MCQs with Explanations: Specific Relief Act, 1963 (For Judicial Services)

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MCQs with Explanations: Specific Relief Act, 1963 (For Judicial Services)

1. Specific relief can be granted for the enforcement of:

A. Penal laws
B. Personal vendetta
C. Individual civil rights ✅
D. All of the above

Explanation:
As per Section 4, specific relief is granted only for enforcing individual civil rights, not penal laws or personal disputes.

2. Under Section 6 of the Act, a person dispossessed of immovable property can file a suit:

A. Only if he has ownership rights
B. Within 6 months from the date of dispossession ✅
C. Only if dispossession was by the Government
D. After the completion of criminal proceedings

Explanation:
Section 6 allows a person in possession (even without ownership) to file a suit within 6 months of dispossession, provided it was without due process of law.

3. Which of the following contracts cannot be specifically enforced as per Section 14?

A. Determinable contracts
B. Contracts involving continuous duties
C. Personal skill-based contracts
D. All of the above ✅

Explanation:
According to Section 14, all these types of contracts are excluded from specific enforcement because they are subjective, non-supervisable, or unstable.

4. Section 10 (post-2018 amendment) makes specific performance:

A. Entirely discretionary
B. Subject to High Court approval
C. A rule, not a discretion, except under certain sections ✅
D. Applicable only in commercial contracts

Explanation:
After the 2018 amendment, specific performance is now to be granted as a rule rather than discretion, unless barred by Section 14 or 16.

5. Who may obtain specific performance under Section 15?

A. Any stranger to the contract
B. Only Government authorities
C. Party to the contract or their legal representative ✅
D. Arbitrators

Explanation:
Section 15 lists who can claim specific performance—includes parties to the contract, their representatives, and specific successors like LLPs or companies post-amalgamation.

6. Substituted performance of contract is provided under:

A. Section 18
B. Section 20 ✅
C. Section 16
D. Section 25

Explanation:
Section 20 (introduced by the 2018 amendment) allows a party to get the contract performed by a third party after notice and claim the expenses from the defaulting party.

7. Which of the following sections deals with mandatory injunctions?

A. Section 37
B. Section 38
C. Section 39 ✅
D. Section 40

Explanation:
Section 39 empowers the court to grant a mandatory injunction to compel the performance of specific acts necessary to prevent a breach of obligation.

8. A suit for declaration of legal character or rights is governed under:

A. Section 20
B. Section 34 ✅
C. Section 31
D. Section 26

Explanation:
Section 34 allows a person to approach the court for a declaration of any legal character or right to property when it is denied or disputed.

9. According to Section 20C, suits under this Act should be disposed of within:

A. 6 months
B. 2 years
C. 12 months ✅
D. 18 months

Explanation:
Section 20C, inserted in 2018, provides for the time-bound disposal of suits under this Act—within 12 months from the service of summons (extendable by 6 months max).

10. In which scenario can injunctions be refused as per Section 41?

A. When plaintiff has no personal interest
B. When breach is of a non-enforceable contract
C. When the suit delays infrastructure projects
D. All of the above ✅

Explanation:
Section 41 gives a detailed list of when injunctions must be refused, including: lack of interest, breach of non-enforceable contract, acquiescence, and interference with infrastructure projects (clause ha).

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