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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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)
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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)
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
