The grant or refusal of relief of declaration and injunction under the provisions of Section 34 of the Specific Relief Act is
A. Discretionary
B. Mandatory
C. Prohibitory
D. None of the above
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Limitation to file suit for recovery of specific immovable property under Section 6 of Specific Relief Act is . . . . . . . .
A. Three years
B. Six months
C. Twelve years
D. One year
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The plaintiff proves that there is a breach of contract to transfer an immovable property.
A. The court shall grant decree for specific performance
B. The court has discretion to grant or refuse such decree
C. Superior court's direction necessary
D. None of the above
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Time limit for discovery of mistake or fraud under section 26 of Specific Relief Act, 1963 is
A. 6 months
B. 3 months
C. 1 year
D. No time limit
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The Jurisdiction to decree of specific performance is discretionary and the Court is not bound to grant such relief merely because it is lawful to do so. These words are taken from which section of Specific Relief Act 1963?
A. Section 19
B. Section 20
C. Section 21
D. Section 22
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An agreement to form a partnership
A. Is enforced as a general rule
B. Is enforced where parties have in part performance of the contract carried on the partnership business
C. Either (A) or (B)
D. Neither (A) nor (B)
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The grant of decree of specific performance for the court is:
A. Discretionary
B. Mandatory
C. Arbitrary
D. Obligatory
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The objection as to maintainability of suit of declaration without further relief
A. Must be taken at the earliest stage
B. Can be taken at any step of the proceedings
C. Can be taken for the first time in appeal
D. All the above
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Saroja was granted government land. She was dispossessed without her consent. She instituted suit against the government under Section 6 of Specific Relief Act, 1963, for recovering possession of the property. The court rejected the plaint under Order VII Rule 11(D) of CPC (Code of Civil Procedure). Whether rejection is proper?
A. Yes, because suit under Section 6 against the government would not lie
B. Rejection of plaint is improper
C. Plaintiff must be given opportunity to rectify the mistakes
D. None of the above
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The suit for recovery of possession of an immovable property under Section 6 of Specific Relief Act can be filed against:
A. A private individual
B. The Government
C. Private individual and the Government
D. None of the above
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Which of the following is incorrect with reference to Section 6 of the Specific Relief Act, 1963:
A. This section bars a person from suing to establish his title to the property
B. No suit under this section shall be brought against the Government
C. No appeal lies from an order or decree passed in any suit instituted under this section
D. None of the above
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Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
A. Possession, or partition and separate possession, of the property, in addition to such performance
B. Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused
C. Both (A) and (B)
D. None of the above
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Jurisdiction of the court to enforce specific performance of a contract is
A. Absolute
B. Discretionary
C. General and exceptional
D. Extensive
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The declaration given under Section 34 of the Specific Relief Act is binding on whom?
A. Only on the parties to the Suit
B. On the persons claiming through parties to the Suit
C. Trustee of the trust which is party to the Suit
D. All of the above
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Which of the following sections deals with Personal bars to the remedy of specific relief;
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Find out the correct statement. Specific Relief can be granted:
A. For enforcing individual civil rights and not for enforcing a penal law
B. For enforcing penal law and not for enforcing civil right
C. Only for enforcing penal law
D. For enforcing civil rights and a penal law
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Specific performance of contract is allowed where
A. The plaintiff is not entitled to recover compensation
B. The defendant is incompetent to perform the contract
C. Compensation is not the adequate relief
D. The defendant has died
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For Section 12(4) of the Specific Relief Act, 1963, to apply:
A. The parts of the contract must be divisible
B. The part that can be specifically enforced in independent and separate from the other part
C. Both (A) and (B)
D. Neither (A) nor (B)
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Specific performance of contract to build or repair can be ordered
A. Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
B. Where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages
C. Where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages
D. All the above
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Contracts not specifically enforceable have been enumerated in which Section of the Specific Relief Act, 1963 -
A. Section 11
B. Section 12
C. Section 13
D. Section 14
Select an option to see the answer and solution.