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
Select an option to see the answer and solution.
A mandatory injunction is:
A. Retrospective in operation
B. Prospective in operation
C. Concurrent in operation
D. Both (B) and (C)
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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
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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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
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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
Select an option to see the answer and solution.
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
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The relief provided under the Specific Relief Act, is:
A. Discretionary
B. Mandatory
C. Statutory
D. Obligatory
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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)
Select an option to see the answer and solution.
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
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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)
Select an option to see the answer and solution.
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
Select an option to see the answer and solution.
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
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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
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In a suit for specific performance . . . . . . . . is necessary party to proceedings
A. Vendors
B. Subsequent purchaser
C. Mortgagee bank
D. None of the above
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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
Select an option to see the answer and solution.