On October 17, The book titled “Sarkar Specific Relief Act,” authored by Sudipto Sarkar, Senior Advocate and Sidharth Sethi, Advocate-on-Record, Supreme Court of India and Partner JSA, Published by LexisNexis was officially launched.
The event, held at The Oberoi, New Delhi, was attended by Justice Surya Kant, Judge, Supreme Court of India, who presided over the book release function as the Chief Guest. Justice K.V. Viswanathan, Judge, Supreme Court of India, was also present as the Guest of Honour.
Former judges of the Supreme Court and High Court, Leading Senior Advocates, in-house counsels, and leading lawyers from national and international law firms were also present.
The program commenced with a welcome address by Sidharth Sethi. In his address, Sethi provided an overview of the book and that the updated edition provides a comprehensive analysis of the Specific Relief Act, blending theoretical insights with practical applications. He highlighted that in an era where contracts and legal agreements form the bedrock of commercial relationships, understanding the nuances of this law cannot be overemphasized.
Sudipto Sarkar, Senior Advocate, reflected on the key legal developments and amendments brought in by the legislature in 2018. He emphasized that the law relating to ‘Specific Relief’ has undergone several amendments, the most recent in 2018, reflecting the evolving nature of Indian jurisprudence and the need for legal frameworks to adapt to contemporary realities. He pointed out that the book will not only enhance understanding of the law but will also equip the readers with the analytical tools necessary to apply it effectively in real-world scenarios.
Justice K.V. Viswanathan, the Guest of Honour for the evening, cited various legal precedents to highlight how the law has changed and evolved over the years and how the Supreme Court has developed the jurisprudence. He stressed that the amendments in 2018 have introduced a paradigm shift particularly with respect to the enforcement of contracts, the discretion of courts, and the remedies available to parties. He pointed out that this book will serve as a reliable reference guide to members of the bar and bench.
The highlight of the evening was the formal release of the book by Justice Surya Kant, who delivered the keynote address. Justice Surya Kant commended the authors for their exceptional work in dissecting the complexities of the Specific Relief Act and providing a comprehensive guide for legal practitioners. He acknowledged the significant contribution the book would make in ensuring a more effective understanding of civil remedies under the Act and its jurisprudence.
Justice Surya Kant highlighted that the 2018 Amendment to the Specific Relief Act marks a significant shift from the original 1963 Act. These amendments were brought with the objective of changing the approach from ‘damages being the rule and specific performance being the exception, to specific performance being the rule, and damages being the alternate remedy’.
The 2018 amendment was aimed at encouraging foreign investment in India and make laws more business friendly. He also emphasized that the amendments are critical in building a stable foundation for our country’s economic future. They instill confidence in investors, both domestic and international, by ensuring that their interests are safeguarded and that agreements will be enforced as promised.
He concluded with the words of Lord Denning stating, “Without books law is silent and justice is dead.”
The formal proceedings concluded with a vote of thanks by LexisNexis, thanking and acknowledging the contributions of the dignitaries, the authors, and the attendees.
