Specific relief is granted for enforcing:
A. Individual civil rights
B. Penal laws
C. Both individual civil rights and penal laws
D. Personal criminal liability
Select an option to see the answer and solution.
What is true of temporary injunction?
A. Is permanent between the parties
B. Concludes the right
C. Continues until a certain specific period
D. Can't be granted ex parte
Select an option to see the answer and solution.
Under Section 37 of Specific Relief Act, 1963 a temporary injunction can be granted-
A. After settlement of the issues
B. Before the conclusion of plaintiffs evidence
C. Before the conclusion of defendant's evidence
D. At any stage of the suit
Select an option to see the answer and solution.
Mandatory injunction is governed by
A. Section 38 of the Specific Relief Act
B. Section 39 of the Specific Relief Act
C. Section 40 of the Specific Relief Act
D. Section 41 of the Specific Relief Act
Select an option to see the answer and solution.
Whether specific performance of an earlier Agreement to Sell an immovable property can be granted against the person who has subsequently purchased the subject property?
A. No. Once the immovable property which is subject matter of an Agreement to Sell is sold by the seller to a third person, the earlier Agreement to Sell is frustrated
B. A proposed buyer under an Agreement to Sell can seek specific performance of a contract to sell an immovable property even if the subsequent purchaser is a purchaser for value but with notice of the prior Agreement to Sell
C. Only if the immovable property which is subject matter of an Agreement to Sell is transferred during the pendency of the suit and not before filing of the suit
D. A proposed purchaser under the Agreement to Sell can file a suit against the subsequent purchaser of the property which is subject matter of the prior Agreement to Sell, but only if payment is made by the proposed purchaser by means of cheque or a bank draft
Select an option to see the answer and solution.
Who may obtain specific performance of contract under Section 15 of the Specific Relief Act, 1963, in his favour?
A. Any party of the contract
B. The representative in interest or the principal of any party
C. When a company has entered into a contract subsequently becomes amalgamated with another company, the company which arises out of amalgamation
D. All of the above
Select an option to see the answer and solution.
Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is
A. Small
B. Considerable
C. Inconsiderable
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
Under the Specific Relief Act, a suit for recovery of possession can be filed
A. Only in respect of movable property
B. Only in respect of immovable property
C. In respect of both movable and immovable property
D. Neither movable nor immovable property
Select an option to see the answer and solution.
Under Section 11 of the Specific Relief Act, 1930 a contract made by a trustee in excess of his powers or in the breach of a trust is:
A. Specifically enforceable at the instance of the trustee
B. Specifically enforceable at the instance of the second party
C. Specifically enforceable either at the instance of the trustee or at the instance of a second party
D. Not specifically enforceable
Select an option to see the answer and solution.
For application of section 7 of the Act, the goods must be
A. In original form
B. Capable of identification & delivery
C. Without alteration
D. All the above
Select an option to see the answer and solution.
Which of the following is incorrect:
A. A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract
B. Family arrangements (compromises) can be specifically enforced
C. In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance
D. There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid
Select an option to see the answer and solution.
Under Specific Relief Act, 1963, Specific Relief may be granted
A. For enforcing individual civil right
B. For enforcing a Penal law
C. For enforcing both Civil law and a Penal law
D. For enforcing public rights
Select an option to see the answer and solution.
A declaration can be sought by a person whose legal character or right to property not denied -
A. True
B. Partly true
C. False
D. None of the above
Select an option to see the answer and solution.
In which of the following cases the "prohibitory injunction under the Specific Relief Act" was discussed?
A. Sarvesh v. Smt. Sanju, AIR 2010 Uttra 16
B. Mansha Ram v. Dr. Ved, AIR 2010 Uttra 14
C. Daulat Ram v. Gopal Krishan, AIR 2010 Uttra 9
D. Vijay Goyal v. State, AIR 2010 Uttra 12
Select an option to see the answer and solution.
A suit filed by 'X' for a declaration that a one year old boy allegedly born to the defendant wife 'Y' was not his son.
A. The suit is competent and maintainable under Section 34 of the Specific Relief Act, 1963
B. Suit is not competent and maintainable under Section 34 of the Specific Relief Act, 1963
C. The suit is expressly barred under Section 14 of the Specific Relief Act, 1963
D. The suit is expressly barred under Section 38 of the Specific Relief Act, 1963
Select an option to see the answer and solution.
Which of the following Sections of Specific Relief Act deals with recovery of specific immovable property?
A. Section 3
B. Section 4
C. Section 5
D. Section 6
Select an option to see the answer and solution.
To claim specific performance of a contract, it is
A. Necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract
B. Necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract
C. Necessary to prove that the plaintiff was ready and willing to perform his part of contract
D. Even if not pleaded and proved accordingly the Court can draw such inference from the circumstances
Select an option to see the answer and solution.
In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,
A. In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff
B. Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.
C. Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.
D. Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.
Select an option to see the answer and solution.
In which of the following cases, performance of the contract would be specifically enforced by the Court
A. A contract to marry
B. A contract to give money on loan
C. A contract to refer a dispute to arbitration
D. A contract to sell a painting by a well-known dead painter
Select an option to see the answer and solution.
Which of the following is a contract that cannot be specifically enforceable?
A. A contract which is in its nature determinable
B. A contract which is so dependent on the personal qualifications
C. Both a contract which is in its nature determinable and also dependent on the personal qualifications
D. Where the suit is for the purchase of a share of a partner in a firm
Select an option to see the answer and solution.
