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2. Where applicant neither necessary nor proper party in suit of specific performance whether his
presence is necessary for effective adjudication?
(a) yes
(b) no
(c) conditional one
(d) none of above.
6. A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed
within
(a) 1 year of dispossession
(b) 6 months of dispossession
(c) 3 years of dispossession
(d) 12 years of dispossession.
7. A suit for recovery of possession of an immovable property under section 6 of Specific Relief Act
can be filed against
(a) a private individual only
(b) a government
(c) both a private individual and a government
(d) neither (a) nor (b).
9. To maintain suit under section & of the Act, the possession must be
(a) actual judicial possession
(b) symbolic possession
(c) constructive possession
(d) either actual or symbolic or constructive.
13. A suit for possession under section 5 of Specific Relief Act, can be filed within
(a) 3 years
(b) 6 months
(c) 12 years
(d) 30 years.
24. Under section 10 of Specific Relief Act, the specific performance of the contract cannot be
granted
(a) if there is no concluded contract
(b) if there is a concluded contract
(c) if the compensation in money is not an adequate relief
(d) if there exists no standard for ascertaining the actual damages.
28. Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected
in respect of a property
(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.
29. Within the meaning of section 15 of the Specific Relief Act, 1963, the assignee falls
(a) within the meaning of representative in interest or principal
(b) representative of interest only
(c) representative of principal only
(d) none of above.
32. Section 26 fixes the time limit for discovery of mistake or fraud to be
(a) six months
(b) three months
(c) 1 year
(d) no time limit is fixed.
52. The grant or refusal of relief of declaration and injunction under the provisions of section 34 is
(a) discretionary
(b) mandatory
(c) prohibitory
(d) none of above.
56. The general principles on which the , perpetual injunctions could be granted are contained in
(a) Section 37
(b) Section 38
(c) Section 39
(d) Section 40.
66. In cases of specific performance of a contract, the rights of the parties are governed by the
principles of
(a) equity
(b) law
(c) equity and law
(d) only equity and not law.
67. Under section 10 of the Specific Relief Act, 1963, which of the following contracts can be
specifically enforced
(a) a written agreement whereby the defendant had agreed with the plaintiff to take the lease of a
house for a certain term at a certain rent subject to the preparation and approval of a formal
contract, no other contract has even been entered into between the parties
(b) an agreement to transfer certain properties subject to sanction by the sanctioning authority
(c) both (a) and (b)
(d) neither (a) nor (b).
68. Specific performance of a contract means
(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).
71. In which of the following cases, the specific performance of a contract will not be ordered
(a) where pecuniary compensation would afford adequate relief
(b) where the acts would require continued supervision by the court
(c) where the contract provides for personal affirmative acts or personal service
(d) all the above.
80. Under section 10 of the Specific Relief Act, 1930, the presumption is that
(a) breach of a contract to transfer immovable property cannot be adequately compensated in
money
(b) breach of a contract to transfer movable property cannot be adequately compensated in money
(c) breach of a contract to transfer immovable property can be adequately compensated in money
(d) both (a) and (b).
83. A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of
the Specific Relief Act, 1963 is
(a) specifically enforceable at the instance of the trustee
(b) specifically enforceable at the instance of the second party
(c) specifically enforceable either at the instances of the trustee or at the instance of a second party
(d) not specifically enforceable.
84. Specific performance of a part of the contract, has been dealt with under
(a) section 12 of the Specific Relief Act, 1963
(b) section 10 of the Specific Relief Act, 1963
(c) section 11 of the Specific Relief Act, 1963
(d) section 9 of the Specific Relief Act, 1963.
85. Under section 12 of the Specific Relief Act, 1963, the general rule is that
(a) the specific performance of a part of the contract can be granted
(b) the specific performance of a part of the contract shall not be granted
(c) the specific performance of a part of the contract may not be granted
(d) a contract can be performed in piecemeal.
86. Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a
contract
(a) where the part left unperformed bears only a small portion of the whole in value and admits of
compensation in money
(b) where the part left unperformed is a substantial portion of the whole in value and admits of
compensation in money
(c) where the part left unperformed is a small portion of the whole in subject matter and does not
admit a compensation in money
(d) both (a) and (b).
87. Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be
enforced by
(a) the promisor
(b) the promisee
(c) either the promisor or the promisee
(d) only promisor and not the promisee.
88. Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed,
of the contract is
(a) small
(b) considerable
(c) inconsiderable
(d) either (a) or (b) or (c).
89. For section 12(4) of the Specific Relief Act, 1963, to apply
(a) the parts of the contract must be divisible
(b) the part that can be specifically enforced is independent and separate from the other part
(c) both (a) and (b)
(d) neither (a) nor (b).
91. Preventive relief is granted by the court, under section 36 of the Specific Relief Act, 1963
(a) by declarations
(b) by specific performance
(c) by injunctions
(d) either (a) or (b) or (c).
92. Section 36 of the Specific Relief Act, 1963, classifies injunction into
(a) two
(b) three
(c) four
(d) five.
93. Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted
(a) during the pendency of a suit
(b) by the decree
(c) both (a) and (b)
(d) either (a) or (b).
94. An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act,
1963 is known as a
(a) perpetual injunction
(b) mandatory injunction
(c) temporary injunction
(d) either (a) or,(c).
95. Under section 37 of the Specific Relief Act, 1963, a temporary injunction can be granted
(a) on or before the settlement of issues
(b) before the conclusion of plaintiff’s evidence
(c) before the conclusion of defendant’s evidence
(d) at any stage of the suit.
96. Grant of temporary injunctions by virtue of section 37 of the Specific Relief Act, 1963, is regulated
by
(a) the Code of Civil Procedure, 1908
(b) the Indian Contract Act, 1872
(c) the Transfer of Property Act, 1882
(d) all the above.
97. The circumstances under which a perpetual injunction can be granted have been enumerated
under
(a) section 36 of the Specific Relief Act, 1963
(b) section 37 of the Specific Relief Act, 1963
(c) section 38 of the Specific Relief Act, 1963
(d) section 39 of the Specific Relief Act, 1963.
98. On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction
can be granted in cases of
(a) contracts
(b) torts
(c) both (a) and (b)
(d) only (a) and not (b).