41
Under Section 6 of Specific Relief Act a suit for recovery of possession of immovable property may be brought within . . . . . . . . from the date of dispossession
A)
6 Months
B)
3 Months
C)
1 Year
D)
3 Years
Answer & Solution
Answer: Option
A
42
When mandatory injunction cannot be issued-
A)
When the injury can be compensated by damages
B)
When the balance of convenience is in favour of the defendant
C)
Where the obstruction is permanent in nature
D)
Where there is a legal obligation on the part of the defendant to perform some positive act
Answer & Solution
Answer: Option
A
43
Under the Specific Relief Act, 1963, a suit for recovery of possession can be filed:
A)
Only in respect of moveable property
B)
Only in respect of immovable property
C)
In respect of both moveable and immovable properties
D)
Neither in respect of moveable nor in respect of immovable property
Answer & Solution
Answer: Option
C
44
Absence of Income-tax clearance under section 230 of Income Tax Act is . . . . . . . . . ground for refusing specific performance
A)
A valid
B)
Not a valid
C)
Conditional
D)
Unconditional
Answer & Solution
Answer: Option
A
45
Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the contract is:
A)
Small proportion
B)
Considerable part
C)
Equal part
D)
None of these
Answer & Solution
Answer: Option
A
46
Contract not specifically enforceable:
A)
A contract for the non performance of which compensation in money is an adequate relief
B)
A contract which runs into such minute or numerous detail
C)
A contract the performance of which involves the performance of continuous duty which the court cannot supervise
D)
All of the above
Answer & Solution
Answer: Option
D
47
A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument:
A)
By instituting a suit under Registration Act, 1908
B)
By filing an application under Section 151 of the Code of Civil Procedure, 1908
C)
By instituting a suit under Section 26 of the Specific Relief Act, 1963
D)
Cannot be rectified
Answer & Solution
Answer: Option
C
48
In cases of specific performance of a contract, the rights of the parties are governed by the principles of:
A)
Equity
B)
Law
C)
Equity & Law
D)
Only equity and not law
Answer & Solution
Answer: Option
C
49
Which one of the following contracts is specifically enforceable?
A)
A', an author, contracts with 'B', a publisher, to complete a literary work
B)
A' contracts to sell and 'B' contracts to buy a residential building
C)
'A' contracts to marry 'B'
D)
'A' contract by a guardian to purchase immovable property of behalf of a minor
Answer & Solution
Answer: Option
B
50
The limitation period for filing a suit by a person dispossessed of immovable property is
A)
Within six months from the date of dispossession
B)
Within six months from the date on which the petitioner comes to know of the dispossession
C)
Within twelve months from the date of possession
D)
Within twelve months from the date on which the petitioner comes to know of the dispossession
Answer & Solution
Answer: Option
A
