Under Section 12 of the Specific Relief Act 1963 the general...

Home / Law / Specific Relief Act / Question

Examveda

Under Section 12 of the Specific Relief Act, 1963, the general rule is that the specific performance of a part of the contract

A. Can be granted

B. Shall not be granted

C. May not be granted

D. None of the above

Answer: Option B

Solution (By Examveda Team)

Under Section 12 of the Specific Relief Act, 1963

The general rule is that specific performance of a part of the contract shall not be granted

This section reflects the principle that courts typically do not enforce only a part of a contract

Specific performance is an equitable remedy, and the whole contract must be capable of being performed

However, there are certain exceptions provided under the same section where partial performance may be granted

But as a general rule, partial enforcement is not allowed under Section 12

This Question Belongs to Law >> Specific Relief Act

Join The Discussion

Comments (1)

Ankit Prajapati:

11 months ago

Correct ans is B

Related Questions on Specific Relief Act

Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:

A. Section 35

B. Section 36

C. Section 37

D. None of the above

View Answer

Which of the following statements is wrong? Perpetual injunction

A. Is granted by a decree

B. Can be granted without notice to and hearing the defendant

C. Can never be granted without notice to and hearing the defendant

D. Can be granted on merits only

View Answer

Suit for specific performance is claimed when applicant is . . . . . . . . .

A. Necessary party

B. Proper party

C. Neither (A) nor (B)

D. Both (A) and (C)

View Answer

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff

View Answer