31
Which of the following is incorrect:
A)
A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract
B)
Family arrangements (compromises) can be specifically enforced
C)
In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance
D)
There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid
Answer & Solution
Answer: Option
D
32
Under Specific Relief Act, 1963, Specific Relief may be granted
A)
For enforcing individual civil right
B)
For enforcing a Penal law
C)
For enforcing both Civil law and a Penal law
D)
For enforcing public rights
Answer & Solution
Answer: Option
A
33
A declaration can be sought by a person whose legal character or right to property not denied -
A)
True
B)
Partly true
C)
False
D)
None of the above
Answer & Solution
Answer: Option
C
34
In which of the following cases the "prohibitory injunction under the Specific Relief Act" was discussed?
A)
Sarvesh v. Smt. Sanju, AIR 2010 Uttra 16
B)
Mansha Ram v. Dr. Ved, AIR 2010 Uttra 14
C)
Daulat Ram v. Gopal Krishan, AIR 2010 Uttra 9
D)
Vijay Goyal v. State, AIR 2010 Uttra 12
Answer & Solution
Answer: Option
C
35
A suit filed by 'X' for a declaration that a one year old boy allegedly born to the defendant wife 'Y' was not his son.
A)
The suit is competent and maintainable under Section 34 of the Specific Relief Act, 1963
B)
Suit is not competent and maintainable under Section 34 of the Specific Relief Act, 1963
C)
The suit is expressly barred under Section 14 of the Specific Relief Act, 1963
D)
The suit is expressly barred under Section 38 of the Specific Relief Act, 1963
Answer & Solution
Answer: Option
A
36
Which of the following Sections of Specific Relief Act deals with recovery of specific immovable property?
A)
Section 3
B)
Section 4
C)
Section 5
D)
Section 6
Answer & Solution
Answer: Option
D
37
To claim specific performance of a contract, it is
A)
Necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract
B)
Necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract
C)
Necessary to prove that the plaintiff was ready and willing to perform his part of contract
D)
Even if not pleaded and proved accordingly the Court can draw such inference from the circumstances
Answer & Solution
Answer: Option
B
38
In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,
A)
In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff
B)
Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.
C)
Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.
D)
Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.
Answer & Solution
Answer: Option
A
39
In which of the following cases, performance of the contract would be specifically enforced by the Court
A)
A contract to marry
B)
A contract to give money on loan
C)
A contract to refer a dispute to arbitration
D)
A contract to sell a painting by a well-known dead painter
Answer & Solution
Answer: Option
D
40
Which of the following is a contract that cannot be specifically enforceable?
A)
A contract which is in its nature determinable
B)
A contract which is so dependent on the personal qualifications
C)
Both a contract which is in its nature determinable and also dependent on the personal qualifications
D)
Where the suit is for the purchase of a share of a partner in a firm
Answer & Solution
Answer: Option
C
