Scribd Logo
Upload

Welcome to Scribd!

  • SRA Pariksha Manthan MCQ

    Uploaded by

    rashi
    289 views18 pages
    mcq

    Original Title

    SRA pariksha manthan mcq

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    mcq

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    289 views18 pages

    SRA Pariksha Manthan MCQ

    Uploaded by

    rashi
    mcq

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 18
    (2) December 14,1963 (b) Janyar 1, 1964 (0) February 1, 1964 (Me, 1964 oh {CJS 2014) © 2. The words and expressions used i (itech ing as defined in the @ ‘Clauses Act ( fian Contract Act (6) Transfer of Property Act (@) Civil Procedure Code ea {BJs 2016) 3. Which Section of the Specific Relief Act, 1963 provides that the ‘specifi relief tobe granted only for enforcing civil rights and not for enforcing penal laws : ae (b) Section’ eee (a) Section 5 ‘Ans. (c) [HEJS 2013] 4. Find out the correct statement. Specific Reliefcan be granted : a al ‘enforcing a penal law ofimmovable property (b) Onlyja respect AK respect of both immovable and movable fe PORT, ~(@) None of the above ‘Ans. (6) (b) Pegi (0) Only for enforcing penal law (4) For enforcing civil rights and a penal lw ‘Ans. (a) [PJ8 2012, C{S 2016, M.P. CJ 2013 ‘HLP.JS 2011, 2016) 5. With respect to settlement under the Specific Relief Act, 1963 choose the true statement about ‘propositions. Propositions : @ ‘Settlement means an instrument other than will. (ii) Through ‘settlement’ devolution of successive interest inthe movable property only disposed of. (Gi) Through settlement devolution of successive interestin the movable or immovable propery disposed of. Assertions : (2) (and (i are correct i) is incorrect (b) Gian Gi) are correc, i) is incomrect {() and (ii) are correct, (i) isincomrect (4) Allare correct ot) [HEP.Js, 2020], ion of title is ough to maintain an action under Section 5 of the Specific Relief Act, 1963 Y (b) Notenough to maintain an action under Scion Sof the Specific Relief Act, 1963, (0) Only (b) is correct (@) None of the above 2, Mere Specific Relief Act, 1963 A suit under Section 6 of the Specific Relief Act, 1963 can be filed : @ of possession of movable property. (b)For recovery of possession of immovable (© For recovery of both immovable property and. movable property. (2) Against the government. Ans. (b) [DJs 2018] An order or decree passed in a suit presented un- der Section 6 of the Specific Relief Act is (2) Appealable (b) Reviewable either Appealable nor Reviewable (@) Appealable & Reviewable Both Ans. () (HPJS 2013, MPJs 20134, 2015] AA suit for recovery of possession under Section 6 cannot be filed against : (@ SeMivateindividual (6) Acompany A government (@) Afirm “Ans. (c) (MP. C} 2009, H-P. Js 2007-1] ‘The question of title is: ® st under Section 6 of the Specific Relief Act, I » t under Section 6 of the Specific Relief Act, 1963 (9 Question of ttle is not a provision under the Specific Relief Act, 1963 (@ None of the above Azs.(b) [DJS 2019, HLP. JS 2007-1, 2007-11] Suit for dispossession of immovable property under Section 6 of the Specific Relief Act, 1963 should be brought: (@) ‘pin one year from dispossession thin six months from dispossession © within three months from dispossession (@) within three years from dispossession, ‘Aas. (b) [H.P. JS 2009, 2007, MP. HJS 2011, 2015, ‘MJS 2011, CJS 2016, 2020, PJS 2012, RCJ 2014} Under the Specific Relief Act, 1963, covery of possession can be filed: (2) Onlyjin respect of moveable property (b) Qaim espect of immovable property ‘Brepect ofboth moveable and immorable prop. (@) Neither in respect of moveable nor ‘immovable property Ans. (c) suit for re- in respect of CHPYs 2007-11) 9% 10, i [Which of these statements is not true with immovable property? (@) A suit under ths section cannot be filed the government. (b) Appeal or review of an order or decree p under this section is not allowed. i filled when any (c) Asuit under this section can be led ‘ Oe oon has been dispossessed from his immowa property without consent and otherwise in due coysee of law won under this section cannot be filed after expiry of twelve months from the date dispossession Ans. (d) [M.P. HJS, 2020) Under Section 6 of the Specific Relief Act : (@) Atenant can file suit for possession even against the landlord on the ground that he was unlaw: fully dispossessed by the landlord. (b) No qyestion of title either of the plaintiff or of theefendant can be raised or gone into that case (© Acti (a) and (b) are correct. (4) Both (a) and (b) are incorrect. Ans. (0) (ys 2010) For the purpose of applying Section 6 of the Specific Relief Act 1963 which of the following incorrect? (@) Person is dispossessed of immovable propery (b) Dispossession of property was without his consent (© Dispossession from the property was otherwise {in due course of law a (@Auit must have been filed within three m from the date of dispossession Ans. (d) [HP.Js, 202 No suit under Section 6 of the Act for tunder recovery Possession of immovable Propety, may not be stituted by a person dispossessed without his com ‘sent :. x (a uinst the government : (b) after expiry of thre dingo, of three months from the date (© if the suit 1 is instituted ae by any person (4) ifthe suits also to establi . bl recovery of posse tablish the tle Ans. (a) IMP. c} 2010, mp, Hs. ia. In light of Section 6 of the Specif, ic ivaretne consent of immovable pr Without his in due course of law sy by eae ae than six months from the date of dienes recover possession thereof Possession, (a) Nosuit under this Section, the Government. ‘halle brought agint (@) Only) iscorrect (b) Only Gi) is correct (©) Neitheris correct (97 Seth and Gare core, . a [DHys 2020} 14. A suit for recovery of possession of any i 1 able property under Section 6 of the Specific Re ee can be filed against : . private individual only Yb) a government (Q both (a) and (b) (@) neither (a) nor (b) Ans. (a) [H.P.JS 2013, PJS2011, U.P. HJS2012] 15, Saroja was granted government land. She was dis- possessed without her consent. She instituted suit against the government under Section 6 of Spe- cific Relief Act, 1963, for recovering possession of the property. The court rejected the plaint un- der Order VII Rule 11(d) of CPC. Whether rejec- tion is proper? (pee suit under Section 6 against the Gov- ernment would not lie (b) Rejection of plaintis improper (©) Plaintiff must be given opportunity 0 rectify the mistakes (d) None of the above Ans. (a) {Apys 2011] 16. Under Section 6 of the Specific Relif A is person cannot sue for recovering the possess! of immoyable proper @ six months from the (b) After nine months from the (0 After twelve mo? dispossession (4) After twenty-four date of dispossession date of dispossession months ». a. i "Me Ralf Ae, 1963 1963 which of the following statements net ASS 17 Ina suit us Gar inder 6 of the Specific Relief Act, the (@) adjudicate on, the title () direct the defendant(s) to remove the sr ture (©) permpit the plaintiff aintifFto me of the above rene (d) (oys 2011] shopkeeper has kept the goods ment ode he hop cone pony overhead shed. Flying squad of NCI of elhi demolished the temporary construction and seized the goods from the payment, without giv- ing him any notice. After, one year, filed suit for recovery of possession of pavement agaisnt NCT of Delhi under Section 6 of Specific Relief ‘Act, 1963. The suit is barred as filed (2) against the Government (b) after the petiod prescribed (9 wighout the title over the pavement th (a) and (b) ‘Ans. (4) [Djs 2014) ‘The limitation period for filing a suit by a person dispossessed of immovable property is (@) Within six months from the date of dispossession (b) Within six months from the date on which the petitioner comes to know of the dispossession (© Within twelve months from the date of possession (€) Within twelve months from the date on which the petitioner comes to know of the dispossession ‘Ans. (a) [ys 2014] ‘Under Section 6 of the Specific Relief Act, 1963, suit for possession of an immovable propetry can be filed within : (@) 30 days of dispossession (&)3 (4 months of dispossession (a) 1 year of dispossession Aas. (6) [HRs 2016) ‘Which Section provides for a special remedy of possession by way of a summary procedure for Ferson disposed of immovable property without ponsent and otherwise in due course of law. (@) Section 6 of the Code of Civil Procedute, 1908 (b) Sectiof 12 of the Specific Relief Act, 1963 ) Section 6 of the Specific Relief Act, 1963 (a) Allof the above Ans. (0) hs of dispossession [Pys 2015), dispossession Ans. (a) Femi Agrawal Books 801 Speifc Relief Act, 1963 22. Choose the true statement about propositions : Proposition : (1) Section 6 of Specific Relief Act, 1963 provides that if any person is dispossessed without his consent of immovable property otherwise than in dive course of law, he may, by thereof (11) Under Section 6, ‘possession’ means actual possession only (ID No suit under Section 6 shall be brought after the expiry of six months from the date of dispossession Assertations {@) Vand Mare correct, IM is incorrect (b) M1 gwt Mare incorect, is correct QA and Mi are correct is incorrect (2) Allarecorrect Ans. (©) [HP. Js 2019] 23. A suit filed by the plaintiff P’ against ‘D’ under Section 6 of Specific Relief Act is decreed in favour of ‘P’. The remedy against the decree for ‘D'istofile (@) anappeal Tevision (©) review (@) both (a) and (b) Ans. (b) [DHJs 2014] 24, Which of the following Sections of the Specific Relief Act deals with recovery of specific movable Property? (@ Section 5 ‘Section 7 (9 Section’ (d) Section 9 Aas. (b) [BJS 2016] 25. A, Band C are coparceners. A is in separate pos- session of joint family property. He sells it to D and puts D in possession. B and C sue for declara- tion of title that the property is joint family prop- exty. The Court (@) Will issues declaration that property is joint fam- ily property (b) Will gisect the plaintiff to implied ‘A’ as a party granting decree for declaration, ill dismiss the suit as plaintiffs are in a position to claim consequential relief of possession. (4) None of the above, Ans. (0) [MP HYs 2011) 26. Under Section 7 of the Specific Relief Act, a son entitled to the possession carats property may recover it in the manner provided by which legislation : (@) The Limitation Act Samarth Agrawal Books (b) TheBvidence Act (0 he Code of Civil Procedure (4) The Transfer of Property Act Ans. (©) [HLP. JS 2016, cys tion 7 of the Specific Relief Act, = periy of tb movable property can beds (a) finder of the movable property (b) buyer of the movable property (0. baile of the movable property let above Ans. (d) [HPs 28. Suit under Section 8 of the Specific Relief, 1963, ja“not competent: ee a person who is the owner of the claimed (b) Against a person over the article possession control over thearticle (©) In respect of an article for which com money is not an adequate relief (@) In case where ascertainment of damages tremely difficult Ans. (a) [HLP. Js 2011, HLP.Js21 29. Section 8 of the Specific Relief Act can bei voked ; @)“gainst a person who has possession or over the article (b) against a person who is the owner of the: aimed (©) by a person not entitled to the possession of d article (4) in respect of an ordinary article Ans. (a) [PJS 2011, OJS: 30. Section 8 of the Specific Relief Act, 1963, 6 be invoked against a person 2) who has possession of the property (b) w (@) Icompensation in money isan adequate (©) Ifthe damages can be easily ascertained (2) AW6F above 4 (done of the above, .(d) Spec Reif, 1963 sa ‘Athi pong about AA TL ea RinE dg to 'C’. Ina suit filed by 'A’ un oe eae on 8 of Specifje Relief Act, 1963- (9/C may be compelled specifically to deliver th e furniture to'A', furniture under (b) ‘C’may not be compelled. (0 ‘Cimay be compelled only by @ ete *A' not BY can claim relieFagainst'C ss, (a Following is not the essential een cability of Section 8 of the ‘Specific Reet ea (a)/The defendant must be owner of the property (b) The Article must be movable property. (© The plaintiff mustbe entitled to i session of the article pea (@) The article must be in eee possession or control of Ans. (a) [MP. HS 2015} en of the Specific Relief Act, 1963, provides for: {@) The grounds on which specific performance of thesontracts can be granted fe defences which a person, against, whom the ele of specific performances claimed, may Plead (9. The defences which a person, agsinst whom the ‘formance is claimed, cannot relief of specific pe plead (@) The grounds on which pei pevformanst ofa contract cannot be gran! ‘Ans. (b) [H.P. Js 2007-11] 2, Sexton 11 of the Specific Rlif Ac rf Oe Section Frmance of contracts cpanel with: (@) Asbitration (yfrusts (Q) Both (a) and (b) (d) None of these ‘Ans. (b) [HP JS 2016] jon 11 of the Specific Relief Act a 2 Vode ets este in excess of his powers cot the breach of a trust 8: sali eforoble te insane of i 6 . specifically enforceable a the instance of the ‘ond party sfically enforceable ether at the instance of the atthe instance ofa second party [pys 2011] Semarth Agrawal Books SPECIFIC PERFORMANCE OF CONTRACTS - [Chapter Il, Section 9-25] 34. A suit for recove j ty of possession based previous i the rich pend a Of person can be ied by on even against real owner ofthat pro erty who has dispossessed him aa: (2) within one year of his dispos (b) wishin three years of the dispossession (Q/*ith six months of his dispossession (d) isnot maintainable ‘Ans. (c) [M.P. Cj 2012} 35. It is the principle of law that « person who has been in long and continuous possession can pro- tect the same by seeking injunction against any person in the whole world other than the true owner. The above Statement is @/frue (0) Fae (© Partly true (A) Partly alse ‘Ans. (a) [Dys 2014) 4. Section 11 of the Specific Relief Act, provides for (@) specific performance ofa pat ofthe contact (b) respecting suits for relief based on contract Apecifc performance of contacts connected with trusts (@) circumstances in which specific pcformance of contractisenforcrable Ans. (0) [oys2011] Section 12(2) ofthe Specific Relief Act, 1963 4P- plies where the part which remains uaperformed of the contract is + (@) Smyll proporion _(b) Considerable part (Aqua! part (a) None of these ‘Ans. (8) [H.P.JS 2013] 6 Section 12 of the Specific Relief Act deals with: (@) Rectification of instrument (b) Peponal bars to relief (A5pecific performance of part of contract (d) Cancellation of instruments () {oJs 2016] Ans. Specific Relief Act, 1963 Specific performance of a part of the contract, hhas been dealt with under: {@) Section 9 of the Specific Relief Act, 1963 (b) Section 10 of the Specific Relief Act, 1963 (© Segtion 11 of the Specific Relief Act, 1963 (4) Kection 12 of the Specific Relief Act, 1963 HH, 2011, 2015 Ans. (d) [HLP. Js 2007-11, a an In case of specific performance of part of con- tract the purchaser: (2) fay relinquish claim to farther 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 (@ specific performance of part of contract not possible (@) none of above Ans. (a) [Pys 2011] Section 12 of the Specific Relief Act, 1963, per- mits the grant of specific performance of a part of a opntract : mee the part left unperformed bears only a small portion of the whole in value and admits of com- pensation in money. (©) Where the part left unperformed is a substantial portion of the whole in value and admits of com- pensation in money. (Q. where the part left unperformed is a small portion of the whole in subject matter and does not ad- mit compensation in money. (4) none of the above Aas. (2) [PJs 2013] Under Section 12(2) of the Specific Relief Act, 1963 part performance of a contract can be en- forced by (@) thefromisor (b) the promise (@) and (b) (d) none of the above Ans. (c) {OJs 2011} Under Section 12 of the Specific Relief Act, 1963, tthe general rule is that oe (@) The: performance of a part of the contract, granted specific performance ofa pat of shall not be granted ‘4 part of the contract (© Thespecific performance of: The pei pfommance of partf the contac (d) A contract can be performed in piecemeal sa) (HIHJs 2011) ) ion 13 of ' Seton when the transfer as ‘tof a property 5 : : tit by #6 which vendor has title ; lor has imperfect title (5 in which vend: (a) none of the above Ans. (b) i be 13. Which of the following contract cannot be spe. Uifically enforced as per the provisions of Section 14 of the specific relief Act? (a) Acontract to marry B a (b) A contract with B, that in consideration of Re 1000 to be paid to him by B, he will paint apicture for B. (© Ayan author, contracts with B, A publisher, to plete a literary work {All of the above Ans. (4) IMP. Cj 20134) 14. Which section of the Specific Relief Act, 1963 pro- vides about specific performance of a Contract annot be specifically enforced? (Under Section 14 (b)_UnderSection 15. (©) UnderSection16 (4) Under Section 41 Ans. (a) [DJs 2019, H.P. JS 2007-1, 2011, MP. Cj2014] 1. Which of the following contract cannot be specifically enforced as per the provision of S. 14 of Specific Relief Act, 1963- E (®) Execution of a formal deed of Partnership. (b) Contract for the construction of any building or Oa of any other work on land. 3 Contract which is determinable in its nature. (d) Contract to execute a mortgage or furnish anyother security for repayment of any loan which the borrower is not willing to repay at once Ans. (c) [M.P. HJS, 2020] 16. Which of the following is a contract that cannot be specifically enforceable? S (2) Acontract which is in its nature determinable (b) Acoptract which is so dependent on the perso tions ; (97 Both a contract which is in its nat and also dependent on the icneralg whic! 11, Which of the following contracts cannot be spe- 22. Under Section 15 of the 1 B a Specific Relief Aa, 1963 cifically enforced as per the provision of Section 14 ofthe Act? (@) Execution of formal deed of partnership (b) Contract forthe construction of any cexgcution of any other work on land ofa which is determinable n its nature Ya), Contract to execute a mortgage or furnish any other security for repayment of any loan which the bor- rower isnot willing to repay at once ‘Ans. (<)_ [MP.HIJS 2008, M.P. JS 2009, 2010) ‘A contracts with B to sing for twelve months at B's theature and not to sing in public elsewhere, (/S cannot obtain specific performance to sing, but \ heisentited toan injunction restraining A from singing at any other place of public entertainment. (b) Bean only obtain specific performance to sing (© Beould not only obtain specific performance to sing, but he is also entitled to an injunction re straining A from singing at any other place of public entertainment. (@) None of the above Ans. (a) [Dys 2010] Which contract cannot be specifically enfored ? (@) Acontract which isin its nature determinable (b) Acontract which is so dependent on the personal qualifications ofthe paris thatthe court cannot sce specific performance of ts material terms Both (a) and (b) (@) A contract of sale ofimmovable property. Ans. (c) [DJs 2019] ‘Which of the following contracts is not specifically enforceable? (2) To ell an agriculture property (b) Tosell a dwelling house 6 perform ina singing programme (d) None of the above ‘Ans. (€) [js 2010) No substituted performance of contract under Section 20 of Specific Relief Act, 1963 shall be undertaken unless (@) the party who suffers such breach has given a no- tice in writing (6) notless than thirty days’ notice (9) theparty in breach of contract has refused filed igor Specific Relief Act, the specific performance of « contract may be ob- tained by: (@) any party ofthe contract (b) the representative in interest of any party of contract 4 vest, (©, the pfincipal of any party of thecontract panies er ‘Ans. (d) (HP.Js 2011) |. Which of the following sections deals with Per- sonal bars o the remedy of specific relief, @) 4 © 5 Oe @ 7 Ans. (c) [HJS 2013), Provisions regarding, ‘the persons who may tain specific performance’ are specified in : ( mn 14 ofthe Specific Relief Act, 1963 (b) 8tion 15 ofthe Specific Relief Act, 1963, (©, Section 16 ofthe Specific Relief Act, 1963 (4) Section 17 ofthe Specific Relief Act, 1963 Ans. (b) [HPJs 2013} Under which section of the Specific Relief Act, 1963 the ready and willingness is necessary condi- tion forthe specific performance of contract? (@) Spxton is (b) Section 16(0) ( n 16() (@) Section 18 ‘Ans. (c) (MP. HJS 2015] Ina suit for Specific Performance of contract the plaintiff must ever and prove that (3) Js always ready and willing to perform his part 5) he has actually tendered the money to the defen- dant. (©) Both (a) and (b) (d) None of these Ans. (a) (DEys 2014) 7. Under which provision of the Specific Relief Act, 11963 specific performance of a contract may be enforced when the promoters of a company have, before its incorporation, entered into a contract, for the purpose of the company and such contract warranted by the terms of incorporation, is accepted by the company and communicated to the other party, under to perform after the notice (@) Section 204 (b) n 19 lof the above (0) Section 17 fotos Ans. (d) (H.P.JS2019] Ans. (d) [DEs 2020) Samarth Agrawal Books 805 28 Specific performance of a contract cannot 3 32, Specific Relief Act, 1963 enforced in favour of a person who has obtained a performance of contract under section (a) stgsement is incorrect Statement is correct (© canbe performed according to discretion of court be 33. Asues B for the specific performance of a con. aac in the plaint, A seeks the relief of specific performance. He does not seek any relief in the Prrcenative. The Court determines that it cannot aither the specific performance of the contract, Can the court award compensation instead? (a) Yes, as Specific Relief Act directs that compen tion must be awarded. sation can be awarded since Order VII, (@) None of these (b) Compensation ca - mak 7 Rule) of the Code of Civil Procedure provides = © [MP. Gj, 2021) that any other reliefcan be awarded tnd hen tras t sale of a Maruti Ciaz car de jot have to be specifically pleaded. ® ‘be specifically enforced “ompensation can be awarded only after the Court (0) cannes te gettbnally enforced ‘allows the plaint to be amended for including a a Re ee élaim of compensation co ai (4) No, damages cannot be awarded since the relief (a)and() of specific performance and of compensation are Ans. («) isceat inconsistent pleadings, and therefore no amend SE. claps ermipety ment ean be brought to this effect. lowing of the Specific g Relief Act, 1963, empowers the State Grereeat at aes Ds a magn sed oi cla Goal Coat i Suenaa 4 With cand to Section 21 of Specie ay (Courts to exercise Jurisdiction and to try a suit in 1963, choose the tru statement about propositions respect of contracts relating to infrastructure) a for specific performance of a contrac, the eras plaintiff may also claim compensation for its o x oe, breach in addition to such performance. ©, By re (i) If, the court decides that specific perform: = 1) Section 20C cought to be granted but that it is not sufficient i a ; [HLP.Js, 2020] satisfy the justice of the case and that some Wich fh follwing fine poet compensation fr breach ofthe contac should 7 ena Project Iso be made to the plantiff: 5 pet menos in Gee eae (2) five star hotel located outsid EE ee Pain eee ey sete ee ein cep en ee ant any o ; z (©) three star hotel located outside the city with trod depuiee ion of more than I million Assersions Five star hotel located with i ) i Fetes on wrt (@) Ropeways 0@ ae sre OS aa and (ii) are i Ans, suse o- [Mp.cj,2021) (4) Allarecorrect One Under Section 21 of the Specific Relief Act :The _ An® (@) “ae Court ! P.JS, 2020] In a suit for specifi z (@) Shall notaward any compensation tothe pains «CUE Camaward companioa ts te ea (b) Shall as of rule award compensation in each (a) only if the defendant hit er ome hand ale dant himself offers compens™ i) not award comy (b) even if the plait pensation unl epi ; : tfffupedaiived it in husplalat cs} ae (© only if pees nidin one ee ee inks fit to award compensi- itis not claimed by him inffevenif ——_ (gYonly ifthe plaintiff clas Aas. (¢) (js 2011) a a 1] Ans. (d) IMP. Samarth Agrawal Books Specific Relief Act, 1963 ss. Any person sting forthe specific performance of 42. Whether specific aatract forthe transfer of immovable property ‘hay. in an appropriate case, ask for: (@) Possession, or partition and separate possession, ofthe property in addition to such performance, (b) Refund of any earnest money or deposit paid or rade to him, in case his chim for speific perfor. gate is refused, (0 Aooth (a) and (b) Ta) None ofthe above Ans. (6) [DJs 2010} 47. Which Section of the Specific Relief Act, 1963 provides that liquidation of damages is nota bar to specific performance? (@) Sesion 12 (b) Section 15 (Astin 23 (@) Section 28 Ans. (¢) {PJs 2015] 38 Which Section of the Specific Relief Act, 1963 deals with the bar of the suit for compensation for breach after dismissal of suit for specifi perfor- mance? (@) Section 12 ( 24 (9 Section 15 (2) Section 30 Ans. (b) [PJs 2015] 39,_ Specific performance of any contract is granted : (a) if provided in the contract () ifsh@contracts in its nature determinable 4 the discretion ofthe court (d) inall the above Aas. (¢) [HJ 2009) 40. In which of the following case specific perfor- ‘mance of a contract is not permitted ? (@) where party to the contracthas obtained substi- tuted performance of contract (b) acontract, the performance of which involves the performance ofa continuous duty which the court cannot supervise (9. a contract which is dependent on the personal ‘quptfications ofthe parties of the above Ans. (d) [H.P.J82019] 41 Ina suit for specific performance of contract the plaintiff can seek a relief only if he establishes that (@) Prt facie casei in his favour Oy west and ready to perform his part of the contrac, (© Balance of Convenienceisin his favour (4) He may sufferireparable oss ‘Ans. (b) [MP CJ 2009] (b) Ni (9 Aes,only in certain circumstances (@) None ofthe above ‘Ans. (c) [MJs 2010) , When no date for performance of a contract is fixed, from which time the period of limitation to file suit for specific performance of contract would start? (4) The date of contract. (6) Thedate on which contract was written (he date when the plaintiff has notice that perfor ‘mance is refused (4) None of the above Ans. () [js 2010] In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following : (@) That plaintif paid entire sale consideration (b) That plaintiff obtained clearance from all authorities plaintiff obtained encumbrance certificate plaintiffs ready and willing to perform bis par of contract Aas. (@) {ap.js20u1] ‘Who may obtain specific performance of contract in his favour? (@) Any party of the contract (6) The representative in interest ofthe principal or any party (© When company has entered into a contract and subsequently becomes amalgamated with another compgpy, the new company which arises out of gamation Al ofthe above ‘Ans. (d) (MP. Cj 2012] In a suit for specific performance of a contract where earnest money is paid by the plaintiff (@)itcannot be refunded ifthe specific performance is refused oe refunded even if it is not specifically ‘tcan be refunded only fits specifically claimed (@) itis tobe forfeited Ans. (c) IMP. C} 2012} ‘Samarth Agrawal Books Sprcfe Relief At, 1963 47. Where the plaintiff, in a suit for specific perfor= ‘mance, proves the existence of the agreement and its non-performance by the defendant, the Court : (2) is bound to issue a decree for specific performance (b) can refuse to issue a decree for specific performance the ground of inadequacy of consideration 97 isnot bound to issue a decree for specific perfor. ‘mance, since the relief is discretionary (@) None of the above Ans, (¢) IRQ} 2014} Section 26 of the Specific Relief Act contains the Provision regarding : {(@) Declaratory Decrees (©) Mandatory Injunction {Q Acctification of Instruments (@) Rescission of Contracts Ans. (c) (HP. Js 2011, 2015) 2 When an instrument does not express the real intention of parties, the same may be rectified under which provision : (@) Section 25 (b) n 26 (©) Seaion27 (@) Section 28 Ans. (b) [M.P. HJS, 2020] 4. Under Section 26 of the Specific Relief Act, 1963 for rectification of instruments on the ground of fraud or mutual mistake, the time limit for dis- covery of fraud or mutual mistake Relief of rescission is granted in cases : (a) Where the contract is void (b) Wtre the contract is voidable th void & voidable contracts (a) Neither void nor voidable contracts Ans. (c) [H4PJs 2007-1, PyS 2012) A rescission of contract Sea eee na ra ee @ the contract is terminable by defendant the contract is voidable at the option of phintift 48 Specific performance of contract means ) Actual execution of the contract according ie stipulations 3 (b) claim of damages or compensation for ecution of eontract (0, Bither (a) or () (d) Neither (2) nor (b) Ans. (a) © ongyear (d) fo time limit is fixed Ans. (d) 4. When, due to fraud played by the parties, a tract in writing does not express its real intention, then appropriate remedy would be a suit for (@) specific performance 4 (b) dgefaration fectification of instrument (4) perpetual injunction Ans. (€) [M.P. CJ 2013-1, 2021, CJS. 5. Under Section 26 of Specific Relief Act, the ‘may direct to rectify an instrument 50 as to real intention of the parties (@/f there is a mutual mistake of the parties (b) even if there is a mistake of only one party (© ifthereisa latent mistake (@) ifthere is patent mistake (©) Where the contract is contingent (d) None of the above Voidable or terminable by plaintiff C (b) ‘Thecontractis unlawful for causes noe on tis face and the defendant is than he pling ME (©) Any person interested in \tract et haveit rescinded ——e Spec Ralf Aa, 1963 he plintifF ha expres or impliedly rt f i he pin has eprelyorinpily i.) hepa othesait 5 Iaiming thro Ans. (d) [Gs 2016) 3 Z heed Ge 4, In which of the following cases would rescission ‘of a contract be adjudged by the Court ? (d) none of these (a) Wheretheplantiha ratified the contact eb sce [D¥ys 2014] (b) Thethind partes tothe contract have acquired the the rescission of a contract tae pens ge good faith to whom such relief is granted: (o) Where the contract is voidable by the plaintiff (4) to restore so far as may be, any benefit which he Ta) Where the part of the contract sought to be ‘may have received from the other party and rescinded is not severable ftom the rest of the __®) to make any compensation to him which justice contract ts Ans. (€) IM. Hs 2011] (Fath Lael? 5. Adeclaation made under the SpecfieRelief Act) None ofthese is binding on Ans. (¢) [M.P. CJ, 2021] CANCELLATION OF NV, L Section 31 ofthe Specific Relief Act, 1963 is re- the option of A Pe (b) Contract cannot be rescinded No one can be al (@) resitsion of contracts to tae benefit of his own fraud Cancellation of instruments iS tract is void but minor may be ordered to pay (declaratory decrees Rs. 10000/-bock ee (@) Contacts void but minor cannot be ordered to @) ra cs ‘pay Rs, 10000/- back Ans. (b) [HP. Js 2009] ‘Ans. (¢) (MP. Cj 2013-1] 2 Section 31 of Specific Relief Actin its application 4 Under which Section of Specific Relief Act 1963, a the provision for partial cancellation of an a)/ased on protective or preventive justice instrument is made (6) Restricted to contracts only (@) Section 31 (b) Section27 (9, Restricted tothe parties to the contract ox (@) Section 29 (@) Mandatory in nature © (Gs, 2020] ‘Aast(a) [HEYs2011] 5 Under Section 33 ofthe Specific Relief Act, 1963, 21° A aioe pose eee epee tod ext gegep ems payable, if; ‘ecutes a mortgage before B for Rs. 10000/-. B files (a) Ahe party received the benefit 4 suit for recovery of loan. alee ede that ) The contract is without consideration he was not competent to contract when he took se oan, In such a situation which of the following e Oe ® statement is correct? (d) None of the above (a) Contract was obtained by fraud hence voidable at, Ans. (a) (HP. Js 2016) ‘As per Section 34 of the Specific Relief Act, 1963 ‘no court shall make any such declaration in a case where (2) Plaitifis entitled to any legal character ‘mere declaraction of title, omits to do so (d) None above z (b) Plaintiffs entitled to any right astoany property Ans. (c) {js 2011) ‘Samarth Agrawal Books oe 810 Specific Relief Ac, 1963 my 2 Section 34 of the Specific Relief Act, 1963 deals with: Oe declaration of the rights ofthe parties (B) Declaration of rights of the parties with or with- out an award of compensation (© Specific Performance with declaration of tights of the partes (@) None of the above Ans. (a) Leys 2019} A declaratory decree under the specific Relief Act can: @ commuted (b) Be withheld gee (@) Cannot be declined ‘Ans. (c) [AP.Js 2012] Proviso to Section 34 of the Specific Relief Act relates‘o suits for : pian (©) Injunctions (© Spesificperformance (4) Alll of the above Ans. (a) (MP. HJS 2015, M.P. C} 2013.11, KCJ2012) Unser Section 34 of the Specific Relief Act, a dec- aration can be sought by: (9) Person having legal character or a right as to property which is denied (®) aperson whose legal character or right to property isnot denied (© astranger who has no interest (d) all of the above Aas. (2) [Koj2012] ‘No Court shall declare that the plaintiff is en- titled to a right (2) ifbeis minor (b)/he is able to seek further reliefthan mere decla- mn but omits to do so (9 if eis insane (@) if his right is based on a continent contract Ans. (b) [M.P. GJ 2012] Section 34 of the Specific Relief Act, 1963, sanc- tions: (2) Every type of declaration (b) Only a declaration of egal character (© Ofly a declaration of aright to property» ‘A declaration of legal character or of a right to property Ans. (d) [HLP. Js 2016) Samarth Agrawal Books (b) Porson claiming through the Parties to the suit Both A and B above (@) None of the above Ans. (c) [@JS, 2020] 14, What is the effect of a decree of declaration title gassed by court? Binds the parties to the suit only 8 Declaratory decree can be granted under of Specific Relief Act, 1963. (ection 34 () Section 35 Section 36 (a) Section 37 ‘Ans. (a) (ys 2017), 9, Asuit for declaration without seeking consequen. tial relief is barred by (a) Segtion 28 of the Specific Relief Act one 34 of the Specific Relief Act Section 37 of the Specific Relief Act (A) Section 39 of the Specific Relief Act ‘ Ans. (b) [Dys 2019) 10, The grant or refusal of relief of declaration un. der the provisions of Section 34 of the Specific Relief Act is (Vaiscretionary (b) mandatory (© prohibitory (a) none of the above Ans. (a) (ys 2012) IL Legal character or right under Section 34 of the Specific Relief Act, must be (amie (b) abstract esteeent (d)_ any of the above Ans. (a) [PIS 2012) 12 The declaration given under Section 34 of the Specific Relief Act is binding on whom? (@ Only on the parties to the Suit (b) On the persons claiming through parties tothe Suit y is (9) Jetstee of the trust which is party to the Suit “All of the above ‘Ans. (d) (MP. CJ 2013.1] 13. A declaration made under Chapter 6 of Specific Relief Act 1963, is binding on (a) The parties to the suit (b) Iisa declaration against everybody. (9 Depends on the direction of court. (4) None of the above. ‘Ans. (a) Spee Relief Aa, 1963 5, Asuit le by'X’fora declaration thata one year * id boy allegedly born to the defendant wife ‘Y" his son. (Ane suit is competent and maintainable under Section 34 ofthe Specific Relief Act, 1963 {b) Suit is not competent and maintainable under Section 34 ofthe Specific Relief Act, 1963, (The suit is expressly barred under Section the Specific Relief Act, 1963 es (4) The suit is expresly barred under Section 38 of the Specific Relief Act, 1963, ‘Ans. (a) IMjs 2011] = par I INJUNCTIONS GENERALLY [Chapter VII, Sections 36: 1 Section 36 of the Specific Relief Act classifies in- junctjoh into: (@y/Towo categories (b) Three categories (© Nocategorisation has been made (a) None of the above Ans. (2) [BJs 2019] 2 Under Section 36 ofthe Specific Relief Act, 1963, the preventive relief is granted by (@) declaration (b) specific performance “junction (@) none of the above ‘Ans. (c) [PJS 2013, HPJs 2015] 3. What is true of temporary injunction? (2) is permanent between the parties (6) consketes the right (9 Gntinues until a certain specific period fd) can’tbe granted ex parte Ans. () [Bihar APO 2013] 4, Find out the incorrect statement is respect of tem- porary injunctions: (2) Preventive relief granted atthe discretion ofthe Court (b) Continue until a specificed time or until the fur- ther order of the Court (©) Regetated by the Code of Civil Procedure ee be granted atany stage of suit ‘Ans. (4) IMP. Cj 2008] 5, An injunction granted during the pendency of a aaaoter Section 37 ofthe Specific Relief Act 1963is known as a: (@) permanent injunction 6 Which ofthe following statements is wrong? Per- petual injunction (@) is gpnted by a decree ye without notice to and hearing the defendant (© can never be granted without notice to and hear ing the defendant (4) canbe granted on merits only ‘Ans. (b), (KS 2011] 7. An injunction granted during the pendency of a suit under Section 37 of the Specific Relief Acts known as (a) perpetual injunction (b) mpndatory injunction “emporary injunction () None of the above Ans. (¢) [Bihar APO 2013} & Under Section 37 of Specific Relief Act, 1963 a temporary injunction can be granted * (a) After settlement of the issues (6) Before the conclusion of paints evidence (0) Before the conclusion of defendant's evidence Ce stage of the suit ‘Ans. (d) [MP. C}2013-11, HP. JS 2015] 9, Injunction granted under the Specific Relief Act, 1963 may be (@) temporary only (b)_ perpetual only (Aemporary or perpetual (@). none of the above ‘Ans. (¢) [HPJs 2015) 0. 1 injunctions are governed by (oApevifc Retief Act, 1963 (6) sypedatory injunction eiicect As “emporary injunction : (9 Sale of Goods Act (d) perpetual injunction : OR @ a.p.cy2012,2015,2016, (4) Civil Procedure Code ‘HJS 2014, Bihar APO 2013} Ans. (a) [APJs 2011) Samarth Agrawal Books Bil Specific Relief Aa, 1963 IL What isthe distinction between injunction order and attachment order? (a) Theres no distinction, both are one and the same (b) Injunction order binds not only the parties to the suit but also third parties and whereas attachment ‘onger binds only partes to the suit (9 AAsjunction order binds onty the parties to the suit and whereas attachment order not only binds the parties to the suit but also the third patties (d) None of the above Ans. (c) {ap.Js 2011) 12 Which of the following does not have to pleaded in an application For temporary inj tion ? wie intentions of the opposite party, () lireparable harm tothe applicant (6) Prima Face case (d) Balance of convenience in favour ofthe applic ‘Ans. (a) PERPETUAL INJUNCTIONS [Chapter Vit, 1 The circumstances under which a perpetual in- junction can be granted have been enumerated under: (@) Section 36 of the Specific Relief Act, 1963 3) 37 of the Specific Relief Act, 1963 {6 Action 38 of the Specific Relief Act, 1963 (@) Section 39 of the Specific Relief Act, 1963 Aas. (6) {BJS 2020, PJs 2015, CJS 2014, HP. JS 20071] ‘Whats the meaning of Principle of quia timet in ‘the of law of injunction? (Some future probable injury to the right and interest of a person (b) Some past injury to the right and interest of a person (9, Some injury incapable of being compensated in money (4) None of the above Aas. (2) [Bihar HJS, 2020] A perpetual injunction is granted to the plaintiff (@) to restore possession of his property to him (b) him physically to prevent the breach of an obligation existingin his favour (4) none of the abvoe ‘Ans. () (MP. cy2012] Sections 38-44] 4. Under Clause (3) of Section 38 of the Speci Relief Act, 1963, perpetual injunction can granted when (@) the defendant is nota trustee of property for plaintiff (b) there exists standard for ascertaining the act damage caused (0. cosfénsation would afford adequate remedy ‘tis necesary to prevent multiplicity ofp Ans. (d) In which of the following case would the not grant perpetual injunction when the dant invades or threatens ade the right $0; or enjoyment of property? ere the defendant is the agent of the plait (b) Where compensation in money would not aff adequate relief 3 (©) Where it is necessary to prevent multiplicity of judicial proceedings (d) Where there exists no standard for the actual loss caused to the plaintiff Ans. (a) IMP. HJS2 Perpetual injunction can be granted u tion 38 of the Specific Relief Act (a) when compensation affords adequate rem (b) when there exists standard for 5 6 (4) when the defendant i : i aces is not a trustee of j Ans. (¢) Speci Reif Ac, 1963 ‘An injunction can be granted : 13, When mandatory injunction cannot be issued — 1. (@) When the plaintifthas no personalinterestin the (3) When the injury canbe compensated by damages mater (0) When the balance of conveniences in favour of {b) To prevent continuing breach in which the plan. eet ffs aoquiesced (©) Where the obstructions permanent in nature {© To prevent the breach ofa contrac, the perfor: __(#) Where theres legal obligation on the par ofthe vee fhe canoe eh ey a defendant o perform some postive act ‘Ans. (a) (mp. 952011) M4. ‘A’ files «Suit for Mandatory Injunction against illegal disconnection of electricity. ‘A also suffers Ans. (4) [DJS 2018] toss in the business on account of non supply of § Mandatory injunction is granted under Sepecific _letrcity. The suit for Mandatory Injunction is Relief Act in: dismissed. ‘A’ thereafter files suit for damages for suffering oss. The subsequent Suit i barred ) Sa ey (@) under Code of Civil Procedure 0039 (@) Section 41 oer Spc Reeth Ans. (6) (CJS2014, A.P.JS 2012, H.P.JS-2009] (¢) bylimitation (67 When necesary to prevent multiplicity of judicial proceedings. ( 9. The Relief by way of mandatory injunction is: (@ None of these (@) Probibitory (b) Mandstory Ans. (b) [DHys 2014] 9 Bisseionary (@) None of these 1A claim for damages in a suit for injunction can be laid down Aon) (BJS 2020, HLP.J8 20071] sa der Section 38 ofthe Specific Relief Act 10, A mandatory injunction in the nature, is Fey asp oe Seite Baraca (@) Restitutory (Geter Seton 40 of the Specific Relief Act (b) Probibitory (d) under Section 37 of the Specific Relief Act oe. testitutory and prohibitory ‘Ans. (€) [oys2011] (4) Neither resttutory and prohibitory 16 Under which of the following circumstances 2 Ans. (c) [Djs 2010) ‘court can grant perpetual injunction? (@) Toprevent multiplicity of judicial proceedings UL Mandatory injunctions under Section 39 FSP) phen compensation in money would not ford cific Relief Act can be granted beeen (a) To preventthe breach complained of Tel a a (6) Tocopipel performance ofthe requiste acts a. (0) Both (a) and (b) above ‘Ans. (d) [Mgs 2011) @) None above 17, Aninjunction can be granted ‘hassles [Mjs2011) (2) topreventthe breach ofa contract the performance ‘of which would not be specifically enforced, (6) to reventa continuing breach in which the plan- tifhas aoquiesed, 12. Provision regarding grant of mandatory injunc- tion has been made under which of the following sections of Specific Relief Act, 1963 - g (9) torestrain any person from applying toa legisla (a) Segjon 31 (b) Section 35 tiypBody. ction 39 (d)_ Section 43 (done of these site) [Djs2019, 82014] Ans, (d) [DJs 2019) ‘Samarth Agrawal Books 313 Spee Rel Ac 1963 18 Recovery of specific immovable property may be ‘made under Section 5 of the Specific Relief Act ing to the ()/Law of Code of Civil Procedure ) Law of Contract Act (0 Law of Transfer of Property Act (d) Law of Sale of Goods Act Ans. (a) 19. An injunction cannot be granted : (2) When the plaitift has no personal interest in the matter (©) To prevent the breach of a contract the perfor: mance of which would not be specifically enforced (Q Toprevent a continuing breach in which the plain- acquiesced ‘All of the above ‘Ans. (4) {HLP. JS 2013] 20, Ifa contract comprises an agreement to do an act and also not to do certain acts: {@) No injunction can be granted to prevent perfor- ‘mance of the negative agreement (6) Injunction canbe granted to prevent performance of negative agreement only if affirmative agree enforceable ion can be granted to compel performance ‘of both or any of them (@) Injunction can be granted to compel performance of either of them only Aas. (<) (MP. CJ 2012] 21. The relief of injunction cannot be granted (2) when equally efficacious relief can be obtained by any other usual mode of proceeding. (b) the plaintiff has not come tothe court with lean hands. (@. toppfevent nuisance when itis not reasonably clear, “ll of these Aas. (d) [DJs 2014] 22, In-which ofthe following cases Injunction cannot be granted > () IFit would impede or delay the progress or completion of any infrastructure project or inter- fere with the continued provision of relevant fi- cility related thereto or services being the subject. matter of such project (i) When the plaintiff has personal interest in the matter (BJS, 2020) 814 breach of a contract the enrrs dees i i 1n from instituting or Oy precingin ci mar oe a iin % () (gad) (©) Gi, Gi) and (yy hu nc) (@ (@gGi) and Go) Ans. (6) 3 y 23, Which of the following statement is incorrect the context of Section 41 of Specific Relief, 1963: swaction og (0) TheCourtcannot grant injunction to restrain person from applying to any legislative body (b) The Court cannot grant injunction to p continuing breach in which plaintiffacq (9 TheCourt cannot grant injunction to restrain person from instituting or prosecuting any fhg in a criminal matter (aSione of these Ans. (d) Under Specific Relief Act, when inju be gran} () 26 prevent the breach ofa contract the; of which would be specifically enforced (b) to prevent, on the ground of nuisance, an act which it is not reasonably clear that it will bea nuisance ys mA, (© to prevent a continuing breach in which plantfthas acquiesced (d) when the plaintiff has no personal interest in matter Ans. (a) IMP.) Specific Relief Act - Which of the fo statement is false : (@) An injunction can not be granted to prevent! breach of a contract the performance of ‘would not be specifically enforced : (b) An injunction can not be granted to prevent Bround of nuisance, an act of which it reasonably clear that it will be a nuisance — (9 An injunction can not be granted to prew coptinuing breach in which the plaintiff ‘None of these 816 fic Relief Act, 1963 3. Specific Relief Act applies to (2) only immovable property (©) onlymovable property Seay fand immovable property (@) none of the above a Ans. (c) [Pys 2012] 4. The basis of specific relief is: (View of equity (b) common law (© roman law (a) all of the above Ans, (a) [H.P. JS 2009] 5. The relief provided under the Specific Relief Act, 7

    You might also like