21
The question of title is:
A)
Relevant under section 6 of the Specific Relief Act, 1963
B)
Irrelevant under section 6 of the Specific Relief Act, 1963
C)
Question of title is not a provision under the Specific Relief Act, 1963
D)
None of the above
Answer & Solution
Answer: Option
B
22
Specific performance of a part of the contract, has been dealt with under:
A)
Section 9 of the Specific Relief Act, 1963
B)
Section 10 of the Specific Relief Act, 1963
C)
Section 11 of the Specific Relief Act, 1963
D)
Section 12 of the Specific Relief Act, 1963
Answer & Solution
Answer: Option
D
23
In a suit for specific performance of contract, in which compensation has not been claimed. Fresh suit for compensation
A)
Is maintainable
B)
Is barred
C)
Is maintainable if filed with in limitation
D)
None of these
Answer & Solution
Answer: Option
B
24
Which of the following does not have to be pleaded in an application for temporary injunction?
A)
Malafide intentions of the opposite party
B)
Irreparable harm to the applicant
C)
Prima facie case
D)
Balance of convenience in favour of the applicant
Answer & Solution
Answer: Option
A
25
Which of the following contracts cannot be specifically enforced:
A)
A contracts to sell to B a certain number of railway shares of a particular description. A refuse to complete the sale
B)
A holds certain stocks in trust of B. A wrongfully disposes of the stock
C)
A is a trustee of land with power to lease it for 7 years. He enters into a contract with B to grant a lease of the land for 7 years with a covenant to renew the lease at the expiry of the term
D)
All of the above
Answer & Solution
Answer: Option
D
26
Cases in which specific performance of contract is enforceable
A)
When it is not possible to ascertain the actual damage caused by the non-performance of the act agreed to be done
B)
For breach of contract compensation in money, would not afford adequate relief
C)
Both (A) and (B)
D)
Neither (A) nor (B)
Answer & Solution
Answer: Option
C
27
A suit for rescission of contract by any person having interest in it, can be decreed in his favour
A)
Where the contract is terminable by defendant
B)
Where the contract is voidable at the option of plaintiff
C)
Where the contract is contingent
D)
None of the above
Answer & Solution
Answer: Option
B
28
Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?
A)
Filing of suit within limitation
B)
Plaintiff's capacity including financial
C)
Conduct of plaintiff wanting performance
D)
All of above
E)
None of the above
Answer & Solution
Answer: Option
B
29
Which of the following proposition is not correct:
A)
The plaintiff is entitled to seek a decree for specific performance of contract or compensation in lieu of specific performance under the Specific Relief Act
B)
If liquidated damages have been provided, the plaintiff cannot seek specific performance
C)
The court may grant possession, partition or separate possession to the plaintiff in addition to specific performance of the contract
D)
The court may direct refund of the earnest money or deposit made if specific performance is refused
Answer & Solution
Answer: Option
B
30
Under Specific Relief Act, in which of the following cases, the Court cannot order rectification of instrument
A)
Where the instrument through fraud does not express the real intention of the parties
B)
Where the instrument through mutual mistake does not express the real intention of the parties
C)
Where the instrument is the articles of association of a company
D)
Where the rectification of the instrument can be done without prejudice to rights acquired by third persons in good faith and for value
Answer & Solution
Answer: Option
C
