Specific Relief Act MCQ question and answer

41

A mandatory injunction in the nature, is

A) Restitutory B) Prohibitory C) Both restitutory and prohibitory D) Neither restitutory and prohibitory

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

42

Plaintiff may ask for relief of possession, partition or refund of earnest money under Section 22 of the Specific Relief Act, where the suit is for the specific performance of a contract for

A) The transfer of any property B) The transfer of movable property C) The transfer of immovable property D) None of these

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

43

Perpetual injunction can be granted under Section 38 of the Specific Relief Act

A) When compensation affords adequate remedy B) When there exists standard for ascertaining the actual damages caused C) When it is necessary to prevent multiplicity of proceedings D) When the defendant is not a trustee of property for the plaintiff's

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

44

Under Section 6 of Specific Relief Act if any person is dispossessed without his consent of immovable property otherwise than in due course of law, to recover possession . . . . . . . .

A) He has to prove his title B) He has to prove his prior possession C) He has to prove both his title and prior possession D) None of the above

Discuss

Answer & Solution

Answer: Option B

No explanation is given for this question. Let's Discuss on Board

45

Cancellation under Section 31 of the Specific Relief Act can be claimed

A) By any person against whom the instruments void or voidable B) In respect of any instrument not necessarily a contract C) By party to the instrument D) All the above

Discuss

Answer & Solution

Answer: Option D

No explanation is given for this question. Let's Discuss on Board

46

When no date for performance of a contract is fixed, from which time the period of limitation to file suit fOr specific performance of contract would start?

A) The date of contract B) The date on which contract was written C) The date when the plaintiff has notice that performance is refused D) None of the above

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

47

Under Section 12 of the Specific Relief Act, 1963, the general rule is that the specific performance of a part of the contract

A) Can be granted B) Shall not be granted C) May not be granted D) None of the above

Discuss

Answer & Solution

Answer: Option B

Solution:

Under Section 12 of the Specific Relief Act, 1963

The general rule is that specific performance of a part of the contract shall not be granted

This section reflects the principle that courts typically do not enforce only a part of a contract

Specific performance is an equitable remedy, and the whole contract must be capable of being performed

However, there are certain exceptions provided under the same section where partial performance may be granted

But as a general rule, partial enforcement is not allowed under Section 12

48

In which one of the following cases, the Court can grant an injunction as per the provisions of Section 41 Specific Relief Act, 1963?

A) To restrain any person from prosecuting a judicial proceeding B) To restrain any person from instituting a criminal matter C) To restrain any person from applying to any legislative body D) To restrain any person from dispossession by force

Discuss

Answer & Solution

Answer: Option D

No explanation is given for this question. Let's Discuss on Board

49

Section 11 of the Specific Relief Act, refers specific performance of contracts connected with:

A) Arbitration B) Trusts C) Both (A) and (B) D) None of these

Discuss

Answer & Solution

Answer: Option B

No explanation is given for this question. Let's Discuss on Board

50

Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract where the part left unperformed -

A) Bears only a small portion of the whole in value and admits of compensation in money B) Is a small portion of the whole in subject matter and does not admit a compensation in money C) Is a substantial portion of the whole in value and admits of compensation in money D) All the above

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

Specific Relief Act MCQ question and answer | Law MCQ question