SRA Preliminary MCQ Quiz in मल्याळम - Objective Question with Answer for SRA Preliminary - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Option 1. 

Key Points

• The Court in a suit for specific performance of a contract, may also grant compensation for its breach in addition to such performance.
• But According to Section 21(1)(5) SRA, 1963: 
  • ​No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:
  • Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation. 

The correct answer is Option 4.

Key PointsSection 42 of the Specific Relief Act, 1963 provides for the grant of an injunction to perform a negative agreement.

• The court can grant an injunction to prevent certain acts, which are prohibited by the contract to do.
• However, there is a limitation of fact that whether the plaintiff has performed his part of the contract.
• Naturally non performance by the plaintiff disentitles him from obtaining such an injunction.
• An injunction cannot also be granted to prevent the breach of contract which cannot be specifically enforced, except for enforcement of negative obligations.

The correct answer is Option 4. 

Key Points According to Section 14(3)(c) in the Specific Relief Act, 1963:

where the suit is for the enforcement of a contract for the construction of any building or the execution of any other work on land. 

• Provided that the following conditions are fulfilled, namely:—
  • ​the building or other work is described in the contract in terms sufficiently precise to enable the court to determine the exact nature of the building or work;
  • the plaintiff has a substantial interest in the performance of the contract and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief; and
  • the defendant has, in pursuance of the contract, obtained possession of the whole or any part of the land on which the building is to be constructed or other work is to be executed.

The correct answer is Option 1. 

Key Points According to Section 41(b) of SRA Act, 1963 An injunction cannot be granted: 

To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.

Example:

• B is filing or continuing an injunction suit against A.
• If A files an injunction suit to restrain B from filing or continuing such injunction suit then no injunction shall be granted to prevent B from doing so. 

Additional Information  Injunction: 

• An injunction is a court order requiring a person or entity to either cease doing or else start doing some specific action.

There are three main types of injunction: temporary restraining orders, preliminary injunctions, and permanent injunctions.

 Temporary injunction: 

• A temporary injunction is a legal remedy that temporarily restrains a party from performing a specified act.
• This type of injunction can be granted until the disposal of the suit or until the court issues a further order.
• The grant of an injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908& Section 37(1) of the Specific Relief Act 1963 and may be awarded at any juncture of the legal proceedings.
  • As per the case of Agricultural Produce Market Committee Vs. Girdharbhai R. Chhaniyara, the Supreme Court determined that temporary injunctions may only be issued if the petitioner possesses a definitive right that is capable of being enforced through injunctive relief.

Preliminary Injunction: 

• A plaintiff may be granted a preliminary injunction, also referred to as an ad-interim injunction, prior to a trial.
• This type of ad-interim injunction, is a legal remedy that aims to maintain the status quo of the subject matter in question, thereby preventing any potential infringement of the plaintiff’s rights and enabling them to seek prompt relief.

Permanent Injunction

• A permanent injunction, popularly referred to as perpetual injunction, can be granted by the court by passing a decree made after hearing and upon the merits of the case.
• Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff .
• The legal provision for perpetual injunctions is not encompassed within the Code of Civil Procedure 1908 but rather falls under the purview of the Specific Relief Act of 1963[Section 37(2),38].
• In legal proceedings, the issuance of a decree by a judge that permanently restrains an individual is typically accompanied by the pursuit of a perpetual injunction.
• The supreme court laid down the rule of when a permanent injunction cannot be granted in K Venkata Rao vs Sunkara Venkata Rao, It held that “a permanent injunction cannot be granted when alternative efficacious relief is available in any other usual mode or proceedings”[6]

Mandatory Injunction

• This compels an individual to undertake a specific action and is mentioned in Section 39 of the Specific Relief Act.
• There are two distinct categories of mandatory injunctions, namely restorative and enforcing.
• The former pertains to the restoration of the status quo by compelling the defendant to undertake a specific action, while the latter involves the performance of a positive act, typically on a continuous basis. 
  • According to Lord Upjohn in the case of Redland Bricks v Morris (1970) the grant of a mandatory injunction is contingent upon the plaintiff’s ability to demonstrate a high likelihood, based on factual evidence, that significant harm will be inflicted upon them in the future.
  • The exercise of jurisdiction should be done with restraint and careful consideration, but when appropriate, it should be done without hesitation.

The correct answer is Option 1. 

Key PointsSection 28(1) of the Specific Relief Act, 1963 provides for the rescission of certain contracts of sale or lease of immovable property. 

• if in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made, and
• the purchaser or lessee does not pay the purchase money or other sum within the period allowed by the decree, the contract may be rescinded.

In case of Narayan Gangadhar Deshpande v. Rango Krishna Dixit, 1958: 

The Court held that the effect of this provision is to empower the Court which passed the decree for specific performance to rescind the contract and set aside the decree which it had passed earlier, if the successful plaintiff failed to comply with the terms of the decree, by making payment of the purchase money or other sums which the court ordered him to pay. Thus, a suit once decreed, may be dismissed if the Court thinks it fit to do so. 

The correct answer is Option 1. 

Key PointsSection 6 in The Specific Relief Act, 1963
Suit by person dispossessed of immovable property.—
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought—
       (a) after the expiry of six months from the date of dispossession; or
       (b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

The correct answer is Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation.

​Key Points

• Specific performance is a legal remedy that allows a court to order a party to a contract to perform their obligations under the contract, rather than simply paying damages for failing to perform. This remedy is typically used when monetary damages would be an inadequate or inappropriate remedy.

In following situation court can grant the specific performance; 

• The subject matter of the contract is unique or has limited availability.
• Monetary damages would not adequately compensate the non-breaching party for the breach.
• The breaching party is able to perform their obligations under the contract.