As per section 40, of the Specific Relief Act, where an instrument is evidence of different rights or different obligations the Court may in a proper case ?
Correct answer: A. Cancel it in part and allow it to stand for the residue
- A. Cancel it in part and allow it to stand for the residue
- B. Cancel it in whole
- C. Can not cancel its any part
- D. Non of These
Explanation
Where an instrument records separate rights or obligations, the court may cancel only the defective or objectionable part and leave the remaining portion effective. This is partial cancellation under Section 40.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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