Further relief under Section 34 of the Specific Relief Act must be the one available
A. As additional on the date of the suit
B. As alternative on the date of the suit
C. After the filing of the suit
D. As alternative during the pendency of the suit
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A' files a Suit for Mandatory Injunction against illegal disconnection of electricity. 'A' also suffers loss in the business on account of non supply of electricity. The suit for Mandatory Injunction is dismissed. 'A' thereafter files suit for damages for suffering loss. The subsequent Suit is barred
A. Under Code of Civil Procedure
B. Under Specific Relief Act
C. By limitation
D. None of these
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Specific Relief Act:- An injunction can not be granted-
A. To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings
B. To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought
C. To restrain any person from applying to any legislative body
D. All of these
Select an option to see the answer and solution.
Section 34 of the Specific Relief Act, 1963, sanctions:
A. Every type of declaration
B. Only a declaration of legal character
C. Only a declaration of a right to property
D. A declaration of legal character or of a right to property
Select an option to see the answer and solution.
Grant of a mandatory injunction is regulated by
A. Section 38 of the Specific Relief Act, 1963
B. Section 39 of the Specific Relief Act, 1963
C. Section 40 of the Specific Relief Act, 1963
D. Section 41 of the Specific Relief Act, 1963
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Choose the true statement about the propositions:
Propositions:
(1) A contract for sale of a patent can be specifically enforced.
(2) A contract to assign a copyright is specifically enforceable.
(3) An agreement to form a partnership is specifically enforceable as a general rule
Assertions:
A. (1) and (2) are incorrect, (3) is correct
B. (1) is incorrect, (2) and (3) ani correct
C. (2) is incorrect, (1) and (3) are correct
D. (3) is incorrect, (1) and (2) are correct
Select an option to see the answer and solution.
A suit under section 6 can be brought by
A. Trespasser
B. Tenant holding over
C. Servant
D. Manager
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Section 8 of the Specific Relief Act, 1963, cannot be invoked against a person
A. Who has possession of the property
B. Who has control over the property
C. Who is owner of the property
D. None of the above
Select an option to see the answer and solution.
Section 21 of the Specific Relief Act is related to
A. Power to award compensation in certain cases
B. Power to grant relief for possession, partition, refund of earnest money etc.
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
Which of the following statements is incorrect in reference to the Specific Relief Act, 1963?
A. An injunction cannot be granted when the plaintiff has no personal interest in the matter
B. Obligation includes every duty enforceable by law
C. Specific performance of a contract can be enforced in favour of a person who would not be entitled to recover compensation for its breach
D. The dismissal of a suit for specific performance of a contract shall bar the plaintiffs right to sue for compensation for the breach of such contract
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Whether in a suit for specific performance of contract to transfer immovable property, burden of proof is on the plaintiff to prove that the breach of contract can not be adequately relieved by compensation in money?
A. Yes
B. No
C. Discretion of the court
D. None of the above
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Whether injunction to perform negative agreement can be granted?
A. No
B. Yes
C. Only if superior court directs
D. None of the above
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Under Specific Relief Act, when injunction can be granted
A. To prevent the breach of a contract the performance of which would be specifically enforced
B. To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance
C. To prevent a continuing breach in which the plaintiff has acquiesced
D. When the plaintiff has no personal interest in the matter
Select an option to see the answer and solution.
A sues B for the specific performance of contract. In the plaint, A seeks the relief of specific performance. He does not seek any relief in the alternative. The Court determines that it cannot order the specific performance of the contract. Can the court award compensation instead?
A. Yes, as Specific Relief Act directs that compensation must be awarded
B. Compensation can be awarded since Order VII, Rule 7 of the Code of Civil Procedure provides that any other relief can be awarded and the same does not have to be specifically pleaded
C. Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation
D. No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent pleadings, and therefore no amendment can be brought to this effect
Select an option to see the answer and solution.
Explanation to Section 12 of the Specific Relief Act, 1963, lays down certain -
A. Conclusive presumptions
B. Irrebuttable presumptions of law
C. Rebuttable presumptions of law
D. Presumption of fact
Select an option to see the answer and solution.
The readiness and willingness of a party seeking specific performance of a contract
A. Must be averred and proved
B. Must be proved
C. Must be dispelled by the defendant through cogent evidence
D. All of the above
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Specific performance of any contracts may be ordered where:
A. There exists no standard for ascertaining actual damage by non performance of the act to be done
B. Compensation is adequate relief
C. The performance of the contract involves performance of a continuous duty which the court cannot supervise
D. The contract is by its nature determinable
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Which of the following pairs is not correctly matched?
A. Contracts not specifically enforceable - Section 15
B. Power to award compensation in certain cases - Section 21
C. Liquidation of damages not a bar to specific performance - Section 23
D. Temporary and perpetual injunctions - Section 37
Select an option to see the answer and solution.
The person against whom a relief under Specific Relief Act is claimed may plead by way of defence any ground namely
A. Incapacity of the parties
B. The uncertainty of contracts
C. Coercion and undue influence
D. All the above three
Select an option to see the answer and solution.
Under which section of the Specific Relief Act, 1963 the ready and willingness is necessary condition for the specific performance of contract?
A. Section 14
B. Section 16(b)
C. Section 16(c)
D. Section 18
Select an option to see the answer and solution.