Statute Summary & A Brief Review of Specific Relief Act by MEHREEN IJAZ (law scholar).
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The entire conceptualism convoluting around declaratory relief is a dynamic equitable legal phenomenon which has been inculcated in S.42 of the Specific Relief Act 1877 (hereinafter referred as Act). The understanding it produces, in judicial function, is a two-pronged tension between the elasticity of equity jurisprudence and the strictness of positivistic legislation. The fundamental basis of this relief is, as mentioned in this paper, equity jurisprudence which has got judicially interpreted, from myriad legal perspectives, in a number of different jurisdictions which, in one way or another, yielded in having different versions of complexions of it. Judicial activism, in the name using discretionary power, by the judges has also added air to the sail making it a fluid and intricately flexible concept. On this note, for grasping a better comparative and inclusive comprehension, this paper will take into consideration the judicial trend of India, USA, UK and Australia against the same of Bangladesh along with discussion jurisprudential aspect in line with policy considerations. The paper will argue that the mechanism of using discretion in this regard is well guarded and within the bound, judicial activism plays a significant role.
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