SRA One Liner Notest

THE SPECIFIC RELIEF ACT, 1963
What is the ACT No. of The Specific Relief Act, 1963?	ACT NO. 47 OF 1963
What is the short title of the Specific Relief Act, 1963?	Specific Relief Act, 1963
According to Section 1 of the SRA, what is the scope of the Act?	It deals with specific remedies like specific performance, injunctions, etc.
What is the primary objective of the Specific Relief Act?	To provide specific remedies for certain civil wrongs.
What is the territorial extent of the Specific Relief Act, 1963?	the whole of India
On which date the Specific Relief Act, 1963 came into force?	1st March, 1964
What does Section 1 of the Specific Relief Act, 1963 provide?	Short title, extent and commencement
In which year the Specific Relief Act, 1963 was enacted?	1963
The Specific Relief Act, 1963 repealed which earlier Act?	Specific Relief Act, 1877
The Specific Relief Act, 1963 is primarily based on the principles of?	Common Law and Equity
Which provision deal with “Definitions” clause?	Sec 2
Which provision defines the term “obligation”?	Sec 2(a)
What does the term “obligation” include?	every duty enforceable by law
In which of the following cases did the court observe that "specific performance is an equitable relief based on the existence of a legal obligation"?	K.S. Vidyanadam v. Vairavan (1997)
Which provision defines the term “settlement”?	Sec 2(b)
What does the term “settlement” include?	An instrument whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of.
Whether the term “settlement” includes ‘a will or codicil’?	No
What is the primary purpose of defining "settlement" in Section 2(b) of the SRA?	To outline the process for transferring property to different parties with agreed-upon interests.
According to Section 2(b) of the SRA, what does the delivery of property refer to?	The transfer of possession of property to the designated beneficiaries.
How the term “settlement” describes in simpler language?	The delivery of property to successive interests according to a prior agreement.
Which provision defines the term “trust”?	Sec 2(c)
The expression "trust" in Section 2(C) of the Specific Relief Act refers to:	Both express and constructive trusts
Which provision defines the term “trustee”?	Sec 2(d)
What does the term “trustee” include?	every person holding property in trust
If a term is not defined in the Specific Relief Act, 1963, but defined in the Indian Contract Act, 1872, then as per Section 2(e), which definition is applicable?	The definition in the Indian Contract Act
Which case emphasized the importance of definitions under the Indian Contract Act while interpreting the Specific Relief Act?	Kailash Nath Associates v. DDA, (2015) 4 SCC 136
Which provision deal with “savings”?	Sec 3
What is the effect of Section 3 of the Specific Relief Act, 1963?	To Preserve remedies outside the Act
Which section of SRA states that the provisions of the Act are Additional and not exhaustive?	Sec 3
Which statement best reflects the principle under Section 3?	The Specific Relief Act supplements but does not displace other legal remedies.
Which doctrine is reflected in Section 3?	Doctrine of saving of existing rights
Which remedies are protected under Section 3?	remedies available under Any other law for the time being in force
In which landmark case was it held that equitable remedies are supplementary, not exclusionary under the Indian law?	Gujarat Bottling Co. Ltd. v. Coca Cola Co.
Section 3 ensures that remedies under the Specific Relief Act are	Optional and supplementary
What does the Supreme Court emphasized in Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh?	Equitable remedies can be enforced by courts independently of the Act
Which provision deal with “Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws”?	Sec 4
What can be enforced under Section 4 of the Specific Relief Act, 1963?	§ Civil rights § Private contractual obligations § Specific performance of a contract
What is the object of section 4 of Specific Relief Act, 1963?	Enforce civil rights through specific remedies
In which case it was held that specific relief is for civil rights and not for penal law enforcement?	Gopalakrishna v. Sankaralingam
Specific relief acts as a supplement to	General Law of Contracts
Under Section 4, enforcement of which type of rights is included?	§ Individual civil right § Equitable right § Statutory civil rights
Which case stated that the Specific Relief Act does not create rights but only enforces existing rights?	Ganga Retreat & Towers Ltd. v. State of Rajasthan
Which provision deal with “Recovery of specific immovable property”?	Sec 5
How a person entitled to possession of specific immovable property may recover it under Section 5 of the Specific Relief Act, 1963?	By filing a suit according to the procedure prescribed by law
On which principle Section 5 of the Specific Relief Act is based?	Ownership rights
Which remedy is available under Section 5?	Recovery of possession
What does the phrase “entitled to possession” under Section 5 refer?	Lawful possession based on ownership or any enforceable right
In which case did the Court hold that the rightful owner can recover possession even from a trespasser without proving title, if he had possession previously?	Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131
Which doctrine was emphasized by Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao?	Doctrine of Possession Protection
Against whom the remedy under Section 5 is enforceable?	Only against trespassers and persons without title
Under Section 5 of the Specific Relief Act, 1963, a person entitled to possession of specific immovable property may recover it?	By a suit in the manner prescribed by the Code of Civil Procedure, 1908
Section 5 provides for recovery based on	Prior possession and title both
Whether the plaintiff must necessarily prove actual possession under section 5 of SRA?	No
What is true about Section 5 of Specific Relief Act?	§ The plaintiff must prove entitlement to possession § The plaintiff can file a civil suit under CPC § Section 5 is a substantive right
From whom Section 5 allows recovery of possession?	By owners and those having an enforceable right to possession
Whether the Right to possession can be enforced even without ownership, if otherwise entitled?	Yes
"Possession is protected under Section 5" is based on which principle of law?	Protection of peaceful possession
Section 5 applies to the recovery of which type of property?	Immovable property
On which common law principle Section 5 is based?	Ubi jus ibi remedium
In a suit under Section 5, what is primarily required to be proved by the plaintiff?	Better title to possession than the defendant
Which case emphasized that rightful possession is sufficient to seek recovery under Section 5, irrespective of ownership?	Lallu Yeshwant Singh v. Rao Jagdish Singh
Section 5 must be read with which provision of the Code of Civil Procedure, 1908?	Order 21 Rules 35 and 36
Can a licensee recover possession under Section 5 if wrongfully dispossessed by the licensor?	Only if the license is coupled with interest
Which provision deal with “Suit by person dispossessed of immovable property”?	Sec 6
Under Section 6 of the Specific Relief Act, a person who is dispossessed of immovable property may	File a suit for possession even without title
What is the limitation period to file a suit under Section 6?	6 months from the date of dispossession
How dispossession must take place under Section 6?	By force without authority of law
What protect under Section 6 of the Specific Relief Act?	Possession only
Which landmark case held that "a person in possession cannot be dispossessed forcibly even by the true owner without recourse to law"?	Rame Gowda v. M. Varadappa Naidu
What are the requirements to bring a suit under Section 6?	§ Plaintiff must be in possession § Plaintiff must be dispossessed without due course of law § Suit must be filed within limitation period
Against whom a suit under Section 6 can be filed?	Either private person or government
Which famous case states that even a trespasser in possession is protected under Section 6?	Krishna Ram Mahale v. Shobha Venkat Rao
In which case did the Supreme Court hold that even an unlawful possessor cannot be dispossessed forcibly?	Krishna Ram Mahale v. Shobha Venkat Rao
Which case laid down that possession is protected even against the rightful owner if possession is taken unlawfully?	Lallu Yeshwant Singh v. Rao Jagdish Singh
When under Section 6, a suit for possession cannot be filed?	§ Possession was voluntarily surrendered § Possession was lawfully taken under a court order
Which statement is true regarding Section 6?	Possession even without ownership is protected
On which maxim Section 6 is based?	“Possessio contra omnes valet praeter eur cui ius sit possessionis”
What is the meaning of the maxim “Possessio contra omnes valet praeter eur cui ius sit possessionis”?	"Possession is good against all, except against him who has a right to possession." i.e., He who has possession has right against everyone save him who has the exact right
Which provision of SRA deals with If a person in possession is forcibly evicted without his consent by a private individual, the remedy lies?	Section 6
In case of dispute between two trespassers regarding possession, under Section 6	Law will help the person with older possession
When can a person who has been dispossessed forcibly file a suit under Section 6?	§ He has no title to the property § He has defective title § He is a mere trespasser
Can a licensee file a suit under Section 6 if unlawfully dispossessed?	Yes, a licensee in possession can also sue
To which type of property Section 6 apply?	Immovable property only
Can a suit be filed under Section 6 of the Specific Relief Act against the Government?	No
Whether Section 6(4) of the Specific Relief Act, 1963 does bar a person from suing to establish their title to the property and recover possession of it?	No
What is the effect of Section 6(3) of the Specific Relief Act?	No appeal or review shall lie from an order or decree passed in a suit instituted under Section 6.
What remedy is available to a tenant without written agreement is dispossessed by landlord forcibly?	Tenant can file a suit under Section 6.
Which provision deal with “Recovery of specific movable property”?	Sec 7
Under Section 7 of the Specific Relief Act, 1963, who is entitled to recover possession of a specific movable property?	Any person entitled to its possession
To whom the remedy under Section 7 is available?	Bailees, pawnees, and licensees who are entitled to possession
In which case it was held that a bailee can sue to recover specific movable property even against the true owner?	Official Assignee, Madras v. Sampath Naidu
In which case the principle was upheld that the "Possession is protected even against ownership unless the owner has a better right to immediate possession"?	Armory v. Delamirie
On what right the Recovery under Section 7 is based?	Right to possession
Under Section 7, the term "specific movable property" refers?	Any movable property that can be identified and distinguished
Which examples states about recovery of specific movable property?	§ Even a thief can recover possession against a person who wrongfully detains it § Possession itself may suffice to claim recovery § A bailee can sue third parties for recovery
Which case held that a person having mere custody cannot sue for recovery under Section 7?	Murarka Paints and Varnish Works Ltd. v. Union of India
What is the essential element to recover under Section 7?	Demonstrating lawful entitlement to possess the specific movable
Which remedy is provided under Section 7?	Substantive right
To which type of property Section 7 apply?	Only movable property
Which case clarified that a mere agent without interest cannot sue under Section 7?	Pramatha Nath v. Pradyumna Kumar
Is proof of ownership necessary for recovering specific movable property under Section 7?	No, only proof of lawful possession is required
To what the "Specific movable property" under Section 7 refers?	Movable goods capable of being specifically identified and delivered
Which is a necessary condition for a suit under Section 7?	Proof of entitlement to possession
Under Section 7, in case of goods wrongfully detained, the plaintiff can claim?	Both return of goods or compensation in alternative
On whom the burden of proof lies in a recovery suit under Section 7?	Plaintiff to prove entitlement
A person having special or temporary right to possession of goods can	Recover them under Section 7
Whether the remedy is extinguished under Section 7 in case the specific movable property is destroyed or lost?	Yes
Which provision deal with “Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession”?	Sec 8
Who can claim the relief under Section 8 of the Specific Relief Act, 1963?	Any person entitled to immediate possession
When does Section 8 apply?	Person in possession is bound to deliver possession
In which landmark case did the court hold that a person entitled to possession can sue for specific delivery even if he is not the owner?	Krishna Ram Mahale v. Shobha Venkat Rao
What is the essential requirement under Section 8 for granting relief?	The person must be entitled to immediate possession
Which type of property is dealt by Section 8 of the Specific Relief Act, 1963?	Movable property only
What is not a condition to invoke Section 8?	The defendant has already transferred the goods
Which case explained that under Section 8, even a bailee can be compelled to deliver goods to the true owner?	K.K. Verma v. Union of India
In an action under Section 8, the focus is on	Mere possession and right to immediate possession
What is the nature of remedy under Section 8?	Specific and mandatory
In which cases Section 8 can also be invoked?	§ The possession is illegal § The ownership is not in question
Under Section 8, the possession must be	Legal or illegal, but capable of immediate restitution
What is true regarding Section 8?	§ Title of the plaintiff is immaterial § Defendant must have control over the property § Property must be specifically identifiable
When is recovery of specific movable property under Section 8 particularly relevant?	§ the thing claimed is held by the defendant as the agent or trustee of the plaintiff § compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed § it would be extremely difficult to ascertain the actual damage caused by its loss § the possession of the thing claimed has been wrongfully transferred from the plaintiff
Which provision deal with “Defences respecting suits for relief based on contract”?	Sec 9
What does Section 9 of the Specific Relief Act, 1963 states?	A defendant in a contract suit cannot take any defence that is not available under the law.
Section 9 bars the use of what type of defence in a suit for specific relief based on contract?	Defences not available under the law of contracts
Which landmark case emphasized that Section 9 limits the defences in a specific relief suit to those recognized under contract law?	Sundarachari v. Krishnaswami Iyengar
Section 9 applies to suits based on	Contractual liability
Which case law discusses the necessity of applying contract law principles to defences under Section 9?	P.R. Deb and Associates v. Sunanda Banerjee
Which provision deal with “Specific performance in respect of contracts”?	Sec 10
What is the nature of specific performance under Section 10 After the 2018 amendment?	Mandatory subject to certain exceptions
What does the 2018 amendment mainly emphasizes to Section 10?	Right to specific performance subject to exceptions
What is the grant of specific performance under Section 10 before the 2018 amendment?	Discretionary
The principle that "Specific performance is the rule and damages are the exception" was strengthened after:	The 2018 amendment to Specific Relief Act
Specific performance is compulsory unless barred by which sections?	§ sub-section (2) of section 11 § Sections 14 § Sections 16
Which provision deal with “Cases in which specific performance of contracts connected with trusts enforceable”?	Sec 11
What are the requirements for specific performance under Section 11?	§ There must be a valid contract § The contract must be in connection with a trust § The plaintiff must have clean hands
In which leading case was it held that a trustee must strictly perform his duties and can be compelled through specific performance?	Ardeshir Mama v. Flora Sassoon
The principle behind Section 11 is closely connected to	Doctrine of fiduciary duty
Whether can a contract made by a trustee in excess of his powers or in breach of trust specifically enforced?	No
Which provision deal with “Specific performance of part of contract”?	Sec 12
Under Section 12(1) of the Specific Relief Act, 1963, can a party generally enforce specific performance of a part of a contract?	No
In which situation can specific performance of a part of the contract be allowed under Section 12(2)?	§ When a part which cannot be performed is small and admit compensable in money § When the entire contract is divisible § When the plaintiff is ready to pay compensation for the unperformed part
Which landmark case clarified the principle that specific performance cannot ordinarily be granted for part of a contract?	Ardeshir H Mama v. Flora Sassoon (AIR 1928 PC 208)
Section 12(3) deals with which type of situation?	When the unperformed part is substantial and monetary compensation cannot be adequate
Which sub-section of Section 12 allows for specific performance when a part of the contract, not performed, admits of compensation in money?	Section 12(2)
In case of a divisible contract where part can be performed independently, what relief may be granted?	Specific performance of the performable part
In Surjit Kaur v. Naurata Singh, it was held that:	If the unperformed part is small and can be compensated, specific performance may be decreed
When does Section 12(4) apply?	The part which remains unperformed is not severable from the part which can be performed
In Kammana Sambamurthy v. Kalipatnam Venkata Subbaiah, the court emphasized that:	No specific performance if substantial unperformance exists
When the court decrees specific performance for a part of the contract, it can also	Order damages in addition
Under Section 12, who has the burden to prove that the unperformed part is minor and compensable?	Plaintiff
Which doctrine is best describes the provision of Section 12?	Doctrine of Severability
Section 12 is an exception to the general rule under which contract law principle?	Entire contract must be performed
As per Section 12(1), a contract cannot be specifically enforced partially except in cases provided in	Section 12(2), 12(3), and 12(4)
What can a court do under Section 12(2), if the part left unperformed bears only a small portion in value and admits of compensation in money?	§ Grant specific performance § Order payment of money as compensation
Which provision deal with when a party suing for specific performance is willing to pay the consideration for the part he cannot obtain?	Section 12(3)
Which landmark case laid down that specific performance of part of contract is an exception, not a rule?	Ardeshir H. Mama v. Flora Sassoon
What does the Supreme Court held in the case of R.C. Chandiok v. Chuni Lal Sabharwal (1970 AIR 1518)?	Substantial compliance with the contract suffices
If a contract is partly illegal and partly legal, specific performance can be granted for?	Only legal part
Under Section 12(4), if the plaintiff is unable to perform the whole contract due to his own fault, can he seek specific performance of the remaining part?	No
In which case the Supreme Court observed that where the vendor cannot convey the entire property, the vendee can claim proportionate performance?	Motilal v. Nanhelal
According to Section 12(4), when a contract consists of distinct parts and a party fails to perform an essential part, can specific performance of remaining part be ordered?	No
Which provision deal with “Rights of purchaser or lessee against person with no title or imperfect title”?	Sec 13
In what cases Section 13 of the Specific Relief Act, 1963 applies?	§ Where the seller has no title but can procure it § Where the seller is a co-owner § Where the property is mortgaged
What are the grounds under Section 13 for enforcing specific performance?	§ Seller has no title at the date of contract § Seller has only an undivided share § Seller subsequently acquires an interest in the property
In what situations can specific performance be enforced under Section 13?	§ Vendor has only life interest § Vendor subsequently acquires full title § Vendor is one of several co-owners
Which case law discussed the principle that if a person enters into a contract with no title and subsequently acquires it, the buyer may compel performance?	Motilal v. Nanhelal
According to Section 13, if a seller or lessor has no title or only an imperfect title at the time of the contract, and subsequently acquires a good title, what right does the purchaser or lessee have?	The right to seek specific performance of the contract.
What is the primary purpose of Section 13 in the Specific Relief Act, 1963?	To protect the rights of the purchaser or lessee in cases of defective title.
What is the effect of a person entering into a contract for sale without title but later acquiring it?	The purchaser can compel performance
Under Section 13 of the SRA, what is the principle governing specific performance when a seller's title is defective?	The court has discretion to direct specific performance, considering the nature and extent of the defect.
In a case where a seller cannot transfer a complete title to the property due to a minor defect, What is true regarding the application of Section 13?	The court can direct specific performance if the defect is small and can be compensated in money.
According to Section 13, when can the court direct specific performance of a contract despite a defective title?	Only if the defect is small and can be compensated in money.
Which provision deal with “Contracts not specifically enforceable”?	Sec 14
According to Section 14(a) which contracts cannot be specifically enforced?	where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20
According to Section 14(b) which contracts cannot be specifically enforced?	a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise
According to Section 14(c) which contracts cannot be specifically enforced?	a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
According to Section 14(d) which contracts cannot be specifically enforced?	a contract which is in its nature determinable
In Indian Oil Corporation v. Amritsar Gas Service, the Supreme Court held that:	Determinable contracts cannot be specifically enforced
Which provision deal with “Power of court to engage experts”?	Sec 14A
Under Section 14A of the Specific Relief Act, 1963, who bears the cost of an expert appointed by the court?	The court may direct either party or both to bear the cost
Section 14A was inserted in the Specific Relief Act through which amendment?	Amendment Act, 2018
What is true regarding the expert’s role under Section 14A?	The expert assists the court but the final decision rests with the judge
Under Section 14A, the report of the expert:	Can be examined in court and parties may cross-examine the expert
What is the primary objective behind inserting Section 14A into the Specific Relief Act?	To assist courts in complex scientific or technical disputes
Can the court summon the expert for oral examination as per Section 14A?	Yes, the court may direct oral examination
The report of an expert under Section 14A is considered:	As advisory in nature
Which provision deal with “Who may obtain specific performance”?	Sec 15
Under Section 15(a) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	any party thereto
Under Section 15(b) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	the representative in interest or the principal, of any party thereto
Under Section 15(c) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	where the contract is § a settlement on marriage, or § a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder
Under Section 15(d) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	where the contract has been entered into by a tenant for life in due exercise of a power, the remainder man
Under Section 15(e) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	a reversioner in possession
Under Section 15(f) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	a reversioner in remainder
Under Section 15(fa) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation
Under Section 15(g) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation
Under Section 15(h) of the Specific Relief Act, 1963, who can claim specific performance of a contract?	when the promoters of a company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company
Which provision deal with “Personal bars to relief”?	Sec 16
Under Section 16(a) of the Specific Relief Act, 1963, in whose favour the Specific performance of a contract cannot be enforced?	who has obtained substituted performance of contract under section 20
Under Section 16(b) of the Specific Relief Act, 1963, in whose favour the Specific performance of a contract cannot be enforced?	who has § become incapable of performing, or § violates any essential term of, the contract that on his part remains to be performed, or § acts in fraud of the contract, or § wilfully acts at variance with, or § in subversion of, the relation intended to be established by the contract
Under Section 16(c) of the Specific Relief Act, 1963, in whose favour the Specific performance of a contract cannot be enforced?	who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract
According to Section 16(c), what is the consequence if a plaintiff fails to prove his readiness and willingness to perform the contract?	He is personally barred from seeking specific performance
What is true regarding the requirement of “readiness and willingness” under Section 16(c)?	Readiness and willingness must be proved throughout from the date of contract till the hearing
What does "ready" mean under Section 16(c)?	Financially and legally in a position to perform the contract
Section 16 is based on which equitable maxims?	"He who seeks equity must do equity"
A plaintiff in a suit for specific performance pleads he was ready to perform, but cross-examination shows he had no funds. He also did not issue any legal notice. Can he succeed?	No, as he failed to prove readiness and willingness
Which provision deal with “Contract to sell or let property by one who has no title, not specifically enforceable”?	Sec 17
Under Section 17 of the Specific Relief Act, 1963, a person cannot seek specific performance of a contract to sell or let immovable property if:	He has no title and cannot give title at the time of enforcement
Section 17 applies to –	§ Movable property § Immovable property
Which provision deal with “Non-enforcement except with variation”?	Sec 18
Under Section 18 of the Specific Relief Act, 1963, a plaintiff can claim specific performance with variation in what circumstances?	§ Where the written contract does not express the real agreement § Where the defendant fraudulently misrepresents the terms § Where there is a mutual mistake of fact
In which case did the court observe that specific performance may be granted with variation if the written contract fails to express the real intention due to fraud or mistake?	S.V. Sankaralinga Nadar v. P.T.S. Ratnaswami Nadar
Under Section 18, which party may seek enforcement of the contract with variation?	Any party to the contract
What is true about specific performance under Section 18?	A contract may be enforced with variation where fraud, mistake or misrepresentation has occurred
Specific performance with variation under Section 18 can be granted only if the plaintiff?	Is willing to perform the contract as actually agreed upon
Section 18 of the Specific Relief Act is based on the principle that?	Equity allows enforcement according to the real intention
What are the grounds for seeking specific performance with variation under Section 18?	§ fraud, mistake of fact or mis-representation § the object of contract as framed is not calculated to produce § the parties varied its terms
Which provision deal with “Relief against parties and persons claiming under them by subsequent title”?	Sec 19
Against whom the specific performance of a contract may be enforced under Section 19(a) of the Specific Relief Act, 1963?	either party thereto
Against whom the specific performance of a contract may be enforced under Section 19(b) of the Specific Relief Act, 1963?	any other person claiming under him by a title arising subsequently to the contract
Whether the specific performance of a contract may be enforced against the transferee for value who has paid his money in good faith and without notice of the original contract?	No
Against whom the specific performance of a contract may be enforced under Section 19(c) of the Specific Relief Act, 1963?	any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant
Against whom the specific performance of a contract may be enforced under Section 19(ca) of the Specific Relief Act, 1963?	limited liability partnership has entered into a contract and the new limited liability partnership which arises out of the amalgamation
Against whom the specific performance of a contract may be enforced under Section 19(d) of the Specific Relief Act, 1963?	a company has entered into a contract and the new company which arises out of the amalgamation
Against whom the specific performance of a contract may be enforced under Section 19(e) of the Specific Relief Act, 1963?	promoters of a company
A transferee for value who has paid money in good faith and without notice of the original contract:	Cannot be compelled to specifically perform the contract (A bona fide purchaser for value without notice is protected under Section 19(b))
In which case did the Supreme Court hold that a bona fide purchaser without notice is protected under Section 19(b)?	Durga Prasad v. Deep Chand, AIR 1954 SC 75
Which provision deal with “Substituted performance of contract”?	Sec 20
Substituted performance as per Section 20 was introduced by which amendment?	Specific Relief (Amendment) Act, 2018
What best describes 'substituted performance' under Section 20 of the Specific Relief Act, 1963?	The aggrieved party gets the contract performed by a third party at the defaulting party’s cost
Before opting for substituted performance under Section 20, the aggrieved party must first:	Serve a notice of not less than 30 days to the defaulting party
Once substituted performance is done under Section 20, the aggrieved party:	Can claim damages and specific performance
What is true about substituted performance under Section 20?	§ It is an alternative to specific performance § It can be done through a third party § Notice of 30 days is mandatory
What will be the consequences where the party suffering breach of contract has got the contract performed through a third party or by his own agency after giving notice?	He shall not be entitled to claim relief of specific performance against the party in breach.
The provision of substituted performance is aimed to:	Reduce the need for judicial enforcement
What happens if the *aggrieved party does not* issue 30-day notice** before substituted performance?	Substituted performance becomes invalid
Section 20(1) allows substituted performance if the contract is:	Breached by one party
What will the consequences if a party breaches a contract, and the aggrieved party opts for substituted performance under Section 20?	The aggrieved party can recover all expenses and costs incurred in having the contract performed, whether by a third party or their own agency.
Which provision deal with “Special provisions for contract relating to infrastructure project”?	Sec 20A
Section 20A of the Specific Relief Act, 1963, prohibits courts from granting remedies in a contract relating to an infrastructure project?	Section 20A bars the grant of injunctions
What is a primary objective of inserting Section 20A into the Specific Relief Act through the 2018 Amendment?	To promote ease of doing business and prevent delay in infrastructure projects
Section 20A applies to which type of projects?	Contracts notified as infrastructure projects by the government
What is the impact of Section 20A on public interest litigation (PIL) seeking to halt infrastructure work?	Courts must evaluate whether relief sought would delay infrastructure
What is the role of the Central Government in enforcing Section 20A?	It notifies projects as infrastructure projects
Whether injunction shall be granted by a court in a suit under SRA involving a contract relating to an infrastructure project where granting injunction would cause impediment or delay in the progress or completion of such infrastructure project?	No
Which provision deal with “Special Courts”?	Sec 20B
Who shall designate one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to try a suit under SRA in respect of contracts relating to infrastructure projects?	The State Government, in consultation with the Chief Justice of the High Court
What is the main objective behind the insertion of Section 20B in the Specific Relief Act?	To expedite the adjudication of specific relief suits
Section 20B was introduced by which Amendment to the Specific Relief Act?	The Specific Relief (Amendment) Act, 2018
The designation of Special Courts under Section 20B is meant for:	Suits specifically under the Specific Relief Act
In which case did the court emphasize the need for speedy disposal of specific performance suits, aligning with the objectives of Section 20B?	K. Sailaja v. D. Sarla Devi (2020)
Which provision deal with “Expeditious disposal of suits”?	Sec 20C
What is the statutory time limit for the disposal of a suit under Chapter II of the Specific Relief Act, 1963 as per Section 20C?	12 months from the service of summons on the defendant
Section 20C of the Specific Relief Act was inserted by which Amendment Act?	The Specific Relief (Amendment) Act, 2018
The purpose of introducing Section 20C in the Specific Relief Act is primarily to:	Ensure timely disposal of suits related to specific performance
What condition must be fulfilled by the court to extend the period for disposal under Section 20C?	Recording reasons in writing
In which case did the Supreme Court emphasize the objective of speedy trial in civil matters post the 2018 Amendment to the Specific Relief Act?	Rameshwar Sahu v. Union of India, AIR 2020 SC 503
True or False: Section 20C of the Specific Relief Act allows the court to extend the 12-month time limit for disposal of the suit without any justification?	False
Section 20C is part of which chapter of the Specific Relief Act?	Chapter II – Specific Performance of Contracts
The provision under Section 20C is:	Mandatory with discretionary extension
In which recent case did the Delhi High Court underline the binding nature of Section 20C on trial courts for timely disposal?	M/s Bansal Construction v. State of Delhi (2023)
Which provision deal with “Power to award compensation in certain cases”?	Sec 21
When compensation can be awarded under Section 21 of the Specific Relief Act, 1963?	In addition to specific performance
When compensation under Section 21 must be claimed?	In the plaint itself
What is correct about Section 21 of the Specific Relief Act?	§ It allows compensation in addition to specific performance. § The court cannot award compensation if it is not claimed. § The principles of the Indian Contract Act apply to determination of compensation.
Which provisions of the Indian Contract Act is relevant for determining compensation under Section 21?	Section 73 of the Indian Contract Act
If a decree for specific performance is silent on compensation despite it being claimed, the plaintiff:	Can apply for amendment of the decree
Section 21 of the Specific Relief Act is:	Discretionary and equitable
When does compensation under Section 21 awarded?	May be awarded at court's discretion if claimed properly
Whether the circumstances that the contract has become incapable of specific performance preclude the court from exercising the jurisdiction conferred by section 21 of SRA?	NO
When does the compensation shall be awarded under section 21 of SRA?	unless the plaintiff has claimed such compensation in his plaint
What will be the consequences if the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach?	Court shall award him such compensation accordingly
What will be the consequences if the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff?	Court shall award him such compensation accordingly
Which provision deal with “Power to grant relief for possession, partition, refund of earnest money, etc”?	Sec 22
Under Section 22 of the Specific Relief Act, 1963, which reliefs may be claimed in a suit for specific performance of a contract?	§ Possession or partition of the property § Refund of earnest money
Relief under Section 22 of the Specific Relief Act must be:	Specifically claimed in the plaint
In which case did the court emphasize that relief under Section 22 must be specifically prayed for?	Vimaleshwar Nagappa Shet v. Noor Ahmed Shariff
At what stage of the proceeding the court allow plaintiff to amend the plaint?	at any stage of the proceeding
Whether the power of the court to grant relief under clause (b) of sub-section (1) of section 22 shall be prejudice to its powers to award compensation under section 21?	No
What can a person ask for relief if suing for the specific performance of a contract for the transfer of immovable property?	§ possession, or partition and separate possession, of the property, in addition to such performance § any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him
Which provision deal with “Liquidation of damages not a bar to specific performance”?	Sec 23
In which case did the Supreme Court hold that a mere clause for liquidated damages does not take away the right to specific performance?	Kantamani Venkata Subbamma v. G. Somaraju AIR 1965 SC
Specific performance may be granted under Section 23 even where:	The defaulting party offers to pay the liquidated damages
Under Section 23, the existence of a liquidated damages	Is not a bar to the remedy of specific performance
What is the main purpose of Section 23 of the Specific Relief Act, 1963?	To address the effect of liquidated damages on specific performance.
According to Section 23, when a contract contains a liquidated damages clause, what is the general rule regarding specific performance?	Specific performance is discretionary, and the court considers various factors.
What is a factor that a court would likely consider when deciding whether to grant specific performance despite a liquidated damages clause?	The nature of the breach.
Which provision deal with “Bar of suit for compensation for breach after dismissal of suit for specific performance”?	Sec 24
What is the rationale behind Section 24 of the Specific Relief Act, 1963?	To prevent the party from re-litigating the matter through a compensation claim after losing on specific performance.
In which case did the court uphold that once a suit for specific performance is dismissed, a subsequent suit for compensation is barred under Section 24?	K. Narendra v. Riviera Apartments (1999)
Section 24 applies in which situation?	Only when the suit is dismissed on merits
According to Section 24 of the Specific Relief Act, 1963, what is the effect of dismissal of a suit for specific performance on the plaintiff's right to claim compensation for breach?	The dismissal bars the plaintiff's right to sue for compensation, but not for other relief.
Which provision deal with “Application of preceding sections to certain awards and testamentary directions to execute settlements”?	Sec 25
Section 25 of the Specific Relief Act, 1963 applies to:	Awards to which the Arbitration Act does not apply
Which chapter of the Specific Relief Act is made applicable under Section 25?	Chapter II – Specific performance of contracts
What is the purpose of Section 25?	Enable enforcement of non-contractual directions akin to contracts
Which provision deal with “when instrument may be rectified”?	Sec 26
Which provision of the Specific Relief Act allows for the correction of written instruments that do not reflect the true intentions of the parties?	Sec 26
Who can initiate a suit for rectification of an instrument under Section 26?	Either party, or their representative in interest
Under Section 26, rectification of an instrument can be sought in what circumstances?	If there is fraud or mutual mistake by the parties
Whether an instrument under sec 26 of Specific Relief Act include the articles of association of a company to which the Companies Act, 1956 applies?	No
Which scenario would allow a court to rectify an instrument under Section 26 of the Specific Relief Act, 1963?	Where a written instrument doesn't accurately reflect the true intention of the parties due to a mutual mistake, allowing the court to rectify the instrument.
Is there any time limit for discovery of fraud or mutual mistake under Section 26 of the Specific Relief Act, 1963 for rectification of instruments on the ground of fraud or mutual mistake?	No time limit is fixed
According to Section 26, can a defendant in a suit where the instrument is in issue claim rectification?	Yes, the defendant can claim rectification in addition to any other defense
What is the primary reason for allowing rectification under Section 26?	To ensure that the instrument accurately reflects the parties' true intention
Whether the relief for the rectification of an instrument shall be granted to any party under Section 26 of the Specific Relief Act, 1963?	No, unless it has been specifically claimed.
Which provision deal with ‘when rescission may be adjudged or refused’?	Sec 27
When may a court decree rescission of a contract under Section 27?	Where the contract is voidable or terminable by the plaintiff.
If a contract is unlawful but the defendant is more at fault, can the court still decree rescission?	Yes, in such cases
Which situation would prevent a court from rescinding a contract?	Third parties have acquired rights under the contract in good faith, without notice and for value.
Which scenario would NOT be a valid ground for rescission under Section 27 of the Specific Relief Act?	The contract has been fully performed by both parties.
Which scenarios would be a valid ground for rescission under Section 27 of the Specific Relief Act?	§ The contract is voidable because of misrepresentation. § The contract is unlawful for causes not apparent on its face. § The defendant is more to blame than the plaintiff for the unlawful contract.
What is the meaning of "contract" as defined in Section 27, in the context of the Specific Relief Act?	For territories where the Transfer of Property Act does not extend i.e., means a contract in writing.
Which provision deal with ‘Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed’?	Sec 28
When does rescission of a contract is available under Section 28 of the Specific Relief Act?	A decree for specific performance has been granted and the purchaser/lessee defaults on payment.
Who can apply for rescission under Section 28?	Only the vendor or lessor.
Can a separate suit be filed for reliefs available under Section 28?	No, the application for rescission must be made in the same suit.
What can the court order if the contract is rescinded under Section 28?	Both restoration of possession and compensation.
What is a possible consequence of rescission under Section 28?	Restoration of possession to the vendor/lessor
What can the court order the defaulting buyer or lessee to do?	Pay rent or profits, refund deposits, and restore possession
In which type of suit can the vendor or lessor apply for rescission of the contract under Section 28 of the Specific Relief Act?	The same suit in which the decree for specific performance was made
Under Section 28 of the Specific Relief Act, 1963, a contract for the sale or lease of immovable property can be rescinded if:	The purchaser or lessee fails to pay the purchase money within the time allowed.
What is the effect of rescission of a contract under Section 28 of the Specific Relief Act?	The contract is terminated and the parties are released from their obligations.
Can the court order rescission of a contract under Section 28 of the Specific Relief Act if the purchaser or lessee has already taken possession of the property?	Yes, the court can order rescission and also require the purchaser or lessee to restore possession.
How the costs of any proceedings under Section 28 of the Specific Relief Act, be paid?	In the discretion of the court.
What further relief the court may award the purchaser or lessee if the purchase or lessee pays the purchase money which he is ordered to pay under the decree within the period specified?	§ the execution of a proper conveyance or lease by the vendor or lessor § the delivery of possession, or partition and separate possession, of the property on the execution of such conveyance or lease
Which provision deal with ‘Alternative prayer for rescission in suit for specific performance?	Sec 29
What is the purpose of Section 29 of the Specific Relief Act?	To provide for alternative relief when specific performance is not feasible
In a suit for specific performance, if the court finds the contract cannot be enforced, what alternative remedy can the plaintiff request under Section 29?	Rescission or cancellation of the contract.
Under Section 29 of the Specific Relief Act, in what circumstances can a court order the rescission of a contract?	When the contract cannot be specifically enforced, and the plaintiff requests it.
What is the key principle underlying Section 29 of the Specific Relief Act?	Providing flexibility in granting relief when specific performance is not possible.
Which provision deal with ‘Court may require parties rescinding to do equity’?	Sec 30
What is the purpose of Section 30 of the Specific Relief Act, 1963?	To provide guidelines for the court to restore equity after a contract is rescinded.
What is the primary objective of Section 30 of the Specific Relief Act?	To ensure fairness and prevent unjust enrichment when rescission is ordered.
According to Section 30 of the Specific Relief Act, when is a court likely to require compensation from the party seeking rescission?	When the court determines that justice requires compensation to be paid.
Which provision deal with ‘When cancellation may be ordered’?	Sec 31
Section 31 of Specific Relief Act in its application is	Based on protective or preventive justice
According to Section 31 of the Specific Relief Act, 1963, when can cancellation of an instrument be ordered?	When the instrument is either void or voidable.
What is the purpose of ordering the cancellation of a written instrument under Section 31?	To protect the party against whom the instrument is valid from potential harm.
According to Section 31 of the Specific Relief Act, who can sue for the cancellation of a written instrument?	Only the person against whom the instrument is void or voidable
What must a person seeking cancellation under Section 31 prove?	That they fear serious injury if the instrument is left outstanding
What happens if a registered instrument is ordered to be cancelled?	The court must notify the registering officer.
Which provision deal with ‘What instruments may be partially cancelled’?	Sec 32
When does the court cancel an instrument in part and allow it to stand for the residue?	Where an instrument is evidence of different rights or different obligations
Which provision deal with ‘Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable’?	Sec 33
Under Section 33 of the Specific Relief Act, when a court cancels an instrument, what power does it have regarding the party who received the relief?	It can order the party to restore benefits received and make compensation.
What is the purpose of Section 33 of the SRA?	To ensure fairness and prevent unjust enrichment after an instrument is cancelled or a suit is successfully resisted.
According to Section 33 of the Specific Relief Act, which situations would trigger the court's power to require restoration of benefits or compensation?	When an instrument is cancelled by the court.
Under Section 33 of the Specific Relief Act, 1963, when can a court require a plaintiff to restore benefits or make compensation?	When the instrument is cancelled or successfully resisted as void or voidable.
Under Section 33, what can the court order when an instrument is cancelled?	The restoration of benefits and The payment of compensation
What will be the consequences where a defendant resists a suit on the ground that the instrument sought to be enforced against him in the suit is voidable?	the court require him to restore, such benefit to that party or to make compensation for it.
What will be the consequences where a defendant resists a suit on the ground that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872?	the court require him to restore, such benefit to that party, to the extent to which he or his estate has benefited thereby.
Which provision deal with ‘Discretion of court as to declaration of status or right’?	Sec 34
What is the purpose of a declaratory decree under Section 34 of the Specific Relief Act?	To declare the legal status or right of a party without necessarily granting further relief.
What is the effect of a declaratory decree passed under Section 34 of the SRA?	The decree is binding only on the parties to the suit and the trustees, if any, at the time of the suit.
Can a suit for a mere declaration of title be filed under Section 34 of the SRA?	Yes, unless the plaintiff has the option of seeking more relief.
Under Section 34 of the Specific Relief Act, a declaration can be sought by	A person having a legal character or a right as to property which is denied
Can a court always issue a declaratory decree under Section 34?	No, the court has discretion.
Can a plaintiff omit to seek further relief if they are able to do so?	No, they must seek further relief if possible.
Which provision deal with ‘Effect of declaration’?	Sec 35
If a party to a suit is a trustee, a declaration under Section 35 is binding on:	The trustee and the beneficiaries of the trust
According to Section 35 of the Specific Relief Act, a declaration made is binding on:	§ Only the parties to the suit § Only those claiming through the parties to the suit § Only the persons for whom the parties are trustees
Which provision deal with ‘Preventive relief how granted’?	Sec 36
How ‘Preventive relief’ is granted by the court?	By granting injunctions
What is NOT a mode of granting preventive relief under the Specific Relief Act?	Monetary relief
What does the remedy of Preventive relief under Section 36 aimed at?	Preventing the violation of a right
What is the basic feature of Section 36 being introductory in nature?	Forms the base for Section 37 to 42
In which case did the Supreme Court emphasize that preventive relief can only be granted if legal remedies are insufficient?	Gujarat Bottling Co. Ltd. v. Coca Cola
Which judicial remedy is most closely associated with Section 36?	Injunction
What is the primary object of preventive relief?	Restrain a party from doing an act which would breach obligation
Whether the Preventive relief under Section 36 is always granted after the occurrence of a breach?	No
Whether Section 36 is an enabling provision that introduces the concept of preventive relief through injunctions?	Yes
Whether the Preventive relief enforces the performance of the contract?	No
Whether the Preventive relief is a form of judicial remedy?	Yes
Which case law is associated with principles governing injunctions under the Specific Relief Act?	Cotton Corporation of India v. United Industrial Bank Ltd.
Preventive relief under Section 36 can be claimed against:	Anticipated or continuing wrongs
The court’s discretion to grant an injunction is governed by:	Principles of equity, justice, and good conscience
In which case did the Supreme Court emphasize that injunction is a discretionary remedy based on equitable principles?	Dalpat Kumar v. Prahlad Singh And State of Orissa v. Madan Gopal Rungta
Which provision deal with “Temporary and perpetual injunctions”?	Sec 37
Why temporary injunction under Section 37 of the Specific Relief Act, 1963?	Granted to maintain status quo till disposal of suit
How a perpetual injunction is granted?	By a decree at the hearing and upon the merits of the suit
Which case deal with the grant of temporary injunction principles?	Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995)
Temporary injunctions under Section 37 are regulated by:	CPC Order 39 Rules 1 and 2
What are the conditions for grant of temporary injunction?	§ Prima facie case § Balance of convenience § Irreparable injury
In which landmark case did the Court lay down the "three essential conditions" for grant of interim injunction?	Dalpat Kumar v. Prahlad Singh (1992)
Perpetual Injunction is generally granted to:	Prevent breach of obligation existing in favor of plaintiff
What is the essential difference between temporary and perpetual injunction?	Stage at which it is granted
Which case law clarified that grant of injunction is a discretionary relief?	Cotton Corporation of India v. United Industrial Bank (1983)
When perpetual injunction is granted, it is through:	A final decree after hearing
What is the nature of relief granted by way of a perpetual injunction?	Preventive and final
The doctrine of "balance of convenience" requires the court to:	Consider comparative loss to both parties
When Injunction can be granted?	Breach of negative covenant is alleged
Which provision deal with “Perpetual injunction when granted”?	Sec 38
Why under Section 38 of the Specific Relief Act, 1963, a perpetual injunction may be granted?	To Prevent breach of an obligation existing in favor of the plaintiff
Which case is a leading authority on the grant of perpetual injunctions under Section 38?	M. Gurudas v. Rasaranjan [(2006) 8 SCC 367]
When under Section 38(3) (a), a perpetual injunction can be granted?	If the defendant invades or threatens to invade the plaintiff's right to property
When the Perpetual injunctions are usually granted?	The final disposal of the suit
In which situation is a perpetual injunction not generally granted under Section 38?	When compensation is an adequate remedy
In which situation is a perpetual injunction generally granted under Section 38?	§ When the invasion cannot be adequately compensated by money § When it is necessary to prevent multiplicity of judicial proceedings § When there is a continuous threat to property
What is true regarding perpetual injunctions under Section 38(3)?	They are preventive in nature to stop future violations
In which case a suit for perpetual injunction can be filed?	Where there is a mere apprehension of breach without actual damage
In which case did the court emphasize that perpetual injunction cannot be granted in matters where specific performance is sufficient?	Anathula Sudhakar v. P. Buchi Reddy [(2008) 4 SCC 594]
According to Section 38(3) (c), when is a perpetual injunction granted?	When compensation would not afford adequate relief
What is the nature of a perpetual injunction?	Prohibitory and final
Which principle applies to granting perpetual injunctions?	Plaintiff must show irreparable injury and inadequacy of legal remedy
Whether the perpetual injunction be granted in the absence of actual threat of invasion of right?	Should not be granted
Which judgment discusses the idea that where damages are an adequate remedy, injunction will generally not be granted?	Cotton Corporation of India v. United Industrial Bank [(1983) 4 SCC 625]
Which remedy is provided under Section 38?	§ Perpetual injunction § Restraining orders
How Perpetual injunction is granted?	by decree after hearing both sides i.e., Full trial on merits
If the defendant threatens to invade the plaintiff’s right to property and monetary compensation is insufficient, what remedy is appropriate under Section 38?	Award of perpetual injunction
Whether the court can grant perpetual injunction where the defendant is a trustee of the plaintiff’s property?	Yes
"If there is no standard for ascertaining actual damages caused," which legal remedy is appropriate?	Perpetual injunction
In which case did the court observe that the grant of perpetual injunction is discretionary but must be based on sound legal principles?	M.C. Chockalingam v. Mangilal
Which case law correctly interpreted Section 38 regarding trust property?	Ardeshir H. Bhiwandiwala v. State of Bombay
Which provision deal with “Mandatory injunctions”?	Sec 39
Why mandatory injunction be granted?	Compel the performance of a certain act
What are the essential ingredients for granting a mandatory injunction?	§ Prima facie case § Irreparable injury § Balance of convenience
Which landmark case laid down the principles for granting mandatory injunctions?	Dorab Cawasji Warden v. Coomi Sorab Warden, (1990) 2 SCC 117
In which case the Supreme Court held that ‘mandatory injunctions are To be granted only in exceptional cases’?	Dorab Cawasji Warden v. Coomi Sorab Warden
What does Section 39 empowers the Court to enforce?	Positive obligations
When a mandatory injunction can be granted?	Monetary compensation is not adequate remedy
When does the Mandatory injunction can be refused to grant?	§ The order would require constant supervision § The breach is trivial § The remedy is oppressive
What is true about mandatory injunctions?	They are discretionary in nature
In which case did the Supreme Court emphasize the cautious use of mandatory injunctions to avoid injustice?	Kuldip Singh v. Subhash Chander Jain (2000) 2 SCC 96
On whom the burden of proof lies in a suit for mandatory injunction?	Plaintiff
When Court grants a mandatory injunction, it compels the performance of?	Existing obligations
On which principle Section 39 of Specific Relief Act is based?	Equitable relief
Which are the requirements for granting a mandatory injunction under Section 39?	§ Existence of an obligation on the defendant § Need to prevent breach of an obligation § Plaintiff must suffer substantial injury
Which provision deal with ‘Damages in lieu of, or in addition to, injunction’?	Sec 40
What further relief can be granted by Court in addition to injunction under Section 40(1) of SRA?	Award damages in addition to injunction
In which case did the court hold that “damages can be awarded along with injunction”?	M.C. Chockalingam v. Mangilal, AIR 1969 SC 387
Whether the court can grant damages even if plaintiff did not claim it?	No, Plaintiff has to claim such relief in his plaint.
At what stage of proceedings court allow the plaintiff to amend the plaint for including such claim?	at any stage of the proceedings
Whether where no such damages have been claimed in the plaint, the court can allow the plaintiff to amend the plaint for including such claim?	Yes
Which provision of CPC, 1908 read with section 40 of SRA?	Order VII Rule 7 CPC (requires specific prayer for relief)
In which landmark case did the Supreme Court stress that damages cannot be granted unless specifically pleaded?	Shamsher Singh v. Rajinder Prashad
To which types of suits Section 40 of SRA applies?	Suits for either specific performance or injunction
Whether it is correct that Damages can be claimed even if the main relief is refused under section 40 of SRA?	Yes
Section 40 primarily corresponds to which provision under the English law system?	Equity relief with concurrent damages
In which case it was affirmed that “an amendment to claim damages can be allowed even after the institution of suit”?	Laxman Tatyaba Kankate v. Taramati Harishchandra Dhatrak
If a plaintiff sue for injunction without seeking damages and the injunction is refused, can he subsequently sue for damages based on the same cause of action?	No, barred by res judicata
Which case clarified that damages are a compensatory relief and not punitive under Section 40?	Nair Service Society v. K.C. Alexander
In which conditions can damages be awarded under Section 40?	When injunction is refused or When injunction is granted
Whether damages can be awarded without the injunction under section 40 of SRA?	Yes
Which principle is primarily covered under Section 40?	Damages for breach of obligation
Can a plaintiff file a new suit if he does not initially seek damages but later wishes to do so?	No
Which case is associated with awarding damages for unlawful injunctions?	Morgan v. Powell
Which case law held that "if damages are adequate, injunction should not be granted"?	Wood v. Sutcliffe
Which provision in CPC supports the amendment of the plaint for claiming damages under Section 40?	Order 6 Rule 17
Which provision deal with “Injunction when refused”?	Sec 41
Why injunction cannot be granted under Section 41(a) of the Specific Relief Act?	to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought
Why injunction can be granted under Section 41(a) of the Specific Relief Act?	If its restraint is necessary to prevent a multiplicity of proceedings
Why injunction cannot be granted under Section 41(b) of the Specific Relief Act?	to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought
Why injunction cannot be granted under Section 41(c) of the Specific Relief Act?	to restrain any person from applying to any legislative body
Why injunction cannot be granted under Section 41(d) of the Specific Relief Act?	to restrain any person from instituting or prosecuting any proceeding in a criminal matter
Why injunction cannot be granted under Section 41(e) of the Specific Relief Act?	to prevent the breach of a contract the performance of which would not be specifically enforced
Why injunction cannot be granted under Section 41(f) of the Specific Relief Act?	to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance
Why injunction cannot be granted under Section 41(g) of the Specific Relief Act?	to prevent a continuing breach in which the plaintiff has acquiesced
Why injunction cannot be granted under Section 41(h) of the Specific Relief Act?	when equally efficacious relief can certainly be obtained by any other usual mode of proceeding
Why injunction can be granted under Section 41(h) of the Specific Relief Act?	in case of breach of trust
Why injunction cannot be granted under Section 41(ha) of the Specific Relief Act?	if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project
Why injunction cannot be granted under Section 41(i) of the Specific Relief Act?	when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court
Why injunction cannot be granted under Section 41(j) of the Specific Relief Act?	when the plaintiff has no personal interest in the matter
Why An order of injunction to restrain criminal prosecution is barred?	§ It violates public policy. § It hampers justice delivery. § It amounts to interference in state functions.
In which case the Supreme Court emphasized that “Injunction cannot be used to restrain proceedings in a court of competent jurisdiction”?	Cotton Corporation of India Ltd. v. United Industrial Bank Ltd
Which landmark Indian case established the application of the "balance of hardship" principle in the context of Section 41(g) of the SRA?	Dorab Cawasji Warden v. Coomi Sorab Warden, (1990) 2 SCC 117
The maxim "He who comes into equity must come with clean hands" applies in context of which clause of Section 41?	Sec 41(i)
In which case the Supreme Court highlighted that injunctions interfering with criminal investigations should not be granted except in exceptional cases?	State of Orissa v. Madan Gopal Rungta (1952)
Which provision deal with “Injunction to perform negative agreement”?	Sec 42
When an injunction to perform a negative agreement is typically granted under sec 42 of SRA?	A party agreed not to do something and is attempting to act contrary to it.
Under Section 42 of the Specific Relief Act, 1963, a court may grant an injunction to enforce the performance of a	Negative agreement
For an injunction under Section 42, the agreement must be	Enforceable and subsisting
Section 42 applies primarily to which types of contracts?	Contracts containing negative stipulations
In the absence of a negative covenant, can an injunction under Section 42 be granted?	No
Which landmark case explains the enforcement of a negative covenant through injunction even if positive part of the contract is not specifically enforceable?	Gujarat Bottling Co. Ltd. v. Coca Cola Co.
In Gujarat Bottling Co. Ltd. v. Coca Cola Co. (1995), the Supreme Court held that	Negative covenants are enforceable even post-termination if reasonable.
In Niranjan Shankar Golikari v. Century Spinning & Mfg. Co. Ltd., what was the Court's view about enforcement of a negative covenant during the term of employment?	It is enforceable if reasonable and necessary to protect employer's interest.
Whether injunctions for negative agreements can be granted automatically without considering balance of convenience?	No
X agrees to work exclusively for Y for 3 years and not work for anyone else during this period. After 1 year, X joins a competitor. Y files for injunction. Will the court grant it under Section 42?	Yes, only the negative covenant can be enforced.
Which principle must courts consider when deciding whether to grant an injunction to enforce a negative covenant?	§ Whether the agreement is unconscionable. § Whether damages are sufficient remedy. § Whether balance of convenience favors the plaintiff.
When can the *Court refuse* an injunction** under Section 42?	§ Where the negative covenant is vague. § Where granting injunction would cause greater hardship to the defendant. § Where the plaintiff himself has breached the agreement
Under Section 42, to what extent can the Court enforce a negative agreement?	Reasonably, considering fairness and justice
In which landmark case was it held that when a contract has both positive and negative stipulations, even if positive enforcement is not possible, negative stipulation can be enforced by injunction?	Niranjan Shankar Golikari v. Century Spinning
Injunction to enforce a negative covenant is in nature of:	Prohibitory injunction
In which case it was observed that a negative covenant operative after termination of contract can still be enforced?	Percept D’Mark (India) Pvt. Ltd. v. Zaheer Khan
What is the limitation period for filing a suit for an injunction based on breach of a negative agreement?	3 years (Under Article 137 of the Limitation Act, 1963)
When does section 42 not apply?	Contract is void
Which Supreme Court judgment emphasized that injunctions should be granted cautiously in employment contracts having negative covenants?	Superintendence Company of India (P) Ltd. v. Krishan Murgai
What does a negative agreement imply?	A promise not to do something

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