Question

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. Which provision brings in such prohibition?

• A. S.4
• B. S.5
• C. S.7
• D. S.10

Hint:

Remember Section 4 as the "Jurisdictional Statement" of the Specific Relief Act. It defines the scope of the Act: it deals with CIVIL rights, not CRIMINAL laws. This is the very foundation of the statute.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question refers to the fundamental principle that the remedies provided under the Specific Relief Act are intended for the protection of private, civil rights, not for the enforcement of criminal (penal) laws. It asks for the specific section that codifies this foundational principle.
Step 2: Detailed Explanation:
Let's look at the initial sections of the Specific Relief Act, 1963:
\begin{itemize} \item (A) Section 4: This section is titled "Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws." The text of the section reads: "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." This is a direct and exact match with the statement in the question. \item (B) Section 5: Deals with the recovery of specific immovable property. \item (C) Section 7: Deals with the recovery of specific movable property. \item (D) Section 10: (As amended) states that the specific performance of a contract shall be enforced by the court, subject to certain other provisions. \end{itemize} The principle mentioned in the question is explicitly and verbatim stated in Section 4 of the Act.
Step 3: Final Answer:
The provision that brings in this prohibition is S.4.