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

The correct answer is for enforcing individual civil rights.

Key Points

•  Section 4 of the Specific Relief Act, 1963 states that 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.
• The object of the legislature is that the enforcement of a penal law should not be the sole object of the specific relief, the real object being the protection of civil rights of a suitor or prevention of a civil wrong to him. Where, however, the enforcement of a penal law is merely ancillary or incidental to the grant of specific relief, the court will not necessarily refuse it.

The correct answer is Option 1.

Key Points

•  As per section 11(1) of the Specific Relief Act 1963, the specific performance of a contract shall be enforced when the act agreed to be done is in the performance wholly or partly of a trust.
• Section 11(2) of the act says that a contract made by the trustee in excess of his powers or in breach of trust cannot be specifically enforced.
• Here, in this case, X has the power to grant a lease up to 10 years. However, the renewal contract is in excess of X's power which cannot be specifically enforced as per section 11(2) of the Specific Relief Act.
• Section 14 of the Specific Relief Act 1963, deals with contracts that are not specifically enforceable, namely:
  • (a) where a party to the contract has obtained substituted performance of contra act 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.

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 2.

Key Points

• Section 23 of the Specific Relief Act says, liquidation of damages not a bar to specific performance.
• It says, A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case
  of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance.
• The above situation is covered u/s 23 SRA. It says even if any amount is given under the contract, to be paid in case of breach and the court is of the opinion that, the amount is just to secure the specific performance and not for giving an option for paying in lieu of performance.

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.

The correct answer is Option 2

Key Points Section 31 of the Specific Relief Act allows cancellation of a written instrument if it's void or voidable.

• Any person fearing serious harm from the instrument can sue for cancellation.
• The court has discretion to adjudicate it void or voidable and order its cancellation.
• If the instrument is registered under the Indian Registration Act, 1908, the court must send a decree copy for cancellation to the registering officer.
• The officer then notes the cancellation on the instrument copy in their records.

The correct answer is OPTION 1.

Key Points

• Section 11 of the Specific Relief Act, 1963, provides for the Cases in which specific performance of contracts connected with trusts enforceable.
• It states that —(1) Except as otherwise provided in this Act, specific performance of a contract shall, be enforced when the act agreed to be done is in the performance wholly or partly of a trust.
  (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

The correct answer is OPTION 3.

Key Points

• Section 27 of the Specific Relief Act, 1963, provides for When rescission may be adjudged or refused.
• It states that —(1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:—
  (a) where the contract is voidable or terminable by the plaintiff;
  (b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
  (2) Notwithstanding anything contained in sub-section (1), the court may refuse to rescind the contract—
  (a) where the plaintiff has expressly or impliedly ratified the contract; or
  (b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or
  (c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or (d) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract.
  Explanation.—In this section “contract” in relation to the territories to which the Transfer of Property Act, 1882 (4 of 1882), does not extend, means a contract in writing.

The correct answer is OPTION 2.

Key PointsSection 31 of the Specific Relief Act, 1963 is related to cancellation of instruments. 

• When cancellation may be ordered - 
  • Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
  • If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.