Specific Relief Act - Practice Test

[#186] Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?

(A) Filing of suit within limitation

(B) Plaintiff's capacity including financial

(C) Conduct of plaintiff wanting performance

(D) All of above

Correct Answer

(B) Plaintiff's capacity including financial

[#187] Which of the following proposition is not correct:

(A) The plaintiff is entitled to seek a decree for specific performance of contract or compensation in lieu of specific performance under the Specific Relief Act

(B) If liquidated damages have been provided, the plaintiff cannot seek specific performance

(C) The court may grant possession, partition or separate possession to the plaintiff in addition to specific performance of the contract

(D) The court may direct refund of the earnest money or deposit made if specific performance is refused

Correct Answer

(B) If liquidated damages have been provided, the plaintiff cannot seek specific performance

[#188] Under Specific Relief Act, in which of the following cases, the Court cannot order rectification of instrument

(A) Where the instrument through fraud does not express the real intention of the parties

(B) Where the instrument through mutual mistake does not express the real intention of the parties

(C) Where the instrument is the articles of association of a company

(D) Where the rectification of the instrument can be done without prejudice to rights acquired by third persons in good faith and for value

Correct Answer

(C) Where the instrument is the articles of association of a company

[#189] Which of the following contracts cannot be specifically enforced as per the provision of Section 14 of the Act?

(A) Execution of a formal deed of partnership

(B) Contract for the construction of any building or execution of any other work on land

(C) Contract which is determinable in its nature

(D) Contract to execute a mortgage or furnish any other security for repayment of any loan which the borrower is not willing to repay at once

Correct Answer

(C) Contract which is determinable in its nature

[#190] The relief provided under the Specific Relief Act, is:

(A) Discretionary

(B) Mandatory

(C) Statutory

(D) Obligatory

Correct Answer

(A) Discretionary

Specific Relief Act - Study Mode

[#186] Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?

Correct Answer

[#187] Which of the following proposition is not correct:

Correct Answer

[#188] Under Specific Relief Act, in which of the following cases, the Court cannot order rectification of instrument

Correct Answer

[#189] Which of the following contracts cannot be specifically enforced as per the provision of Section 14 of the Act?

Correct Answer

[#190] The relief provided under the Specific Relief Act, is:

Correct Answer