Specific Relief Act MCQ question and answer

21

Specific Relief Act: Which of the following contracts cannot be specifically enforced

A) A contact for which is in its nature determinable B) A contract the non performance of which compensation in money is not an adequate relief C) A contract the performance of which not involves the performance of a continuous duty which the court can supervise D) A contract from its nature is such, that the Court can enforce specific performance of its material terms

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Answer & Solution

Answer: Option A

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22

A Court is empowered to grant in injunction to perform the negative agreement:

A) Where the contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement not to do a certain act B) In all cases where a contract comprises an affirmative agreement to do a certain act C) Only in the case of contracts of musical performance D) Only in the case of contracts of stage performance musical or theatrical

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Answer & Solution

Answer: Option A

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23

Dismissal of the suit of the plaintiff seeking injunction by virtue of section 40 of the Specific Relief Act, 1963

A) Does not bar the plaintiff to sue for damages for the breach for which the injunction was sought B) The plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court C) Bars the plaintiff to sue for damages for the breach for which the injunction was sought D) Either (B) or (C)

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Answer & Solution

Answer: Option C

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24

Section 12 of the Specific Relief Act deals with:

A) Rectification of instrument B) Personal bars to relief C) Specific performance of part of contract D) Cancellation of instruments

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Answer & Solution

Answer: Option C

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25

Under section 6 of the Specific Relief Act suit by person dispossessed of immovable property shall not be brought

A) After the expiry of one year from the date of dispossession B) After the expiry of six months from the date of dispossession C) After the expiry of three months from the date of dispossession D) After the expiry of six weeks from the date of dispossession

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Answer & Solution

Answer: Option B

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26

Any instrument may be rectified under the Specific Relief Act, 1963 in

A) Section 6 B) Section 16 C) Section 36 D) Section 26

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Answer & Solution

Answer: Option D

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27

A Court may not exercise its discretion to decree specific performance of a contract when

A) The contract gives the plaintiff an unfair advantage over the defendant B) When there exists no measure for ascertaining actual damage from breach of such contract C) The contract is voidable at the option of plaintiff D) It involves some hardship to the defendant which he could foresee

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Answer & Solution

Answer: Option A

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28

Under Section 6 of the Specific Relief Act, 1963, a suit for possession of an immovable property can be filed within:

A) 30 days of dispossession B) 3 months of dispossession C) 6 months of dispossession D) 1 year of dispossession

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Answer & Solution

Answer: Option C

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29

Section 8 of the Specific Relief Act can be invoked:

A) Against a person who has possession or control over the article B) Against a person who is the owner of the article claimed C) By a person not entitled to the possession of the article D) In respect of an ordinary article

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Answer & Solution

Answer: Option A

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30

An instrument is not "settlement" under the Specific Relief Act

A) Whereby an interest in the property is devolved by a will B) Whereby devolution of an interest in a movable property is disposed of C) Whereby devolution of successive interests in an immovable property is disposed of D) Whereby devolution of interest in an immovable property is only agreed to be disposed of

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Answer & Solution

Answer: Option A

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Specific Relief Act MCQ question and answer | Law MCQ question