Practice Test 5 - LawVidhi.com

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Specific Relief Act

Practice Test 5

1 / 29

Point out – On which of the following ground the court shall not refuse the decree of specific performance.

In a contract, where plaintiff has been given an unfair advantage over the defendant

Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

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

In a case where the contract is not enforceable at the instance of the other party

2 / 29

Rescission of contracts may be allowed if:

Where the third party acquire the interest in the contract in good faith

When the contract is void

All of the above

Where the contract is voidable at the instance of the plaintiff

3 / 29

Rescission cannot be granted

All the above

Where there is a valid contract

Where the third party have acquired any interest under the contract

Where the plaintiff has ratified the contract

4 / 29

Readiness may mean capacity of plaintiff to perform contract which includes

Potential of plaintiff

Performance of plaintiff

Willingness of plaintiff

Financial ability of plaintiff

5 / 29

Section 11 of the Specific Relief Act, 1930 provides for

Specific performance of a part of the contract

Circumstances in which specific performance of a contract is enforceable

Specific performance of contracts connected with trusts

Defence respecting suits for relief based on contract

6 / 29

Which of the following pairs is not correctly matched?

Temporary and perpetual injunctions – Section 37

Liquidation of damages not a bar to specific performance – Section 23

Power to award compensation in certain cases – Section 21

Contracts not specifically enforceable – Section 15

7 / 29

Which is incorrect of temporary injunctions

Continues until a specific time

Preserves the property in dispute in status quo till the disposal of the suit

Finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing

Can be granted ex-parte

8 / 29

Section 41 of the Specific Relief Act, 1963 mentions the cases in which

Perpetual injunction can be granted

Both (A) and (B)

Neither (A) nor (B)

Perpetual injunction cannot be granted

9 / 29

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

All the above three

Incapacity of the parties

The uncertainty of contracts

Coercion and undue influence

10 / 29

Section 11 of Specific Relief Act, 1963, provides for

Circumstances in which specific performance of a contract is enforceable

Specificperformance of contracts connected with trusts

Defences respecting suits for relief based on contract

Specific performance of a part of the contract

11 / 29

Under Section 10 of the Specific Relief Act, which of the following can be specifically enforced?

Contract to get objects of historic value

Contingent contract

Contract to form partnerships

Marriage contract

12 / 29

Where a decree for specific performance of a contract for sale of immovable property has been made and the purchaser within the period allowed by the court does not pay the purchase money which the court has ordered him to pay:

The vendor has to file a fresh suit for recovery of purchase money

The purchaser may apply in the same suit in which the decree is made to have the contract rescinded and for a direction to the vendor to refund the earnest money/advance consideration received till then along with cost of the suit

The vendor may apply in the same suit in which the decree is made, to have the contract rescinded

The vendor can forfeit the earnest money

13 / 29

A Court is empowered to grant in injunction to perform the negative agreement:

Where the contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement not to do a certain act

In all cases where a contract comprises an affirmative agreement to do a certain act

Only in the case of contracts of stage performance musical or theatrical

Only in the case of contracts of musical performance

14 / 29

Which of the following statements is wrong? Perpetual injunction

Can be granted on merits only

Can never be granted without notice to and hearing the defendant

Can be granted without notice to and hearing the defendant

Is granted by a decree

15 / 29

Which of the following is a correct statement?

Suit for recovery of possession of immovable property by a person who has been dispossessed can also be brought against government

A contract made by trustee in excess of his powers can also be specifically enforced

A contract, for the non-performance of which compensation in money is an adequate relief, is not specifically enforceable

Suit for recovery of possession of immovable property by a person who has been dispossessed can be filed after expiry of one year of dispossession

16 / 29

A pledged certain jewel with B. On a complaint by C, the police seized the jewels and deposited them in the Court. Can they recover the jewels by filing a suit under Section 7 of the Specific Relief Act?

Depends

None of the above

Yes

17 / 29

In case of cancellation under section 31 the relief of specific performance

Out of question

Can be in the alternative

All the above

Can be supplemented

18 / 29

In a suit for specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following-

That plaintiff obtained encumbrance certificate

That plaintiff is ready and willing to perform his part of contract

That plaintiff obtained clearance from all authorities

That plaintiff paid entire sale consideration

19 / 29

What is the meaning of principle of quia timet in the context of law of injunction?

Some injury incapable of being estimated in money

Some future probable injury to the right or interests of a person

Some injury capable of being estimated in money

Some past injury to the right or interest of a person

20 / 29

Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:

Section 37

None of the above

Section 35

Section 36

21 / 29

Which of the following sections deals with specific performance of a part of a contract:

22 / 29

Suit for specific performance is claimed when applicant is . . . . . . . . .

Both (A) and (C)

Necessary party

Proper party

Neither (A) nor (B)

23 / 29

Temporary injunction can be granted

Ex parte

Suo mota

None of the above

Hearing both parties

24 / 29

Which of the following is incorrect:

Family arrangements (compromises) can be specifically enforced

A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract

There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid

In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance

25 / 29

Under Section 8 of the Specific Relief Act, a person, shall not be entitled to specific relief of the delivery of a movable property, in which of the following cases

When thing claimed is held by defendant as agent or trustee of the plaintiff

When the possession of the thing claimed has been wrongfully transferred from the plaintiff

When compensation in money would be adequate relief for the loss of the thing claimed

When it would be extremely difficult to ascertain the actual damage caused by its loss

26 / 29

A claim for damages in a suit for injunction can be laid down

Under Section 38 of the Specific Relief Act

Under Section 39 of the Specific Relief Act

Under Section 40 of the Specific Relief Act

Under Section 37 of the Specific Relief Act

27 / 29

Under Section 26 of Specific Relief Act, the Court may direct to rectify an instrument so as to express the real intention of the parties

If there is a latent mistake

If there is a mutual mistake of the parties

Even if there is a mistake of only one party

If there is a patent mistake

28 / 29

Specific performance of a part of the contract, has been dealt with under which Section of the Specific Relief Act, 1963 –

Section 12

Section 10

Section 9

Section 11

29 / 29

Specific Relief Act: Which of the following contracts cannot be specifically enforced

A contract the performance of which not involves the performance of a continuous duty which the court can supervise

A contract the non performance of which compensation in money is not an adequate relief

A contact for which is in its nature determinable

A contract from its nature is such, that the Court can enforce specific performance of its material terms

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