Specific Relief Act MCQ question and answer

1

Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:

A) Section 35 B) Section 36 C) Section 37 D) None of the above

Discuss

Answer & Solution

Answer: Option C

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2

Which of the following statements is wrong? Perpetual injunction

A) Is granted by a decree B) Can be granted without notice to and hearing the defendant C) Can never be granted without notice to and hearing the defendant D) Can be granted on merits only

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Answer & Solution

Answer: Option B

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3

Suit for specific performance is claimed when applicant is . . . . . . . . .

A) Necessary party B) Proper party C) Neither (A) nor (B) D) Both (A) and (C)

Discuss

Answer & Solution

Answer: Option C

Solution:

Necessary party: This refers to a party whose presence is essential for the court to adjudicate all the issues involved in the case completely and effectively. However, being a necessary party is not specifically related to claiming specific performance.

Proper party: This refers to a party who has a direct and substantial interest in the outcome of the suit. In the context of specific performance, the applicant must be a proper party who has a legal right or interest in the contract being enforced.

Neither (A) nor (B): This option is incorrect because the applicant must be a proper party to claim specific performance.

Both (A) and (C): This option is incorrect as it suggests that the applicant must be a necessary party, which is not a requirement for claiming specific performance.

Therefore, a suit for specific performance is claimed when the applicant is a proper party.

4

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A) In a contract, where plaintiff has been given an unfair advantage over the defendant B) In a case where the contract is not enforceable at the instance of the other party C) Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance D) Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff

Discuss

Answer & Solution

Answer: Option B

Solution:

Specific performance is a remedy granted by the court to enforce the terms of a contract when monetary compensation is inadequate. However, there are certain grounds on which the court may refuse to grant specific performance.

The grounds mentioned in Option A, Option C, and Option D indicate situations where the contract is unfair, inequitable, or would cause hardship to the defendant. In such cases, the court may refuse to grant specific performance.

However, Option B states that the contract is not enforceable at the instance of the other party, which means the plaintiff has the right to enforce it. The court shall not refuse specific performance on this ground.

5

Section 41 of the Specific Relief Act, 1963 mentions the cases in which

A) Perpetual injunction can be granted B) Perpetual injunction cannot be granted C) Both (A) and (B) D) Neither (A) nor (B)

Discuss

Answer & Solution

Answer: Option B

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6

A claim for damages in a suit for injunction can be laid down

A) Under Section 38 of the Specific Relief Act B) Under Section 39 of the Specific Relief Act C) Under Section 40 of the Specific Relief Act D) Under Section 37 of the Specific Relief Act

Discuss

Answer & Solution

Answer: Option C

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7

A pledged certain jewel with B. On a complaint by C, the police seized the jewels and deposited them in the Court. Can they recover the jewels by filing a suit under Section 7 of the Specific Relief Act?

A) Yes B) No C) Depends D) None of the above

Discuss

Answer & Solution

Answer: Option B

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8

Which is incorrect of temporary injunctions

A) Continues until a specific time B) Finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing C) Can be granted ex-parte D) Preserves the property in dispute in status quo till the disposal of the suit

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Answer & Solution

Answer: Option B

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9

Where a decree for specific performance of a contract for sale of immovable property has been made and the purchaser within the period allowed by the court does not pay the purchase money which the court has ordered him to pay:

A) The vendor may apply in the same suit in which the decree is made, to have the contract rescinded B) The purchaser may apply in the same suit in which the decree is made to have the contract rescinded and for a direction to the vendor to refund the earnest money/advance consideration received till then along with cost of the suit C) The vendor can forfeit the earnest money D) The vendor has to file a fresh suit for recovery of purchase money

Discuss

Answer & Solution

Answer: Option A

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10

Under Section 8 of the Specific Relief Act, a person, shall not be entitled to specific relief of the delivery of a movable property, in which of the following cases

A) When thing claimed is held by defendant as agent or trustee of the plaintiff B) When compensation in money would be adequate relief for the loss of the thing claimed C) When it would be extremely difficult to ascertain the actual damage caused by its loss D) When the possession of the thing claimed has been wrongfully transferred from the plaintiff

Discuss

Answer & Solution

Answer: Option B

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Specific Relief Act MCQ question and answer | Law MCQ question