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)
Select an option to see the answer and solution.
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
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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
Select an option to see the answer and solution.
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)
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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
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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
Select an option to see the answer and solution.
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)
E. None of these
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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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
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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
E. None of these
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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
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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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
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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
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The basis of specific relief is:
A. Law of equity
B. Common law
C. Roman law
D. All of the above
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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
Select an option to see the answer and solution.
