MCQs on The Specific Relief Act, 1963

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MCQs on The Specific Relief Act, 1963

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  1. Perpetual injunction under section 38 can be granted
  2. (a) when there exists no standard for ascertaining the actua1 damages caused
    (b) when compensation would not afford adequate relief
    (c) when the defendant is a trustee of the property for the plaintiff
    (d) all the above.

    d. all the above.

  3. Specific performance of contract to build or repair can be ordered
  4. (a) where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
    (b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages
    (c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages
    (d) all the above.

    a. where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages

  5. Absence of Income-tax clearance under section 230 of Income Tax Act is ……ground for refusing specific performance
  6. (a) a valld
    (b) not a valid
    (c) conditional
    (d) unconditional.

    a. a valld

  7. A claim for damages in suits for injunction can be laid
  8. (a) under section 38
    (b) under section 39
    (c) under section 40
    (d) under section 37.

    c. under section 40

  9. Damages in suits for injunctions cannot be granted
  10. (a) if the plaintiff has not claimed damages
    (b) if the suit of the plaintiff is dismissed
    (c) both (a) & (b)
    (d) neither (a) nor (b).

    c. both (a) & (b)

  11. Specific performance of a contract means
  12. (a) actual execution Of the contract according to its stipulation and terms
    (b) claim of damages or compensation for the non-execution of the contract
    (c) either (a) or (b)
    (d) neither (a) nor (b).

    a. actual execution Of the contract according to its stipulation and terms

  13. Jurisdiction of the court to enforce specific performance of a contract is
  14. (a) absolute
    (b) discretionary
    (c) general & not exceptional
    (d) extensive.

    b. discretionary

  15. Specific performance of a contract
  16. (a) will be ordered generally where damages are an adequate remedy
    (b) may be ordered where damages are an adequate remedy
    (c) will never be ordered if damages are an adequate remedy
    (d) may not be ordered if damages are an adequate remedy.

    c. will never be ordered if damages are an adequate remedy

  17. In which of the following cases, specific performance of a contract Will not be ordered
  18. (a) where pecuniary compensation would afford adequate relief
    (b) where the a cts Would require continued supervision by the court
    (c) where the contract provides for personal affirmative aCts or personal service
    (d) all the above.

    d. all the above.

  19. Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract
  20. (a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract
    (b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract
    (c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court
    (d) either (b) or (c).

    a. the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract

  21. Rise in value since agreement is
  22. (a) a ground to refuse specific performance in case of an agreement to sell immovable property
    (b) a ground to refuse specific performance in case of an agreement to sell movable property
    (c) a ground to refuse specific performance in case of an agreement to sell immovable and movable property both
    (d) a ground to refuse specific performance in case of an agreement to sell either immovable or movable property.

    c.a ground to refuse specific performance in case of an agreement to sell immovable and movable property both

  23. Specific performance of a contract can be granted in respect of
  24. (a) immovable property
    (b) chattels
    (c) immovable property as well as chattels
    (d) only (a) and not (b).

    d. only (a) and not (b).

  25. Under the Specific Relief Act, the declaratory decree can
  26. (a) be declined
    (b) not be declined
    (c) be commuted
    (d) be withheld.

    a. be declined

  27. Under the Specific Relief Act, a suit for possession can be filed in respect of
  28. (a) Movable property only
    (b) Immovable property only
    (c) Both (a) and (b)
    (d) Neither (a) nor (b).

    c. Both (a) and (b)

  29. ”Obligation” as defined under section 2(a) of the Specific relief Act 1963 includes every________ is enforceable by law
  30. (a) Duty
    (b) Right
    (c) Both (a) and (b)
    (d) Neither (a) nor (b).

    a. Duty

  31. Under which section of the Specific Relief Act, 1963, power to award compensation in certain cases have been given?
  32. (a) Section 19
    (b) Section 18
    (c) Section 21
    (d) Section 22.

    c. Section 21

  33. Under which circumstances an injunction cannot be granted under section 41 of the Specific Relief Act, 1963 to
  34. (a) Restrain any person from prosecuting a judicial proceedings
    (b) Restrain any person from applying to any legislahve proceedings
    (c) Both (a) and (b)
    (d) Only (a) and not (b)

    c.Both (a) and (b)

  35. A suit under Section 6 of the Specific Relief Act, 1963 can be filed:
  36. (a) for recovery of possession of movable property
    (b) for recovery of possession of immovable property
    (c) for recovery of both immovable property and movable property
    (d) against the government.

    b. for recovery of possession of immovable property

  37. As per Section 10 of the SpecifiC Relief Act, 1963, the specific performance of a contract__________ be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16.
  38. (a) shall
    (b) can
    (c) may
    (d) will.

    a. shall

  39. In which case(s) contract cannot be specifically enforced ?
  40. (a) where a party to the contract has not obtained substituted performance
    (b) a contract the performance of whlCh involves the performance of continuous duty which the court can supervise
    (c) Both (a) & (b)
    (d) None of the above.

    d. None of the above.

  41. Mark the incorrect statement(s):
  42. (a) Power of court to engage expel is laid down in Section 14A of the Specific Relief Act, 1963.
    (b) Court is empowered to engage experts only in suits relating to infrastructure projects.
    (c) The opinion or report given expert shall form part Of the record of the suit.
    (d) None of the above.

    d. None of the above.

  43. The period for disposal of suit filed under the provisions of the Specific Relief Act, 1963 as laid down in Section 20C is
  44. (a) twelve months from the date of first hearing
    (b) twelve months from the date of settlement of issues
    (c) six months from the date of service of summons to the defendant
    (d) twelve months from the date of service of summons to the defendant.

    d. twelve months from the date of service of summons to the defendant.

  45. In case of specific performance of part of contract the purchaser
  46. (a) may relinquish claim to further performance of the remaining part of contract and has right to compensation
    (b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation
    (c) specific performance of part of contract not possible
    (d) none of above.

    a. may relinquish claim to further performance of the remaining part of contract and has right to compensation

  47. The period for disposal of suit filed under the provisions of the Specific Relief Act, 1963 as laid down in Section 20C may be extended after the expiry of the period as prescribed for a maximum
  48. (a) three months in aggregate
    (b) six months in aggregate
    (c) four months in aggregate
    (d) twelve months in aggregate.

    b. six months in aggregate

  49. If a person fails in getting a relief under Section 6 to recover possession then remedy for him is?
  50. (a) To prefer an appeal.
    (b) To file review application
    (c) To institute a regular suit for establishing his title.
    (d) None of the above

    c. To institute a regular suit for establishing his title.

  51. A person entitled to recovery of possession of specific movable property may recover it in the manner provided in?
  52. (a) The Sale of Goods Act, 1930
    (b) Indian contract Act, 1872
    (c) Transfer of Property Act, 1882
    (d) Code of Civil Procedure, 1908

    d. Code of Civil Procedure, 1908

  53. Any person having possession or control of a particular article or movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases?
  54. (a) When compensation in money would not afford the plaintiff adequate relief for the loss of thing claimed.
    (b) When it would be extremely difficult to ascertain the actual damage caused by its loss.
    (c) When the possession of thing claimed has been wrongfully transferred from the plaintiff
    (d) All of the above

    D. All of the above

  55. What is true of Specific Relief Act
  56. (a) it is a procedural law
    (b) it supplements the Code of Civil Procedure
    (c) it is founded on English Law
    (d) all the above.

    d. all the above.

  57. Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of a property
  58. (a) in which vendor has no title or has an imperfect title
    (b) in which vendor has title
    (c) in which vendor has imperfect title
    (d) none of above.

    a. in which vendor has no title or has an imperfect title

  59. Remedy of rescission of contract
  60. (a) is the same as specific performance
    (b) is opposite of specific performance
    (c) does not affect specific performance
    (d) makes specific performance easy.

    b. is opposite of specific performance

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