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Disclaimers
Supreme Court of India
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Civil Law
Bare Acts
The Specific Relief Act, 1963
Section 1-44
Section 1
Short title, extent and commencement
Section 2
Definitions
Section 3
Savings
Section 4
Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
Section 5
Recovery of specific immovable property
Section 6
Suit by person dispossessed of immovable property
Section 7
Recovery of specific movable property
Section 8
Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
Section 9
Defences respecting suits for relief based on contract
Section 10
Cases in which specific performance of contract enforceable
Section 11
Cases in which specific performance of contracts connected with trusts enforceable
Section 12
Specific performance of part of contract
Section 13
Rights of purchaser or lessee against person with no title or imperfect title
Section 14
Contracts not specifically enforceable
Section 15
Who may obtain specific performance
Section 16
Personal bars to relief
Section 17
Contract to sell or let property by one who has no title, not specifically enforceable
Section 18
Non-enforcement except with variation
Section 19
Relief against parties and persons claiming under them by subsequent title
Section 20
Discretion as to decreeing specific performance
Section 21
Power to award compensation in certain cases
Section 22
Power to grant relief for possession, partition, refund of earnest money, etc
Section 23
Liquidation of damages not a bar to specific performance
Section 24
Bar of suit for compensation for breach after dismissal of suit for specific performance
Section 25
Application of preceding sections to certain awards and testamentary directions to execute settlements
Section 26
When instrument may be rectified
Section 27
When rescission may be adjudged or refused
Section 28
Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
Section 29
Alternative prayer for rescission in suit for specific performance
Section 30
Court may require parties rescinding to do equity
Section 31
When cancellation may be ordered
Section 32
What instruments may be partially cancelled
Section 33
Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable
Section 34
Discretion of court as to declaration of status or right
Section 35
Effect of declaration
Section 36
Preventive relief how granted
Section 37
Temporary and perpetual injunctions
Section 38
Perpetual injunction when granted
Section 39
Mandatory injunctions
Section 40
Damages in lieu of, or in addition to, injunction
Section 41
Injunction when refused
Section 42
Injunction to perform negative agreement
Section 43
Repealed
Section 44
Repeal
Section 40- Damages in lieu of, or in addition to, injunction
Sub Section (1)
The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.
Sub Section (2)
No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:
Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
Sub Section (3)
The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.
The Specific Relief Act, 1963
Section(s)
1 - 44
Judgement(s) Found in :
The Specific Relief Act, 1963
Section 40
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