Specific Relief Act MCQ question and answer

31

What is true of perpetual injunction

A) It is a judicial process B) Preventive in nature C) The thing prevented is a wrongful act D) All of the above

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Answer & Solution

Answer: Option D

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32

The further relief under section 34 must be

A) The one available as additional on the date of the suit B) The one available after the filing of the suit C) The one available as alternative on the date of the suit D) The one available as alternative during the pendency of the suit

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Answer & Solution

Answer: Option A

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33

Following is not the essential condition for applicability of Section 8 of the Specific Relief Act

A) The defendant must be owner of the property B) The Article must be movable property C) The plaintiff must be entitled to immediate possession of the article D) The article must be in possession or control of the defendant

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Answer & Solution

Answer: Option A

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34

A suit for possession of immovable property, under Section 6 of the Specific Relief Act, 1963, can be filed within:

A) 1 year of dispossession B) 6 months of dispossession C) 3 months of dispossession D) 12 years of dispossession

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Answer & Solution

Answer: Option B

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35

Under the Specific Relief Act, the plaintiff

A) Does not have subsisting right to claim any subsequent transaction relating to property B) Possesses subsisting right to claim any subsequent transaction relating to property C) Possesses only pre-existing right to claim any subsequent transaction relating to property D) Does not possess any right

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Answer & Solution

Answer: Option A

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36

Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted

A) If there is no concluded contract B) If there is a concluded contract C) If the compensation in money is not an adequate relief D) If there exists no standard for ascertaining the actual damages

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Answer & Solution

Answer: Option A

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37

In which of the following cases would rescission of a contract be adjudged by the Court?

A) Where the plaintiff has ratified the contract B) The third parties to the contract have acquired the right in good faith C) Where the contract is voidable by the plaintiff D) Where the part of the contract sought to be rescinded is not severable from the rest of the contract

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Answer & Solution

Answer: Option C

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38

In a suit for specific performance of a contract where earnest money is paid by the plaintiff

A) It cannot be refunded if the specific performance is refused B) It can be refunded even if it is not specifically prayed C) It can be refunded only if it is specifically claimed D) It is to be forfeited

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Answer & Solution

Answer: Option C

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39

To maintain suit under section 6 of the Act, the possession must be

A) Actual judicial possession B) Symbolic possession C) Constructive possession D) Either actual or symbolic or constructive

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Answer & Solution

Answer: Option A

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40

Section 9 of the Specific Relief Act, 1963 lays down that in a suit for specific performance or a contract

A) The defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract B) The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract C) The defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court D) Either (B) or (C)

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Answer & Solution

Answer: Option A

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Specific Relief Act MCQ question and answer | Law MCQ question