The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the CPC (Code of Civil Procedure). The said statement is;
A. Correct
B. Not correct
C. Misleading
D. Merely a belief
Select an option to see the answer and solution.
Sections 36 to 42 of Specific Relief Act provides
A. Injunctions
B. Court's discretion on specific performance
C. Cancellation of instruments
D. None of the above
Select an option to see the answer and solution.
Specific Relief can be given in the form of
A. Injunction
B. Stay
C. Specific remedy
D. All of the above
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When to prevent breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, court may under Section 39 of Specific Relief Act, 1963 grant
A. Mandatory Injunction
B. Perpetual Injunction
C. Prohibitory Injunction
D. Specific Performance Decree
Select an option to see the answer and solution.
In a Suit for Specific Performance of Contract, the plaintiff must aver and prove that
A. He is always ready and willing to perform his part
B. He has actually tendered the money to the defendant
C. Both (A) and (B)
D. None of these
Select an option to see the answer and solution.
Mandatory injunctions under Section 39 of Specific Relief Act can be granted
A. To prevent the breach complained of
B. To compel performance of the requisite acts
C. Both (A) and (B) above
D. None above
Select an option to see the answer and solution.
Which Section of the Specific Relief Act, 1963 provides that liquidation of damages is not a bar to specific performance?
A. Section 12
B. Section 15
C. Section 23
D. Section 28
Select an option to see the answer and solution.
Under which circumstances an injunction cannot be granted under section 41 of the Specific Relief Act, 1963 to
A. Restrain any person from prosecuting a judicial proceedings
B. Restrain any person from applying to any legislative proceedings
C. Both (A) and (B)
D. Only (A) and not (B)
Select an option to see the answer and solution.
Which of the following remedies is available when an instrument does not express real intention due to fraud or mutual mistake of the parties?
A. Cancellation of instrument
B. Recession of instrument
C. Rectification of instrument
D. Grant of Injunction
Select an option to see the answer and solution.
Under Section 6 of the Specific Relief Act, the suit can be brought by
A. A servant
B. A manager
C. A tenancy by holding over
D. A trespasser
Select an option to see the answer and solution.
Under section 7 of the Specific Relief Act, a person entitled to the possession of specific movable property may recover it in the manner provided by which legislation:
A. The Limitation Act
B. The Evidence Act
C. The Code of Civil Procedure
D. The Transfer of Property Act
Select an option to see the answer and solution.
It is the principle of law that a person who has been in long and continuous possession can protect the same by seeking injunction against any person in the whole world other than the true owner.
The above Statement is
A. True
B. False
C. Partly true
D. Partly false
Select an option to see the answer and solution.
Under Section 5 of the Specific Relief Act, 1963, mere possession of title is -
A. Enough to maintain an action
B. Not enough to maintain an action
C. Either (A) or (B)
D. None of above
Select an option to see the answer and solution.
On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of
A. Contracts
B. Torts
C. Both (A) and (B)
D. Only (A) and not (B)
Select an option to see the answer and solution.
Specific Relief Act applies to
A. Only immovable property
B. Only movable property
C. Both movable and immovable property
D. None of the above
Select an option to see the answer and solution.
The instrument may be rectified if:
A. Misrepresentation by a party
B. Undue influence by a party
C. Mutual mistakes of parties
D. In all the above
Select an option to see the answer and solution.
Specific Relief Act, 1963, came into operation on
A. 14th December, 1963
B. 1st January, 1964
C. 1st February, 1964
D. 1st March, 1964
Select an option to see the answer and solution.
Section 10 of the Specific Relief Act, 1963 provides for:
A. The contracts which can be specifically enforced
B. The contracts which cannot be specifically enforced
C. Specific performance of a part of the contract
D. None of these
Select an option to see the answer and solution.
A declaratory decree under the Specific Relief Act can:
A. Be commuted
B. Be withheld
C. Be declined
D. Cannot be declined
Select an option to see the answer and solution.
The relief of injunction cannot be granted
A. When equally efficacious relief can be obtained by any other usual mode of proceeding
B. The plaintiff has not come to the court with clean hands
C. To prevent nuisance when it is not reasonably clear
D. All of these
Select an option to see the answer and solution.