Legal Luminaries Launch 19th Edition of "Sarkar Specific Relief Act" by Sudipto Sarkar and Sidharth Sethi

Legal Luminaries Launch 19th Edition of "Sarkar Specific Relief Act" by Sudipto Sarkar and Sidharth Sethi

On 16 October 20247, the book titled Sarkar Specific Relief Act, authored by Sudipto Sarkar, Senior Advocate, and Sidharth Sethi, Advocate-on-Record at the Supreme Court of India and Partner at JSA, and published by LexisNexis, was officially launched.

The event took place at The Oberoi, New Delhi, with Justice Surya Kant, Judge, Supreme Court of India, presiding as the Chief Guest. Justice K.V. Viswanathan, Judge, Supreme Court of India, attended as the Guest of Honour.

The launch was graced by the presence of former Supreme Court and High Court judges, leading senior advocates, in-house counsels, and prominent lawyers from both national and international law firms.

Justice Surya Kant, in his address, emphasized the enduring importance of the book in the Indian legal landscape. He pointed out that the Sarkar Specific Relief Act "holds a special place in our legal landscape," serving as a trusted guide for generations of legal professionals. Highlighting the transformative impact of the 2018 amendments to the Specific Relief Act, Justice Surya Kant stated, "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’."

He also noted the business-friendly nature of the amendments, aimed at encouraging foreign investment. Justice Kant further elaborated, "The changes introduced in the amendment are not just amendments in words but represent a substantial transformation in the approach and spirit of the law." He stressed that "these amendments are critical in building a stable foundation for India’s economic future," instilling confidence in both domestic and international investors. Justice Surya Kant concluded by quoting Lord Denning: "Without books, law is silent and justice is dead."

Justice K.V. Viswanathan lauded the efforts of the authors and publishers in bringing out the 19th edition of the Sarkar Specific Relief Act. He observed that, “A good lawyer is not one who knows the law but one who knows where to locate the law. A good set of treatises, therefore, plays a pivotal role in that pursuit. In that galaxy of books, Sarkar Specific Relief Act has a pride of place.”

He commended the book for its comprehensive coverage of the 2018 amendments and their implications. Justice Viswanathan elaborated on the transformation in judicial discretion brought about by the amendments. Referring to a quote from a King’s Bench judgment cited in the Supreme Court’s K. Prakash vs. BR Sampath Kumar case, he remarked:

“Discretion is a science, not to act arbitrarily according to men’s will and private affection: so the discretion which is exercised here, is to be governed by rules of law and equity, which are to oppose, but each, in its turn, to be subservient to the other. This discretion, in some cases, follows the law implicitly, in others or allays the rigour of it, but in no case does it contradict or overturn the grounds or principles thereof, as has been sometimes ignorantly imputed to this Court.”

Justice Viswanathan emphasized that the amendments reflect a profound change: “Under the old law, courts had the discretion to decree specific performance, but this discretion was not unguided.” He illustrated his point by citing various landmark judgments and personal experiences, noting, “For specific relief, commentaries are extremely important because it is substantially case law-driven.”

Speaking at the event, Sudipto Sarkar expressed his gratitude to the Chief Guests and provided a historical perspective on the book’s rich legacy. He noted that while there are other legal texts over a century old, Sarkar Specific Relief Act is unique because the same editorial family has undertaken the work for over 100 years. He emphasized that the 2018 amendments have brought a “paradigm shift” in the law relating to specific relief, altering many fundamental principles that were previously followed.

He pointed out, “A large bulk of the law becomes no longer relevant in view of the amendments. However, since the amendments are prospective, so long as cases remain under the old statute (pre-amendment), that law will remain relevant.” Highlighting the transformative impact of Section 14A of the amended Act, he said, “Section 14A has introduced the concept of a judge playing an inquisitorial role – which is not the approach followed in common law (being adversarial). Practitioners have to therefore decide how they look at Section 14A – whether it is an island in a common law country – and whether suits under the Specific Relief Act are a special category.”

In his welcome address, Sidharth Sethi emphasized the enduring significance of the law relating to Specific Relief as a cornerstone of Indian civil law. “In an era where contracts form the bedrock of commercial relationships, understanding the nuances of this law cannot be overemphasized,” he stated.

He remarked that the recent amendments have introduced “significant changes, particularly with respect to the enforcement of contracts, the discretion of courts, and the remedies available to parties.” He concluded by noting that the 19th edition aims to provide “a comprehensive analysis of the Specific Relief Act, blending the oretical insights with practical applications.”