Cancellation of instrument is mentioned in
A. Section 8-25 of Specific Relief Act
B. Section of 26 of Specific Relief Act
C. Section 31-33 of Specific Relief Act
D. Sections 36-42 of Specific Relief Act
Select an option to see the answer and solution.
In case of cancellation under Section 31 of the Specific Relief Act the relief of specific performance
A. Is out of question
B. Can be supplemented
C. Can be in the alternative
D. All the above
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Decree for specific performance for movable property can be granted:
A. In case the seller fails to supply the goods
B. When the goods are not available with the seller, but the equivalent are available with third persons
C. When the plaintiff sues for a 50 year old painting
D. Where movable property has been destroyed
Select an option to see the answer and solution.
Which of the following remedies cannot be granted under Specific Relief Act?
A. Declaratory Decree
B. Cancellation of Instrument
C. Grant of Perpetual Injunction
D. Issuance of Writ
Select an option to see the answer and solution.
Section 9 of the Specific Relief Act, 1963, provides for:
A. The grounds on which specific performance of the contracts can be granted
B. The defences which a person, against, whom the relief of specific performance is claimed, may plead
C. The defences which a person, against whom the relief of specific performance is claimed, cannot plead
D. The grounds on which specific performance of a contract cannot be granted
Select an option to see the answer and solution.
Statutory recognition of the principles of equity in the Specific Relief Act is regarding
A. Specific performance
B. Injunction
C. Rectification and rescission
D. All of the above
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The correct position of law with respect to damages in lieu of Specific Performance of Contract would be:
A. That the party in breach can offer to pay the liquidated damages in lieu of the specific performance of the contract
B. The right to claim damages always subsists in the party claiming breach of the contract even after losing his case for specific performance
C. Both the statements are correct
D. Neither of the statement is correct
Select an option to see the answer and solution.
An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act, 1963 is known as a:
A. Permanent injunction
B. Mandatory injunction
C. Temporary injunction
D. Perpetual injunction
Select an option to see the answer and solution.
In Specific Relief Act all other words and expressions used but not defined, then their definition and meaning would be the same which has been defined under.
A. Transfer of Property Act, 1882
B. Civil Procedure Code, 1908
C. Indian Contract Act, 1872
D. Easement Act
Select an option to see the answer and solution.
Legal character or right under Section 34 of the Specific Relief Act, must be
A. Specific
B. Abstract
C. Contingent
D. Any of the above
Select an option to see the answer and solution.
A suit for possession of an immovable property based on title by a plaintiff, who has been dispossessed can be filed:
A. Within six months of dispossession as per Section 5 of Specific Relief Act
B. Even beyond six months and upto a period of 12 years as provided in Article 65 of the Limitation Act when dispossession is of a person who is the title holder of the immovable property
C. Beyond six months against a rank trespasser, by an owner of an immovable property, if dispossession of the plaintiff of an immovable property takes place after plaintiff had already given a public notice of his being in actual physical possession of the suit property against the world at large
D. Beyond six months of dispossession of a person having an ownership title, and against a person who dispossesses the person having ownership title provided only if the title of the plaintiff is recorded either in the municipal records or in the revenue records
Select an option to see the answer and solution.
A suit under Section 6 of the Specific Relief Act, 1963 can be filed:
A. For recovery of possession of movable property
B. For recovery of possession of immovable property
C. For recovery of both immovable property and movable property
D. Against the government
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Ramesh and Geeta were husband and wife living in Bangalore. Ramesh was an Income Tax Officer and Geeta was a school teacher. They had two sons studying in schools in Bangalore. Parents of Ramesh were also staying with them. Ramesh was transferred to Madras and he had to leave his family behind at Bangalore. He promised to send every month Rupees thirty thousand to meet family expenditure, to his wife. Ramesh did not send any money from Madras. If Geeta filed a suit for specific performance of the contract, then which one of the following is correct?
A. Family agreements are not contracts and hence, no order for specific performance can be ordered
B. It is a valid contract. Specific performance is to be ordered
C. This is being an agreement without consideration. It is not an enforceable contract
D. It is a breach of family responsibilities, so specific performance order is called for
Select an option to see the answer and solution.
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 instituting or prosecuting any proceeding in any Court
C. To restrain any person from instituting or prosecuting any proceeding in a Court subordinate to that from which injunction is sought
D. To restrain any person from instituting or prosecuting any proceeding in the same court from which injunction is sought
Select an option to see the answer and solution.
Specific performance of a contract means
A. Actual execution of the contract according to its stipulation and terms
B. Claim of damages or compensation for the non-execution of the contract
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
A contracts with B to sing for twelve months at B' 5 theatre and not to sing in public elsewhere.
A. B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment
B. B can only obtain specific performance to sing
C. B could not only obtain specific performance to sing, but he is also entitled to an injunction restraining A from singing at any other place of public entertainment
D. None of the above
Select an option to see the answer and solution.
A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
A. True
B. False
C. It is upto trustee
D. Both B and C
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Sub-section (2) of Section 27 of Specific Relief Act accordingly provides that the right of rescission is not available in the following cases:
A. Where the position of the parties has been altered to such an extent that they cannot be put back to their original status
B. Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed
C. Where the plaintiff is seeking rescission of only a part of the contract and that part is not severable from the rest of the contract
D. Both (A) and (C)
Select an option to see the answer and solution.
Under Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of -
A. Torts
B. Contracts
C. Both (A) and (B)
D. None of the above
Select an option to see the answer and solution.
Under Section 10 of the Specific Performance Act, the specific performance cannot be granted, if
A. There is no concluded contract
B. There is a concluded contract
C. The compensation in money is not an adequate relief
D. There exists no standard for ascertaining the actual damages
Select an option to see the answer and solution.
