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

The correct answer is 'for the purpose of enforcing individual civil rights.'

Key Points

• Specific Relief Act, 1963:
  • The Specific Relief Act, 1963 is an Indian law that provides remedies for the enforcement of civil rights.
  • It aims to grant specific relief for the enforcement of individual civil rights rather than compensating the injured party with money damages.
• Enforcement of Individual Civil Rights:
  • The Act focuses on providing specific relief to enforce individual civil rights, ensuring that the legal rights of individuals are protected and enforced.
  • Specific performance, injunction, and declaratory relief are some of the remedies provided under this Act.

Additional Information

• Penal Law Enforcement:
  • The Specific Relief Act does not aim at enforcing penal laws. Penal laws are concerned with punishment for offenses, which is not within the scope of this Act.
  • The enforcement of penal laws is handled by criminal law, not by specific relief provisions.
• Non-applicability to Penal Law:
  • The Act explicitly avoids the realm of penal law, which deals with crimes and their punishments.
  • Specific relief is not granted for penal law purposes, which is why option 2 is incorrect.
• Incorrect Options:
  • Option 2: Enforcing a penal law is incorrect as the Act is not designed for penal law enforcement.
  • Option 3: Both 1) and 2) is incorrect as the Act does not cover penal laws.
  • Option 4: None of the above is incorrect as option 1 is correct.

The correct answer is Option 4

Key Points Section 41 of the Specific Relief Act, 1963

Section 41 of the Specific Relief Act, 1963, specifies situations where an injunction cannot be granted. The relevant parts for the options given in the question are:

• Section 41(c): “to restrain any person from applying to any legislative body.”
• Section 41(e): “to prevent the breach of a contract the performance of which would not be specifically enforced.”
• Section 41(j): “when the plaintiff has no personal interest in the matter.”

Since each of the three options directly corresponds to one of these clauses, all of them are instances where an injunction cannot be granted.

Hence, the correct answer is (4) All of the above.

The correct answer is Option 3.

Key Points

• The Preamble to SRA provides that the purpose of the SRA is to “define and amend”. Since the purpose is not consolidate the law on Specific Relief we can say that the SRA is not “Exhaustive”. Further, it only defines and amends “certain kinds of Specific Relief”. This implies that all the specific reliefs are not covered in the Specific Relief Act.
• A major change introduced by the 2018 Amendment Act, is that it now makes it mandatory for courts to enforce specific performance of contracts, except for certain types of contracts where performance is not specifically enforceable. The discretion granted to courts previously while granting the remedy of specific performance including the two circumstances under which specific performance could be granted have been removed.

The correct option is Breach of contract cases.

Key Points

• The scope of specific relief is broad and covers a wide range of contractual and civil disputes. 
• It applies to cases involving contracts for the sale or lease of property, partnerships, intellectual property rights, specific performance of trusts, and breach of contract, among others.
• Contracts:
  • Specific relief can be sought in cases involving breach of contract, where the court may order the defaulting party to perform their contractual obligations. 
• Property Disputes:
  • Specific relief can be granted in cases concerning the ownership or possession of property, where the court may order the restoration of possession or specific acts related to the property.
• Trusts and Trustees:
  • Specific relief is available in cases involving trusts and trustees, allowing the court to enforce the duties and obligations of trustees. 
• Tortious Acts:
  • Specific relief can be sought in cases involving tortious acts, where the court may grant injunctions to prevent or restrain the wrongful actions of individuals.
• Intellectual Property:
  • Specific relief is available in cases of infringement of intellectual property rights, where the court may order the cessation of the infringing activity. 
• Other Circumstances:
  • The court has the power to grant specific relief in other cases as well, depending on the circumstances and the relief sought.

The correct option is Principles of fairness, justice, and equity.

Key Points

• Meaning of Specific Relief:
  • Specific relief is a remedy that is specific to the subject matter of the dispute.
  • It aims to restore the party to the position he or she would have been in if the contract or agreement had been performed as agreed.
  • It may involve compelling a party to carry out their contractual obligations or restraining them from committing a wrongful act.
• Nature of Specific Relief:
  • Specific relief is an equitable remedy, which means it is based on principles of fairness and justice rather than strict legal rules.
  • It is discretionary in nature, and the court considers various factors, such as the nature of the contract, the conduct of the parties, and the practicality of enforcing the relief, before granting specific relief.

The correct option is Principles of fairness, justice, and equity.

Key Points

• Meaning of Specific Relief:
  • Specific relief is a remedy that is specific to the subject matter of the dispute.
  • It aims to restore the party to the position he or she would have been in if the contract or agreement had been performed as agreed.
  • It may involve compelling a party to carry out their contractual obligations or restraining them from committing a wrongful act.
• Nature of Specific Relief:
  • Specific relief is an equitable remedy, which means it is based on principles of fairness and justice rather than strict legal rules.
  • It is discretionary in nature, and the court considers various factors, such as the nature of the contract, the conduct of the parties, and the practicality of enforcing the relief, before granting specific relief.

The correct option is Only I 

Key Points

• Section 2 of the Specific Relief Act of 1963 deals with some important definitions which are as follows:
  • Section 2(a) deals with obligations which are duties imposed on a person by the law or the legal body.
  • Section 2(b) deals with the settlement that means delivery of the movable or immovable property to their successive interests when it is agreed to be disposed of.
  • Section 2(c) deals with the word “trust” which has the same meaning as defined in section 3 of the Indian Trusts Act, 1882.
  • Section 2(d) deals with the word “trustee” which means the person holding trust in the property.
• Recovery of the possession of immovable property:
• Section 5.Recovery of specific immovable property.
  A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

The correct option is All the above.

Key Points

• Equitable remedies are judicial remedies that restore the parties to the same position they would have been in if no breach of contract occurred.
• They are broadly classified as:
  1. Recovery of Possession
  2. Specific Performance
  3. Injunction
  4. Rectification and cancellation of instruments and rescission of contracts
  5. Declaratory Relief
• Recovery of Possession:
  • Recovery of possession of immovable property:
    • Section 5 and 6 of the Act talks about recovery of possession of immovable property.
  • Recovery of possession of movable property:
    • Section 7 and 8 of the Act talks about recovery of movable property.
• Specific Performance of Contracts:
  • When breach of contract takes place, then, instead of awarding damages, the court can order a specific performance.
  • Specific performance is granted in cases where damages will be insufficient.
• Injunction:
  • An injunction, mentioned from section 36 to 44, is a form of preventive relief in which the court restrains the party threatening breach to the extent possible.
  • Injunctions under SRA may be divided into different types namely temporary, perpetual and mandatory.

The correct answer is Option 2

Key Points

•  The name of this law is the Specific Relief Act, 1963.
•  It applies to all of India.
• The law will start to be used on a date that the Central Government decides. They will let everyone know through an official public announcement.

correct answer is Section 4.

Key Points According to section 4 of the Specific relief Act, Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.

Additional Information

• section 6 talks about Suit by person dispossessed of immovable property.
• section 3 talks about Savings.
• section 5 deals with Recovery of specific immovable property.

The correct answer is 'for the purpose of enforcing individual civil rights.'

Key Points

• Specific Relief Act, 1963:
  • The Specific Relief Act, 1963 is an Indian law that provides remedies for the enforcement of civil rights.
  • It aims to grant specific relief for the enforcement of individual civil rights rather than compensating the injured party with money damages.
• Enforcement of Individual Civil Rights:
  • The Act focuses on providing specific relief to enforce individual civil rights, ensuring that the legal rights of individuals are protected and enforced.
  • Specific performance, injunction, and declaratory relief are some of the remedies provided under this Act.

Additional Information

• Penal Law Enforcement:
  • The Specific Relief Act does not aim at enforcing penal laws. Penal laws are concerned with punishment for offenses, which is not within the scope of this Act.
  • The enforcement of penal laws is handled by criminal law, not by specific relief provisions.
• Non-applicability to Penal Law:
  • The Act explicitly avoids the realm of penal law, which deals with crimes and their punishments.
  • Specific relief is not granted for penal law purposes, which is why option 2 is incorrect.
• Incorrect Options:
  • Option 2: Enforcing a penal law is incorrect as the Act is not designed for penal law enforcement.
  • Option 3: Both 1) and 2) is incorrect as the Act does not cover penal laws.
  • Option 4: None of the above is incorrect as option 1 is correct.

The correct answer is Option 4

Key Points Section 41 of the Specific Relief Act, 1963

Section 41 of the Specific Relief Act, 1963, specifies situations where an injunction cannot be granted. The relevant parts for the options given in the question are:

• Section 41(c): “to restrain any person from applying to any legislative body.”
• Section 41(e): “to prevent the breach of a contract the performance of which would not be specifically enforced.”
• Section 41(j): “when the plaintiff has no personal interest in the matter.”

Since each of the three options directly corresponds to one of these clauses, all of them are instances where an injunction cannot be granted.

Hence, the correct answer is (4) All of the above.

The correct answer is Option 3.

Key Points

• The Preamble to SRA provides that the purpose of the SRA is to “define and amend”. Since the purpose is not consolidate the law on Specific Relief we can say that the SRA is not “Exhaustive”. Further, it only defines and amends “certain kinds of Specific Relief”. This implies that all the specific reliefs are not covered in the Specific Relief Act.
• A major change introduced by the 2018 Amendment Act, is that it now makes it mandatory for courts to enforce specific performance of contracts, except for certain types of contracts where performance is not specifically enforceable. The discretion granted to courts previously while granting the remedy of specific performance including the two circumstances under which specific performance could be granted have been removed.

The correct option is Breach of contract cases.

Key Points

• The scope of specific relief is broad and covers a wide range of contractual and civil disputes. 
• It applies to cases involving contracts for the sale or lease of property, partnerships, intellectual property rights, specific performance of trusts, and breach of contract, among others.
• Contracts:
  • Specific relief can be sought in cases involving breach of contract, where the court may order the defaulting party to perform their contractual obligations. 
• Property Disputes:
  • Specific relief can be granted in cases concerning the ownership or possession of property, where the court may order the restoration of possession or specific acts related to the property.
• Trusts and Trustees:
  • Specific relief is available in cases involving trusts and trustees, allowing the court to enforce the duties and obligations of trustees. 
• Tortious Acts:
  • Specific relief can be sought in cases involving tortious acts, where the court may grant injunctions to prevent or restrain the wrongful actions of individuals.
• Intellectual Property:
  • Specific relief is available in cases of infringement of intellectual property rights, where the court may order the cessation of the infringing activity. 
• Other Circumstances:
  • The court has the power to grant specific relief in other cases as well, depending on the circumstances and the relief sought.

The correct option is Both postive and negative relief.

Key Points

• The Law of Specific Relief deals with 'Remedies'.
• It is a remedy which aims at the exact fulfilment of an obligation.
• The suit under the Specific Relief Act may be brought to compel the performance of the contract by the person in default.
• Such relief may be either positive or negative.
• It is positive when a claim to the performance of it and negative when it is desired to prevent the doing of thing enjoined or undertaken as not to be done.
• The Specific Relief Act explains the various reliefs which can be granted under its provisions and provides the law concerning them.
• It provides for the exact fulfilment of the obligation or the specific performance of a contract.
• It is directed to the obtaining of the very thing which a person is deprived of and ought to be entitled to ask for.
• It is a remedy by which the party to a contract is compelled to do or omit the very acts which he has undertaken to do or omit.
• The remedies which have been administered by Civil Courts of Justice against any wrong or injury fall broadly into two classes:
  • Those by which the suitor obtains the very thing to which he is entitled.
  • Those by which he obtains not that very thing, but compensation for the loss of it.