Specific Relief Act, 1963

Section 24

Specific performance of contracts for the sale of movable property.

⚡ Quick Answer Reference: Section 24 Specific Relief Act, 1963

Provision: Section 24 of Specific Relief Act, 1963
Act: Specific Relief Act, 1963
Classification: civil
Jurisdiction: India
Summary: This section states that a court cannot order specific performance of a contract for the sale of movable property unless the buyer has paid at least part of the price. This means that the buyer must show some commitment to the purchase before the court will enforce the contract.

Statutory Content

What does Section 24 of Specific Relief Act, 1963 say?

Where any contract is for the sale of movable property, the court shall not grant a decree for specific performance of that contract, unless the buyer has paid the whole or part of the price of such property.

Indian StandardSection 24, Specific Relief Act, 1963

Bluebook (21st ed.)Specific Relief Act, 1963, § 24 (India)

Court Pleading StandardSection 24 of the Specific Relief Act, 1963

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 24 of Specific Relief Act, 1963 mean?

Plain English Explanation

This section states that a court cannot order specific performance of a contract for the sale of movable property unless the buyer has paid at least part of the price. This means that the buyer must show some commitment to the purchase before the court will enforce the contract.

Practical Interpretation

In practice, this section means that buyers must demonstrate their willingness to complete the purchase by making some payment before the court will intervene. This helps prevent buyers from backing out of deals without consequence.

Core Legal Purpose

The core purpose of this section is to ensure that buyers have some skin in the game before the court will enforce a contract for the sale of movable property. This helps maintain the integrity of the contract and prevents frivolous lawsuits.

Key Legal Elements

•The contract must be for the sale of movable property.
•The buyer must have paid the whole or part of the price.
•The court will not grant a decree for specific performance unless these conditions are met.
•There is no exception or limitation mentioned in the statutory text.

Practical Example

Practical Example of Section 24 Specific Relief Act, 1963

Rajesh and Priya entered into a contract for the sale of a car. Rajesh paid 10% of the price as a deposit. However, he later tried to back out of the deal, claiming that the car was not as described. Priya sued Rajesh for specific performance, but the court refused to grant the decree because Rajesh had not paid the whole price. This section applies in this scenario because the contract was for the sale of movable property and Rajesh had not paid the whole price.

Common Questions (FAQ)

Frequently Asked Questions about Section 24 Specific Relief Act, 1963

Q: What is the punishment or consequence under Section 24 of Specific Relief Act, 1963?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all contracts for the sale of movable property, regardless of whether the parties are private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 24 Specific Relief Act, 1963

What is Section 24 of Specific Relief Act, 1963?

Section 24 of the Specific Relief Act, 1963 (Specific Relief Act, 1963) defines and regulates "Specific performance of contracts for the sale of movable property.". In plain terms: This section states that a court cannot order specific performance of a contract for the sale of movable property unless the buyer has paid at least part of the price. This means that the buyer must show some commitment to the purchase before the court will enforce the contract.

What are the elements of Section 24 of Specific Relief Act, 1963?

The essential elements of Section 24 of Specific Relief Act, 1963 are: The contract must be for the sale of movable property.; The buyer must have paid the whole or part of the price.; The court will not grant a decree for specific performance unless these conditions are met..

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