Section 12(4) of the Specific Relief Act, 1963, applies when -
A. The part that can be specifically enforced is independent and separate from the other part
B. The parts of the contract must divisible
C. Both (A) and (B)
D. Neither (A) nor (B)
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Under Section 26 of the Specific Relief Act, 1963 for rectification of instruments on the ground of fraud or mutual mistake, the time limit for discovery of fraud or mutual mistake is:
A. Three months
B. Six months
C. One year
D. No time limit is fixed
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Suit for dispossession of immovable property under Section 6 of the Specific Relief Act, 1963 should be brought:
A. Within one year from dispossession
B. Within six months from dispossession
C. Within three months from dispossession
D. Within three years from dispossession
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Under section 10 of the Specific Relief Act, 1930, the presumption is that
A. Breach of a contract to transfer immovable property cannot be adequately compensated in money
B. Breach of a contract to transfer movable property cannot be adequately compensated in money
C. Breach of a contract to transfer immovable property can be adequately compensated in money
D. Both (A) and (B)
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Question of title to an immovable property in a suit under Section 6 of the Specific Relief Act is
A. Relevant
B. Irrelevant
C. Both, depending upon the facts of the case
D. None of these
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Under Section 10 of Specific Relief Act, 1963, the presumption is that breach of a contract to transfer -
A. Movable property cannot be adequately compensatedin money
B. Immovable property cannot be adequately compensated in money
C. Immovable property can be adequately compensated in money
D. Both (A) and (B)
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The provision of Mandatory Injunction is regulated by Section . . . . . . . . of the Specific Relief Act:
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Which of the statement about the Specific Relief (Amendment) Act, 2018 is correct?
A. Will apply to the cases which have arisen after the amendment in the Act
B. Will apply to the contracts entered into after the coming into force of the Amendment Act
C. Will apply to the pending cases
D. None of the statements is correct
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Suit under Section 8 of the Specific Relief Act does not lie against a person who has the possession or control over the article
A. True
B. Party true
C. False
D. None of the above
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Under section 10 the specific performance can be granted
A. If there is a concluded contract
B. If there exists no standard for ascertaining the actual damages
C. If compensation in money is not an adequate relief
D. All the above
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Whether specific performance of the contract can be sought when vendor is entitled to sell his specified and determined share in property
A. No
B. Yes
C. Conditional
D. None of the above
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Relief of rescission is granted in cases:
A. Where the contract is void
B. Where the contract is voidable
C. Both void & voidable contracts
D. Neither void nor voidable contracts
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Temporary injunction -
A. Concludes the right
B. Continues until a certain specific time
C. Is permanent between the parties
D. Cannot be granted ex-parte
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Under Section 15 of the Specific Relief Act, the specific performance of a contract may be obtained by:
A. Any party of the contract
B. The representative in interest of any party of the contract
C. The principal of any party of the contract
D. All of the above
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In which of the following cases, the specific performance of a contract will not be ordered:
A. Where pecuniary compensation would afford adequate relief
B. Where the acts would require contained supervision by the Court
C. Where the contract provides for personal affirmative acts or personal service
D. All the above
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Which of the following is a leading case on rectification of instruments?
A. Whiteside case
B. Fowler v Fowler
C. Both A and B
D. None of the above
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Is it necessary for plaintiffs in suit for perpetual and mandatory injunction, their plea of ownership over land to be proved by production of oral and documentary evidence
A. No
B. Yes
C. Conditional
D. None of the above
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Which of the following can be specifically enforced under Section 10 of the Specific Relief Act, 1963?
A. Contingent contract
B. Formation of a partnership
C. Chattel of special value
D. Deeds of separation
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Under Specific Relief Act 1963 power of Court to engage experts is provided under which Section
A. Section 20A
B. Section 14A
C. Section 20B
D. Section 20C
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Under Clause (3) of Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted when
A. The defendant is not a trustee of property for the plaintiff
B. There exists standard for ascertaining the actual damage caused
C. Compensation would afford adequate remedy
D. It is necessary to prevent multiplicity of proceedings
Select an option to see the answer and solution.