Court may require parties rescinding to do equity
Section 30 of the Specific Relief Act, 1963 deals with court may require parties rescinding to do equity. On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. The Act came into force on 01 Mar 1964.
On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require.
Section 30, The Specific Relief Act, 1963 (Act 47 of 1963).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… As a result, we have no option but to dismiss the appeal and to affirm the order passed under -:7:- Section 28(1). However, we note that the court below while ordering rescission of the contract, did not order refund of the advance amount paid. It is a requirement under Section 30 of the Specific Relief Act to order refund of any advance amount. We are of the view that the plaintiff is entitled for return of the advance amount of Rs.10 lakhs together with 6% interest from the date of agreement of sale. The court below has also to be ordered to refund the Rs.25 lakhs deposited by the …
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… As a result, we have no option but to dismiss the appeal and to affirm the order passed under -:7:- Section 28(1). However, we note that the court below while ordering rescission of the contract, did not order refund of the advance amount paid. It is a requirement under Section 30 of the Specific Relief Act to order refund of any advance amount. We are of the view that the plaintiff is entitled for return of the advance amount of Rs.10 lakhs together with 6% interest from the date of agreement of sale. The court below has also to be ordered to refund the Rs.25 lakhs deposited by the …
Questions about Section 30
What does Section 30 of the Specific Relief Act deal with?
Section 30 of the Specific Relief Act is headed "Court may require parties rescinding to do equity". On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require.
How do I find court cases under Section 30 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 30, section 30 Specific Relief Act, section 30 of the Specific Relief Act. People searching for it also type specific relief act 1963 section 30. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 30 of the Specific Relief Act come into force?
Section 30 of the Specific Relief Act, cited as Specific Relief Act 30, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.