1.
Introduction
Substantive
laws generally provide remedies for instance; law of contract provides remedy
of damages for breach of contract. Although Specific Relief Act is a procedural
law, yet it is based on rules of justice, equity and good conscience.
Therefore, it provides various kinds of specific relief or equitable remedy
against violation of legal rights. Cancellation of instruments is one of these
kinds of specific relief or equitable remedy.
2.
Relevant Provisions
Section
39 to 41 of the Specific Relief Act, 1877 deal with the cancellation of the
contracts.
3.
Definition of Cancellation of Instruments
According
to Specific Relief Act, if a written document is void or voidable due to some
reason and any person, who has reasonable apprehension that this document is
against him and can cause serious injury to him especially if such document is
left outstanding, this person can sue for cancellation of such document. This
is called cancellation of Instruments.
4.
Explanation of Cancellation of Instruments
To
explanation these are the important points
(i)
Nullifying a Document
Cancellation
of instruments is about nullifying documents.
(ii) Kinds of Cancellation of Instruments
There
are the two kinds
(a)
Complete Cancellation of Instruments
Under
specific Relief Act, court has discretion to adjudge an instrument, to order it
to be delivered up and cancelled. It reveals that complete cancellation of
instruments has been provided in law.
(b)
Partial Cancellation of Instruments
According
to specific Relief Act, court can cancel an instrument in part and can allow
performance of its remaining part. It reveals that partial cancellation of
instruments has also been provided in law.
(iii) Grounds for Cancellation of Instruments or under what circumstance instruments can be cancelled
Followings
are considered grounds for cancellation of instruments or following
circumstance under which instruments can be cancelled.
(a)
Void or Voidable Instrument
A
ground for cancellation of instruments is that a written instrument should be
void or voidable against any person.
(b)
Causing of Injury
Another
ground for cancellation of instruments is that if an instrument is left
outstanding, it can cause injury to that person against whom instrument is void
or voidable.
(c)
Apprehension of serious Injury
Among
grounds for cancellation of instruments, a ground is that there should be
apprehension of serious injury due to a written instrument.
(iv) What instruments can be cancelled?
Following
instruments can be cancelled:
(a)
Written Instrument
When
an instrument is written and the same is void or voidable against any person
and can cause serious injury to such person, this written instrument can be
cancelled.
(b)
Registered Instrument
A
registered instrument can be cancelled. However, it is necessary for court to
send a copy of its decree regarding cancellation of registered instrument to
that officer, in whose office the instrument has been registered and such
officer should note fact of cancellation on that copy of the instrument, which
is present in his books.
(c)
Unregistered Instrument
An
unregistered instrument can also be cancelled. However, it is necessary for
court to send a copy of its decree regarding cancellation of unregistered instrument
to that officer, in whose office the instruments are registered.
(d)
Void Instrument
An
instrument, which is void against any person and can cause apprehension of
serious injury to the person, can be cancelled.
(e)
Voidable Instrument
An
instrument, which is voidable against any person and can cause apprehension of
serious injury to the person, can be cancelled.
(f)
Unconstitutional Instrument
An
instrument, which is unconstitutional, can also be cancelled.
(v) What Instruments can be partially cancelled?
When
instrument is evidence of different rights or different obligations, court can
cancel it in part and can allow performance of its remaining part.
Conclusion
To
conclude, it can be stated that cancellation of instruments is a discretionary
relief. To avail such kinds of discretionary relief, plaintiff is under burden
to prove that some instrument or any part of its is void or voidable against
him and can cause serious injury to him.
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