Specific Relief Act, 1963: Exception & Principle-Based MCQs (Q76–100)
Exception & Principle-Based MCQs (Q76–100) — crafted for conceptual clarity and legal reasoning. These test the “why” behind the law in the Specific Relief Act, 1963, and are ideal for Judicial Services aspirants.
⚖️ Exception & Principle-Based MCQs – Specific Relief Act, 1963 (Q76–100)
Q76. Why is specific performance not granted for contracts involving personal skill?
A) Because such contracts are illegal
B) Because courts cannot supervise them ✅
C) Because they are too expensive
D) Because they are voidable
✅ Answer: B
📘 Explanation: Section 14 excludes personal skill-based contracts as courts cannot supervise performance.
Q77. What is the guiding principle of Section 4 of the Act?
A) Criminal justice
B) Equitable remedies for civil rights ✅
C) Financial recovery
D) Specific damages
✅ Answer: B
📘 Explanation: Section 4 emphasizes that specific relief is to enforce civil rights, not criminal or penal remedies.
Q78. Why are determinable contracts not specifically enforceable?
A) They are not important
B) They are easily terminable ✅
C) They lack monetary value
D) They involve State interest
✅ Answer: B
📘 Explanation: Section 14 excludes determinable contracts as they can be ended at will, making enforcement meaningless.
Q79. Specific relief is a form of:
A) Penal remedy
B) Equitable remedy ✅
C) Contractual breach remedy
D) Statutory penalty
✅ Answer: B
📘 Explanation: Specific relief is discretionary/equitable in nature, granted only when damages aren’t adequate.
Q80. Why can a person without ownership still file a suit under Section 6?
A) Ownership is not required ✅
B) Because the government allows it
C) Title is irrelevant in law
D) Only tenants can do that
✅ Answer: A
📘 Explanation: Section 6 protects lawful possession, not ownership. Unlawful dispossession is the key trigger.
Q81. Why does Section 12 restrict part performance enforcement?
A) To avoid unnecessary suits
B) To prevent hardship to the other party ✅
C) To favour landlords
D) To avoid constitutional questions
✅ Answer: B
📘 Explanation: Part performance is only allowed when the remaining part is minor or severable, to avoid unfairness.
Q82. The principle behind refusal of injunction in Section 41 is:
A) Maximize litigation
B) Avoid judicial overreach and conflicts ✅
C) Promote new precedents
D) Increase litigation cost
✅ Answer: B
📘 Explanation: Injunctions are refused to prevent interference with parallel proceedings, criminal matters, or public interest.
Q83. Section 23 allows specific performance even if contract names a penalty. Why?
A) Because penalties are always invalid
B) Because naming a sum doesn't negate enforceability ✅
C) Because money is easier to collect
D) Because penalties are preferred
✅ Answer: B
📘 Explanation: Courts can enforce the contract if the penalty is to secure performance, not as a substitute for it.
Q84. When can a declaration under Section 34 be refused?
A) If the right is disputed
B) If further relief is possible but not sought ✅
C) If the document is registered
D) If the plaintiff is a minor
✅ Answer: B
📘 Explanation: Courts must refuse declaration if plaintiff could have sought further relief but didn’t.
Q85. Mandatory injunctions are granted when:
A) Defendant is poor
B) Preventing breach needs active action ✅
C) Only property is involved
D) The contract is registered
✅ Answer: B
📘 Explanation: Section 39 allows mandatory injunctions when performance of certain acts is necessary to stop a breach.
Q86. The refusal to grant relief to a defaulting plaintiff is based on:
A) Equality principle
B) Clean hands doctrine ✅
C) Economic hardship
D) Statutory restrictions
✅ Answer: B
📘 Explanation: Relief is denied to those who violate their own obligations under the “he who seeks equity must do equity” principle.
Q87. Negative covenants are enforceable even if positive ones aren't because:
A) They are easier to enforce ✅
B) They are always legal
C) They are oral
D) They are never disputed
✅ Answer: A
📘 Explanation: Section 42 allows enforcement of negative obligations since they only require refraining from an act.
Q88. Section 16 requires proving readiness and willingness to perform because:
A) It's a procedural formality
B) It shows bona fide intention ✅
C) It avoids fraud
D) It’s only for money contracts
✅ Answer: B
📘 Explanation: The requirement reflects the principle that only sincere parties can claim equitable relief.
Q89. Can a contract be rectified if one party is mistaken?
A) No
B) Only if the other party agrees
C) No, only mutual mistake qualifies ✅
D) Yes, always
✅ Answer: C
📘 Explanation: Section 26 allows rectification only in case of mutual mistake or fraud, not unilateral error.
Q90. When does equity require a party to return benefit on cancellation of a contract?
A) Never
B) When benefit was earned
C) When cancellation is granted ✅
D) Only if court directs
✅ Answer: C
📘 Explanation: Section 30 mandates restoring benefit if rescission or cancellation of a contract is granted.
Q91. A suit for recovery under Section 6 cannot lie against the Government because:
A) Government is above law
B) Possession is protected only from private dispossession ✅
C) Law favours government
D) Government owns all land
✅ Answer: B
📘 Explanation: Section 6(2)(b) expressly bars suits against the Government, as public dispossession follows different remedies.
Q92. The concept of “substituted performance” reflects which legal doctrine?
A) Novation
B) Mitigation of damages ✅
C) Judicial review
D) In pari delicto
✅ Answer: B
📘 Explanation: Substituted performance is based on the idea that the non-breaching party must mitigate loss.
Q93. What is the rationale behind bar on multiple remedies under Section 24?
A) To reduce burden on courts ✅
B) To favour defendants
C) To punish frivolous litigation
D) To limit fraud
✅ Answer: A
📘 Explanation: Section 24 avoids repetitive litigation by barring a claim for compensation after denial of specific performance.
Q94. Injunction cannot be granted in nuisance unless:
A) The act is violent
B) It is a criminal offence
C) It is reasonably clear that the act is a nuisance ✅
D) Complaint is filed
✅ Answer: C
📘 Explanation: Section 41(f) states that it must be reasonably clear that the act amounts to a nuisance for injunction to be granted.
Q95. When is a variation in written contract acceptable for specific performance?
A) Always
B) If written down
C) If due to fraud, mutual mistake, or later agreement ✅
D) Never
✅ Answer: C
📘 Explanation: Section 18 allows specific performance with variation only under listed conditions like mistake or fraud.
Q96. Why is an injunction refused if equally efficacious remedy exists?
A) Injunction is more expensive
B) Equity avoids unnecessary intervention ✅
C) Courts prefer criminal remedies
D) Injunction is time-consuming
✅ Answer: B
📘 Explanation: Equity intervenes only when no adequate legal remedy exists.
Q97. What happens when a party enforces substituted performance?
A) He can still get specific performance
B) He loses right to specific performance ✅
C) He can claim double costs
D) He can file for injunction
✅ Answer: B
📘 Explanation: Section 20(3) prohibits specific performance once substituted performance has been undertaken.
Q98. Is willingness to perform alone sufficient under Section 16?
A) Yes
B) No, performance must also be proven ✅
C) Yes, for monetary contracts
D) Only if defendant agrees
✅ Answer: B
📘 Explanation: Plaintiff must prove both readiness and willingness to perform.
Q99. Court may modify a contract and then enforce it under:
A) Section 11
B) Section 12
C) Section 18 ✅
D) Section 42
✅ Answer: C
📘 Explanation: Section 18 allows court to enforce a contract with variation, in limited situations.
Q100. The guiding principle behind cancellation of an instrument is:
A) To punish the party
B) To prevent injury from void or voidable document ✅
C) To secure revenue
D) To enforce succession
✅ Answer: B
📘 Explanation: Section 31 enables cancellation when keeping the document would cause injury.
Comments
Post a Comment