Specific Relief Act: Which of the following contracts cannot be specifically enforced
A. A contact for which is in its nature determinable
B. A contract the non performance of which compensation in money is not an adequate relief
C. A contract the performance of which not involves the performance of a continuous duty which the court can supervise
D. A contract from its nature is such, that the Court can enforce specific performance of its material terms
Select an option to see the answer and solution.
A Court is empowered to grant in injunction to perform the negative agreement:
A. Where the contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement not to do a certain act
B. In all cases where a contract comprises an affirmative agreement to do a certain act
C. Only in the case of contracts of musical performance
D. Only in the case of contracts of stage performance musical or theatrical
Select an option to see the answer and solution.
Dismissal of the suit of the plaintiff seeking injunction by virtue of section 40 of the Specific Relief Act, 1963
A. Does not bar the plaintiff to sue for damages for the breach for which the injunction was sought
B. The plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court
C. Bars the plaintiff to sue for damages for the breach for which the injunction was sought
D. Either (B) or (C)
Select an option to see the answer and solution.
Section 12 of the Specific Relief Act deals with:
A. Rectification of instrument
B. Personal bars to relief
C. Specific performance of part of contract
D. Cancellation of instruments
Select an option to see the answer and solution.
Under section 6 of the Specific Relief Act suit by person dispossessed of immovable property shall not be brought
A. After the expiry of one year from the date of dispossession
B. After the expiry of six months from the date of dispossession
C. After the expiry of three months from the date of dispossession
D. After the expiry of six weeks from the date of dispossession
Select an option to see the answer and solution.
Any instrument may be rectified under the Specific Relief Act, 1963 in
A. Section 6
B. Section 16
C. Section 36
D. Section 26
Select an option to see the answer and solution.
A Court may not exercise its discretion to decree specific performance of a contract when
A. The contract gives the plaintiff an unfair advantage over the defendant
B. When there exists no measure for ascertaining actual damage from breach of such contract
C. The contract is voidable at the option of plaintiff
D. It involves some hardship to the defendant which he could foresee
Select an option to see the answer and solution.
Under Section 6 of the Specific Relief Act, 1963, a suit for possession of an immovable property can be filed within:
A. 30 days of dispossession
B. 3 months of dispossession
C. 6 months of dispossession
D. 1 year of dispossession
Select an option to see the answer and solution.
Section 8 of the Specific Relief Act can be invoked:
A. Against a person who has possession or control over the article
B. Against a person who is the owner of the article claimed
C. By a person not entitled to the possession of the article
D. In respect of an ordinary article
Select an option to see the answer and solution.
An instrument is not "settlement" under the Specific Relief Act
A. Whereby an interest in the property is devolved by a will
B. Whereby devolution of an interest in a movable property is disposed of
C. Whereby devolution of successive interests in an immovable property is disposed of
D. Whereby devolution of interest in an immovable property is only agreed to be disposed of
Select an option to see the answer and solution.
A declaration made is binding on
A. The parties to the suit
B. Persons claiming through the parties to the suit
C. Where any party is a trustee, in the persons for whom such parties would be trustees
D. All the above
Select an option to see the answer and solution.
A court may deny specific performance of an agreement to sell an immovable property if
A. It is of the option that the consideration is inadequate
B. The court feels that the contract is onerous to the defendant
C. The performance of the contract would involve hardship on the defendant which he did not foresee and non-performance would involve no such hardship on the plaintiff
D. All of these
Select an option to see the answer and solution.
Remedy of rescission of contract
A. Is the same as specific performance
B. Is opposite of specific performance
C. Does not affect specific performance
D. Makes specific performance easy
Select an option to see the answer and solution.
Under section 10 of Specific Relief Act, the specific performance of the contract shall be enforced
A. If there is no concluded contract
B. If there is a concluded contract
C. If the compensation in money is not an adequate relief
D. None of the above
Select an option to see the answer and solution.
In which case did the Supreme court lay down the test which may be adopted as a working rule for determining the attributes of settled possession?
A. Lalith Mohan v. Kishan Mohan
B. Puran Singh case
C. Narasimha Bhatt case
D. None of the above
Select an option to see the answer and solution.
A, B and C are coparceners, A is in separate possession of joint family property. He sells it to D and puts D in possession. B and C sue for declaration of title that the property is joint family property. The Court
A. Will issue a declaration that property is joint family property
B. Will direct the plaintiff to implied 'A' as a party before granting decree for declaration
C. Will dismiss the suit as plaintiffs are in a position to claim consequential relief of possession
D. None of the above
Select an option to see the answer and solution.
Section 13 of the Specific Relief Act confers certain rights on:
A. Seller of immovable property
B. Purchaser of immovable property
C. Purchaser of movable property
D. Seller of movable property
Select an option to see the answer and solution.
Under which section of the Specific Relief Act, 1963, power to award comensation in certain cases have been given?
A. Section 19
B. Section 18
C. Section 21
D. Section 22
Select an option to see the answer and solution.
A perpetual injunction means:
A. A judicial process
B. Thing prevented is a wrongful act
C. Preventive in nature
D. All of the above
Select an option to see the answer and solution.
An injunction can be granted:
A. When the plaintiff has no personal interest in the matter
B. To prevent continuing breach in which the plaintiff has acquiesced
C. To prevent the breach of a contract, the performance of which cannot be specifically enforced
D. When necessary to prevent multiplicity of judicial proceedings
Select an option to see the answer and solution.
