Under Specific Relief Act in which of the following cases the...

Home / Law / Specific Relief Act / Question

Examveda

Under Specific Relief Act, in which of the following cases, the Court cannot order rectification of instrument

A. Where the instrument through fraud does not express the real intention of the parties

B. Where the instrument through mutual mistake does not express the real intention of the parties

C. Where the instrument is the articles of association of a company

D. Where the rectification of the instrument can be done without prejudice to rights acquired by third persons in good faith and for value

Answer: Option C

This Question Belongs to Law >> Specific Relief Act

Join The Discussion

Related Questions on 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

View Answer

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

View Answer

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)

View Answer

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

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

View Answer