As per Section 40 of the Specific Relief Act, where an instrument is evidence of different rights or different obligations the court may in a proper case-
A. Cancel it in part and allow it to stand for the residue
B. Cancel it in whole
C. Cannot cancel any part
D. None of these
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A suit under section 7 may be brought by a person
A. Who is not the owner of the property
B. Who may not have the possession of the property
C. From whose possession the goods may not have been removed
D. Either (A), (B) or (C)
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Under which of the following circumstances a court can grant perpetual injunction?
A. To prevent multiplicity of judicial proceedings
B. When compensation in money would not afford adequate relief
C. No standard for ascertaining actual damage exists
D. All above
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The parties which cannot be compelled to perform specific performances of contract are provided in which section of Specific Relief Act:
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Section 41 of the Specific Relief Act, 1963 lays down the cases in which perpetual injunction -
A. Can be granted
B. Cannot the granted
C. Both (A) and (B)
D. Neilher (A) nor (B)
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Plaintiff has filed the suit for only declaration of title, though he is not in possession of suit property. The suit is barred under which provision of Specific Relief Act, 1963?
A. Section 34
B. Section 35
C. Section 36
D. Section 37
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A person is dispossessed of his immovable property without due course of law. In what period can he bring a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963?
A. Three months
B. Six months
C. Nine months
D. One year
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Under Section 12(2) of the Specific Relief Act, 1963 part performance of a Contract can be enforced by
A. The promisor
B. The promisee
C. Both (A) and (B)
D. None of the above
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Contracts not specifically enforceable have been enumerated in:
A. Section 14 of the Specific Relief Act, 1963
B. Section 13 of the Specific Relief Act, 1963
C. Section 12 of the Specific Relief Act, 1963
D. Section 15 of the Specific Relief Act, 1963
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The engagement diamond ring of 'N' was stolen by 'T', a thief who sold it to 'J' a jeweller. 'N' filed a suit for recovery of ring against 'J'. 'J' contended that he is ready to pay the price of the ring. Whether the decree for recovery of diamond ring can be refused on the ground that
A. Compensation in terms of money would be adequate relief for the loss of ring
B. J' is bona fide purchaser of ring for consideration
C. There is no jural relation between 'N' & 'J'
D. None of these
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Provision regarding grant of mandatory injunction has been made under which of the following sections of Specific Relief Act, 1963
A. Section 31
B. Section 35
C. Section 39
D. Section 43
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A suit for recovery of possession based on the previous possession of a person can be filed by such a person even against real owner of that property who has dispossessed him
A. Within one year of his dispossession
B. Within three years of the dispossession
C. Within six months of his dispossession
D. Is not maintainable
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Mandatory injunction is granted under Specific Relief Act in:
A. Section 37
B. Section 38
C. Section 39
D. Section 41
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Which of the following is a leading case on specific performance of a contract involving personal skills
A. Lumely v. Wagner
B. Willmot v. Barber
C. Rigby v. Cannol
D. None of the above
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Under Section 9 of the Specific Relief Act, 1963, the defendant may plead his defence under the:
A. Law of Contracts
B. Code of Civil Procedure
C. Transfer of Property Act
D. None of the above
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Recovery of specific immovable property is defined
A. Section of 5 of Specific Relief Act
B. Section 120(B) of IPC (Indian Penal Code)
C. Under section 10 of Sale of Goods Act
D. None of the Above
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Which of the following is not correct, regarding Section 6 of the Specific Relief Act, 1963?
A. The period of limitation, for filing a suit thereunder, is 6 months
B. No suit, against the Government, can be brought under the said Section
C. The order, or decree, passed under the said Section, is immune from challenge, by appeal as well as by review
D. It would be necessary for the plaintiff, in such a case, to prove absolute title to the property
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In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that:
A. His readiness and willingness to perform the contract
B. Only, his readiness to perform the contract
C. Only, his willingness to perform the contract
D. Only his potential to perform the contract
Select an option to see the answer and solution.
In terms of Section 26 of the Specific Relief Act, an instrument:
A. Can never be rectified
B. May be rectified
C. May be rectified only when it fails to express the real intention of the party due to fraud
D. May be rectified only when it fails to express the real intention of the parties due to fraud or manual mistake of the party
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Which of the following statements are true regarding a decree of declaration?
(1) It creates no new rights.
(2) It cannot be prayed as a matter of right.
(3) If all the parties are not joined, declaration cannot be granted.
(4) Such a decree is conclusive between the parties to it and persons litigating through them.
A. (1), (2), (3), (4)
B. (1), (3), (4)
C. (1), (2), (3)
D. (1) and (2)
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