SRA MCQ Quiz - Objective Question with Answer for SRA - Download Free PDF

The correct answer is Section 41

Key Points

• Section 41 of the Specific Relief Act, 1963 enumerates the cases where an injunction may be refused.
• It lists several negative conditions under which the court shall not grant an injunction, such as when:
  • An equally efficacious remedy is available,
  • The injunction would obstruct lawful business,
  • It would restrain someone from prosecuting a judicial proceeding,
  • It would prevent legislative acts or infringe on public interest, etc.
• Thus, Section 41 provides limitations on the discretionary power of courts to issue injunctions.

Additional Information

• Section 38 – Deals with perpetual injunctions, not refusal conditions.
• Section 39 – Relates to mandatory injunctions, not grounds for refusal.
• Section 42 – Applies to declaratory decrees with or without injunction, not refusal grounds.

The correct answer is Both A and B above

Key Points

• Under Chapter 6 (Sections 34 to 35) of the Specific Relief Act, 1963, the law deals with declaratory reliefs.
• Section 35 specifically states that a declaration made under Section 34 (regarding any legal character or right to property) is binding on:
  • The parties to the suit, and
  • Persons claiming through them (e.g., legal heirs, assignees, or successors in interest).
• This ensures that once the court declares a person’s legal status or rights through a decree, it prevents future disputes by binding not just the litigants, but also those who claim under them.

Additional Information

• The parties to the suit – Partially correct, but incomplete as it excludes successors.
• Persons claiming through the parties to the suit – Also incomplete, must include the parties themselves.
• None of the above – Incorrect, as both A and B are actually covered under Section 35.

The correct answer is Section 32

Key Points

• Section 32 of the Specific Relief Act, 1963 – Partial Cancellation of Instruments.
• If an instrument (document) creates different rights or obligations for different parties, the court has the power to cancel only that part which is defective or unenforceable.
• The rest of the instrument, which is valid, can be allowed to remain in force.
• This allows the court to do justice without unnecessarily cancelling the entire document.
• The court uses this power only in proper cases, depending on facts and circumstances.

Additional Information

• Section 31: Deals with cancellation of entire instruments when they are void or voidable.
• Section 27: Deals with rescission of contracts, not cancellation of instruments.
• Section 29: Deals with alternative relief in case of rescission or cancellation, not partial cancellation.

The correct answer is 6 months of dispossession

Key Points

• Under Section 6 of the Specific Relief Act, 1963, a person who is unlawfully dispossessed of immovable property without their consent can file a suit for possession.
• The section protects even unlawful occupants (like tenants or possessors without title), as long as they were in peaceful possession and dispossessed forcibly or illegally.
• As per Section 6(2) of the Act:
  • "No suit under this section shall be brought after the expiry of six months from the date of dispossession."
  • This is a special remedy independent of ownership title, and it prioritizes protection of possession over ownership.

Additional Information

• 1 month of dispossession – Too short and not prescribed by the Act.
• 3 months of dispossession – No such time frame is mentioned under Section 6.
• 12 years of dispossession – Refers to limitation for adverse possession, not this specific remedy.

The correct answer is Option 4.

Key Points

• Section 16 of the Specific Relief Act, 1963 outlines personal bars to relief in cases of specific performance. According to this section, specific performance of a contract cannot be enforced in favor of a person who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract that are to be performed by him.

• Option 1) Section 13 is incorrect. Section 13 deals with the conditions for granting specific performance but does not address the readiness and willingness of a party to perform the contract.

• Option 2) Section 14 is incorrect. Section 14 deals with the contracts that cannot be specifically enforced, such as contracts for personal services, contracts that are impossible, etc.

• Option 3) Section 15 is incorrect. Section 15 addresses contracts that are already performed and the court's discretion in granting specific performance.

Additional Information

• The readiness and willingness of the plaintiff to perform their part of the contract is a crucial element in a suit for specific performance. The court will only enforce specific performance if the plaintiff has shown that they have not only intended to perform but have also been ready to do so at all times.

The correct answer is Option 2.

Key Points

• The Specific Relief Act is a procedural law as the act does not define rights and liabilities.
• The law of specific relief supplements the Code of Civil Procedure, 1908.
• Procedural law deals with enforcing rights or providing redress of wrongs and comprises rules about jurisdiction, pleading and practice, evidence, appeal, execution of judgments, representation of counsel, etc. 
• Law of specific relief offers a remedy where compensation in the form of money is inadequate or insufficient.

The correct answer is Option 1.

Key Points

• The Specific Relief Act 1963, is enacted to grant specific relief to parties who have suffered due to a breach of contract.
• The Act aims to ensure that parties fulfill their contractual obligations and, when they fail to do so, provide remedies such as specific performance, injunctions, and compensation to the aggrieved party.

The correct answer is Option 4. 

Key Points

•  Section 6 of the Specific Relief Act deals with cases where a person is dispossessed of immovable property without his consent.
• As per section 6(1) of the act, if the person is dispossessed of immovable property without his consent then in that case he can file the suit to recover possession.
• As per section 6(2) of the act, the person cannot file suit after the expiry of the six months from the date of dispossession and a suit cannot be filed against the government.
• Under this section any order or decree passed is considered final.
• No appeal or review is allowed for the order or decree passed under this section.

The correct answer is Option 2.

Key Points

• Section 34 of the Specific Relief Act allows courts to issue declaratory decrees, which serve the purpose of establishing the rights of parties without enforcing any additional consequential relief. It clarifies the legal position or status of the parties involved without granting immediate remedies or obligations.
• Declaratory decree establishes the rights of parties without granting further relief.  

The correct answer is Option 4. 

Key Points

• Section 10 of the Specific Relief Act was amended and substituted by Act no 18 of 2018.
• Amendment was made to strengthen the enforcement of specific performance of a contract.
• Section 10 of the act directly says that the specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16 of the act.

The correct answer is Both restitutory and prohibitory

 Key PointsSection 39 – Mandatory Injunctions - When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts

The correct answer is Both 1 and 2 

Key Points Section 36. Preventive relief how granted.
Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.

Additional Information Section 37. Temporary and perpetual injunctions.
(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

The correct answer is option 1.Key Points

• Section 14 of Specific Relief  Act 1872 deals with Contracts not specifically enforceable.
• The following contracts cannot be specifically enforced, namely:
  • (a) Where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;
  • (b) A contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;
  • (c) A contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and
  • (d) A contract which is in its nature determinable.
• A contract for the non-performance of which compensation is not an adequate relief then the contract can be specifically enforced.