Which of the following proposition is not correct

Home / Law / Specific Relief Act / Question

Examveda

Which of the following proposition is not correct:

A. The plaintiff is entitled to seek a decree for specific performance of contract or compensation in lieu of specific performance under the Specific Relief Act

B. If liquidated damages have been provided, the plaintiff cannot seek specific performance

C. The court may grant possession, partition or separate possession to the plaintiff in addition to specific performance of the contract

D. The court may direct refund of the earnest money or deposit made if specific performance is refused

Answer: Option B

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