New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    Subhadra and Ors. V. Thankam it was held that

    ____________
    A Granting Interim Injunction is at the discretion of the Court Correct Answer Incorrect Answer
    B Provisions of Section 26 of the Specific Relief Act would be attracted in limited cases Correct Answer Incorrect Answer
    C Purpose of section 6 of the Specific Relief Act is to restraint a person from using force and to dispossess a person without his consent otherwise than in the due course of law Correct Answer Incorrect Answer
    D Section 4 of the Specific Relief Act would be available only with regard to civil matters and not for criminal proceedings Correct Answer Incorrect Answer

    Solution

    The provisions of this section do not have general application and so they can be attracted in those cases only where the ingredients as laid down in the section are satisfied. The relief of rectification can only be claimed where through fraud or mutual mistake of the parties the real intention of the parties is not expressed in connection with the instrument.

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