91
Whether in a suit for specific performance of contract to transfer immovable property, burden of proof is on the plaintiff to prove that the breach of contract can not be adequately relieved by compensation in money?
A)
Yes
B)
No
C)
Discretion of the court
D)
None of the above
Answer & Solution
Answer: Option
B
92
Whether injunction to perform negative agreement can be granted?
A)
No
B)
Yes
C)
Only if superior court directs
D)
None of the above
Answer & Solution
Answer: Option
B
93
Under Specific Relief Act, when injunction can be granted
A)
To prevent the breach of a contract the performance of which would be specifically enforced
B)
To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance
C)
To prevent a continuing breach in which the plaintiff has acquiesced
D)
When the plaintiff has no personal interest in the matter
Answer & Solution
Answer: Option
A
94
A sues B for the specific performance of contract. In the plaint, A seeks the relief of specific performance. He does not seek any relief in the alternative. The Court determines that it cannot order the specific performance of the contract. Can the court award compensation instead?
A)
Yes, as Specific Relief Act directs that compensation must be awarded
B)
Compensation can be awarded since Order VII, Rule 7 of the Code of Civil Procedure provides that any other relief can be awarded and the same does not have to be specifically pleaded
C)
Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation
D)
No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent pleadings, and therefore no amendment can be brought to this effect
Answer & Solution
Answer: Option
C
95
Explanation to Section 12 of the Specific Relief Act, 1963, lays down certain -
A)
Conclusive presumptions
B)
Irrebuttable presumptions of law
C)
Rebuttable presumptions of law
D)
Presumption of fact
Answer & Solution
Answer: Option
A
96
The readiness and willingness of a party seeking specific performance of a contract
A)
Must be averred and proved
B)
Must be proved
C)
Must be dispelled by the defendant through cogent evidence
D)
All of the above
Answer & Solution
Answer: Option
B
97
Specific performance of any contracts may be ordered where:
A)
There exists no standard for ascertaining actual damage by non performance of the act to be done
B)
Compensation is adequate relief
C)
The performance of the contract involves performance of a continuous duty which the court cannot supervise
D)
The contract is by its nature determinable
Answer & Solution
Answer: Option
A
98
Which of the following pairs is not correctly matched?
A)
Contracts not specifically enforceable - Section 15
B)
Power to award compensation in certain cases - Section 21
C)
Liquidation of damages not a bar to specific performance - Section 23
D)
Temporary and perpetual injunctions - Section 37
Answer & Solution
Answer: Option
A
99
The person against whom a relief under Specific Relief Act is claimed may plead by way of defence any ground namely
A)
Incapacity of the parties
B)
The uncertainty of contracts
C)
Coercion and undue influence
D)
All the above three
Answer & Solution
Answer: Option
A
100
Under which section of the Specific Relief Act, 1963 the ready and willingness is necessary condition for the specific performance of contract?
A)
Section 14
B)
Section 16(b)
C)
Section 16(c)
D)
Section 18
Answer & Solution
Answer: Option
C
