Question

Sections 36 to 42 of Specific Relief Act provides

• A. Injunctions
• B. Court's discretion on specific performance
• C. Cancellation of instruments
• D. None of the above

Hint:

To master the Specific Relief Act, create a mental map of its structure: Part II is Specific Performance, and Part III covers Rectification, Rescission, Cancellation, and Declarations. The final part is Preventive Relief, which means Injunctions (Sections 36-42).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks to identify the type of relief covered in Sections 36 to 42 of the Specific Relief Act, 1963.

Step 2: Detailed Explanation:
The Specific Relief Act, 1963, is structured into different parts, each dealing with a specific type of relief.
- Part I is Preliminary.
- Part II deals with Specific Performance of Contracts (Sections 9 to 25). Option (B) falls here.
- Part III deals with various other reliefs.
Let's look at the chapters within Part III:
- Chapter V: Rectification of Instruments (Section 26).
- Chapter VI: Rescission of Contracts (Sections 27 to 30).
- Chapter VII: Cancellation of Instruments (Sections 31 to 33). Option (C) falls here.
- Chapter VIII: Declaratory Decrees (Sections 34 to 35).
- Part IV deals with Preventive Relief. This part has only one chapter:
- Chapter IX: Injunctions Generally (Sections 36 to 42). This chapter covers the nature of preventive relief, temporary and perpetual injunctions, and when they can be granted or refused.
Therefore, Sections 36 to 42 are dedicated to the topic of injunctions.

Step 3: Final Answer:
Sections 36 to 42 of the Specific Relief Act, 1963, provide for the relief of Injunctions.