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
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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
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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
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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
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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
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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
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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
Select an option to see the answer and solution.
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
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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
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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
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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
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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
E. None of these
Select an option to see the answer and solution.
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
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Section 39 of Specific Relief Act 1963 is related with
A. Effect of declaration
B. Temporary injunction
C. Perpetual injunction
D. Mandatory injunction
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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)
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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
Select an option to see the answer and solution.
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
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Specific Relief Act is:
A. Remedial in nature
B. Protective in nature
C. A subordinate law
D. All of these
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Section 36 of the Specific Relief Act, 1963, classifies injunction into
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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)
Select an option to see the answer and solution.