Question

Which of the following statement is incorrect?

• A. Specific Relief Act, 1963, extends to the whole of India except state of Jammu and Kashmir;
• B. Specific performance is granted where there exists no standard for ascertaining damage;
• C. Where the aggrieved party can be adequately compensated in money, he will get only a decree for damages and not the recourse to;
• D. None of the above;

Hint:

Specific performance is an equitable remedy granted only when monetary damages are inadequate.

Answer 1

The Correct Option is D

Step 1: Understanding the Specific Relief Act, 1963:
The Specific Relief Act, 1963, is a civil law statute that provides remedies to individuals when monetary compensation is inadequate. It aims to ensure the enforcement of individual civil rights through specific performance, injunctions, and other equitable remedies.
Step 2: Verification of the Given Statements:
- (A) is correct because the Specific Relief Act originally extended to the whole of India except Jammu and Kashmir.
- (B) is correct as specific performance is granted when there is no adequate standard to measure damages in money.
- (C) is also correct since when monetary compensation is sufficient, specific performance cannot be granted — only damages can be awarded.
Step 3: Final Conclusion:
Since all the given statements are correct, the incorrect statement is (D) None of the above.