81
The following contracts cannot be specifically enforced, namely
A)
A contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such that the Court cannot enforce specific performance of its material terms
B)
A contract which is in its nature determinable
C)
Both (A) and (B)
D)
Neither (A) nor (B)
Answer & Solution
Answer: Option
C
82
Specific performance of any contract may, in discretion of the court, be enforced
A)
When there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done
B)
When the Act agreed to be done is such that compensation in money for its non-performance would not afford inadequate relief
C)
Both (A) and (B)
D)
None of above
Answer & Solution
Answer: Option
C
83
The circumstances under which a perpetual injunction can be granted have been enumerated under:
A)
Section 36 of the Specific Relief Act, 1963
B)
Section 37 of the Specific Relief Act, 1963
C)
Section 38 of the Specific Relief Act, 1963
D)
Section 39 of the Specific Relief Act, 1963
Answer & Solution
Answer: Option
C
84
Sub-section (1) of section 27 of specific Relief Act provides that the Court may allow the relief of rescission in the following cases:
A)
Where the contract is voidable or terminable by the plaintiff
B)
Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed
C)
Where the position of the parties has been altered to such an extent that they cannot be put back to their original status
D)
Both (A) and (B)
Answer & Solution
Answer: Option
D
85
A defendant in a suit for recovery of possession of immovable property,
A)
Can take the plea of lawful title and in the alternative the plea of adverse possession
B)
Cannot take the plea of lawful title and in the alternative the plea of adverse possession as the two are antithetical to each other
C)
Can take a plea "of lawful" title and in the alternative the plea of adverse possession and succeed on both
D)
Can take a plea of lawful title and in the alternative the plea of adverse possession and succeed on either
Answer & Solution
Answer: Option
B
86
In which of the following cases would the specific performance of any contract not be enforced by the Court?
A)
Where the property is not an ordinary article of commerce
B)
Where the property consists of goods which are not easily obtainable in the market
C)
Where compensation in money can be afforded for non-performance of the contract as an adequate relief
D)
Where there exists no standard for ascertaining the actual damage caused by non-performance of the contract
Answer & Solution
Answer: Option
C
87
What is/are case(s) in which specific performance of contract is enforceable:
A)
When there exists no standard for ascertaining the actual damage caused by the non-performance
B)
When the act agreed to be done is such that compensation in money, for its non-performance would not afford adequate relief
C)
When prima facie case is in favour of plaintiff
D)
Both (A) and (B)
E)
None of these
Answer & Solution
Answer: Option
D
88
Section 8 can be invoked
A)
If compensation in money is an adequate relief
B)
If the damages can be easily ascertained
C)
If the article is held by the person as agent or trustee of the claimant
D)
If the article has been rightly transferred from the claimant
Answer & Solution
Answer: Option
C
89
Under Section 12 of the Specific Relief Act, 1963, the general rule is that
A)
The specific performance of a part of the contract can be granted
B)
The specific performance of a part of the contract shall not be granted
C)
The specific performance of a part of the contract may not be granted
D)
A contract can be performed in piece-meal
Answer & Solution
Answer: Option
B
90
Court's power to award compensation is provided in Specific Relief Act
A)
Under Section 20
B)
Under Section 21
C)
A and B
D)
None of the above
Answer & Solution
Answer: Option
B
