Specific Relief Act MCQ

Test your knowledge with important Specific Relief Act MCQ and their applications. These MCQs are beneficial for competitive exams too. Explore 30+ more Specific Relief Act MCQs on Bissoy. Bissoy App

• Which of the following facts is not correct under Section 14-A of Specific Relief Act?
  ক

  The Report of expert shall form part of the record

  খ

  The opinion of expert may not form part of the record

  গ

  The court may require or direct any person to give relevant information to expert

  ঘ

  The expert shall be entitled to such fee, cost or expense as the court may fix
• Grant of temporary injunctions granted under Section 37 of the Specific Relief Act, 1963, is regulated by -
  ক

  The Transfer of Property Act, 1882

  খ

  The Code of Civil Procedure 1908

  গ

  The Indian Contract Act, 1872

  ঘ

  All the above
• Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted
  ক

  During the pendency of a suit

  খ

  By the decree

  গ

  Both (A) and (B)

  ঘ

  Either (A) or (B)
• Grant of temporary injunctions by virtue of section 37 of the Specific Relief of section 37 of the Specific Relief Act, 1963, is regulated by
  ক

  The Code of Civil Procedure, 1908

  খ

  The Indian Contract Act, 1872

  গ

  The Transfer of Property Act, 1882

  ঘ

  All the above
• The propositions are<br>1. A contract for the sale of a patent can be specifically enforced.<br>2. A contract to assign a copyright is specifically enforceable.<br>3. An agreement to form a partnership is specifically enforceable as a general rule.<br>Which of the following is true in respect of the said propositions.
  ক

  3 is correct and 1 &amp; 2 are incorrect

  খ

  3 &amp; 2 are correct and 1 is incorrect

  গ

  3 &amp; 1 are correct and 2 is incorrect

  ঘ

  1 &amp; 2 are correct and 3 is incorrect
• Mandatory injunction -
  ক

  Compels performance of certain positive acts

  খ

  Is retrospective in nature as restores things to their former conditions

  গ

  Is awarded where the temporary injunction is meaningless

  ঘ

  All the above
• Which of the following Sections of the Specific Relief Act deals with recovery of specific movable property?
  ক

  Section 5

  খ

  Section 7

  গ

  Section 8

  ঘ

  Section 9
• Provisions regarding 'specific performance of part of contract' are contained in
  ক

  Section 11 of the Specific Relief Act, 1963

  খ

  Section 12 of the Specific Relief Act, 1963

  গ

  Section 13 of the Specific Relief Act, 1963

  ঘ

  Section 14 of the Specific Relief Act, 1963
• A suit for specific performance of contract for its enforcement can be decreed when
  ক

  There exists no standard for ascertaining the actual damage caused by the non-performance of it

  খ

  The compensation in money would afford adequate relief

  গ

  A contract which is in its nature determinable

  ঘ

  Performance of it required a Court to continuously supervise it
• Which section of the Specific Relief Act, 1963 provides about specific performance of a Contract which cannot be specifically enforced?
  ক

  Under Section 14

  খ

  Under Section 15

  গ

  Under Section 16

  ঘ

  Under Section 41
• A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lesser:
  ক

  Who, knowingly not to have any title to the property, has contracted to sell or let the property

  খ

  Who, though he entered the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubts

  গ

  (A) is correct

  ঘ

  Both (A) and (B) are correct
• Under the Specific Relief Act, a suit for possession can be filed in respect of
  ক

  Movable property only

  খ

  Immovable property only

  গ

  Both (A) and (B)

  ঘ

  Neither (A) nor (B)
• Which of the following statements are true regarding a decree of declaration?<br>(1) It creates no new rights.<br>(2) It cannot be prayed as a matter of right.<br>(3) If all the parties are not joined, declaration cannot be granted.<br>(4) Such a decree is conclusive between the parties to it and persons litigating through them.
  ক

  (1), (2), (3), (4)

  খ

  (1), (3), (4)

  গ

  (1), (2), (3)

  ঘ

  (1) and (2)
• In terms of Section 26 of the Specific Relief Act, an instrument:
  ক

  Can never be rectified

  খ

  May be rectified

  গ

  May be rectified only when it fails to express the real intention of the party due to fraud

  ঘ

  May be rectified only when it fails to express the real intention of the parties due to fraud or manual mistake of the party
• In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that:
  ক

  His readiness and willingness to perform the contract

  খ

  Only, his readiness to perform the contract

  গ

  Only, his willingness to perform the contract

  ঘ

  Only his potential to perform the contract
• Which of the following is not correct, regarding Section 6 of the Specific Relief Act, 1963?
  ক

  The period of limitation, for filing a suit thereunder, is 6 months

  খ

  No suit, against the Government, can be brought under the said Section

  গ

  The order, or decree, passed under the said Section, is immune from challenge, by appeal as well as by review

  ঘ

  It would be necessary for the plaintiff, in such a case, to prove absolute title to the property
• Recovery of specific immovable property is defined
  ক

  Section of 5 of Specific Relief Act

  খ

  Section 120(B) of IPC (Indian Penal Code)

  গ

  Under section 10 of Sale of Goods Act

  ঘ

  None of the Above
• Under Section 9 of the Specific Relief Act, 1963, the defendant may plead his defence under the:
  ক

  Law of Contracts

  খ

  Code of Civil Procedure

  গ

  Transfer of Property Act

  ঘ

  None of the above
• Which of the following is a leading case on specific performance of a contract involving personal skills
  ক

  Lumely v. Wagner

  খ

  Willmot v. Barber

  গ

  Rigby v. Cannol

  ঘ

  None of the above
• Mandatory injunction is granted under Specific Relief Act in:
  ক

  Section 37

  খ

  Section 38

  গ

  Section 39

  ঘ

  Section 41
• A suit for recovery of possession based on the previous possession of a person can be filed by such a person even against real owner of that property who has dispossessed him
  ক

  Within one year of his dispossession

  খ

  Within three years of the dispossession

  গ

  Within six months of his dispossession

  ঘ

  Is not maintainable
• Provision regarding grant of mandatory injunction has been made under which of the following sections of Specific Relief Act, 1963
  ক

  Section 31

  খ

  Section 35

  গ

  Section 39

  ঘ

  Section 43
• Under which section of the Specific Relief Act, 1963 the ready and willingness is necessary condition for the specific performance of contract?
  ক

  Section 14

  খ

  Section 16(b)

  গ

  Section 16(c)

  ঘ

  Section 18
• The person against whom a relief under Specific Relief Act is claimed may plead by way of defence any ground namely
  ক

  Incapacity of the parties

  খ

  The uncertainty of contracts

  গ

  Coercion and undue influence

  ঘ

  All the above three
• Specific performance of any contracts may be ordered where:
  ক

  There exists no standard for ascertaining actual damage by non performance of the act to be done

  খ

  Compensation is adequate relief

  গ

  The performance of the contract involves performance of a continuous duty which the court cannot supervise

  ঘ

  The contract is by its nature determinable
• The readiness and willingness of a party seeking specific performance of a contract
  ক

  Must be averred and proved

  খ

  Must be proved

  গ

  Must be dispelled by the defendant through cogent evidence

  ঘ

  All of the above
• Explanation to Section 12 of the Specific Relief Act, 1963, lays down certain -
  ক

  Conclusive presumptions

  খ

  Irrebuttable presumptions of law

  গ

  Rebuttable presumptions of law

  ঘ

  Presumption of fact
• A sues B for the specific performance of contract. In the plaint, A seeks the relief of specific performance. He does not seek any relief in the alternative. The Court determines that it cannot order the specific performance of the contract. Can the court award compensation instead?
  ক

  Yes, as Specific Relief Act directs that compensation must be awarded

  খ

  Compensation can be awarded since Order VII, Rule 7 of the Code of Civil Procedure provides that any other relief can be awarded and the same does not have to be specifically pleaded

  গ

  Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation

  ঘ

  No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent pleadings, and therefore no amendment can be brought to this effect
• Under Specific Relief Act, when injunction can be granted
  ক

  To prevent the breach of a contract the performance of which would be specifically enforced

  খ

  To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance

  গ

  To prevent a continuing breach in which the plaintiff has acquiesced

  ঘ

  When the plaintiff has no personal interest in the matter
• Whether injunction to perform negative agreement can be granted?
  ক

  No

  খ

  Yes

  গ

  Only if superior court directs

  ঘ

  None of the above