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

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 'duty.'

Key Points

• Understanding "Obligation" under Section 2(a) of the Specific Relief Act, 1963:
  • The term "obligation" is defined in Section 2(a) of the Specific Relief Act, 1963, as including every duty enforceable by law.
  • In legal terms, an obligation refers to a binding responsibility or duty that is recognized and enforceable under the law.
  • This definition highlights that obligations are not merely moral or ethical but must have a legal basis to be enforceable.
• Specific Relief Act, 1963:
  • The Specific Relief Act, 1963, provides remedies for the enforcement of individual civil rights rather than penal laws.
  • It is primarily focused on providing specific relief in cases where compensation is not an adequate remedy.
  • Understanding "obligation" is fundamental to comprehending the remedies under this Act, as the enforcement of obligations lies at its core.

Additional Information

• Explanation of Incorrect Options:
  • Right: A "right" is a legal entitlement to have or do something. While obligations are often correlated with rights, they are distinct concepts. The definition of obligation focuses on duties rather than entitlements.
  • Obligation: This option is circular and does not provide a meaningful definition. The question already seeks to define "obligation," so this is not a valid answer.
  • Legal Right: A "legal right" refers to a privilege or entitlement protected by law. While obligations and legal rights are interconnected, the definition of obligation under Section 2(a) specifically pertains to duties enforceable by law, not rights.
• Relationship Between Rights and Duties:
  • Every right has a corresponding duty. For example, if someone has a right to property, others have a duty not to interfere with that property.
  • However, the legal definition of "obligation" under the Specific Relief Act focuses solely on duties that are enforceable by law.

The correct answer is 'Sec.27 - Rescission of contracts'

Key Points

• Specific Relief Act, 1963:
  • The Specific Relief Act, 1963, governs specific reliefs in Indian law, which are granted under special circumstances when damages are not adequate to rectify a wrong.
  • It focuses on remedies related to the enforcement of individual civil rights rather than penal provisions.
• Explanation for Sec.27:
  • Section 27 of the Specific Relief Act does not deal with the rescission of contracts; it pertains to the enforcement of contracts related to personal rights or obligations that cannot be assigned.
  • Rescission of contracts is actually governed under Section 29 of the Act, not Section 27.
  • Therefore, the combination of Section 27 and "Rescission of contracts" is incorrect.

Additional Information

• Section 30 - Cancellation of Instruments:
  • Section 30 deals with the cancellation of instruments, allowing a person to seek relief when an instrument (such as a contract or deed) is void or voidable and may cause harm if left outstanding.
  • This is a correct combination as per the Specific Relief Act, 1963.
• Section 34 - Declaration of status or right:
  • Section 34 provides relief for individuals seeking a declaration of their legal status or rights. It enables a person to approach the court to declare their entitlement without necessarily seeking further consequential relief.
  • This combination is accurate as per the Act.
• Section 39 - Mandatory Injunction:
  • Section 39 pertains to mandatory injunctions, which compel a party to perform a specific act to prevent the breach of an obligation or rectify a wrongful act.
  • This is also a correct combination under the Specific Relief Act, 1963.

The correct answer is 'Perpetual Injunction'

Key Points

• Relief under the Specific Relief Act, 1963:
  • The Specific Relief Act, 1963, deals with specific performance of contracts and provides remedies for protecting civil and contractual rights.
  • Perpetual Injunction is a form of relief under this Act. It is a court order that prohibits a party from doing a particular act indefinitely to prevent the violation of rights.
  • Section 38 of the Act governs perpetual injunctions. These injunctions are granted when:
    • The plaintiff has a legal right that is being violated.
    • Monetary compensation would not adequately remedy the violation.
    • The defendant's act threatens to cause irreparable harm.
  • The perpetual injunction ensures that the plaintiff’s legal rights are protected from future violations.

Additional Information

• Recovery of Money:
  • The recovery of money is governed by the Code of Civil Procedure (CPC) and Contract Act, not the Specific Relief Act, 1963. This involves filing a suit for debt or damages.
  • It does not fall under the remedies provided by the Specific Relief Act, as it primarily deals with enforcing specific rights rather than monetary claims.
• Ejectment of Tenant:
  • Ejectment of a tenant typically falls under rent control laws and property laws rather than the Specific Relief Act.
  • These laws govern the conditions and legal procedures for removing a tenant from a property.
• Redemption of Mortgage:
  • Redemption of mortgage refers to the mortgagor's right to reclaim property by repaying the debt. This is primarily regulated under property laws and the Transfer of Property Act, 1882, not the Specific Relief Act, 1963.
  • The Specific Relief Act does not address mortgage redemption directly.
• Perpetual Injunction:
  • As explained above, perpetual injunction is a specific relief under the Act to prevent violations of legal rights.

The correct answer is all of the above 

Key Points Section 41 – Cases Where Injunction Cannot Be Granted

• Under the Specific Relief Act, 1963, Section 41 lays down specific circumstances in which the Court shall refuse to grant an injunction, including:
• When the plaintiff has no personal interest in the matter. (Clause j)
• To prevent the breach of a contract whose performance cannot be specifically enforced. (Clause e)
• To restrain any person from applying to any legislative body. (Clause c)

✅ Therefore, the correct answer is:
4) All the above

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 ​Plaintiffs

Key Points

•  Legal Disability in Initiating Legal Proceedings: