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Specific Relief Act, 1963

Section 38

Specific performance of contracts for the sale of immovable property.

Quick Answer Reference: Section 38 Specific Relief Act, 1963

  • Provision: Section 38 of Specific Relief Act, 1963
  • Act: Specific Relief Act, 1963
  • Classification: civil
  • Jurisdiction: India
Statutory Content

What does Section 38 of Specific Relief Act, 1963 say?

Where any contract is for the sale of immovable property, the court may, in its discretion, refuse to grant specific performance of such contract, and may award damages instead.

Indian StandardSection 38, Specific Relief Act, 1963
Bluebook (21st ed.)Specific Relief Act, 1963, § 38 (India)
Court Pleading StandardSection 38 of the Specific Relief Act, 1963
Canonical Web linkhttps://nyaya.cloud/acts/specific-relief-act-1963/38

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 38 Specific Relief Act, 1963

What is Section 38 of Specific Relief Act, 1963?

Section 38 of the Specific Relief Act, 1963 (Specific Relief Act, 1963) defines and regulates "Specific performance of contracts for the sale of immovable property.". The section states: Where any contract is for the sale of immovable property, the court may, in its discretion, refuse to grant specific performance of such contract, and may award damages instead....

Landmark Case Laws

Landmark Judgments under Section 38 Specific Relief Act, 1963

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 38

Related Concepts