A mandatory injunction in the nature, is
A. Restitutory
B. Prohibitory
C. Both restitutory and prohibitory
D. Neither restitutory and prohibitory
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Plaintiff may ask for relief of possession, partition or refund of earnest money under Section 22 of the Specific Relief Act, where the suit is for the specific performance of a contract for
A. The transfer of any property
B. The transfer of movable property
C. The transfer of immovable property
D. None of these
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Perpetual injunction can be granted under Section 38 of the Specific Relief Act
A. When compensation affords adequate remedy
B. When there exists standard for ascertaining the actual damages caused
C. When it is necessary to prevent multiplicity of proceedings
D. When the defendant is not a trustee of property for the plaintiff's
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Under Section 6 of Specific Relief Act if any person is dispossessed without his consent of immovable property otherwise than in due course of law, to recover possession . . . . . . . .
A. He has to prove his title
B. He has to prove his prior possession
C. He has to prove both his title and prior possession
D. None of the above
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Cancellation under Section 31 of the Specific Relief Act can be claimed
A. By any person against whom the instruments void or voidable
B. In respect of any instrument not necessarily a contract
C. By party to the instrument
D. All the above
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When no date for performance of a contract is fixed, from which time the period of limitation to file suit fOr specific performance of contract would start?
A. The date of contract
B. The date on which contract was written
C. The date when the plaintiff has notice that performance is refused
D. None of the above
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Under Section 12 of the Specific Relief Act, 1963, the general rule is that the specific performance of a part of the contract
A. Can be granted
B. Shall not be granted
C. May not be granted
D. None of the above
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In which one of the following cases, the Court can grant an injunction as per the provisions of Section 41 Specific Relief Act, 1963?
A. To restrain any person from prosecuting a judicial proceeding
B. To restrain any person from instituting a criminal matter
C. To restrain any person from applying to any legislative body
D. To restrain any person from dispossession by force
Select an option to see the answer and solution.
Section 11 of the Specific Relief Act, refers specific performance of contracts connected with:
A. Arbitration
B. Trusts
C. Both (A) and (B)
D. None of these
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Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract where the part left unperformed -
A. Bears only a small portion of the whole in value and admits of compensation in money
B. Is a small portion of the whole in subject matter and does not admit a compensation in money
C. Is a substantial portion of the whole in value and admits of compensation in money
D. All the above
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What is the time limit for filing suit for recovery of possession of immovable property under Section 6 of Specific Relief Act?
A. 1 year from dispossession
B. 6 months from dispossession
C. 3 months from dispossession
D. No time limit is prescribed
Select an option to see the answer and solution.
If a person is dispossessed from immovable property without due process of law, he has to file suit for possession
A. Within three months
B. Within four months
C. Within twelve months
D. Within six months
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In a suit for specific performance of a contract Court can award compensation to the plaintiff
A. Only if the defendant himself offers compensation
B. Even if the plaintiff does not claim compensation
C. Only if the Court thinks fit to award compensation
D. Only if the plaintiff claims such compensation in his plaint
Select an option to see the answer and solution.
Specific performance of a contract cannot be enforced in favour of a person
A. Who would not be entitled to recover compensation for its breach
B. Who has become incapable of performing or violates any essential term of the contract that on his part remains to be performed
C. Who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of contract which are to be performed by him
D. All above
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Injunction granted under the Specific Relief Act, 1963 may be
A. Temporary only
B. Perpetual only
C. Temporary or perpetual
D. None of the above
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Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of property in which vendor has -
A. Title
B. Imperfect title
C. No title or has an imperfect title
D. None of above
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The Specific Relief Act 1963 was recently amended by
A. Act No. 30 of 2015
B. Act No. 34 of 2019
C. Act No. 32 of 2020
D. None of the above
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Section 31 of the Specific Relief Act, 1963 is related to:
A. Rescission of contracts
B. Cancellation of instruments
C. Declaratory decrees
D. Perpetual injunctions
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In a suit under 6 of the Specific Relief Act, the Court can
A. Adjudicate on the title
B. Direct the defendant(s) to remove the structure
C. Permit the plaintiff to pull down the structure
D. None of the above
Select an option to see the answer and solution.
Which Section provides for a special remedy of possession by way of a summary procedure for a person disposed of immovable property without consent and otherwise in due course of law.
A. Section 6 of the Code of Civil Procedure, 1908
B. Section 12 of the Specific Relief Act, 1963
C. Section 6 of the Specific Relief Act, 1963
D. All of the above
Select an option to see the answer and solution.