Mere possession of title is
A. Enough to maintain an action under Section 5 of the Specific Relief Act, 1963
B. Not enough to maintain an action under Section 5 of the Specific Relief Act, 1963
C. Only (B) is correct
D. None of the above
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The words and expressions used in the Specific Relief Act, but not defined in the Act, have meaning as defined in the
A. General Clauses Act
B. Indian Contract Act
C. Transfer of Property Act
D. Civil Procedure Code
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In a suit for specific performance of contract the plaintiff can seek a relief only if he establishes that:
A. Prima facie case is in his favour
B. He was willing and ready to perform his part of the contract
C. Balance of Convenience is in his favour
D. He may suffer irreparable loss
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Consider following facts regarding effect of declaration made under section 34 of Specific Relief Act:-
1. Declaration is binding on the parties to the suit and persons claiming through them respectively.
2. Declaration binds all those persons who have knowledge of the suit and knowingly they do not become parties.
A. 1 is right
B. 2 is right
C. 1 & 2 both are right
D. 1 & 2 both are wrong
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A declaration made under the Specific Relief Act is binding on
A. The parties to the suit
B. Persons claiming through (A)
C. Both (A) and (B)
D. None of these
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A suit for possession under section 5 of Specific Relief Act, can be filed within
A. 3 years
B. 6 months
C. 12 years
D. 30 years
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Which Section of the Specific Relief Act, 1963 deals with the bar of the suit for compensation for breach after dismissal of suit for specific performance?
A. Section 12
B. Section 24
C. Section 15
D. Section 30
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Dismissal of the suit of the plaintiff seeking injunction by virtue of Section 40 of the Specific Relief Act, 1963 bars the plaintiff to sue for damages for the breach for which the injunction was sought.
A. True
B. Party true
C. False
D. None of the above
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Remedy of rectification available under Section 26 Specific Relief Act, 1963 relates to:
A. Mistake in expression of contract only
B. The contract itself, i.e. the formation of the contract
C. Matters which were overlooked by the parties
D. Addition of terms in the agreement which was not considered
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Defendant is in possession of 120 cotton bales as agent of the Plaintiff. Plaintiff files suit for specific performance of the contract against the defendant to compel delivery of the same. The relief claimed can be refused on the ground
A. Compensation in terms of money would afford adequate relief
B. It would be difficult to ascertain actual damage
C. Both (A) and (B)
D. None of these
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Temporary Injunction can be granted
A. Suo mota
B. Ex parte
C. Hearing both parties
D. None of the above
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In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following-
A. That plaintiff paid entire sale consideration
B. That plaintiff obtained clearance from all authorities
C. That plaintiff obtained encumbrance certificate
D. That plaintiff is ready and willing to perform his part of contract
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Perpetual injunctions are governed by-
A. Specific Relief Act, 1963
B. Contract Act
C. Sale of Goods Act
D. Civil Procedure Code
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The period of limitation for filing a suit for possession under Section 6 of the Specific Relief Act is
A. Six months
B. One year
C. Three years
D. Twelve years
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Provisions regarding, 'the persons who may obtain specific performance' are specified in:
A. Section 14 of the Specific Relief Act, 1963
B. Section 15 of the Specific Relief Act, 1963
C. Section 16 of the Specific Relief Act, 1963
D. Section 17 of the Specific Relief Act, 1963
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Damages in suits for injunctions cannot be granted
A. If the plaintiff has not claimed damages
B. If the suit of the plaintiff is dismissed
C. Both (A) and (B)
D. Neither (A) nor (B)
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Which of the following statements is correct?
A. In a suit for specific performance of a contract for transfer of immovable property, the court cannot grant partition and separate possession of the property
B. In a suit for specific performance of a contract for transfer of immovable property, the plaintiff cannot alternatively ask for the refund of earnest money or deposit made by him
C. The court while refusing to grant specific performance of the contract, cannot grant refund of earnest money paid by the plaintiff, unless it has been specifically claimed
D. All the above are correct
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Whether specific performance of contract can be enforced against a transferee of immovable property contracted to transfer?
A. Yes
B. No
C. Yes, only in certain circumstances
D. None of the above
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For violation of decree of perpetual injunction, remedy
A. Is to proceed under Order 21, Rule 32 of CPC (Code of Civil Procedure)
B. Is to proceed by way of application for police protection
C. Is to proceed through hostile possession
D. Is not available under CPC (Code of Civil Procedure)
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Which of the following contract cannot be specifically enforced as per the provisions of Section 14 of the Specific Relief Act?
A. A contract to marry B
B. A contract with B,that in consideration of Rs. 1000 to be paid to him by B, he will paint a picture for B
C. A, an author, contracts with B, A publisher, to complete a literary work
D. All of the above
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