Burden to prove adverse possession is on
A. Court
B. Defendant
C. Plaintiff
D. None of above
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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)
Select an option to see the answer and solution.
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)
Select an option to see the answer and solution.
Section 44 of Specific Relief Act is related with
A. Permanent injunction
B. Negative agreement
C. Compensation
D. Repeal
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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)
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.