Specific Relief Act MCQ question and answer

91

Section 31 of Specific Relief Act in its application is

A) Based on protective or preventive justice B) Restricted to contracts only C) Restricted to the parties to the contract D) Mandatory in nature

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Answer & Solution

Answer: Option A

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92

Which of the following statement is incorrect in the context of Section 41 of Specific Relief Act, 1963

A) The Court cannot grant injunction to restrain any person from applying to any legislative body B) The Court cannot grant injunction to prevent a continuing breach in which plaintiff acquiesced C) The Court cannot grant injunction to restrain any person from instituting or prosecuting any proceeding in a criminal matter D) The Court cannot grant injunction when the plaintiff has got no personal interest in the matter E) None of these

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Answer & Solution

Answer: Option E

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93

For the purposes of the Specific Relief Act, 1963 the word "settlement" means:

A) An instrument whereby the destination or devolution of successive interests in movable property is disposed of B) An instrument including codicil or will whereby the destination or devolution of successive interests in immovable property is disposed of or is agreed to be disposed of C) An instrument including codicil or will whereby the devolution of successive interests in movable or immovable property is disposed of D) An instrument including codicil or will whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of

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Answer & Solution

Answer: Option D

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94

Rise in value since agreement is

A) A ground to refuse specific per-formance in case of an agreement to sell immovable property B) A ground to refuse specific per-formance in case of an agreement to sell movable property C) A ground to refuse specific per-formance in case of an agreement to sell immovable and movable property both D) Not a ground to refuse specific performance in case of an agreement to sell either immovable or movable property

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Answer & Solution

Answer: Option C

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95

Specific Relief Act is based on the maxim 'ubi jus ibi remedium'. What does it mean?

A) Where there is law there must be a remedy B) Where there is a right there has to be a complete remedy C) Where there is remedy there is justice D) Justice demands law

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Answer & Solution

Answer: Option B

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96

In which of the following case would the Court not grant perpetual injunction when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of property?

A) Where the defendant is the agent of the plaintiff B) Where compensation in money would not afford adequate relief C) Where it is necessary to prevent multiplicity of judicial proceedings D) Where there exists no standard for ascertaining the actual loss caused to the plaintiff

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Answer & Solution

Answer: Option A

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97

In the case of a breach of contract to sell immovable property the Court shall draw a presumption that-

A) Breach of contract cannot be adequately relieved by money compensation B) That the breach can be compensated by money C) That the suit can be decreed D) That the suit cannot be decreed

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Answer & Solution

Answer: Option A

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98

What is the prescribed period of limitation for filing a civil suit, challenging the dispossession of the plaintiff on the ground that the land had been illegally acquired by the Government?

A) One year from the date of dispossession B) Three years from the date of dispossession C) Twelve years from the date of dispossession D) None, as the suit is not maintainable

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Answer & Solution

Answer: Option D

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99

The basis of specific relief is:

A) Law of equity B) Common law C) Roman law D) All of the above

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Answer & Solution

Answer: Option A

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100

Specific performance of any contract is granted:

A) If provided in the contract B) If the contract is in its nature determinable C) At the discretion of the court D) In all the above

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Answer & Solution

Answer: Option C

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Specific Relief Act MCQ question and answer | Law MCQ question