Remedies under Specific Relief Act — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Under Section 37 of the Specific Relief Act, 1963, a perpetual injunction can only be granted:

   • At any interim stage of a suit
   • By a decree made at the hearing and upon the merits of the suit (correct answer)
   • Only by a criminal court
   • Without any suit being filed at all

   Explanation. A perpetual injunction under Section 37 can only be granted by a decree made at the hearing and upon the merits of the suit, unlike a temporary injunction.

2. Which section of the Specific Relief Act, 1963 allows a perpetual injunction to prevent the invasion of a property right?

   • Section 36
   • Section 38 (correct answer)
   • Section 41
   • Section 42

   Explanation. Section 38 allows a perpetual injunction to prevent the breach of an obligation, including the invasion of the plaintiff's property right.

3. A mandatory injunction under Section 39 of the Specific Relief Act, 1963 is used to:

   • Only stop a future act from happening
   • Compel the performance of an act necessary to prevent breach of an obligation (correct answer)
   • Punish the defendant criminally
   • Award only monetary compensation

   Explanation. Section 39 allows the court to compel the performance of requisite acts (e.g., installing treatment equipment), not merely restrain future conduct.

4. Under Section 40, a plaintiff seeking a perpetual or mandatory injunction:

   • Can never also claim damages
   • Can also claim damages in addition to or in substitution for the injunction, if pleaded (correct answer)
   • Must abandon the injunction claim to get damages
   • Can only claim damages after the injunction is refused

   Explanation. Section 40 allows the plaintiff to claim damages in addition to, or in place of, a perpetual or mandatory injunction.

5. In Shelfer v. City of London Electric Lighting Co. (1895), the Court of Appeal laid down a working rule for:

   • When absolute liability applies
   • When damages may be awarded in substitution for an injunction in a nuisance case (correct answer)
   • When a criminal prosecution is barred
   • When a temporary injunction becomes permanent automatically

   Explanation. Shelfer's case laid down the standard 'good working rule' for when damages may be awarded instead of an injunction against a nuisance.

6. According to the Shelfer test, damages may substitute for an injunction only where:

   • The injury is large and cannot be estimated in money
   • The injury is small, capable of being estimated in money, adequately compensated by a small payment, and an injunction would be oppressive to the defendant (correct answer)
   • The defendant is a government body
   • The plaintiff has already accepted a settlement

   Explanation. Shelfer's good working rule requires the injury to be small, quantifiable, adequately compensable by a small sum, and an injunction to be oppressive to the defendant.

7. Section 42 of the Specific Relief Act, 1963 allows an injunction to:

   • Enforce a positive contractual term only
   • Restrain the breach of a negative term coupled with a positive agreement (correct answer)
   • Cancel a contract entirely
   • Only apply to government contracts

   Explanation. Section 42 allows an injunction restraining the breach of an express or implied negative term, even where the positive term is not specifically enforced.

8. Why do courts in most reported pollution cases ultimately grant an injunction rather than only damages?

   • Because damages are legally prohibited in pollution cases
   • Because pollution is typically a continuing wrong, and only an injunction actually stops it from recurring (correct answer)
   • Because injunctions are always cheaper for the court to administer
   • Because Section 41 requires an injunction in every case

   Explanation. Since pollution is usually continuing, only an injunction (prohibitory or mandatory) actually halts it — damages alone only compensate for harm already suffered.

9. In St Helen's Smelting Co. v. Tipping, the House of Lords held that where a business causes material injury to property:

   • The fit character of the locality is no defence (correct answer)
   • An industrial neighbourhood excuses the injury
   • Only damages and never an injunction can be given
   • The owner must move out of the area

   Explanation. The Lord Chancellor held that, for material injury to property, the locality's fit character is no defence. For mere personal discomfort, the place matters much more.

10. Which section of the Air Act, 1981 lets the State Board apply to a court for an order restraining a person from emitting an air pollutant in excess of the standards?

    • Section 19
    • Section 21
    • Section 22A (correct answer)
    • Section 22

    Explanation. Section 22A lets the Board apply to a court for a restraining order where excess emission is apprehended.

11. Which provision of the Air Act, 1981 lets the Board itself issue written directions, including for closure of an industry, without going to court?

    • Section 31A (correct answer)
    • Section 19
    • Section 21
    • Section 22A

    Explanation. Section 31A, inserted in 1987, lets the Board issue written directions including closure, prohibition or regulation of an industry.

12. Why is an injunction usually the main remedy against continuing smoke or noise?

    • Damages are never available for nuisance
    • Damages alone do not stop the continuing harm (correct answer)
    • Injunctions are cheaper than a Pollution Control Board complaint
    • Courts cannot award damages in nuisance suits

    Explanation. Damages compensate for past harm, but an injunction stops the harm from continuing.