Question 1:
A suit for possession of an immovable property based on title by a plaintiff, who has been dispossessed can be filed:
A.
Within six months of dispossession as per Section 5 of Specific Relief Act
B.
Even beyond six months and upto a period of 12 years as provided in Article 65 of the Limitation Act when dispossession is of a person who is the title holder of the immovable property
C.
Beyond six months against a rank trespasser, by an owner of an immovable property, if dispossession of the plaintiff of an immovable property takes place after plaintiff had already given a public notice of his being in actual physical possession of the suit property against the world at large
D.
Beyond six months of dispossession of a person having an ownership title, and against a person who dispossesses the person having ownership title provided only if the title of the plaintiff is recorded either in the municipal records or in the revenue records
Answer: _________
Question 2:
A suit under Section 6 of the Specific Relief Act, 1963 can be filed:
A.
For recovery of possession of movable property
B.
For recovery of possession of immovable property
C.
For recovery of both immovable property and movable property
D.
Against the government
Answer: _________
Question 3:
Ramesh and Geeta were husband and wife living in Bangalore. Ramesh was an Income Tax Officer and Geeta was a school teacher. They had two sons studying in schools in Bangalore. Parents of Ramesh were also staying with them. Ramesh was transferred to Madras and he had to leave his family behind at Bangalore. He promised to send every month Rupees thirty thousand to meet family expenditure, to his wife. Ramesh did not send any money from Madras. If Geeta filed a suit for specific performance of the contract, then which one of the following is correct?
A.
Family agreements are not contracts and hence, no order for specific performance can be ordered
B.
It is a valid contract. Specific performance is to be ordered
C.
This is being an agreement without consideration. It is not an enforceable contract
D.
It is a breach of family responsibilities, so specific performance order is called for
Answer: _________
Question 4:
An injunction cannot be granted:
A.
To restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which injunction is sought
B.
To restrain any person from instituting or prosecuting any proceeding in any Court
C.
To restrain any person from instituting or prosecuting any proceeding in a Court subordinate to that from which injunction is sought
D.
To restrain any person from instituting or prosecuting any proceeding in the same court from which injunction is sought
Answer: _________
Question 5:
Specific performance of a contract means
A.
Actual execution of the contract according to its stipulation and terms
B.
Claim of damages or compensation for the non-execution of the contract
C.
Either (A) or (B)
D.
Neither (A) nor (B)
Answer: _________
Question 6:
A contracts with B to sing for twelve months at B' 5 theatre and not to sing in public elsewhere.
A.
B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment
B.
B can only obtain specific performance to sing
C.
B could not only obtain specific performance to sing, but he is also entitled to an injunction restraining A from singing at any other place of public entertainment
D.
None of the above
Answer: _________
Question 7:
A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
A.
True
B.
False
C.
It is upto trustee
D.
Both B and C
Answer: _________
Question 8:
Sub-section (2) of Section 27 of Specific Relief Act accordingly provides that the right of rescission is not available in the following cases:
A.
Where the position of the parties has been altered to such an extent that they cannot be put back to their original status
B.
Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed
C.
Where the plaintiff is seeking rescission of only a part of the contract and that part is not severable from the rest of the contract
D.
Both (A) and (C)
Answer: _________
Question 9:
Under Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of -
A.
Torts
B.
Contracts
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 10:
Under Section 10 of the Specific Performance Act, the specific performance cannot be granted, if
A.
There is no concluded contract
B.
There is a concluded contract
C.
The compensation in money is not an adequate relief
D.
There exists no standard for ascertaining the actual damages
Answer: _________
Question 11:
Which of the following is true of temporary injunction?
A.
It continues until a certain specific time
B.
It is permanent between the parties
C.
It concludes the right
D.
It cannot be granted ex parte
Answer: _________
Question 12:
Where the plaintiff, in a suit for specific performance, proves the existence of the agreement and its non-performance by the defendant, the Court:
A.
Is bound to issue a decree for specific performance
B.
Can refuse to issue a decree for specific performance on the ground of inadequacy of consideration
C.
Is not bound to issue a decree for specific performance, since the relief is discretionary
D.
None of the above
Answer: _________
Question 13:
In which of the following cases has the Supreme Court held that when granting of damages is an adequate relief, the specific performance would be refused?
A.
Prakash Chandra v. Angadlal
B.
Maria v. Bilkees
C.
Chand rani v. Kamal rani
D.
None of the above
Answer: _________
Question 14:
Specific relief . . . . . . . . where the agreement is made with minor fill in the blanks.
A.
Can get
B.
Cannot be given
C.
Can release
D.
Implemented with law
Answer: _________
Question 15:
Suit under Section 8 of the Specific Relief Act, 1963, is not competent:
A.
Against a person who is the owner of the article claimed
B.
Against a person who has the possession or control over the article
C.
In respect of an article for which compensation in money is not an adequate relief
D.
In case where ascertainment of damages in extremely difficult
Answer: _________
Question 16:
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he may institute suit to recover possession no withstanding any other title that may set up in such suit within-
A.
One year from the date of dispossession
B.
Twelve years from the date of dispossession
C.
Six months from the date of dispossession
D.
Three years from the date of dispossession
Answer: _________
Question 17:
The provisions regarding 'specific performance of part of contract' are contained under the Specific Relief Act, in:
A.
Section 11
B.
Section 12
C.
Section 13
D.
Section 14
Answer: _________
Question 18:
A suit for recovery of possession under section 6 cannot be filed against:
A.
A private individual
B.
A company
C.
A government
D.
A firm
Answer: _________
Question 19:
Contract for sale of a Maruti Ciaz car
A.
Can be specifically enforced
B.
Cannot be specifically enforced
C.
Only damages can be claimed
D.
Both (B) and (C)
Answer: _________
Question 20:
Under Section 7 of the Specific Relief Act, the recovery of the movable property can be made by:
A.
Finder of the movable property
B.
Buyer of the movable property
C.
Bailee of the movable property
D.
All of the above
Answer: _________
Question 21:
A suit for declaration will not lie in the following cases:
A.
For declaration that the plaintiff did not infringe the defendants trade mark
B.
For declaration that a made by the father of the plaintiff in a Will is invalid and that the property is ancestral and that the plaintiff is entitled to a share in it without claiming partition
C.
For declaration during the life time of the testator, that the will is invalid
D.
All the above
Answer: _________
Question 22:
Proviso to Section 34 of the Specific Relief Act relates to
A.
Suits for injunctions
B.
Suits for declaration
C.
Suits for specific performance
D.
All of the above
Answer: _________
Question 23:
Which one of the following is correct with respect to substituted performance of a contract?
A.
The party claiming breach should approach the court seeking performance of the contract
B.
The party claiming breach should claim damages for the breach
C.
The party claiming breach can get the contract performed either himself or through agent after notice to the party who has committed the breach and can claim compensation of the performance from the party committing the breach
D.
All of the above
Answer: _________
Question 24:
Preventive relief is granted by the court, under section 36 of the Specific Relief Act, 1963
A.
By declarations
B.
By specific performance
C.
By injunctions
D.
Either (A) or (B) or (C)
Answer: _________
Question 25:
Section 11 of the Specific Relief Act, 1930 applies where
A.
The relief claimed partakes the nature of the specific performance
B.
The enforcement of an obligation is in the nature of trust
C.
Both (A) and (B)
D.
Either (A) or (B)
Answer: _________
Question 26:
Section 44 of Specific Relief Act is related with
A.
Permanent injunction
B.
Negative agreement
C.
Compensation
D.
Repeal
Answer: _________
Question 27:
Declaratory decree is binding only on
A.
Parties to the suit
B.
Parties and their representative claiming through them
C.
Trustee
D.
All of these
Answer: _________
Question 28:
Which Section of the Specific Relief Act deals about 'contracts not specifically enforceable'?
A.
Section 9
B.
Section 14
C.
Section 11
D.
Section 16
Answer: _________
Question 29:
Under section 33 compensation is payable if
A.
The benefit have been received by the party
B.
The contract is without consideration
C.
In both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 30:
The object of section 6 of the Specific Relief Act, 1963 is to
A.
Restrain a person from using force and to disposes a person without his consent
B.
Is not to restrain a person to dispossess a person
C.
Only (B) is correct
D.
None of above
Answer: _________
Question 31:
Further relief under Section 34 of the Specific Relief Act must be the one available
A.
As additional on the date of the suit
B.
As alternative on the date of the suit
C.
After the filing of the suit
D.
As alternative during the pendency of the suit
Answer: _________
Question 32:
A' files a Suit for Mandatory Injunction against illegal disconnection of electricity. 'A' also suffers loss in the business on account of non supply of electricity. The suit for Mandatory Injunction is dismissed. 'A' thereafter files suit for damages for suffering loss. The subsequent Suit is barred
A.
Under Code of Civil Procedure
B.
Under Specific Relief Act
C.
By limitation
D.
None of these
Answer: _________
Question 33:
Specific Relief Act:- An injunction can not be granted-
A.
To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings
B.
To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought
C.
To restrain any person from applying to any legislative body
D.
All of these
Answer: _________
Question 34:
Section 34 of the Specific Relief Act, 1963, sanctions:
A.
Every type of declaration
B.
Only a declaration of legal character
C.
Only a declaration of a right to property
D.
A declaration of legal character or of a right to property
Answer: _________
Question 35:
Grant of a mandatory injunction is regulated by
A.
Section 38 of the Specific Relief Act, 1963
B.
Section 39 of the Specific Relief Act, 1963
C.
Section 40 of the Specific Relief Act, 1963
D.
Section 41 of the Specific Relief Act, 1963
Answer: _________
Question 36:
Choose the true statement about the propositions: Propositions: (1) A contract for sale of a patent can be specifically enforced. (2) A contract to assign a copyright is specifically enforceable. (3) An agreement to form a partnership is specifically enforceable as a general rule Assertions:
A.
(1) and (2) are incorrect, (3) is correct
B.
(1) is incorrect, (2) and (3) ani correct
C.
(2) is incorrect, (1) and (3) are correct
D.
(3) is incorrect, (1) and (2) are correct
Answer: _________
Question 37:
A suit under section 6 can be brought by
A.
Trespasser
B.
Tenant holding over
C.
Servant
D.
Manager
Answer: _________
Question 38:
Section 8 of the Specific Relief Act, 1963, cannot be invoked against a person
A.
Who has possession of the property
B.
Who has control over the property
C.
Who is owner of the property
D.
None of the above
Answer: _________
Question 39:
Section 21 of the Specific Relief Act is related to
A.
Power to award compensation in certain cases
B.
Power to grant relief for possession, partition, refund of earnest money etc.
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 40:
Which of the following statements is incorrect in reference to the Specific Relief Act, 1963?
A.
An injunction cannot be granted when the plaintiff has no personal interest in the matter
B.
Obligation includes every duty enforceable by law
C.
Specific performance of a contract can be enforced in favour of a person who would not be entitled to recover compensation for its breach
D.
The dismissal of a suit for specific performance of a contract shall bar the plaintiffs right to sue for compensation for the breach of such contract
Answer: _________
Question 41:
Whether specific performance of the contract can be sought when vendor is entitled to sell his specified and determined share in property
A.
No
B.
Yes
C.
Conditional
D.
None of the above
Answer: _________
Question 42:
Relief of rescission is granted in cases:
A.
Where the contract is void
B.
Where the contract is voidable
C.
Both void & voidable contracts
D.
Neither void nor voidable contracts
Answer: _________
Question 43:
Temporary injunction -
A.
Concludes the right
B.
Continues until a certain specific time
C.
Is permanent between the parties
D.
Cannot be granted ex-parte
Answer: _________
Question 44:
Under Section 15 of the Specific Relief Act, the specific performance of a contract may be obtained by:
A.
Any party of the contract
B.
The representative in interest of any party of the contract
C.
The principal of any party of the contract
D.
All of the above
Answer: _________
Question 45:
In which of the following cases, the specific performance of a contract will not be ordered:
A.
Where pecuniary compensation would afford adequate relief
B.
Where the acts would require contained supervision by the Court
C.
Where the contract provides for personal affirmative acts or personal service
D.
All the above
Answer: _________
Question 46:
Which of the following is a leading case on rectification of instruments?
A.
Whiteside case
B.
Fowler v Fowler
C.
Both A and B
D.
None of the above
Answer: _________
Question 47:
Is it necessary for plaintiffs in suit for perpetual and mandatory injunction, their plea of ownership over land to be proved by production of oral and documentary evidence
A.
No
B.
Yes
C.
Conditional
D.
None of the above
Answer: _________
Question 48:
Which of the following can be specifically enforced under Section 10 of the Specific Relief Act, 1963?
A.
Contingent contract
B.
Formation of a partnership
C.
Chattel of special value
D.
Deeds of separation
Answer: _________
Question 49:
Under Specific Relief Act 1963 power of Court to engage experts is provided under which Section
A.
Section 20A
B.
Section 14A
C.
Section 20B
D.
Section 20C
Answer: _________
Question 50:
Under Clause (3) of Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted when
A.
The defendant is not a trustee of property for the plaintiff
B.
There exists standard for ascertaining the actual damage caused
C.
Compensation would afford adequate remedy
D.
It is necessary to prevent multiplicity of proceedings
Answer: _________
Question 51:
A mandatory injunction in the nature, is
A.
Restitutory
B.
Prohibitory
C.
Both restitutory and prohibitory
D.
Neither restitutory and prohibitory
Answer: _________
Question 52:
Plaintiff may ask for relief of possession, partition or refund of earnest money under Section 22 of the Specific Relief Act, where the suit is for the specific performance of a contract for
A.
The transfer of any property
B.
The transfer of movable property
C.
The transfer of immovable property
D.
None of these
Answer: _________
Question 53:
Perpetual injunction can be granted under Section 38 of the Specific Relief Act
A.
When compensation affords adequate remedy
B.
When there exists standard for ascertaining the actual damages caused
C.
When it is necessary to prevent multiplicity of proceedings
D.
When the defendant is not a trustee of property for the plaintiff's
Answer: _________
Question 54:
Under Section 6 of Specific Relief Act if any person is dispossessed without his consent of immovable property otherwise than in due course of law, to recover possession . . . . . . . .
A.
He has to prove his title
B.
He has to prove his prior possession
C.
He has to prove both his title and prior possession
D.
None of the above
Answer: _________
Question 55:
Cancellation under Section 31 of the Specific Relief Act can be claimed
A.
By any person against whom the instruments void or voidable
B.
In respect of any instrument not necessarily a contract
C.
By party to the instrument
D.
All the above
Answer: _________
Question 56:
When no date for performance of a contract is fixed, from which time the period of limitation to file suit fOr specific performance of contract would start?
A.
The date of contract
B.
The date on which contract was written
C.
The date when the plaintiff has notice that performance is refused
D.
None of the above
Answer: _________
Question 57:
Under Section 12 of the Specific Relief Act, 1963, the general rule is that the specific performance of a part of the contract
A.
Can be granted
B.
Shall not be granted
C.
May not be granted
D.
None of the above
Answer: _________
Question 58:
In which one of the following cases, the Court can grant an injunction as per the provisions of Section 41 Specific Relief Act, 1963?
A.
To restrain any person from prosecuting a judicial proceeding
B.
To restrain any person from instituting a criminal matter
C.
To restrain any person from applying to any legislative body
D.
To restrain any person from dispossession by force
Answer: _________
Question 59:
Section 11 of the Specific Relief Act, refers specific performance of contracts connected with:
A.
Arbitration
B.
Trusts
C.
Both (A) and (B)
D.
None of these
Answer: _________
Question 60:
Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract where the part left unperformed -
A.
Bears only a small portion of the whole in value and admits of compensation in money
B.
Is a small portion of the whole in subject matter and does not admit a compensation in money
C.
Is a substantial portion of the whole in value and admits of compensation in money
D.
All the above
Answer: _________
Question 61:
A declaration made is binding on
A.
The parties to the suit
B.
Persons claiming through the parties to the suit
C.
Where any party is a trustee, in the persons for whom such parties would be trustees
D.
All the above
Answer: _________
Question 62:
A court may deny specific performance of an agreement to sell an immovable property if
A.
It is of the option that the consideration is inadequate
B.
The court feels that the contract is onerous to the defendant
C.
The performance of the contract would involve hardship on the defendant which he did not foresee and non-performance would involve no such hardship on the plaintiff
D.
All of these
Answer: _________
Question 63:
Remedy of rescission of contract
A.
Is the same as specific performance
B.
Is opposite of specific performance
C.
Does not affect specific performance
D.
Makes specific performance easy
Answer: _________
Question 64:
Under section 10 of Specific Relief Act, the specific performance of the contract shall be enforced
A.
If there is no concluded contract
B.
If there is a concluded contract
C.
If the compensation in money is not an adequate relief
D.
None of the above
Answer: _________
Question 65:
In which case did the Supreme court lay down the test which may be adopted as a working rule for determining the attributes of settled possession?
A.
Lalith Mohan v. Kishan Mohan
B.
Puran Singh case
C.
Narasimha Bhatt case
D.
None of the above
Answer: _________
Question 66:
A, B and C are coparceners, A is in separate possession of joint family property. He sells it to D and puts D in possession. B and C sue for declaration of title that the property is joint family property. The Court
A.
Will issue a declaration that property is joint family property
B.
Will direct the plaintiff to implied 'A' as a party before granting decree for declaration
C.
Will dismiss the suit as plaintiffs are in a position to claim consequential relief of possession
D.
None of the above
Answer: _________
Question 67:
Section 13 of the Specific Relief Act confers certain rights on:
A.
Seller of immovable property
B.
Purchaser of immovable property
C.
Purchaser of movable property
D.
Seller of movable property
Answer: _________
Question 68:
Under which section of the Specific Relief Act, 1963, power to award comensation in certain cases have been given?
A.
Section 19
B.
Section 18
C.
Section 21
D.
Section 22
Answer: _________
Question 69:
A perpetual injunction means:
A.
A judicial process
B.
Thing prevented is a wrongful act
C.
Preventive in nature
D.
All of the above
Answer: _________
Question 70:
An injunction can be granted:
A.
When the plaintiff has no personal interest in the matter
B.
To prevent continuing breach in which the plaintiff has acquiesced
C.
To prevent the breach of a contract, the performance of which cannot be specifically enforced
D.
When necessary to prevent multiplicity of judicial proceedings
Answer: _________
Question 71:
Under the Specific Relief Act which of the following kind of remedies cannot be granted?
A.
Recovery of possession of property
B.
Making of instruments
C.
Rescission of contracts
D.
Declaratory decrees
Answer: _________
Question 72:
The jurisdiction of the Court to decree specific performance under Specific Relief Act, 1963, is:
A.
Discretionary
B.
Mandatory
C.
Arbitrary
D.
Discretionary but should not be arbitrary
Answer: _________
Question 73:
Under Section 6 of the Specific Relief Act:
A.
A tenant can file a suit for possession even against the landlord on the ground that he was unlawfully dispossessed by the landlord
B.
No question of title either of the plaintiff or of the defendant can be raised or gone into that case
C.
Both (A) and (B) are correct
D.
Both (A) and (B) are incorrect
Answer: _________
Question 74:
Section 39 of Specific Relief Act 1963 is related with
A.
Effect of declaration
B.
Temporary injunction
C.
Perpetual injunction
D.
Mandatory injunction
Answer: _________
Question 75:
Cancellation of instrument can be granted
A.
If the instrument is void or voidable
B.
If the instrument is valid
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 76:
Specific performance of a contract may not be enforced, if:
A.
The contract is relating to sale of immovable property
B.
Compensation in money is an adequate relief
C.
The property is held by defendant as agent
D.
Adequate compensation is not the remedy
Answer: _________
Question 77:
Section 13 of the Specific Relief Act has no application when the transfer has been effected in respect of a property
A.
In which vendor has no title or has an imperfect title
B.
In which vendor has title
C.
In which vendor has imperfect title
D.
None of the above
Answer: _________
Question 78:
Specific Relief Act is:
A.
Remedial in nature
B.
Protective in nature
C.
A subordinate law
D.
All of these
Answer: _________
Question 79:
Section 36 of the Specific Relief Act, 1963, classifies injunction into
A.
Two
B.
Three
C.
Four
D.
Five
Answer: _________
Question 80:
Under Section 10 of the Specific Relief Act, 1963, which contracts can be specifically enforced
A.
An agreement to transfer certain properties subject to sanction by the sanctioning authority
B.
B written agreement of lease of a house for a certain period at a certain rent by the parties
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 81:
Specific relief is granted for enforcing:
A.
Individual civil rights
B.
Penal laws
C.
Both individual civil rights and penal laws
D.
Personal criminal liability
Answer: _________
Question 82:
What is true of temporary injunction?
A.
Is permanent between the parties
B.
Concludes the right
C.
Continues until a certain specific period
D.
Can't be granted ex parte
Answer: _________
Question 83:
Under Section 37 of Specific Relief Act, 1963 a temporary injunction can be granted-
A.
After settlement of the issues
B.
Before the conclusion of plaintiffs evidence
C.
Before the conclusion of defendant's evidence
D.
At any stage of the suit
Answer: _________
Question 84:
Mandatory injunction is governed by
A.
Section 38 of the Specific Relief Act
B.
Section 39 of the Specific Relief Act
C.
Section 40 of the Specific Relief Act
D.
Section 41 of the Specific Relief Act
Answer: _________
Question 85:
Whether specific performance of an earlier Agreement to Sell an immovable property can be granted against the person who has subsequently purchased the subject property?
A.
No. Once the immovable property which is subject matter of an Agreement to Sell is sold by the seller to a third person, the earlier Agreement to Sell is frustrated
B.
A proposed buyer under an Agreement to Sell can seek specific performance of a contract to sell an immovable property even if the subsequent purchaser is a purchaser for value but with notice of the prior Agreement to Sell
C.
Only if the immovable property which is subject matter of an Agreement to Sell is transferred during the pendency of the suit and not before filing of the suit
D.
A proposed purchaser under the Agreement to Sell can file a suit against the subsequent purchaser of the property which is subject matter of the prior Agreement to Sell, but only if payment is made by the proposed purchaser by means of cheque or a bank draft
Answer: _________
Question 86:
Who may obtain specific performance of contract under Section 15 of the Specific Relief Act, 1963, in his favour?
A.
Any party of the contract
B.
The representative in interest or the principal of any party
C.
When a company has entered into a contract subsequently becomes amalgamated with another company, the company which arises out of amalgamation
D.
All of the above
Answer: _________
Question 87:
Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is
A.
Small
B.
Considerable
C.
Inconsiderable
D.
Either (A) or (B) or (C)
Answer: _________
Question 88:
Under the Specific Relief Act, a suit for recovery of possession can be filed
A.
Only in respect of movable property
B.
Only in respect of immovable property
C.
In respect of both movable and immovable property
D.
Neither movable nor immovable property
Answer: _________
Question 89:
Under Section 11 of the Specific Relief Act, 1930 a contract made by a trustee in excess of his powers or in the breach of a trust is:
A.
Specifically enforceable at the instance of the trustee
B.
Specifically enforceable at the instance of the second party
C.
Specifically enforceable either at the instance of the trustee or at the instance of a second party
D.
Not specifically enforceable
Answer: _________
Question 90:
For application of section 7 of the Act, the goods must be
A.
In original form
B.
Capable of identification & delivery
C.
Without alteration
D.
All the above
Answer: _________
Question 91:
Temporary Injunction can be granted
A.
Suo mota
B.
Ex parte
C.
Hearing both parties
D.
None of the above
Answer: _________
Question 92:
In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following-
A.
That plaintiff paid entire sale consideration
B.
That plaintiff obtained clearance from all authorities
C.
That plaintiff obtained encumbrance certificate
D.
That plaintiff is ready and willing to perform his part of contract
Answer: _________
Question 93:
Perpetual injunctions are governed by-
A.
Specific Relief Act, 1963
B.
Contract Act
C.
Sale of Goods Act
D.
Civil Procedure Code
Answer: _________
Question 94:
The period of limitation for filing a suit for possession under Section 6 of the Specific Relief Act is
A.
Six months
B.
One year
C.
Three years
D.
Twelve years
Answer: _________
Question 95:
Provisions regarding, 'the persons who may obtain specific performance' are specified in:
A.
Section 14 of the Specific Relief Act, 1963
B.
Section 15 of the Specific Relief Act, 1963
C.
Section 16 of the Specific Relief Act, 1963
D.
Section 17 of the Specific Relief Act, 1963
Answer: _________
Question 96:
Damages in suits for injunctions cannot be granted
A.
If the plaintiff has not claimed damages
B.
If the suit of the plaintiff is dismissed
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 97:
Which of the following statements is correct?
A.
In a suit for specific performance of a contract for transfer of immovable property, the court cannot grant partition and separate possession of the property
B.
In a suit for specific performance of a contract for transfer of immovable property, the plaintiff cannot alternatively ask for the refund of earnest money or deposit made by him
C.
The court while refusing to grant specific performance of the contract, cannot grant refund of earnest money paid by the plaintiff, unless it has been specifically claimed
D.
All the above are correct
Answer: _________
Question 98:
Whether specific performance of contract can be enforced against a transferee of immovable property contracted to transfer?
A.
Yes
B.
No
C.
Yes, only in certain circumstances
D.
None of the above
Answer: _________
Question 99:
For violation of decree of perpetual injunction, remedy
A.
Is to proceed under Order 21, Rule 32 of CPC (Code of Civil Procedure)
B.
Is to proceed by way of application for police protection
C.
Is to proceed through hostile possession
D.
Is not available under CPC (Code of Civil Procedure)
Answer: _________
Question 100:
Which of the following contract cannot be specifically enforced as per the provisions of Section 14 of the Specific Relief Act?
A.
A contract to marry B
B.
A contract with B,that in consideration of Rs. 1000 to be paid to him by B, he will paint a picture for B
C.
A, an author, contracts with B, A publisher, to complete a literary work
D.
All of the above
Answer: _________
Question 101:
Specific performance of a part of the contract, has been dealt with under which Section of the Specific Relief Act, 1963 -
A.
Section 9
B.
Section 10
C.
Section 11
D.
Section 12
Answer: _________
Question 102:
Under Section 26 of Specific Relief Act, the Court may direct to rectify an instrument so as to express the real intention of the parties
A.
If there is a mutual mistake of the parties
B.
Even if there is a mistake of only one party
C.
If there is a latent mistake
D.
If there is a patent mistake
Answer: _________
Question 103:
Rescission of contracts may be allowed if:
A.
Where the contract is voidable at the instance of the plaintiff
B.
When the contract is void
C.
Where the third party acquire the interest in the contract in good faith
D.
All of the above
Answer: _________
Question 104:
In case of cancellation under section 31 the relief of specific performance
A.
Can be supplemented
B.
Can be in the alternative
C.
Out of question
D.
All the above
Answer: _________
Question 105:
Section 11 of Specific Relief Act, 1963, provides for
A.
Specific performance of a part of the contract
B.
Specificperformance of contracts connected with trusts
C.
Defences respecting suits for relief based on contract
D.
Circumstances in which specific performance of a contract is enforceable
Answer: _________
Question 106:
Under Section 10 of the Specific Relief Act, which of the following can be specifically enforced?
A.
Contingent contract
B.
Contract to form partnerships
C.
Contract to get objects of historic value
D.
Marriage contract
Answer: _________
Question 107:
Which of the following is a correct statement?
A.
A contract made by trustee in excess of his powers can also be specifically enforced
B.
Suit for recovery of possession of immovable property by a person who has been dispossessed can be filed after expiry of one year of dispossession
C.
A contract, for the non-performance of which compensation in money is an adequate relief, is not specifically enforceable
D.
Suit for recovery of possession of immovable property by a person who has been dispossessed can also be brought against government
Answer: _________
Question 108:
Rescission cannot be granted
A.
Where the plaintiff has ratified the contract
B.
Where there is a valid contract
C.
Where the third party have acquired any interest under the contract
D.
All the above
Answer: _________
Question 109:
Section 11 of the Specific Relief Act, 1930 provides for
A.
Specific performance of a part of the contract
B.
Defence respecting suits for relief based on contract
C.
Specific performance of contracts connected with trusts
D.
Circumstances in which specific performance of a contract is enforceable
Answer: _________
Question 110:
Readiness may mean capacity of plaintiff to perform contract which includes
A.
Performance of plaintiff
B.
Potential of plaintiff
C.
Willingness of plaintiff
D.
Financial ability of plaintiff
Answer: _________
Question 111:
A suit filed by the plaintiff 'P' against 'V' under Section 6 of Specific Relief Act is decreed in favour of 'P'. The remedy against the decree for 'D' is to file
A.
An appeal
B.
Revision
C.
Review
D.
Both (A) and (B)
Answer: _________
Question 112:
A plaintiff prayed for declaration of a contract as void and in the alternative for the specific performance of the contract it is
A.
Legal
B.
Illegal
C.
Proper
D.
Irregular
Answer: _________
Question 113:
In a suit under Specific Relief Act, which section empowers court to engage experts
A.
Section 14
B.
Section 14-A
C.
Section 15
D.
Section 16
Answer: _________
Question 114:
Section 8 of the Specific Relief Act can be invoked against a person who has possession or control over the article
A.
True
B.
Party true
C.
False
D.
None of the above
Answer: _________
Question 115:
A contract made by a trustee in excess of his powers or in breach of trust
A.
Cannot be specifically enforced
B.
Can be specifically enforced
C.
Does not come under specification
D.
None of above
Answer: _________
Question 116:
Section 39 of Specific Relief Act deals with
A.
Registration of Instruments
B.
Cancellation of Instruments
C.
Correctness of Instruments
D.
None of the above
Answer: _________
Question 117:
Find out the incorrect statement in respect of temporary injunctions:
A.
Preventive relief granted at the discretion of the Court
B.
Such as are of continue until a specified time or until the further order of the Court
C.
Regulated by the Code of Civil Procedure
D.
Cannot be granted at any stage of a suit
Answer: _________
Question 118:
What is true of the Specific Relief Act?
A.
It is a procedural law
B.
It supplements the Code of Civil Procedure
C.
It is founded on English Law
D.
All of the above
Answer: _________
Question 119:
Specific Relief Act:- An injunction can be granted
A.
To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance
B.
To prevent a continuing breach in which the plaintiff has acquiescence
C.
To restrain the wrongfully sale of any property in dispute in a suit in execution of a decree
D.
To prevent the breach of a contract the performance of which would not be specifically enforced
Answer: _________
Question 120:
Explanation to section 10 of the Specific Relief Act, 1963, lays down
A.
Certain presumptions of fact
B.
Certain rebuttable presumptions of law
C.
Certain irrebuttable presumptions of law
D.
Certain conclusive presumptions
Answer: _________
Question 121:
Rescission may not be adjudged by the court where:
A.
The contract is voidable or terminable by the plaintiff
B.
The contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff
C.
Any person interested in a contract may sue to have it rescinded
D.
Where the plaintiff has expressly or impliedly ratified the contract
Answer: _________
Question 122:
Under section 32 an instrument can be cancelled in part when
A.
It relates to different rights
B.
It relates to different obligations
C.
The part to be cancelled is severable from the rest
D.
All the above
Answer: _________
Question 123:
Which of the following Sections deals with specific performance of a part of a contract:
A.
10
B.
11
C.
12
D.
13
Answer: _________
Question 124:
Character or right sought to be declared must be
A.
An existing right on the date of the suit or upto the date of decree
B.
Legal one
C.
Valid one
D.
All the above
Answer: _________
Question 125:
What is the effect of a decree of declaration of title passed by court?
A.
Binds the parties to the suit only
B.
It is a declaration against everybody
C.
Depends on the direction of court
D.
None of the above
Answer: _________
Question 126:
In which of the following cases, can declaration be refused
A.
Incases of vexatious litigations
B.
Incase of evasion of court fee
C.
Incase of multiplicity of suits
D.
All of the above
Answer: _________
Question 127:
Obligation as defined under section 2(a) of the Specific relief Act 1963 includes every . . . . . . . . is enforceable by law
A.
Duty
B.
Right
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 128:
A right under Section 34 of the Specific Relief Act must be -
A.
Abstract
B.
Contingent
C.
Specific
D.
Any of the above
Answer: _________
Question 129:
Obligation under Specific Relief Act
A.
Is a right in rem
B.
Is a right in personam
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 130:
Specific Relief Act:- Where in any suit for specific performance of contract or any part thereof is dismissed, then suit for breach for compensation
A.
Is barred
B.
Instituted with the permission of court
C.
Can be brought
D.
Permissible only in some circumstances
Answer: _________
Question 131:
Under Section 6 of Specific Relief Act a suit for recovery of possession of immovable property may be brought within . . . . . . . . from the date of dispossession
A.
6 Months
B.
3 Months
C.
1 Year
D.
3 Years
Answer: _________
Question 132:
When mandatory injunction cannot be issued-
A.
When the injury can be compensated by damages
B.
When the balance of convenience is in favour of the defendant
C.
Where the obstruction is permanent in nature
D.
Where there is a legal obligation on the part of the defendant to perform some positive act
Answer: _________
Question 133:
Under the Specific Relief Act, 1963, a suit for recovery of possession can be filed:
A.
Only in respect of moveable property
B.
Only in respect of immovable property
C.
In respect of both moveable and immovable properties
D.
Neither in respect of moveable nor in respect of immovable property
Answer: _________
Question 134:
Absence of Income-tax clearance under section 230 of Income Tax Act is . . . . . . . . . ground for refusing specific performance
A.
A valid
B.
Not a valid
C.
Conditional
D.
Unconditional
Answer: _________
Question 135:
Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the contract is:
A.
Small proportion
B.
Considerable part
C.
Equal part
D.
None of these
Answer: _________
Question 136:
Contract not specifically enforceable:
A.
A contract for the non performance of which compensation in money is an adequate relief
B.
A contract which runs into such minute or numerous detail
C.
A contract the performance of which involves the performance of continuous duty which the court cannot supervise
D.
All of the above
Answer: _________
Question 137:
A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument:
A.
By instituting a suit under Registration Act, 1908
B.
By filing an application under Section 151 of the Code of Civil Procedure, 1908
C.
By instituting a suit under Section 26 of the Specific Relief Act, 1963
D.
Cannot be rectified
Answer: _________
Question 138:
In cases of specific performance of a contract, the rights of the parties are governed by the principles of:
A.
Equity
B.
Law
C.
Equity & Law
D.
Only equity and not law
Answer: _________
Question 139:
Which one of the following contracts is specifically enforceable?
A.
A', an author, contracts with 'B', a publisher, to complete a literary work
B.
A' contracts to sell and 'B' contracts to buy a residential building
C.
'A' contracts to marry 'B'
D.
'A' contract by a guardian to purchase immovable property of behalf of a minor
Answer: _________
Question 140:
The limitation period for filing a suit by a person dispossessed of immovable property is
A.
Within six months from the date of dispossession
B.
Within six months from the date on which the petitioner comes to know of the dispossession
C.
Within twelve months from the date of possession
D.
Within twelve months from the date on which the petitioner comes to know of the dispossession
Answer: _________
Question 141:
Which of the following is incorrect:
A.
A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract
B.
Family arrangements (compromises) can be specifically enforced
C.
In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance
D.
There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid
Answer: _________
Question 142:
Under Specific Relief Act, 1963, Specific Relief may be granted
A.
For enforcing individual civil right
B.
For enforcing a Penal law
C.
For enforcing both Civil law and a Penal law
D.
For enforcing public rights
Answer: _________
Question 143:
A declaration can be sought by a person whose legal character or right to property not denied -
A.
True
B.
Partly true
C.
False
D.
None of the above
Answer: _________
Question 144:
In which of the following cases the "prohibitory injunction under the Specific Relief Act" was discussed?
A.
Sarvesh v. Smt. Sanju, AIR 2010 Uttra 16
B.
Mansha Ram v. Dr. Ved, AIR 2010 Uttra 14
C.
Daulat Ram v. Gopal Krishan, AIR 2010 Uttra 9
D.
Vijay Goyal v. State, AIR 2010 Uttra 12
Answer: _________
Question 145:
A suit filed by 'X' for a declaration that a one year old boy allegedly born to the defendant wife 'Y' was not his son.
A.
The suit is competent and maintainable under Section 34 of the Specific Relief Act, 1963
B.
Suit is not competent and maintainable under Section 34 of the Specific Relief Act, 1963
C.
The suit is expressly barred under Section 14 of the Specific Relief Act, 1963
D.
The suit is expressly barred under Section 38 of the Specific Relief Act, 1963
Answer: _________
Question 146:
Which of the following Sections of Specific Relief Act deals with recovery of specific immovable property?
A.
Section 3
B.
Section 4
C.
Section 5
D.
Section 6
Answer: _________
Question 147:
To claim specific performance of a contract, it is
A.
Necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract
B.
Necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract
C.
Necessary to prove that the plaintiff was ready and willing to perform his part of contract
D.
Even if not pleaded and proved accordingly the Court can draw such inference from the circumstances
Answer: _________
Question 148:
In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,
A.
In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff
B.
Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.
C.
Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.
D.
Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.
Answer: _________
Question 149:
In which of the following cases, performance of the contract would be specifically enforced by the Court
A.
A contract to marry
B.
A contract to give money on loan
C.
A contract to refer a dispute to arbitration
D.
A contract to sell a painting by a well-known dead painter
Answer: _________
Question 150:
Which of the following is a contract that cannot be specifically enforceable?
A.
A contract which is in its nature determinable
B.
A contract which is so dependent on the personal qualifications
C.
Both a contract which is in its nature determinable and also dependent on the personal qualifications
D.
Where the suit is for the purchase of a share of a partner in a firm
Answer: _________
Question 151:
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-
A.
Cancel it in part and allow it to stand for the residue
B.
Cancel it in whole
C.
Cannot cancel any part
D.
None of these
Answer: _________
Question 152:
A suit under section 7 may be brought by a person
A.
Who is not the owner of the property
B.
Who may not have the possession of the property
C.
From whose possession the goods may not have been removed
D.
Either (A), (B) or (C)
Answer: _________
Question 153:
Under which of the following circumstances a court can grant perpetual injunction?
A.
To prevent multiplicity of judicial proceedings
B.
When compensation in money would not afford adequate relief
C.
No standard for ascertaining actual damage exists
D.
All above
Answer: _________
Question 154:
The parties which cannot be compelled to perform specific performances of contract are provided in which section of Specific Relief Act:
A.
27
B.
28
C.
29
D.
30
Answer: _________
Question 155:
Section 41 of the Specific Relief Act, 1963 lays down the cases in which perpetual injunction -
A.
Can be granted
B.
Cannot the granted
C.
Both (A) and (B)
D.
Neilher (A) nor (B)
Answer: _________
Question 156:
Plaintiff has filed the suit for only declaration of title, though he is not in possession of suit property. The suit is barred under which provision of Specific Relief Act, 1963?
A.
Section 34
B.
Section 35
C.
Section 36
D.
Section 37
Answer: _________
Question 157:
A person is dispossessed of his immovable property without due course of law. In what period can he bring a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963?
A.
Three months
B.
Six months
C.
Nine months
D.
One year
Answer: _________
Question 158:
Under Section 12(2) of the Specific Relief Act, 1963 part performance of a Contract can be enforced by
A.
The promisor
B.
The promisee
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 159:
Contracts not specifically enforceable have been enumerated in:
A.
Section 14 of the Specific Relief Act, 1963
B.
Section 13 of the Specific Relief Act, 1963
C.
Section 12 of the Specific Relief Act, 1963
D.
Section 15 of the Specific Relief Act, 1963
Answer: _________
Question 160:
The engagement diamond ring of 'N' was stolen by 'T', a thief who sold it to 'J' a jeweller. 'N' filed a suit for recovery of ring against 'J'. 'J' contended that he is ready to pay the price of the ring. Whether the decree for recovery of diamond ring can be refused on the ground that
A.
Compensation in terms of money would be adequate relief for the loss of ring
B.
J' is bona fide purchaser of ring for consideration
C.
There is no jural relation between 'N' & 'J'
D.
None of these
Answer: _________
Question 161:
Sections 36 to 42 of Specific Relief Act provides
A.
Injunctions
B.
Court's discretion on specific performance
C.
Cancellation of instruments
D.
None of the above
Answer: _________
Question 162:
Specific Relief can be given in the form of
A.
Injunction
B.
Stay
C.
Specific remedy
D.
All of the above
Answer: _________
Question 163:
When to prevent breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, court may under Section 39 of Specific Relief Act, 1963 grant
A.
Mandatory Injunction
B.
Perpetual Injunction
C.
Prohibitory Injunction
D.
Specific Performance Decree
Answer: _________
Question 164:
In a Suit for Specific Performance of Contract, the plaintiff must aver and prove that
A.
He is always ready and willing to perform his part
B.
He has actually tendered the money to the defendant
C.
Both (A) and (B)
D.
None of these
Answer: _________
Question 165:
Mandatory injunctions under Section 39 of Specific Relief Act can be granted
A.
To prevent the breach complained of
B.
To compel performance of the requisite acts
C.
Both (A) and (B) above
D.
None above
Answer: _________
Question 166:
Which Section of the Specific Relief Act, 1963 provides that liquidation of damages is not a bar to specific performance?
A.
Section 12
B.
Section 15
C.
Section 23
D.
Section 28
Answer: _________
Question 167:
Under which circumstances an injunction cannot be granted under section 41 of the Specific Relief Act, 1963 to
A.
Restrain any person from prosecuting a judicial proceedings
B.
Restrain any person from applying to any legislative proceedings
C.
Both (A) and (B)
D.
Only (A) and not (B)
Answer: _________
Question 168:
Which of the following remedies is available when an instrument does not express real intention due to fraud or mutual mistake of the parties?
A.
Cancellation of instrument
B.
Recession of instrument
C.
Rectification of instrument
D.
Grant of Injunction
Answer: _________
Question 169:
Under Section 6 of the Specific Relief Act, the suit can be brought by
A.
A servant
B.
A manager
C.
A tenancy by holding over
D.
A trespasser
Answer: _________
Question 170:
Which of the following is incorrect with reference to Section 6 of the Specific Relief Act, 1963:
A.
This section bars a person from suing to establish his title to the property
B.
No suit under this section shall be brought against the Government
C.
No appeal lies from an order or decree passed in any suit instituted under this section
D.
None of the above
Answer: _________
Question 171:
Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
A.
Possession, or partition and separate possession, of the property, in addition to such performance
B.
Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 172:
Jurisdiction of the court to enforce specific performance of a contract is
A.
Absolute
B.
Discretionary
C.
General and exceptional
D.
Extensive
Answer: _________
Question 173:
The declaration given under Section 34 of the Specific Relief Act is binding on whom?
A.
Only on the parties to the Suit
B.
On the persons claiming through parties to the Suit
C.
Trustee of the trust which is party to the Suit
D.
All of the above
Answer: _________
Question 174:
Find out the correct statement. Specific Relief can be granted:
A.
For enforcing individual civil rights and not for enforcing a penal law
B.
For enforcing penal law and not for enforcing civil right
C.
Only for enforcing penal law
D.
For enforcing civil rights and a penal law
Answer: _________
Question 175:
Specific performance of contract is allowed where
A.
The plaintiff is not entitled to recover compensation
B.
The defendant is incompetent to perform the contract
C.
Compensation is not the adequate relief
D.
The defendant has died
Answer: _________
Question 176:
For Section 12(4) of the Specific Relief Act, 1963, to apply:
A.
The parts of the contract must be divisible
B.
The part that can be specifically enforced in independent and separate from the other part
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 177:
Specific performance of contract to build or repair can be ordered
A.
Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
B.
Where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages
C.
Where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages
D.
All the above
Answer: _________
Question 178:
Contracts not specifically enforceable have been enumerated in which Section of the Specific Relief Act, 1963 -
A.
Section 11
B.
Section 12
C.
Section 13
D.
Section 14
Answer: _________
Question 179:
The question of title is:
A.
Relevant under section 6 of the Specific Relief Act, 1963
B.
Irrelevant under section 6 of the Specific Relief Act, 1963
C.
Question of title is not a provision under the Specific Relief Act, 1963
D.
None of the above
Answer: _________
Question 180:
Specific performance of a part of the contract, has been dealt with under:
A.
Section 9 of the Specific Relief Act, 1963
B.
Section 10 of the Specific Relief Act, 1963
C.
Section 11 of the Specific Relief Act, 1963
D.
Section 12 of the Specific Relief Act, 1963
Answer: _________
Question 181:
In a suit for specific performance of contract, in which compensation has not been claimed. Fresh suit for compensation
A.
Is maintainable
B.
Is barred
C.
Is maintainable if filed with in limitation
D.
None of these
Answer: _________
Question 182:
Which of the following does not have to be pleaded in an application for temporary injunction?
A.
Malafide intentions of the opposite party
B.
Irreparable harm to the applicant
C.
Prima facie case
D.
Balance of convenience in favour of the applicant
Answer: _________
Question 183:
Which of the following contracts cannot be specifically enforced:
A.
A contracts to sell to B a certain number of railway shares of a particular description. A refuse to complete the sale
B.
A holds certain stocks in trust of B. A wrongfully disposes of the stock
C.
A is a trustee of land with power to lease it for 7 years. He enters into a contract with B to grant a lease of the land for 7 years with a covenant to renew the lease at the expiry of the term
D.
All of the above
Answer: _________
Question 184:
Cases in which specific performance of contract is enforceable
A.
When it is not possible to ascertain the actual damage caused by the non-performance of the act agreed to be done
B.
For breach of contract compensation in money, would not afford adequate relief
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 185:
A suit for rescission of contract by any person having interest in it, can be decreed in his favour
A.
Where the contract is terminable by defendant
B.
Where the contract is voidable at the option of plaintiff
C.
Where the contract is contingent
D.
None of the above
Answer: _________
Question 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
Answer: _________
Question 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
Answer: _________
Question 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
Answer: _________
Question 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
Answer: _________
Question 190:
The relief provided under the Specific Relief Act, is:
A.
Discretionary
B.
Mandatory
C.
Statutory
D.
Obligatory
Answer: _________
Question 191:
Under section 10 of the Specific Relief Act, 1963, which of the following contracts can be specifically enforced
A.
A written agreement whereby the defendant had agreed with the plaintiff to take the lease of a house for a certain term at a certain rent subject to the preparation and approval of a formal contract, no other contract has even been entered into between the parties
B.
An agreement to transfer certain properties subject to sanction by the sanctioning authority
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 192:
For granting specific performance of a contract for the construction of any building, the following conditions has/have to be fulfilled?
A.
The building is described in the contract in terms sufficiently precise to enable the Court to determine the exact nature of the building
B.
The plaintiff has sufficient interest in the performance of the contract and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief
C.
The defendant has, in pursuance to the contract, obtained possession of the whole or any part of the land on which the building is to be constructed
D.
All of the above
Answer: _________
Question 193:
S' a shopkeeper has kept the goods for sale on the pavement outside the shop and constructed temporary overhead shed. Flying squad of NCT of Delhi demolished the temporary construction and seized the goods from the payment, without giving him any notice. After one year, 'S' filed a suit for recovery of possession of pavement against NCT of Delhi under Section 6 of Specific Relief Act, 1963. The suit is barred as filed
A.
Against the Government
B.
After the period prescribed
C.
Without the title over the pavement
D.
Both (A) and (B)
Answer: _________
Question 194:
In a suit for injunction, under section 40 of the Specific Relief Act, 1963, damages:
A.
Cannot be awarded
B.
Can be awarded in addition to the injunction
C.
Can be awarded in lieu of the injunction
D.
Can be awarded either in addition to or in substitution for the injunction
Answer: _________
Question 195:
Whether a suit by a social club for a decree of perpetual injunction against police is maintainable to restrain them from filing criminal proceedings, as according to the plaintiff the police harass it?
A.
Yes
B.
No
C.
Discretion of court
D.
None of the above
Answer: _________
Question 196:
Dismissal of the suit of the plaintiff seeking injunction by virtue of Section 40 of the Specific Relief Act, 1963 the plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court
A.
True
B.
Partly true
C.
False
D.
None of the above
Answer: _________
Question 197:
In a suit for specific performance . . . . . . . . is necessary party to proceedings
A.
Vendors
B.
Subsequent purchaser
C.
Mortgagee bank
D.
None of the above
Answer: _________
Question 198:
When an instrument in writing does not express the real intention, then either party may institute a suit for:
A.
Cancellation of instrument
B.
Rectification of instrument
C.
Rescission of instrument
D.
Impounding of instrument
Answer: _________
Question 199:
To prevent a continuing breach in which the plaintiff has acquiesced, a court:
A.
Can grant perpetual injunction
B.
Can grant mandatory injunction
C.
Can grant prohibitory injunction
D.
Cannot grant injunction
Answer: _________
Question 200:
A leaves an elephant in B's Charge, C wrongfully takes away the elephant from B. Can B sue C for possession of elephant
A.
Yes
B.
No
C.
Depends
D.
None of the above
Answer: _________
Question 201:
An order or decree passed in a suit presented under Section 6 of the Specific Relief Act is
A.
Appealable
B.
Reviewable
C.
Neither Appealable nor Re-viewable
D.
Appealable & Reviewable Both
Answer: _________
Question 202:
By virtue of Section 6 of the Specific Relief Act, a suit for possession of an immovable property can be filed within a period of . . . . . . . . of dispossession.
A.
3 years
B.
3 months
C.
6 months
D.
1 year
Answer: _________
Question 203:
Perpetual injunction is -
A.
Ajudicial process
B.
The thing prevented is a wrongful act
C.
Preventive in nature
D.
All the above
Answer: _________
Question 204:
As per Section 34 of the Specific Relief Act, 1963 no court shall make any such declaration in a case where
A.
Plaintiff is entitled to any legal character
B.
Plaintiff is entitled to any right as to any property
C.
Plaintiff being able to seek further relief than a mere declaration of title, omits to do so
D.
None above
Answer: _________
Question 205:
Under Section 36 of the Specific Relief Act, 1963, the preventive relief is granted by
A.
Declaration
B.
Specific performance
C.
Injunction
D.
None of the above
Answer: _________
Question 206:
An injunction cannot be granted
A.
To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which injunction is sought
B.
To restrain any person from applying to any legislative body
C.
To restrain any person from instituting or prosecuting any proceeding in a criminal matter
D.
All the above
Answer: _________
Question 207:
A', a singer, has entered into contract with 'B' for giving performance. Subsequently 'A' commits breach of contract. What remedy is available to 'B'?
A.
B' can file suit for specific performance of contract against 'A'
B.
B' can file suit for injunction against 'A'
C.
B' can claim damages for 'A'
D.
B' can rectify the contract
Answer: _________
Question 208:
In a suit for specific performance of contract for sale, the plaintiff should allege that
A.
Same
B.
He will be ready and willing to perform his part of the contract
C.
Both are correct
D.
Both are incorrect
Answer: _________
Question 209:
Section 7 does not apply to
A.
Money & currency notes
B.
Wrongful taking of the property
C.
Wrongful detaining of the property
D.
Wrongful disposal of the property
Answer: _________
Question 210:
A mandatory injunction is:
A.
Retrospective in operation
B.
Prospective in operation
C.
Concurrent in operation
D.
Both (B) and (C)
Answer: _________
Question 211:
Specific Relief Act:- The specific performance of a contract may be obtained by-
A.
Any party thereto
B.
The representative in interest of any party thereto
C.
The principal of any party thereto
D.
All of these
Answer: _________
Question 212:
Recovery of specific immovable property may be made under Section 5 of the Specific Relief Act, according to the
A.
Law of the Transfer of Property Act
B.
Law of the Contract Act
C.
Law of the Sale of Goods Act
D.
Law of the Code of Civil Procedure
Answer: _________
Question 213:
Specific performance as a remedy for breach of contract exists in-
A.
Section 73 of the Indian Contract Act
B.
Section 74 of the Indian Contract Act
C.
Section 10 of the Indian Contract Act
D.
The Specific Relief Act
Answer: _________
Question 214:
In which of the sections of Specific Relief Act is the specific performance of contract enforceable?
A.
Section 10
B.
Section 14
C.
Section 16
D.
Section 18
Answer: _________
Question 215:
No Court shall declare that the plaintiff is entitled to a right
A.
If he is minor
B.
If he is able to seek further relief than mere declaration but omits to do so
C.
If he is insane
D.
If his right is based on a contingent contract
Answer: _________
Question 216:
Specific Relief Act:- What is true in respect of mandatory injunction?
A.
Compels the performance of certain positive acts
B.
Is awarded where the temporary Injunction is meaningless
C.
Is retrospective in nature as restores things to their former conditions
D.
All of these
Answer: _________
Question 217:
Perpetual injunction under section 38 can be granted
A.
When there exists no standard for ascertaining the actual damages caused
B.
When compensation would not afford adequate relief
C.
When the defendant is a trustee of the property for the plantiff
D.
All the above
Answer: _________
Question 218:
No suit under section 6 of the Act for recovery of possession of immovable property, may not be instituted by a person dispossessed without his consent:-
A.
Against the government
B.
After expiry of three months from the date of dispossession
C.
If the suit is instituted by any person claiming through him
D.
If the suit is also to establish the title along with recovery of possession
Answer: _________
Question 219:
Specific Relief Act: Which of the following contracts cannot be specifically enforced
A.
A contact for which is in its nature determinable
B.
A contract the non performance of which compensation in money is not an adequate relief
C.
A contract the performance of which not involves the performance of a continuous duty which the court can supervise
D.
A contract from its nature is such, that the Court can enforce specific performance of its material terms
Answer: _________
Question 220:
A Court is empowered to grant in injunction to perform the negative agreement:
A.
Where the contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement not to do a certain act
B.
In all cases where a contract comprises an affirmative agreement to do a certain act
C.
Only in the case of contracts of musical performance
D.
Only in the case of contracts of stage performance musical or theatrical
Answer: _________
Question 221:
Dismissal of the suit of the plaintiff seeking injunction by virtue of section 40 of the Specific Relief Act, 1963
A.
Does not bar the plaintiff to sue for damages for the breach for which the injunction was sought
B.
The plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court
C.
Bars the plaintiff to sue for damages for the breach for which the injunction was sought
D.
Either (B) or (C)
Answer: _________
Question 222:
Section 12 of the Specific Relief Act deals with:
A.
Rectification of instrument
B.
Personal bars to relief
C.
Specific performance of part of contract
D.
Cancellation of instruments
Answer: _________
Question 223:
Under section 6 of the Specific Relief Act suit by person dispossessed of immovable property shall not be brought
A.
After the expiry of one year from the date of dispossession
B.
After the expiry of six months from the date of dispossession
C.
After the expiry of three months from the date of dispossession
D.
After the expiry of six weeks from the date of dispossession
Answer: _________
Question 224:
Any instrument may be rectified under the Specific Relief Act, 1963 in
A.
Section 6
B.
Section 16
C.
Section 36
D.
Section 26
Answer: _________
Question 225:
A Court may not exercise its discretion to decree specific performance of a contract when
A.
The contract gives the plaintiff an unfair advantage over the defendant
B.
When there exists no measure for ascertaining actual damage from breach of such contract
C.
The contract is voidable at the option of plaintiff
D.
It involves some hardship to the defendant which he could foresee
Answer: _________
Question 226:
Under Section 6 of the Specific Relief Act, 1963, a suit for possession of an immovable property can be filed within:
A.
30 days of dispossession
B.
3 months of dispossession
C.
6 months of dispossession
D.
1 year of dispossession
Answer: _________
Question 227:
Section 8 of the Specific Relief Act can be invoked:
A.
Against a person who has possession or control over the article
B.
Against a person who is the owner of the article claimed
C.
By a person not entitled to the possession of the article
D.
In respect of an ordinary article
Answer: _________
Question 228:
An instrument is not "settlement" under the Specific Relief Act
A.
Whereby an interest in the property is devolved by a will
B.
Whereby devolution of an interest in a movable property is disposed of
C.
Whereby devolution of successive interests in an immovable property is disposed of
D.
Whereby devolution of interest in an immovable property is only agreed to be disposed of
Answer: _________
Question 229:
The general principles on which the perpetual injunctions could be granted are contained in . . . . . . . of the Specific Relief Act, 1963.
A.
Section 37
B.
Section 38
C.
Section 39
D.
Section 40
Answer: _________
Question 230:
The Relief by way of mandatory injunction is:
A.
Prohibitory
B.
Mandatory
C.
Discretionary
D.
None of these
Answer: _________
Question 231:
Perpetual injunction under Section 38 of the Specific Relief Act can be granted when -
A.
Compensation would not afford adequate relief
B.
The defendant is a trustee of the property for the plaintiff
C.
There exists no standard for ascertaining the actual damages caused
D.
All the above
Answer: _________
Question 232:
What is the distinction between injunction order and attachment order?
A.
There is no distinction, both are one and the same
B.
Injunction order binds not only the parties to the suit but also third parties and whereas attachment order binds only parties to the suit
C.
Injunction order binds only the parties to the suit and whereas attachment order not only binds the parties to the suit but also the third parties
D.
None of the above
Answer: _________
Question 233:
Which of the following kind of remedy cannot be granted under the provisions of Specific Relief Act, 1963?
A.
Declaratory decrees
B.
Rescission of contracts
C.
Writ of prohibition
D.
Recovery of possession of property
Answer: _________
Question 234:
Injunction is granted
A.
To prevent torts
B.
To restrain breaches of contracts
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 235:
Cancellation under section 31 relates to
A.
Mistake in expression of any instrument
B.
Formation of the instrument
C.
Ratification of the instrument
D.
All the above
Answer: _________
Question 236:
In case of Jagannath Dhali v. Ram Chandra Madal, AIR 2010 Cal 32 which of the following issues was discussed?
A.
Compulsory Registration
B.
Effect of non-registration
C.
Power of Registrar
D.
Power of Inspector-General
Answer: _________
Question 237:
Under Section 20C of Specific Relief Act, for disposal of a suit, maximum period is provided for . . . . . . . . ?
A.
9 months
B.
18 months
C.
24 months
D.
36 months
Answer: _________
Question 238:
Within the meaning of Section 15 of the Specific Relief Act, the assignee falls
A.
Within the meaning of representative in interest or principal
B.
Representative of interest only
C.
Representative of principal only
D.
None of the above
Answer: _________
Question 239:
Mere possession of title is
A.
Enough to maintain an action under Section 5 of the Specific Relief Act, 1963
B.
Not enough to maintain an action under Section 5 of the Specific Relief Act, 1963
C.
Only (B) is correct
D.
None of the above
Answer: _________
Question 240:
The words and expressions used in the Specific Relief Act, but not defined in the Act, have meaning as defined in the
A.
General Clauses Act
B.
Indian Contract Act
C.
Transfer of Property Act
D.
Civil Procedure Code
Answer: _________
Question 241:
In a suit for specific performance of contract the plaintiff can seek a relief only if he establishes that:
A.
Prima facie case is in his favour
B.
He was willing and ready to perform his part of the contract
C.
Balance of Convenience is in his favour
D.
He may suffer irreparable loss
Answer: _________
Question 242:
Consider following facts regarding effect of declaration made under section 34 of Specific Relief Act:- 1. Declaration is binding on the parties to the suit and persons claiming through them respectively. 2. Declaration binds all those persons who have knowledge of the suit and knowingly they do not become parties.
A.
1 is right
B.
2 is right
C.
1 & 2 both are right
D.
1 & 2 both are wrong
Answer: _________
Question 243:
A declaration made under the Specific Relief Act is binding on
A.
The parties to the suit
B.
Persons claiming through (A)
C.
Both (A) and (B)
D.
None of these
Answer: _________
Question 244:
A suit for possession under section 5 of Specific Relief Act, can be filed within
A.
3 years
B.
6 months
C.
12 years
D.
30 years
Answer: _________
Question 245:
Which Section of the Specific Relief Act, 1963 deals with the bar of the suit for compensation for breach after dismissal of suit for specific performance?
A.
Section 12
B.
Section 24
C.
Section 15
D.
Section 30
Answer: _________
Question 246:
Dismissal of the suit of the plaintiff seeking injunction by virtue of Section 40 of the Specific Relief Act, 1963 bars the plaintiff to sue for damages for the breach for which the injunction was sought.
A.
True
B.
Party true
C.
False
D.
None of the above
Answer: _________
Question 247:
Remedy of rectification available under Section 26 Specific Relief Act, 1963 relates to:
A.
Mistake in expression of contract only
B.
The contract itself, i.e. the formation of the contract
C.
Matters which were overlooked by the parties
D.
Addition of terms in the agreement which was not considered
Answer: _________
Question 248:
Defendant is in possession of 120 cotton bales as agent of the Plaintiff. Plaintiff files suit for specific performance of the contract against the defendant to compel delivery of the same. The relief claimed can be refused on the ground
A.
Compensation in terms of money would afford adequate relief
B.
It would be difficult to ascertain actual damage
C.
Both (A) and (B)
D.
None of these
Answer: _________
Question 249:
The grant or refusal of relief of declaration and injunction under the provisions of Section 34 of the Specific Relief Act is
A.
Discretionary
B.
Mandatory
C.
Prohibitory
D.
None of the above
Answer: _________
Question 250:
Limitation to file suit for recovery of specific immovable property under Section 6 of Specific Relief Act is . . . . . . . .
A.
Three years
B.
Six months
C.
Twelve years
D.
One year
Answer: _________
Question 251:
The plaintiff proves that there is a breach of contract to transfer an immovable property.
A.
The court shall grant decree for specific performance
B.
The court has discretion to grant or refuse such decree
C.
Superior court's direction necessary
D.
None of the above
Answer: _________
Question 252:
Time limit for discovery of mistake or fraud under section 26 of Specific Relief Act, 1963 is
A.
6 months
B.
3 months
C.
1 year
D.
No time limit
Answer: _________
Question 253:
The Jurisdiction to decree of specific performance is discretionary and the Court is not bound to grant such relief merely because it is lawful to do so. These words are taken from which section of Specific Relief Act 1963?
A.
Section 19
B.
Section 20
C.
Section 21
D.
Section 22
Answer: _________
Question 254:
An agreement to form a partnership
A.
Is enforced as a general rule
B.
Is enforced where parties have in part performance of the contract carried on the partnership business
C.
Either (A) or (B)
D.
Neither (A) nor (B)
Answer: _________
Question 255:
The grant of decree of specific performance for the court is:
A.
Discretionary
B.
Mandatory
C.
Arbitrary
D.
Obligatory
Answer: _________
Question 256:
The objection as to maintainability of suit of declaration without further relief
A.
Must be taken at the earliest stage
B.
Can be taken at any step of the proceedings
C.
Can be taken for the first time in appeal
D.
All the above
Answer: _________
Question 257:
Saroja was granted government land. She was dispossessed without her consent. She instituted suit against the government under Section 6 of Specific Relief Act, 1963, for recovering possession of the property. The court rejected the plaint under Order VII Rule 11(D) of CPC (Code of Civil Procedure). Whether rejection is proper?
A.
Yes, because suit under Section 6 against the government would not lie
B.
Rejection of plaint is improper
C.
Plaintiff must be given opportunity to rectify the mistakes
D.
None of the above
Answer: _________
Question 258:
The suit for recovery of possession of an immovable property under Section 6 of Specific Relief Act can be filed against:
A.
A private individual
B.
The Government
C.
Private individual and the Government
D.
None of the above
Answer: _________
Question 259:
Provision regarding grant of mandatory injunction has been made under which of the following sections of Specific Relief Act, 1963
A.
Section 31
B.
Section 35
C.
Section 39
D.
Section 43
Answer: _________
Question 260:
A suit for recovery of possession based on the previous possession of a person can be filed by such a person even against real owner of that property who has dispossessed him
A.
Within one year of his dispossession
B.
Within three years of the dispossession
C.
Within six months of his dispossession
D.
Is not maintainable
Answer: _________
Question 261:
Mandatory injunction is granted under Specific Relief Act in:
A.
Section 37
B.
Section 38
C.
Section 39
D.
Section 41
Answer: _________
Question 262:
Which of the following is a leading case on specific performance of a contract involving personal skills
A.
Lumely v. Wagner
B.
Willmot v. Barber
C.
Rigby v. Cannol
D.
None of the above
Answer: _________
Question 263:
Under Section 9 of the Specific Relief Act, 1963, the defendant may plead his defence under the:
A.
Law of Contracts
B.
Code of Civil Procedure
C.
Transfer of Property Act
D.
None of the above
Answer: _________
Question 264:
Recovery of specific immovable property is defined
A.
Section of 5 of Specific Relief Act
B.
Section 120(B) of IPC (Indian Penal Code)
C.
Under section 10 of Sale of Goods Act
D.
None of the Above
Answer: _________
Question 265:
Which of the following is not correct, regarding Section 6 of the Specific Relief Act, 1963?
A.
The period of limitation, for filing a suit thereunder, is 6 months
B.
No suit, against the Government, can be brought under the said Section
C.
The order, or decree, passed under the said Section, is immune from challenge, by appeal as well as by review
D.
It would be necessary for the plaintiff, in such a case, to prove absolute title to the property
Answer: _________
Question 266:
In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that:
A.
His readiness and willingness to perform the contract
B.
Only, his readiness to perform the contract
C.
Only, his willingness to perform the contract
D.
Only his potential to perform the contract
Answer: _________
Question 267:
In terms of Section 26 of the Specific Relief Act, an instrument:
A.
Can never be rectified
B.
May be rectified
C.
May be rectified only when it fails to express the real intention of the party due to fraud
D.
May be rectified only when it fails to express the real intention of the parties due to fraud or manual mistake of the party
Answer: _________
Question 268:
Which of the following statements are true regarding a decree of declaration? (1) It creates no new rights. (2) It cannot be prayed as a matter of right. (3) If all the parties are not joined, declaration cannot be granted. (4) Such a decree is conclusive between the parties to it and persons litigating through them.
A.
(1), (2), (3), (4)
B.
(1), (3), (4)
C.
(1), (2), (3)
D.
(1) and (2)
Answer: _________
Question 269:
The following contracts cannot be specifically enforced, namely
A.
A contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such that the Court cannot enforce specific performance of its material terms
B.
A contract which is in its nature determinable
C.
Both (A) and (B)
D.
Neither (A) nor (B)
E.
When it is not possible to ascertain the actual damage caused by the non-performance of the act agreed to do done
F.
A contract for the performance of which involves the performance of a continuous duty which the Court cannot supervise
G.
Both (A) and (B)
H.
Neither (A) and (B)
Answer: _________
Question 270:
Specific performance of any contract may, in discretion of the court, be enforced
A.
When there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done
B.
When the Act agreed to be done is such that compensation in money for its non-performance would not afford inadequate relief
C.
Both (A) and (B)
D.
None of above
Answer: _________
Question 271:
The circumstances under which a perpetual injunction can be granted have been enumerated under:
A.
Section 36 of the Specific Relief Act, 1963
B.
Section 37 of the Specific Relief Act, 1963
C.
Section 38 of the Specific Relief Act, 1963
D.
Section 39 of the Specific Relief Act, 1963
Answer: _________
Question 272:
Sub-section (1) of section 27 of specific Relief Act provides that the Court may allow the relief of rescission in the following cases:
A.
Where the contract is voidable or terminable by the plaintiff
B.
Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed
C.
Where the position of the parties has been altered to such an extent that they cannot be put back to their original status
D.
Both (A) and (B)
Answer: _________
Question 273:
A defendant in a suit for recovery of possession of immovable property,
A.
Can take the plea of lawful title and in the alternative the plea of adverse possession
B.
Cannot take the plea of lawful title and in the alternative the plea of adverse possession as the two are antithetical to each other
C.
Can take a plea "of lawful" title and in the alternative the plea of adverse possession and succeed on both
D.
Can take a plea of lawful title and in the alternative the plea of adverse possession and succeed on either
Answer: _________
Question 274:
In which of the following cases would the specific performance of any contract not be enforced by the Court?
A.
Where the property is not an ordinary article of commerce
B.
Where the property consists of goods which are not easily obtainable in the market
C.
Where compensation in money can be afforded for non-performance of the contract as an adequate relief
D.
Where there exists no standard for ascertaining the actual damage caused by non-performance of the contract
Answer: _________
Question 275:
What is/are case(s) in which specific performance of contract is enforceable:
A.
When there exists no standard for ascertaining the actual damage caused by the non-performance
B.
When the act agreed to be done is such that compensation in money, for its non-performance would not afford adequate relief
C.
When prima facie case is in favour of plaintiff
D.
Both (A) and (B)
Answer: _________
Question 276:
Section 8 can be invoked
A.
If compensation in money is an adequate relief
B.
If the damages can be easily ascertained
C.
If the article is held by the person as agent or trustee of the claimant
D.
If the article has been rightly transferred from the claimant
Answer: _________
Question 277:
Under Section 12 of the Specific Relief Act, 1963, the general rule is that
A.
The specific performance of a part of the contract can be granted
B.
The specific performance of a part of the contract shall not be granted
C.
The specific performance of a part of the contract may not be granted
D.
A contract can be performed in piece-meal
Answer: _________
Question 278:
Court's power to award compensation is provided in Specific Relief Act
A.
Under Section 20
B.
Under Section 21
C.
A and B
D.
None of the above
Answer: _________
Question 279:
In a suit under section 6
A.
Title of the plaintiff is relevant
B.
Title of dispossessor is relevant
C.
The defendant is allowed to prove his title
D.
None of the above
Answer: _________
Question 280:
Injunction cannot be granted
A.
In contract which can be specifically enforced
B.
In contract which cannot be specifically enforced
C.
Irrespective of whether the contract is specifically enforceable or not
D.
Either (B) or (C)
Answer: _________
Question 281:
The following contract cannot be specifically enforced-
A.
A contract in which the executant dies subsequently
B.
A contract in which the executant subsequently becomes insane
C.
A contract which is in its nature determinable
D.
A contract, non-performance of which cannot be compensated in terms of money as adequate relief
Answer: _________
Question 282:
Which of the contracts cannot be specifically enforced
A.
A contract which is in its nature determinable
B.
A contract for the non-performance of which compensation in money is an adequable relief
C.
A and B
D.
None of the above
Answer: _________
Question 283:
Which of the following Sections lays down the rule that the discretionary power of the Court to grant specific performance is not arbitrary but sound and reasonable?
A.
10
B.
14
C.
20
D.
None of the above
Answer: _________
Question 284:
Specific performance of contract means
A.
Actual execution of the contract according to its stipulations
B.
Claim of damages or compensation for non-execution of contract
C.
Either (A) or (B)
D.
Neither (A) nor (B)
Answer: _________
Question 285:
Injunctions cannot be granted in a suit:
A.
In which the specific performance cannot be enforced
B.
For breach of negative contract to enforce specific performance
C.
For declaration where the plaintiff in possession
D.
Neither (A) nor (B) nor (C)
Answer: _________
Question 286:
Which of the following features of a temporary injunction is not true?
A.
It may continue until a specific time
B.
It may continue until the further order of the court
C.
May be granted at any stage of a suit
D.
It is not regulated by Code of Civil Procedure
Answer: _________
Question 287:
Under Section 33 of the Specific Relief Act, 1963, the compensation is payable, if:
A.
The party received the benefit
B.
The contract is without consideration
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 288:
Which Section of Specific Relief Act prohibits filing a case against the government?
A.
Section 5
B.
Section 6
C.
Section 7
D.
Section 8
Answer: _________
Question 289:
Preventive relief is granted at the discretion of the court
A.
By injunction temporary or permanent
B.
By injunction, temporary
C.
By injunction permanent only
D.
None of above
Answer: _________
Question 290:
Which of the following proposition is not correct?
A.
It is not practicable for a court of law to force the likings of the parties to enter into wedlock and therefore, contracts for betrothal and marriage, cannot be enforced in specie
B.
A contract to take a loan cannot be specifically enforced, because compensation can afford adequate relief
C.
A contract which is dependent on the personal qualifications or volition of the parties can be specifically enforced
D.
A contract by a guardian to purchase immovable property on behalf of a minor can be specifically enforced, provided there is competency of the guardian and legal necessity
Answer: _________
Question 291:
The provision of liquidated damages or penalty in a contract in the event of breach
A.
Is not sufficient to rebute the presumption under section 10 of the Specific Relief Act, 1963
B.
Is sufficient to rebute presumption under section 10 of the Specific Relief Act, 1963
C.
Liquidated damage is not a subject under the Specific Relief Act, 1963
D.
None of above
Answer: _________
Question 292:
Under Section 34 of the Specific Relief Act, a declaration can be sought by:
A.
A person having a legal character or a right as to property which is denied
B.
A person whose legal character or right to property is not denied
C.
A stranger who has no interest
D.
None of the above
Answer: _________
Question 293:
An injunction under the Specific Relief Act can be granted to restrain:
A.
The theft
B.
The murder
C.
The publication of a defamatory statement
D.
None of the above
Answer: _________
Question 294:
Section 20A was inserted in to the Specific Relief Act in respect of special provisions of contracts which are
A.
Infrastructure projects
B.
Land agreements
C.
Mergers and Acquisitions
D.
None of these
Answer: _________
Question 295:
No suit for recovery of possession may be instituted by a person dispossessed without his consent of immovable property otherwise than in due course of law?
A.
Against the government
B.
After the expiry of three months from the date of dispossession
C.
If the suit is instituted by any person claiming through him
D.
If the suit is instituted to establish the title of the person to such property and due to recover possession thereof
Answer: _________
Question 296:
Section 10 of the Specific Relief Act, 1963, as amended by Act No. 18 of 2018 relates to
A.
Specific performane contracts
B.
Voidable contracts at the instance of party
C.
Contracts of marriages
D.
None of the above
Answer: _________
Question 297:
A plaintiff, in a suit based upon contract for sale, may seek the relief of rescission of contract
A.
In alternative to the relief of specific performance
B.
Even after the decree for specific performance, under certain circumstances
C.
If it is voidable by him
D.
In all of them
Answer: _________
Question 298:
Specific performance of a contract:
A.
Will be ordered generally where damages are an adequate relief
B.
May be ordered where damages are an adequate remedy
C.
Will never be ordered if damages are an adequate remedy
D.
May not be ordered if damages are an adequate remedy
Answer: _________
Question 299:
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A.
Section 35
B.
Section 36
C.
Section 37
D.
None of the above
Answer: _________
Question 300:
Which of the following statements is wrong? Perpetual injunction
A.
Is granted by a decree
B.
Can be granted without notice to and hearing the defendant
C.
Can never be granted without notice to and hearing the defendant
D.
Can be granted on merits only
Answer: _________
Question 301:
Suit for specific performance is claimed when applicant is . . . . . . . . .
A.
Necessary party
B.
Proper party
C.
Neither (A) nor (B)
D.
Both (A) and (C)
Answer: _________
Question 302:
Point out - On which of the following ground the court shall not refuse the decree of specific performance.
A.
In a contract, where plaintiff has been given an unfair advantage over the defendant
B.
In a case where the contract is not enforceable at the instance of the other party
C.
Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance
D.
Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff
Answer: _________
Question 303:
Section 41 of the Specific Relief Act, 1963 mentions the cases in which
A.
Perpetual injunction can be granted
B.
Perpetual injunction cannot be granted
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 304:
A claim for damages in a suit for injunction can be laid down
A.
Under Section 38 of the Specific Relief Act
B.
Under Section 39 of the Specific Relief Act
C.
Under Section 40 of the Specific Relief Act
D.
Under Section 37 of the Specific Relief Act
Answer: _________
Question 305:
A pledged certain jewel with B. On a complaint by C, the police seized the jewels and deposited them in the Court. Can they recover the jewels by filing a suit under Section 7 of the Specific Relief Act?
A.
Yes
B.
No
C.
Depends
D.
None of the above
Answer: _________
Question 306:
Which is incorrect of temporary injunctions
A.
Continues until a specific time
B.
Finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing
C.
Can be granted ex-parte
D.
Preserves the property in dispute in status quo till the disposal of the suit
Answer: _________
Question 307:
Where a decree for specific performance of a contract for sale of immovable property has been made and the purchaser within the period allowed by the court does not pay the purchase money which the court has ordered him to pay:
A.
The vendor may apply in the same suit in which the decree is made, to have the contract rescinded
B.
The purchaser may apply in the same suit in which the decree is made to have the contract rescinded and for a direction to the vendor to refund the earnest money/advance consideration received till then along with cost of the suit
C.
The vendor can forfeit the earnest money
D.
The vendor has to file a fresh suit for recovery of purchase money
Answer: _________
Question 308:
Under Section 8 of the Specific Relief Act, a person, shall not be entitled to specific relief of the delivery of a movable property, in which of the following cases
A.
When thing claimed is held by defendant as agent or trustee of the plaintiff
B.
When compensation in money would be adequate relief for the loss of the thing claimed
C.
When it would be extremely difficult to ascertain the actual damage caused by its loss
D.
When the possession of the thing claimed has been wrongfully transferred from the plaintiff
Answer: _________
Question 309:
Whether in a suit for specific performance of contract to transfer immovable property, burden of proof is on the plaintiff to prove that the breach of contract can not be adequately relieved by compensation in money?
A.
Yes
B.
No
C.
Discretion of the court
D.
None of the above
Answer: _________
Question 310:
Whether injunction to perform negative agreement can be granted?
A.
No
B.
Yes
C.
Only if superior court directs
D.
None of the above
Answer: _________
Question 311:
Under Specific Relief Act, when injunction can be granted
A.
To prevent the breach of a contract the performance of which would be specifically enforced
B.
To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance
C.
To prevent a continuing breach in which the plaintiff has acquiesced
D.
When the plaintiff has no personal interest in the matter
Answer: _________
Question 312:
A sues B for the specific performance of contract. In the plaint, A seeks the relief of specific performance. He does not seek any relief in the alternative. The Court determines that it cannot order the specific performance of the contract. Can the court award compensation instead?
A.
Yes, as Specific Relief Act directs that compensation must be awarded
B.
Compensation can be awarded since Order VII, Rule 7 of the Code of Civil Procedure provides that any other relief can be awarded and the same does not have to be specifically pleaded
C.
Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation
D.
No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent pleadings, and therefore no amendment can be brought to this effect
Answer: _________
Question 313:
Explanation to Section 12 of the Specific Relief Act, 1963, lays down certain -
A.
Conclusive presumptions
B.
Irrebuttable presumptions of law
C.
Rebuttable presumptions of law
D.
Presumption of fact
Answer: _________
Question 314:
The readiness and willingness of a party seeking specific performance of a contract
A.
Must be averred and proved
B.
Must be proved
C.
Must be dispelled by the defendant through cogent evidence
D.
All of the above
Answer: _________
Question 315:
Specific performance of any contracts may be ordered where:
A.
There exists no standard for ascertaining actual damage by non performance of the act to be done
B.
Compensation is adequate relief
C.
The performance of the contract involves performance of a continuous duty which the court cannot supervise
D.
The contract is by its nature determinable
Answer: _________
Question 316:
Which of the following pairs is not correctly matched?
A.
Contracts not specifically enforceable - Section 15
B.
Power to award compensation in certain cases - Section 21
C.
Liquidation of damages not a bar to specific performance - Section 23
D.
Temporary and perpetual injunctions - Section 37
Answer: _________
Question 317:
The person against whom a relief under Specific Relief Act is claimed may plead by way of defence any ground namely
A.
Incapacity of the parties
B.
The uncertainty of contracts
C.
Coercion and undue influence
D.
All the above three
Answer: _________
Question 318:
Under which section of the Specific Relief Act, 1963 the ready and willingness is necessary condition for the specific performance of contract?
A.
Section 14
B.
Section 16(b)
C.
Section 16(c)
D.
Section 18
Answer: _________
Question 319:
The Specific Relief Act, 1963 was enacted on
A.
11 th December, 1963
B.
14 th December, 1963
C.
21 st December, 1963
D.
13 th December, 1963
Answer: _________
Question 320:
The Specific Relief Act, 1963 is the product of
A.
8 th Report of the Law Commission of India on the Specific Relief Act, 1877
B.
9 th Report of the Law Commission of India on the Specific Relief Act, 1877
C.
10 th Report of the Law Commission of India on the Specific Relief Act, 1877
D.
None of the above
Answer: _________
Question 321:
What is the meaning of principle of quia timet in the context of law of injunction?
A.
Some future probable injury to the right or interests of a person
B.
Some past injury to the right or interest of a person
C.
Some injury incapable of being estimated in money
D.
Some injury capable of being estimated in money
Answer: _________
Question 322:
Perpetual injunction may be granted under the Specific Relief Act, 1963 in
A.
Section 18
B.
Section 28
C.
Section 35
D.
Section 38
Answer: _________
Question 323:
Which Section of the Specific Relief Act, 1963, provides that the 'specific relief to be granted only for enforcing civil rights' and not for enforcing penal laws:
A.
Section 2
B.
Section 3
C.
Section 4
D.
Section 5
Answer: _________
Question 324:
A suit for recovery of possession of any immovable property under Section 6 of the Specific Relief Act can be filed against:
A.
A private individual only
B.
A government
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 325:
In case of specific performance of part of contract the purchaser:
A.
May relinquish claim to further performance of the remaining part of contract and has right to compensation
B.
May not relinquish claim to further performance of the remaining part of contract and has no right to compensation
C.
Specific performance of part of contract not possible
D.
None of above
Answer: _________
Question 326:
In a suit for recovery of possession by a person dispossessed of possession of immovable property under the Specific Relief Act, which one is not the essential requirement of the suit?
A.
Suit can be maintained whether dispossession is in due course of law or not
B.
Suit cannot be brought against the government
C.
Suit is maintainable only if the person is dispossessed without his consent
D.
Suit must be filed within six months of dispossession
Answer: _________
Question 327:
A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of the Specific Relief Act, 1963 is
A.
Specifically enforceable at the instance of the trustee
B.
Specifically enforceable at the instance of the second party
C.
Specifically enforceable either at the instances of the trustee or at the instance of a second party
D.
Not specifically enforceable
Answer: _________
Question 328:
Under section 7 of the Specific Relief Act, a person entitled to the possession of specific movable property may recover it in the manner provided by which legislation:
A.
The Limitation Act
B.
The Evidence Act
C.
The Code of Civil Procedure
D.
The Transfer of Property Act
Answer: _________
Question 329:
It is the principle of law that a person who has been in long and continuous possession can protect the same by seeking injunction against any person in the whole world other than the true owner. The above Statement is
A.
True
B.
False
C.
Partly true
D.
Partly false
Answer: _________
Question 330:
Under Section 5 of the Specific Relief Act, 1963, mere possession of title is -
A.
Enough to maintain an action
B.
Not enough to maintain an action
C.
Either (A) or (B)
D.
None of above
Answer: _________
Question 331:
On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of
A.
Contracts
B.
Torts
C.
Both (A) and (B)
D.
Only (A) and not (B)
Answer: _________
Question 332:
Specific Relief Act applies to
A.
Only immovable property
B.
Only movable property
C.
Both movable and immovable property
D.
None of the above
Answer: _________
Question 333:
The instrument may be rectified if:
A.
Misrepresentation by a party
B.
Undue influence by a party
C.
Mutual mistakes of parties
D.
In all the above
Answer: _________
Question 334:
Specific Relief Act, 1963, came into operation on
A.
14 th December, 1963
B.
1 st January, 1964
C.
1 st February, 1964
D.
1 st March, 1964
Answer: _________
Question 335:
Section 10 of the Specific Relief Act, 1963 provides for:
A.
The contracts which can be specifically enforced
B.
The contracts which cannot be specifically enforced
C.
Specific performance of a part of the contract
D.
None of these
Answer: _________
Question 336:
A declaratory decree under the Specific Relief Act can:
A.
Be commuted
B.
Be withheld
C.
Be declined
D.
Cannot be declined
Answer: _________
Question 337:
The relief of injunction cannot be granted
A.
When equally efficacious relief can be obtained by any other usual mode of proceeding
B.
The plaintiff has not come to the court with clean hands
C.
To prevent nuisance when it is not reasonably clear
D.
All of these
Answer: _________
Question 338:
Grant of temporary injunctions granted under Section 37 of the Specific Relief Act, 1963, is regulated by -
A.
The Transfer of Property Act, 1882
B.
The Code of Civil Procedure 1908
C.
The Indian Contract Act, 1872
D.
All the above
Answer: _________
Question 339:
Which of the following facts is not correct under Section 14-A of Specific Relief Act?
A.
The Report of expert shall form part of the record
B.
The opinion of expert may not form part of the record
C.
The court may require or direct any person to give relevant information to expert
D.
The expert shall be entitled to such fee, cost or expense as the court may fix
Answer: _________
Question 340:
Section 42 of Specific Relief Act, 1963 provides for
A.
Injunction to perform negative agreements
B.
Injunction when refused
C.
Damages in lieu of injunction
D.
Mandatory injunction
Answer: _________
Question 341:
In a case in which time had not been fixed for performance of the agreement, the court refused to grant the relief of specific performance to the plaintiff on the ground that suit was not filed within a reasonable time. The order is:
A.
Illegal
B.
Null and void
C.
Legal
D.
Irregular
Answer: _________
Question 342:
Section 26 of the Specific Relief Act contains the provision regarding:
A.
Declaratory Decrees
B.
Mandatory Injunction
C.
Rectification of instruments
D.
Rescission of contracts
Answer: _________
Question 343:
An order allowing the prayer of injunction should ensure that
A.
The plaintiff has personal interest in the subject matter
B.
The order should not impede or delay the progress or completion of any infrastructure project
C.
The plaintiff should not have acquiesced in breach of the contract
D.
All of the above
Answer: _________
Question 344:
Which declaration can be granted by the Civil Court under Section 34 of Specific Relief Act, 1963?
A.
Declaration of right to begging in a particular place in a particular time
B.
Declaration for member of Scheduled Castes
C.
Declaration, which is based on agreement by way of wager
D.
None of these
Answer: _________
Question 345:
Mistake contemplated under Section 26 of the Specific Relief Act is:
A.
Bilateral mistake
B.
Mutual mistake
C.
Mistake in framing of the instrument
D.
All the above
Answer: _________
Question 346:
Under Section 6(2)(a) of the Specific Relief Act, no suit shall be brought after expiry of what period from the dispossession
A.
6 months
B.
1 year
C.
2 years
D.
3 years
Answer: _________
Question 347:
Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?
A.
Yes
B.
No
C.
Conditional one
D.
None of above
Answer: _________
Question 348:
A perpetual injunction is granted to the plaintiff
A.
To restore possession of his property to him
B.
To protect him physically
C.
To prevent the breach of an obligation existing in his favour
D.
None of the above
Answer: _________
Question 349:
Under the Specific Relief Act, a suit for possession can be filed in respect of
A.
Movable property only
B.
Immovable property only
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 350:
A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lesser:
A.
Who, knowingly not to have any title to the property, has contracted to sell or let the property
B.
Who, though he entered the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubts
C.
(A) is correct
D.
Both (A) and (B) are correct
Answer: _________
Question 351:
Which section of the Specific Relief Act, 1963 provides about specific performance of a Contract which cannot be specifically enforced?
A.
Under Section 14
B.
Under Section 15
C.
Under Section 16
D.
Under Section 41
Answer: _________
Question 352:
A suit for specific performance of contract for its enforcement can be decreed when
A.
There exists no standard for ascertaining the actual damage caused by the non-performance of it
B.
The compensation in money would afford adequate relief
C.
A contract which is in its nature determinable
D.
Performance of it required a Court to continuously supervise it
Answer: _________
Question 353:
Provisions regarding 'specific performance of part of contract' are contained in
A.
Section 11 of the Specific Relief Act, 1963
B.
Section 12 of the Specific Relief Act, 1963
C.
Section 13 of the Specific Relief Act, 1963
D.
Section 14 of the Specific Relief Act, 1963
Answer: _________
Question 354:
Which of the following Sections of the Specific Relief Act deals with recovery of specific movable property?
A.
Section 5
B.
Section 7
C.
Section 8
D.
Section 9
Answer: _________
Question 355:
Mandatory injunction -
A.
Compels performance of certain positive acts
B.
Is retrospective in nature as restores things to their former conditions
C.
Is awarded where the temporary injunction is meaningless
D.
All the above
Answer: _________
Question 356:
The propositions are 1. A contract for the sale of a patent can be specifically enforced. 2. A contract to assign a copyright is specifically enforceable. 3. An agreement to form a partnership is specifically enforceable as a general rule. Which of the following is true in respect of the said propositions.
A.
3 is correct and 1 & 2 are incorrect
B.
3 & 2 are correct and 1 is incorrect
C.
3 & 1 are correct and 2 is incorrect
D.
1 & 2 are correct and 3 is incorrect
Answer: _________
Question 357:
Grant of temporary injunctions by virtue of section 37 of the Specific Relief of section 37 of the Specific Relief Act, 1963, is regulated by
A.
The Code of Civil Procedure, 1908
B.
The Indian Contract Act, 1872
C.
The Transfer of Property Act, 1882
D.
All the above
Answer: _________
Question 358:
Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted
A.
During the pendency of a suit
B.
By the decree
C.
Both (A) and (B)
D.
Either (A) or (B)
Answer: _________
Question 359:
What is the time limit for filing suit for recovery of possession of immovable property under Section 6 of Specific Relief Act?
A.
1 year from dispossession
B.
6 months from dispossession
C.
3 months from dispossession
D.
No time limit is prescribed
Answer: _________
Question 360:
If a person is dispossessed from immovable property without due process of law, he has to file suit for possession
A.
Within three months
B.
Within four months
C.
Within twelve months
D.
Within six months
Answer: _________
Question 361:
In a suit for specific performance of a contract Court can award compensation to the plaintiff
A.
Only if the defendant himself offers compensation
B.
Even if the plaintiff does not claim compensation
C.
Only if the Court thinks fit to award compensation
D.
Only if the plaintiff claims such compensation in his plaint
Answer: _________
Question 362:
Specific performance of a contract cannot be enforced in favour of a person
A.
Who would not be entitled to recover compensation for its breach
B.
Who has become incapable of performing or violates any essential term of the contract that on his part remains to be performed
C.
Who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of contract which are to be performed by him
D.
All above
Answer: _________
Question 363:
Injunction granted under the Specific Relief Act, 1963 may be
A.
Temporary only
B.
Perpetual only
C.
Temporary or perpetual
D.
None of the above
Answer: _________
Question 364:
Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of property in which vendor has -
A.
Title
B.
Imperfect title
C.
No title or has an imperfect title
D.
None of above
Answer: _________
Question 365:
The Specific Relief Act 1963 was recently amended by
A.
Act No. 30 of 2015
B.
Act No. 34 of 2019
C.
Act No. 32 of 2020
D.
None of the above
Answer: _________
Question 366:
Section 31 of the Specific Relief Act, 1963 is related to:
A.
Rescission of contracts
B.
Cancellation of instruments
C.
Declaratory decrees
D.
Perpetual injunctions
Answer: _________
Question 367:
In a suit under 6 of the Specific Relief Act, the Court can
A.
Adjudicate on the title
B.
Direct the defendant(s) to remove the structure
C.
Permit the plaintiff to pull down the structure
D.
None of the above
Answer: _________
Question 368:
Which Section provides for a special remedy of possession by way of a summary procedure for a person disposed of immovable property without consent and otherwise in due course of law.
A.
Section 6 of the Code of Civil Procedure, 1908
B.
Section 12 of the Specific Relief Act, 1963
C.
Section 6 of the Specific Relief Act, 1963
D.
All of the above
Answer: _________
Question 369:
Section 12(4) of the Specific Relief Act, 1963, applies when -
A.
The part that can be specifically enforced is independent and separate from the other part
B.
The parts of the contract must divisible
C.
Both (A) and (B)
D.
Neither (A) nor (B)
Answer: _________
Question 370:
Under Section 26 of the Specific Relief Act, 1963 for rectification of instruments on the ground of fraud or mutual mistake, the time limit for discovery of fraud or mutual mistake is:
A.
Three months
B.
Six months
C.
One year
D.
No time limit is fixed
Answer: _________
Question 371:
Suit for dispossession of immovable property under Section 6 of the Specific Relief Act, 1963 should be brought:
A.
Within one year from dispossession
B.
Within six months from dispossession
C.
Within three months from dispossession
D.
Within three years from dispossession
Answer: _________
Question 372:
Under section 10 of the Specific Relief Act, 1930, the presumption is that
A.
Breach of a contract to transfer immovable property cannot be adequately compensated in money
B.
Breach of a contract to transfer movable property cannot be adequately compensated in money
C.
Breach of a contract to transfer immovable property can be adequately compensated in money
D.
Both (A) and (B)
Answer: _________
Question 373:
Question of title to an immovable property in a suit under Section 6 of the Specific Relief Act is
A.
Relevant
B.
Irrelevant
C.
Both, depending upon the facts of the case
D.
None of these
Answer: _________
Question 374:
Under Section 10 of Specific Relief Act, 1963, the presumption is that breach of a contract to transfer -
A.
Movable property cannot be adequately compensatedin money
B.
Immovable property cannot be adequately compensated in money
C.
Immovable property can be adequately compensated in money
D.
Both (A) and (B)
Answer: _________
Question 375:
The provision of Mandatory Injunction is regulated by Section . . . . . . . . of the Specific Relief Act:
A.
42
B.
41
C.
40
D.
39
Answer: _________
Question 376:
Which of the statement about the Specific Relief (Amendment) Act, 2018 is correct?
A.
Will apply to the cases which have arisen after the amendment in the Act
B.
Will apply to the contracts entered into after the coming into force of the Amendment Act
C.
Will apply to the pending cases
D.
None of the statements is correct
Answer: _________
Question 377:
Suit under Section 8 of the Specific Relief Act does not lie against a person who has the possession or control over the article
A.
True
B.
Party true
C.
False
D.
None of the above
Answer: _________
Question 378:
Under section 10 the specific performance can be granted
A.
If there is a concluded contract
B.
If there exists no standard for ascertaining the actual damages
C.
If compensation in money is not an adequate relief
D.
All the above
Answer: _________
Question 379:
What is true of perpetual injunction
A.
It is a judicial process
B.
Preventive in nature
C.
The thing prevented is a wrongful act
D.
All of the above
Answer: _________
Question 380:
The further relief under section 34 must be
A.
The one available as additional on the date of the suit
B.
The one available after the filing of the suit
C.
The one available as alternative on the date of the suit
D.
The one available as alternative during the pendency of the suit
Answer: _________
Question 381:
Following is not the essential condition for applicability of Section 8 of the Specific Relief Act
A.
The defendant must be owner of the property
B.
The Article must be movable property
C.
The plaintiff must be entitled to immediate possession of the article
D.
The article must be in possession or control of the defendant
Answer: _________
Question 382:
A suit for possession of immovable property, under Section 6 of the Specific Relief Act, 1963, can be filed within:
A.
1 year of dispossession
B.
6 months of dispossession
C.
3 months of dispossession
D.
12 years of dispossession
Answer: _________
Question 383:
Under the Specific Relief Act, the plaintiff
A.
Does not have subsisting right to claim any subsequent transaction relating to property
B.
Possesses subsisting right to claim any subsequent transaction relating to property
C.
Possesses only pre-existing right to claim any subsequent transaction relating to property
D.
Does not possess any right
Answer: _________
Question 384:
Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted
A.
If there is no concluded contract
B.
If there is a concluded contract
C.
If the compensation in money is not an adequate relief
D.
If there exists no standard for ascertaining the actual damages
Answer: _________
Question 385:
In which of the following cases would rescission of a contract be adjudged by the Court?
A.
Where the plaintiff has ratified the contract
B.
The third parties to the contract have acquired the right in good faith
C.
Where the contract is voidable by the plaintiff
D.
Where the part of the contract sought to be rescinded is not severable from the rest of the contract
Answer: _________
Question 386:
In a suit for specific performance of a contract where earnest money is paid by the plaintiff
A.
It cannot be refunded if the specific performance is refused
B.
It can be refunded even if it is not specifically prayed
C.
It can be refunded only if it is specifically claimed
D.
It is to be forfeited
Answer: _________
Question 387:
To maintain suit under section 6 of the Act, the possession must be
A.
Actual judicial possession
B.
Symbolic possession
C.
Constructive possession
D.
Either actual or symbolic or constructive
Answer: _________
Question 388:
Section 9 of the Specific Relief Act, 1963 lays down that in a suit for specific performance or a contract
A.
The defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract
B.
The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract
C.
The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court
D.
Either (B) or (C)
Answer: _________
Question 389:
Burden to prove adverse possession is on
A.
Court
B.
Defendant
C.
Plaintiff
D.
None of above
Answer: _________
Question 390:
Grant of decree of declaration is the discretion of court. But it
A.
Can be declined in certain circumstances
B.
Cannot be declined
C.
Can be declined in all cases
D.
Cannot be declined in all cases
Answer: _________
Question 391:
Specific relief under the Specific Relief Act, 1963 can be granted for enforcing:
A.
Only individual civil rights
B.
Individual and public civil rights
C.
Only public civil rights
D.
All of the above
Answer: _________
Question 392:
A is B's medical advisor. He demands money from B, which B declines to pay. A then threatens to make known the effect of B's communication to him as patient.
A.
B may obtain a prohibitory injunction to restrain A from so doing
B.
B may obtain a mandatory injunction ordering A to destroy all written communications made by B as patient of A
C.
Both (A) and (B)
D.
None of the above
Answer: _________
Question 393:
A suit for declaration without seeking consequential relief is barred by
A.
Section 28 of the Specific Relief Act
B.
Section 34 of the Specific Relief Act
C.
Section 37 of the Specific Relief Act
D.
Section 39 of the Specific Relief Act
Answer: _________
Question 394:
Within what time, from the date of service of summons to the defendant, a suit filed under the provisions of the Specific Relief Act, should be disposed off?
A.
Twelve months
B.
Six months
C.
Nine months
D.
Two years
Answer: _________
Question 395:
A is minor, who poses himself as major and executes a mortgage before B for Rs. 10000. B files a suit for recovery of loan. A takes a defence that he was not competent to contract when he took loan. In such a situation which of the following statement is correct?
A.
Contract was obtained by fraud hence voidable at the option of A
B.
Contract cannot be rescind. No one can be allowed to take benefit of his own fraud
C.
Contract is void but minor may be ordered to pay Rs. 10000/- back
D.
Contract is void but minor cannot be ordered to pay Rs. 10000/- back
Answer: _________
Question 396:
Section 26 of the Specific Relief Act fixes the time limit for discovery of mistake or fraud to be
A.
Six months
B.
Three months
C.
One year
D.
None of the above
Answer: _________
Question 397:
No suit for recovery of possession may be instituted under Section 6 of Specific Relief Act:
A.
Against Government
B.
Against a Public Company
C.
Against a Private Company
D.
Against all of these
Answer: _________
Question 398:
Under Section 21 of the Specific Relief Act: The Court
A.
Shall not award any compensation to the plaintiff
B.
Shall as of rule award compensation in each and every suit
C.
Shall not award compensation unless the plaintiff has claimed it in his plaint
D.
May award compensation to the plaintiff even if it is not claimed by him
Answer: _________
Question 399:
Section 31 of Specific Relief Act in its application is
A.
Based on protective or preventive justice
B.
Restricted to contracts only
C.
Restricted to the parties to the contract
D.
Mandatory in nature
Answer: _________
Question 400:
Which of the following statement is incorrect in the context of Section 41 of Specific Relief Act, 1963
A.
The Court cannot grant injunction to restrain any person from applying to any legislative body
B.
The Court cannot grant injunction to prevent a continuing breach in which plaintiff acquiesced
C.
The Court cannot grant injunction to restrain any person from instituting or prosecuting any proceeding in a criminal matter
D.
The Court cannot grant injunction when the plaintiff has got no personal interest in the matter
Answer: _________
Question 401:
For the purposes of the Specific Relief Act, 1963 the word "settlement" means:
A.
An instrument whereby the destination or devolution of successive interests in movable property is disposed of
B.
An instrument including codicil or will whereby the destination or devolution of successive interests in immovable property is disposed of or is agreed to be disposed of
C.
An instrument including codicil or will whereby the devolution of successive interests in movable or immovable property is disposed of
D.
An instrument including codicil or will whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of
Answer: _________
Question 402:
Rise in value since agreement is
A.
A ground to refuse specific per-formance in case of an agreement to sell immovable property
B.
A ground to refuse specific per-formance in case of an agreement to sell movable property
C.
A ground to refuse specific per-formance in case of an agreement to sell immovable and movable property both
D.
Not a ground to refuse specific performance in case of an agreement to sell either immovable or movable property
Answer: _________
Question 403:
Specific Relief Act is based on the maxim 'ubi jus ibi remedium'. What does it mean?
A.
Where there is law there must be a remedy
B.
Where there is a right there has to be a complete remedy
C.
Where there is remedy there is justice
D.
Justice demands law
Answer: _________
Question 404:
In which of the following case would the Court not grant perpetual injunction when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of property?
A.
Where the defendant is the agent of the plaintiff
B.
Where compensation in money would not afford adequate relief
C.
Where it is necessary to prevent multiplicity of judicial proceedings
D.
Where there exists no standard for ascertaining the actual loss caused to the plaintiff
Answer: _________
Question 405:
In the case of a breach of contract to sell immovable property the Court shall draw a presumption that-
A.
Breach of contract cannot be adequately relieved by money compensation
B.
That the breach can be compensated by money
C.
That the suit can be decreed
D.
That the suit cannot be decreed
Answer: _________
Question 406:
What is the prescribed period of limitation for filing a civil suit, challenging the dispossession of the plaintiff on the ground that the land had been illegally acquired by the Government?
A.
One year from the date of dispossession
B.
Three years from the date of dispossession
C.
Twelve years from the date of dispossession
D.
None, as the suit is not maintainable
Answer: _________
Question 407:
The basis of specific relief is:
A.
Law of equity
B.
Common law
C.
Roman law
D.
All of the above
Answer: _________
Question 408:
Specific performance of any contract is granted:
A.
If provided in the contract
B.
If the contract is in its nature determinable
C.
At the discretion of the court
D.
In all the above
Answer: _________
Question 409:
Cancellation of instrument is mentioned in
A.
Section 8-25 of Specific Relief Act
B.
Section of 26 of Specific Relief Act
C.
Section 31-33 of Specific Relief Act
D.
Sections 36-42 of Specific Relief Act
Answer: _________
Question 410:
In case of cancellation under Section 31 of the Specific Relief Act the relief of specific performance
A.
Is out of question
B.
Can be supplemented
C.
Can be in the alternative
D.
All the above
Answer: _________
Question 411:
Decree for specific performance for movable property can be granted:
A.
In case the seller fails to supply the goods
B.
When the goods are not available with the seller, but the equivalent are available with third persons
C.
When the plaintiff sues for a 50 year old painting
D.
Where movable property has been destroyed
Answer: _________
Question 412:
Which of the following remedies cannot be granted under Specific Relief Act?
A.
Declaratory Decree
B.
Cancellation of Instrument
C.
Grant of Perpetual Injunction
D.
Issuance of Writ
Answer: _________
Question 413:
Section 9 of the Specific Relief Act, 1963, provides for:
A.
The grounds on which specific performance of the contracts can be granted
B.
The defences which a person, against, whom the relief of specific performance is claimed, may plead
C.
The defences which a person, against whom the relief of specific performance is claimed, cannot plead
D.
The grounds on which specific performance of a contract cannot be granted
Answer: _________
Question 414:
Statutory recognition of the principles of equity in the Specific Relief Act is regarding
A.
Specific performance
B.
Injunction
C.
Rectification and rescission
D.
All of the above
Answer: _________
Question 415:
The correct position of law with respect to damages in lieu of Specific Performance of Contract would be:
A.
That the party in breach can offer to pay the liquidated damages in lieu of the specific performance of the contract
B.
The right to claim damages always subsists in the party claiming breach of the contract even after losing his case for specific performance
C.
Both the statements are correct
D.
Neither of the statement is correct
Answer: _________
Question 416:
An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act, 1963 is known as a:
A.
Permanent injunction
B.
Mandatory injunction
C.
Temporary injunction
D.
Perpetual injunction
Answer: _________
Question 417:
In Specific Relief Act all other words and expressions used but not defined, then their definition and meaning would be the same which has been defined under.
A.
Transfer of Property Act, 1882
B.
Civil Procedure Code, 1908
C.
Indian Contract Act, 1872
D.
Easement Act
Answer: _________
Question 418:
Legal character or right under Section 34 of the Specific Relief Act, must be
A.
Specific
B.
Abstract
C.
Contingent
D.
Any of the above
Answer: _________
Question 419:
Which of the following is not the essential condition for applicability of Section 8 of the Specific Relief Act 1963?
A.
The article must be movable property
B.
The article must be in possession or control of the defendant
C.
The Defendant must be owner of the property
D.
The Plaintiff must be entitled to immediate possession of the article
Answer: _________
Question 420:
Under which Section of the Specific Relief Act, 1963 the grant of a mandatory injunction is regulated -
A.
Section 38
B.
Section 39
C.
Section 40
D.
Section 41
Answer: _________
Question 421:
When, due to fraud played by the parties, a contract in writing does not express its real intention, then appropriate remedy would be a suit for-
A.
Specific performance
B.
Declaration
C.
Rectification of instrument
D.
Perpetual injunction
Answer: _________
Question 422:
In which case the question of "jurisdiction of civil court is not excluded in respect of adoption. The question regarding adoption involves declaration as to status/character of person can be decided only by civil court" was held?
A.
Ramchandra Dagdu Sonavane v. Vithu, AIR 2010 SC 818
B.
Sushil Kumar v. State, AIR 2010 SC 832
C.
Parminder Kaur v. State, AIR 2010 SC 840
D.
Alagarsamy v. State, AIR 2010 SC 849
Answer: _________
Question 423:
Under the Specific Relief Act, specific relief can be granted only for:
A.
Enforcing penal laws
B.
Enforcing penal law and civil rights
C.
Enforcing individual civil rights
D.
All of these
Answer: _________
Question 424:
Specific performance of a contract can be granted in respect of
A.
Immovable property
B.
Chattels
C.
Immovable property as well as chattels
D.
Only (A) and not (B)
Answer: _________
Question 425:
Section 10 of the Specific Relief Act, 1963, applies to
A.
Promises which are not completed contracts
B.
Completed contracts which are valid in law and capable of enforcement
C.
Inchoate agreements
D.
All the above
Answer: _________
Question 426:
If a contract comprises an agreement to do an act and also not to do certain acts:
A.
No injunction can be granted to prevent performance of the negative agreement
B.
Injunction can be granted to prevent performance of negative agreement only if affirmative agreement is enforceable
C.
Injunction can be granted to compel performance of both or any of them
D.
Injunction can be granted to compel performance of either of them only
Answer: _________
Question 427:
Declaratory decree can be granted under . . . . . . . . . of Specific Relief Act, 1963.
A.
Section 34
B.
Section 35
C.
Section 36
D.
Section 37
Answer: _________
Question 428:
Specific Relief Act:- Plaintiff, without having any title, filed a suit, for permanent injunction against dispossession, based on long possession
A.
Because there is no title-Plaintiff may be dispossessed
B.
Law respects possession-Plaintiff cannot be dispossessed except in accordance with law
C.
Suit is not maintainable
D.
Suit is not maintainable only for the relief of permanent injunction
Answer: _________
Question 429:
Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property
A.
After six months from the date of dispossession
B.
After nine months from the date of dispossession
C.
After twelve months from the date of dispossession
D.
After twenty-four months from the date of dispossession
Answer: _________
Question 430:
The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the CPC (Code of Civil Procedure). The said statement is
A.
Correct
B.
Not correct
C.
Misleading
D.
Merely a belief
Answer: _________
Question 431:
Which of the following sections deals with Personal bars to the remedy of specific relief
A.
14
B.
15
C.
16
D.
17
Answer: _________
Answer Key
1:
B
2:
B
3:
A
4:
A
5:
A
6:
A
7:
A
Solution: In accordance with the principles of equity and trust law, a trustee holds a fiduciary duty to act in the best interests of the beneficiaries and to administer the trust property in accordance with the terms of the trust deed or applicable law. If a trustee enters into a contract that exceeds their powers or breaches their fiduciary duties, it is considered a breach of trust. Under the Specific Relief Act, which governs the specific performance of contracts, a contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced. This means that if a trustee enters into such a contract, the beneficiaries or other affected parties cannot compel the trustee to carry out the contract through specific performance. Therefore, the statement "A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced" is true (Option A).
8:
D
9:
B
10:
A
11:
A
12:
C
13:
A
14:
B
15:
A
16:
C
17:
B
18:
C
19:
A
20:
D
21:
D
22:
B
23:
C
24:
C
25:
C
26:
D
27:
D
28:
B
29:
A
30:
A
31:
A
32:
B
33:
D
34:
D
35:
B
36:
D
37:
B
38:
C
39:
A
40:
D
41:
B
42:
B
Solution: Relief of rescission refers to the cancellation of a contract, restoring the parties to the positions they held before the agreement. According to the Specific Relief Act , rescission is typically granted in cases where a contract is voidable at the option of one of the parties due to reasons like misrepresentation, fraud, undue influence, or coercion. Voidable contracts are valid and enforceable unless rescinded by the aggrieved party. Rescission gives that party a legal way to cancel the contract. Void contracts are those that are invalid from the beginning and do not need rescission, as they have no legal effect. Therefore, relief of rescission is granted specifically in the case of voidable contracts.
43:
B
44:
D
45:
D
46:
C
47:
B
48:
C
Solution: Section 10 of the Specific Relief Act, 1963 deals with the specific enforcement of contracts in cases where damages are not an adequate remedy. Chattel of special value refers to a movable property that holds unique importance, making monetary compensation insufficient. In such cases, courts may order specific performance to ensure the party receives the exact item rather than compensation. Why Not the Other Options? Option A: Contingent contract – These contracts depend on a future uncertain event, making them unenforceable under specific performance until the condition is met. Option B: Formation of a partnership – The law does not enforce contracts requiring personal skills or mutual trust as specific performance, since forcing unwilling parties into partnership is impractical. Option D: Deeds of separation – These agreements relate to personal relationships and are not enforceable under specific performance as they involve personal obligations. Thus, Chattel of special value is the correct answer as it meets the requirement for specific enforcement under Section 10.
49:
B
50:
D
Solution: First, what is a perpetual injunction ? It's a court order that permanently stops someone from doing something. Now, let's look at the options: Option A: The defendant is not a trustee of property for the plaintiff. This isn't directly related to when a perpetual injunction is usually granted. Trust relationships are usually covered in other clauses. Option B: There exists a standard for ascertaining the actual damage caused. If we *can* easily figure out the exact financial damage, courts often prefer to award compensation (money) instead of a permanent ban (injunction). So, this would *not* be a good reason for a perpetual injunction. Option C: Compensation would afford an adequate remedy. This is similar to Option B. If money can fix the problem, the court likely won't issue a perpetual injunction . Option D: It is necessary to prevent multiplicity of proceedings. This means that without the injunction, there will be a lot of cases for the same subject matter in court one after the other. This *is* a valid reason for a perpetual injunction because it saves time and resources for everyone. The court doesn't want to deal with same problem again and again. Therefore, the correct answer is Option D: It is necessary to prevent multiplicity of proceedings .
51:
C
52:
C
53:
C
54:
B
55:
D
56:
C
57:
B
Solution: Under Section 12 of the Specific Relief Act, 1963 The general rule is that specific performance of a part of the contract shall not be granted This section reflects the principle that courts typically do not enforce only a part of a contract Specific performance is an equitable remedy, and the whole contract must be capable of being performed However, there are certain exceptions provided under the same section where partial performance may be granted But as a general rule, partial enforcement is not allowed under Section 12
58:
D
59:
B
60:
A
61:
D
62:
C
63:
B
64:
D
65:
B
66:
C
67:
B
68:
C
69:
D
70:
D
71:
B
72:
D
73:
C
74:
D
75:
A
76:
B
77:
B
78:
D
79:
A
80:
D
81:
A
82:
C
83:
D
84:
B
85:
B
86:
D
87:
B
88:
C
89:
D
90:
D
91:
B
92:
D
93:
A
94:
A
95:
B
96:
C
97:
C
98:
C
99:
A
100:
D
101:
D
102:
A
103:
A
Solution: Rescission of contracts refers to the cancellation of a contract, returning the parties to the positions they were in before the contract was made. Rescission may be allowed if: Where the contract is voidable at the instance of the plaintiff: This means that if the contract can be voided by the plaintiff, rescission can be sought. This typically happens in cases of misrepresentation, fraud, undue influence, or mistake. Option B: When the contract is void, rescission is generally not required because a void contract is already considered legally unenforceable. Option C: If a third party acquires an interest in the contract in good faith, rescission may not be allowed to protect the third party's rights. Therefore, the correct answer is Option A: Where the contract is voidable at the instance of the plaintiff .
104:
C
105:
A
Solution: Section 11 of the Specific Relief Act, 1963 , provides for the specific performance of a part of the contract . This means that under certain circumstances, a party to a contract may seek the enforcement of the performance of a specific part or portion of the contract, rather than the entire contract. For example, if a contract involves multiple obligations, and one party fulfills their part while the other party fails to perform a specific portion of the contract, the aggrieved party may seek specific performance of that particular portion while seeking other remedies for the remaining obligations. Option B: Specific performance of contracts connected with trusts , Option C: Defences respecting suits for relief based on contract , and Option D: Circumstances in which specific performance of a contract is enforceable are not the specific content provided by Section 11 of the Specific Relief Act. Given the options provided, the correct answer is Option A: Specific performance of a part of the contract.
106:
C
Solution: Under Section 10 of the Specific Relief Act, the following types of contracts can be specifically enforced: Contract to get objects of historic value: Contracts involving objects of special value or historic significance can be specifically enforced because their unique nature makes monetary compensation inadequate. Option A: Contingent contracts depend on the occurrence of a future event, making them generally unsuitable for specific enforcement. Option B: Contracts to form partnerships are often based on personal relationships and mutual trust, which makes specific enforcement impractical. Option D: Marriage contracts are typically not specifically enforced due to the personal nature of marriage and individual rights. Therefore, the correct answer is Option C: Contract to get objects of historic value .
107:
C
108:
D
109:
C
110:
D
111:
B
112:
D
113:
B
114:
A
115:
A
116:
D
117:
D
118:
D
119:
C
120:
B
121:
D
122:
D
123:
C
124:
D
125:
A
126:
D
127:
A
128:
C
129:
B
130:
A
131:
A
132:
A
133:
C
134:
A
135:
A
136:
D
137:
C
138:
C
139:
B
140:
A
141:
D
142:
A
143:
C
144:
C
145:
A
146:
D
147:
B
148:
A
149:
D
150:
C
151:
A
152:
D
153:
D
154:
B
155:
B
156:
A
157:
B
158:
C
159:
A
160:
D
161:
A
162:
D
163:
A
164:
A
165:
C
166:
C
167:
C
168:
C
169:
C
170:
A
171:
C
172:
B
173:
D
174:
A
175:
C
176:
C
177:
A
178:
D
179:
B
180:
D
181:
B
182:
A
183:
D
184:
C
185:
B
186:
B
187:
B
188:
C
189:
C
190:
A
191:
D
192:
D
193:
D
194:
D
195:
B
196:
C
197:
C
198:
B
199:
D
200:
A
201:
C
202:
C
203:
D
204:
C
205:
C
206:
D
207:
C
208:
B
209:
A
210:
D
211:
D
212:
D
213:
D
214:
A
215:
B
216:
D
217:
D
218:
A
219:
A
220:
A
221:
C
222:
C
223:
B
224:
D
225:
A
226:
C
227:
A
228:
A
229:
B
230:
C
231:
D
232:
C
233:
C
234:
C
235:
B
236:
B
237:
B
238:
A
239:
A
240:
B
241:
A
242:
A
243:
C
244:
C
245:
B
246:
A
247:
A
248:
A
249:
A
250:
B
251:
B
252:
D
253:
B
254:
B
255:
A
256:
A
257:
A
258:
A
259:
C
260:
C
261:
C
262:
A
263:
A
264:
A
265:
D
266:
A
267:
D
268:
A
269:
C, F
270:
C
271:
C
272:
D
273:
B
274:
C
275:
D
276:
C
277:
B
278:
B
279:
D
280:
B
281:
C
282:
A
283:
C
284:
A
285:
A
286:
D
287:
A
288:
B
289:
A
290:
C
291:
A
292:
A
293:
C
294:
A
295:
A
296:
A
297:
D
298:
C
299:
C
300:
B
301:
C
Solution: Necessary party : This refers to a party whose presence is essential for the court to adjudicate all the issues involved in the case completely and effectively. However, being a necessary party is not specifically related to claiming specific performance. Proper party : This refers to a party who has a direct and substantial interest in the outcome of the suit. In the context of specific performance, the applicant must be a proper party who has a legal right or interest in the contract being enforced. Neither (A) nor (B) : This option is incorrect because the applicant must be a proper party to claim specific performance. Both (A) and (C) : This option is incorrect as it suggests that the applicant must be a necessary party, which is not a requirement for claiming specific performance. Therefore, a suit for specific performance is claimed when the applicant is a proper party .
302:
B
Solution: Specific performance is a remedy granted by the court to enforce the terms of a contract when monetary compensation is inadequate. However, there are certain grounds on which the court may refuse to grant specific performance. The grounds mentioned in Option A, Option C, and Option D indicate situations where the contract is unfair, inequitable, or would cause hardship to the defendant. In such cases, the court may refuse to grant specific performance. However, Option B states that the contract is not enforceable at the instance of the other party, which means the plaintiff has the right to enforce it. The court shall not refuse specific performance on this ground.
303:
B
304:
C
305:
B
306:
B
307:
A
308:
B
309:
B
310:
B
311:
A
312:
C
313:
A
314:
B
315:
A
316:
A
317:
A
318:
C
319:
D
320:
B
321:
A
322:
D
323:
C
324:
A
325:
A
326:
A
327:
D
328:
C
329:
A
330:
A
331:
D
332:
C
333:
C
334:
D
335:
A
336:
C
337:
D
338:
B
339:
B
340:
A
341:
C
342:
C
343:
D
344:
D
345:
D
346:
A
347:
B
Solution: Specific Performance: This is when someone asks the court to force another person to fulfill a contract (usually to buy or sell property). Necessary Party: A person who must be included in a lawsuit because the court cannot make a proper decision without them. If they are missing, the case can't move forward. Proper Party: A person who should be included in a lawsuit because their involvement could help the court make a better decision, but the case can still proceed without them. Applicant: The person applying to be part of the lawsuit. The question tells us the applicant is neither necessary nor proper. This means their presence isn't crucial for a fair and complete decision. Therefore, they don't need to be part of the suit. Therefore, the correct answer is B: No
348:
C
349:
C
350:
D
351:
A
352:
A
353:
B
354:
B
355:
D
356:
D
357:
A
358:
B
359:
B
360:
D
361:
D
362:
D
363:
C
364:
C
365:
B
366:
B
367:
D
368:
C
369:
A
370:
D
371:
B
372:
A
373:
B
374:
B
375:
D
376:
C
377:
C
378:
D
379:
D
380:
A
381:
A
382:
B
383:
A
384:
A
385:
C
386:
C
387:
A
388:
A
389:
C
390:
A
391:
A
392:
C
393:
B
394:
A
395:
C
396:
D
397:
A
398:
C
399:
A
400:
N/A
401:
D
402:
C
403:
B
404:
A
405:
A
406:
D
407:
A
408:
C
409:
C
410:
A
411:
C
412:
D
413:
B
414:
D
415:
D
416:
C
417:
C
418:
A
419:
C
420:
B
421:
C
422:
A
423:
C
424:
D
425:
B
426:
C
427:
A
428:
B
429:
A
430:
B
431:
C