21
Specific relief is granted for enforcing:
A)
Individual civil rights
B)
Penal laws
C)
Both individual civil rights and penal laws
D)
Personal criminal liability
Answer & Solution
Answer: Option
A
22
What is true of temporary injunction?
A)
Is permanent between the parties
B)
Concludes the right
C)
Continues until a certain specific period
D)
Can't be granted ex parte
Answer & Solution
Answer: Option
C
23
Under Section 37 of Specific Relief Act, 1963 a temporary injunction can be granted-
A)
After settlement of the issues
B)
Before the conclusion of plaintiffs evidence
C)
Before the conclusion of defendant's evidence
D)
At any stage of the suit
Answer & Solution
Answer: Option
D
24
Mandatory injunction is governed by
A)
Section 38 of the Specific Relief Act
B)
Section 39 of the Specific Relief Act
C)
Section 40 of the Specific Relief Act
D)
Section 41 of the Specific Relief Act
Answer & Solution
Answer: Option
B
25
Whether specific performance of an earlier Agreement to Sell an immovable property can be granted against the person who has subsequently purchased the subject property?
A)
No. Once the immovable property which is subject matter of an Agreement to Sell is sold by the seller to a third person, the earlier Agreement to Sell is frustrated
B)
A proposed buyer under an Agreement to Sell can seek specific performance of a contract to sell an immovable property even if the subsequent purchaser is a purchaser for value but with notice of the prior Agreement to Sell
C)
Only if the immovable property which is subject matter of an Agreement to Sell is transferred during the pendency of the suit and not before filing of the suit
D)
A proposed purchaser under the Agreement to Sell can file a suit against the subsequent purchaser of the property which is subject matter of the prior Agreement to Sell, but only if payment is made by the proposed purchaser by means of cheque or a bank draft
Answer & Solution
Answer: Option
B
26
Who may obtain specific performance of contract under Section 15 of the Specific Relief Act, 1963, in his favour?
A)
Any party of the contract
B)
The representative in interest or the principal of any party
C)
When a company has entered into a contract subsequently becomes amalgamated with another company, the company which arises out of amalgamation
D)
All of the above
Answer & Solution
Answer: Option
D
27
Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is
A)
Small
B)
Considerable
C)
Inconsiderable
D)
Either (A) or (B) or (C)
Answer & Solution
Answer: Option
B
28
Under the Specific Relief Act, a suit for recovery of possession can be filed
A)
Only in respect of movable property
B)
Only in respect of immovable property
C)
In respect of both movable and immovable property
D)
Neither movable nor immovable property
Answer & Solution
Answer: Option
C
29
Under Section 11 of the Specific Relief Act, 1930 a contract made by a trustee in excess of his powers or in the breach of a trust is:
A)
Specifically enforceable at the instance of the trustee
B)
Specifically enforceable at the instance of the second party
C)
Specifically enforceable either at the instance of the trustee or at the instance of a second party
D)
Not specifically enforceable
Answer & Solution
Answer: Option
D
30
For application of section 7 of the Act, the goods must be
A)
In original form
B)
Capable of identification & delivery
C)
Without alteration
D)
All the above
Answer & Solution
Answer: Option
D
