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After 2018 Amendment Act now specific performance will be granted ……. subject to certain exceptions which are elaborated in sections 11(2), 14 and section 16 of the amended Act:
Discretionary
Mandatorily
Both a & b
none of the above
- The 2018 Amendment Act altered the framework within which specific performance is granted.
- Previously, it was a discretionary remedy, but post-amendment, it is generally granted as a rule.
- The exceptions are detailed in sections 11(2), 14, and 16, where specific scenarios are outlined.
- Option 1: Discretionary - This suggests specific performance is subject to judicial discretion, which was the stance before the amendment.
- Option 2: Mandatorily - Under this option, specific performance is the default, barring exceptions.
- Option 3: Both a & b - This implies a mix of mandatory and discretionary aspects, which is incorrect post-amendment.
- Option 4: None of the above - Incorrect as options 1 or 2 contextualize the amendment.
Option 2: Mandatorily is correct.
.
By: santosh ProfileResourcesReport error
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