What kind of specific relief is available under Specific Relief Act Mcq?

Q. 8:- 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.

What are the main principles of Specific Relief Act?

This legal statute’s main aim is that no person shall live with the damages and losses and those who have caused such a situation must be in a position to restore all unlawful benefits received by them. This act focuses on providing justice to all and not inequitable favouring a single party.

How many sections are in the Specific Relief Act?

Contents
Sections	Particulars
22	Power to grant relief for possession, partition, refund of earnest money, etc.
23	Liquidation of damages not a bar to specific performance
24	Bar of suit for compensation for breach after dismissal of suit for specific performance.

What is Section 10 of Specific Relief Act?

(a) where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market; (b) where the property is held by the defendant as the agent or trustee of the plaintiff.

What is specific performance of contract Mcq?

b) Specific performance is a court order to the party in breach of contract to perform his obligations under the contract.

What are the objectives of specific relief?

What is specific relief: It is a positive remedy. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he has been deprived. In another words it is compliance of a contract specifically, which has been refused to comply with.

What is instrument in Specific Relief Act?

‘Rectification of instrument,’ means correcting the errors, here instrument means contract. Rectification of instruments under specific relief act is a fair or an impartial remedy that is granted by the Court when facts are not according to the intention of the parties.

How many types of injunction are there?

The following are the different types of the injunction: Preliminary injunction. Preventive Injunction. Mandatory injunction.

What kind of law is the Specific Relief Act 1877?

Section 12 of the Specific Relief Act 1877 deals with, where one party can sue another party for specific performance of a contract against the defaulting party. This section is practiced on a maxim ‘Equity imputes an intention to fulfill an obligation and ‘equity sees that as done which ought to be done.

What is section 20 of Specific Relief Act?

Section 20 of the Specific Relief Act, 1963 preserves judicial discretion of courts as to decreeing specific performance. The court should meticulously consider all facts and circumstances of the case. The court is not bound to grant specific performance merely because it is lawful to do so.

What is section 38 of Specific Relief Act?

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

What is true of Specific Relief Act?

The Specific Relief Act 1963 (“the Act”) sets out the remedies available to parties whose contractual or civil rights have been hampered. The Act comes into play when an actual damage for non-performance of a contractual obligation cannot be measured or the monetary compensation would not suffice.

What is the rule in Hadley v Baxendale?

It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen, but is not liable for any losses that the breaching party could not have foreseen on the information available to him.

What is the nature of Specific Relief Act?

It is a law which deals with ‗Remedies’. The expression Specific Relief means a relief in specie. It is a remedy which aims at exact fulfillment of an obligation. The suit under Specific Relief Act may be brought to compel the performance of the contract by the person in default.

What is the purpose of the Specific Relief Act 1877?

Specific Relief Act 1877 falls within the domain of equity in civil courts. This act is a remedy where both parties have to fulfill their performance under a contract. Specific relief talks about Equity is derived from the Latin word ‘AEQUITAS’ which means fairness.

What is injunction in Specific Relief Act?

An injunction is an equitable remedy in the form of a court order that demands a party must do or must not do certain acts. A party that does not follow an order of injunction and fails to comply with it has to. 1. face both criminal and civil penalties and. 2.

What is injection suit?

An injunction is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.

What is the purpose of Specific Relief Act?

The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877.

What is Section 38 of Specific Relief Act?

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