Sub-section (2) of Section 27 of Specific Relief Act accordingly provides that the right of rescission is not available in the following cases:
A. Where the position of the parties has been altered to such an extent that they cannot be put back to their original status
B. Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed
C. Where the plaintiff is seeking rescission of only a part of the contract and that part is not severable from the rest of the contract
D. Both (A) and (C)
Answer: Option D
This Question Belongs to Law >> Specific Relief Act
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
A. In a contract, where plaintiff has been given an unfair advantage over the defendant
B. In a case where the contract is not enforceable at the instance of the other party
C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance
D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff
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