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 ?

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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41.

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

The answer is: A

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Explanation

The correct option is A. S.4.

This is the provision of the Specific Relief Act, 1963, which states that 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 means that the court will not grant specific performance, injunction, declaration, or cancellation of a contract, if the only object of the plaintiff is to punish the defendant for violating a penal law, such as criminal breach of trust, cheating, forgery, etc. The plaintiff must show that he has some individual right or interest that is affected by the defendant's conduct, and that he needs specific relief to protect or enforce that right or interest. This provision is based on the principle that specific relief is a civil remedy and not a criminal sanction.