To prevent a continuing breach in which the plaintiff has acquiesced, a court:
A. Can grant perpetual injunction
B. Can grant mandatory injunction
C. Can grant prohibitory injunction
D. Cannot grant injunction
E. None of the above
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A leaves an elephant in B's Charge, C wrongfully takes away the elephant from B. Can B sue C for possession of elephant
A. Yes
B. No
C. Depends
D. None of the above
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An order or decree passed in a suit presented under Section 6 of the Specific Relief Act is
A. Appealable
B. Reviewable
C. Neither Appealable nor Re-viewable
D. Appealable & Reviewable Both
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By virtue of Section 6 of the Specific Relief Act, a suit for possession of an immovable property can be filed within a period of . . . . . . . . of dispossession.
A. 3 years
B. 3 months
C. 6 months
D. 1 year
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Perpetual injunction is -
A. Ajudicial process
B. The thing prevented is a wrongful act
C. Preventive in nature
D. All the above
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As per Section 34 of the Specific Relief Act, 1963 no court shall make any such declaration in a case where
A. Plaintiff is entitled to any legal character
B. Plaintiff is entitled to any right as to any property
C. Plaintiff being able to seek further relief than a mere declaration of title, omits to do so
D. None above
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Under Section 36 of the Specific Relief Act, 1963, the preventive relief is granted by
A. Declaration
B. Specific performance
C. Injunction
D. None of the above
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An injunction cannot be granted
A. To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which injunction is sought
B. To restrain any person from applying to any legislative body
C. To restrain any person from instituting or prosecuting any proceeding in a criminal matter
D. All the above
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A', a singer, has entered into contract with 'B' for giving performance. Subsequently 'A' commits breach of contract. What remedy is available to 'B'?
A. B' can file suit for specific performance of contract against 'A'
B. B' can file suit for injunction against 'A'
C. B' can claim damages for 'A'
D. B' can rectify the contract
Select an option to see the answer and solution.
In a suit for specific performance of contract for sale, the plaintiff should allege that
A. Same
B. He will be ready and willing to perform his part of the contract
C. Both are correct
D. Both are incorrect
Select an option to see the answer and solution.
What is true of perpetual injunction
A. It is a judicial process
B. Preventive in nature
C. The thing prevented is a wrongful act
D. All of the above
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The further relief under section 34 must be
A. The one available as additional on the date of the suit
B. The one available after the filing of the suit
C. The one available as alternative on the date of the suit
D. The one available as alternative during the pendency of the suit
Select an option to see the answer and solution.
Following is not the essential condition for applicability of Section 8 of the Specific Relief Act
A. The defendant must be owner of the property
B. The Article must be movable property
C. The plaintiff must be entitled to immediate possession of the article
D. The article must be in possession or control of the defendant
Select an option to see the answer and solution.
A suit for possession of immovable property, under Section 6 of the Specific Relief Act, 1963, can be filed within:
A. 1 year of dispossession
B. 6 months of dispossession
C. 3 months of dispossession
D. 12 years of dispossession
Select an option to see the answer and solution.
Under the Specific Relief Act, the plaintiff
A. Does not have subsisting right to claim any subsequent transaction relating to property
B. Possesses subsisting right to claim any subsequent transaction relating to property
C. Possesses only pre-existing right to claim any subsequent transaction relating to property
D. Does not possess any right
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Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted
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. If there exists no standard for ascertaining the actual damages
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In which of the following cases would rescission of a contract be adjudged by the Court?
A. Where the plaintiff has ratified the contract
B. The third parties to the contract have acquired the right in good faith
C. Where the contract is voidable by the plaintiff
D. Where the part of the contract sought to be rescinded is not severable from the rest of the contract
Select an option to see the answer and solution.
In a suit for specific performance of a contract where earnest money is paid by the plaintiff
A. It cannot be refunded if the specific performance is refused
B. It can be refunded even if it is not specifically prayed
C. It can be refunded only if it is specifically claimed
D. It is to be forfeited
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To maintain suit under section 6 of the Act, the possession must be
A. Actual judicial possession
B. Symbolic possession
C. Constructive possession
D. Either actual or symbolic or constructive
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Section 9 of the Specific Relief Act, 1963 lays down that in a suit for specific performance or a contract
A. The defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract
B. The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract
C. The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court
D. Either (B) or (C)
Select an option to see the answer and solution.