Specific Relief Act MCQ question and answer

81

Further relief under Section 34 of the Specific Relief Act must be the one available

A) As additional on the date of the suit B) As alternative on the date of the suit C) After the filing of the suit D) As alternative during the pendency of the suit

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Answer & Solution

Answer: Option A

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82

A' files a Suit for Mandatory Injunction against illegal disconnection of electricity. 'A' also suffers loss in the business on account of non supply of electricity. The suit for Mandatory Injunction is dismissed. 'A' thereafter files suit for damages for suffering loss. The subsequent Suit is barred

A) Under Code of Civil Procedure B) Under Specific Relief Act C) By limitation D) None of these

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Answer & Solution

Answer: Option B

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83

Specific Relief Act:- An injunction can not be granted-

A) To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings B) To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought C) To restrain any person from applying to any legislative body D) All of these

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Answer & Solution

Answer: Option D

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84

Section 34 of the Specific Relief Act, 1963, sanctions:

A) Every type of declaration B) Only a declaration of legal character C) Only a declaration of a right to property D) A declaration of legal character or of a right to property

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Answer & Solution

Answer: Option D

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85

Grant of a mandatory injunction is regulated by

A) Section 38 of the Specific Relief Act, 1963 B) Section 39 of the Specific Relief Act, 1963 C) Section 40 of the Specific Relief Act, 1963 D) Section 41 of the Specific Relief Act, 1963

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Answer & Solution

Answer: Option B

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86

Choose the true statement about the propositions:
Propositions:
(1) A contract for sale of a patent can be specifically enforced.
(2) A contract to assign a copyright is specifically enforceable.
(3) An agreement to form a partnership is specifically enforceable as a general rule
Assertions:

A) (1) and (2) are incorrect, (3) is correct B) (1) is incorrect, (2) and (3) ani correct C) (2) is incorrect, (1) and (3) are correct D) (3) is incorrect, (1) and (2) are correct

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Answer & Solution

Answer: Option D

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87

A suit under section 6 can be brought by

A) Trespasser B) Tenant holding over C) Servant D) Manager

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Answer & Solution

Answer: Option B

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88

Section 8 of the Specific Relief Act, 1963, cannot be invoked against a person

A) Who has possession of the property B) Who has control over the property C) Who is owner of the property D) None of the above

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Answer & Solution

Answer: Option C

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89

Section 21 of the Specific Relief Act is related to

A) Power to award compensation in certain cases B) Power to grant relief for possession, partition, refund of earnest money etc. C) Both (A) and (B) D) None of the above

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Answer & Solution

Answer: Option A

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90

Which of the following statements is incorrect in reference to the Specific Relief Act, 1963?

A) An injunction cannot be granted when the plaintiff has no personal interest in the matter B) Obligation includes every duty enforceable by law C) Specific performance of a contract can be enforced in favour of a person who would not be entitled to recover compensation for its breach D) The dismissal of a suit for specific performance of a contract shall bar the plaintiffs right to sue for compensation for the breach of such contract

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Answer & Solution

Answer: Option D

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Specific Relief Act MCQ question and answer | Law MCQ question