Specific Relief Act Law 100 MCQ With Free Exam SET:-1

Q91. 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

(A) When compensation in money would be adequate relief for the loss of the thing claimed
(B) When thing claimed is held by defendant as agent or trustee of the plaintiff
(C) When it would be extremely difficult to ascertain the actual damage caused by its loss
(D) When the possession of the thing claimed has been wrongfully transferred from the plaintiff

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

Q92. 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:

(A) The vendor may apply in the same suit in which the decree is made, to have the contract rescinded
(B) The purchaser may apply in the same suit in which the decree is made to have the contract rescinded and for a direction to the vendor to refund the earnest money/advance consideration received till then along with cost of the suit
(C) The vendor can forfeit the earnest money
(D) The vendor has to file a fresh suit for recovery of purchase money

Answer: The vendor may apply in the same suit in which the decree is made, to have the contract rescinded

Q93. Which is incorrect of temporary injunctions

(A) Continues until a specific time
(B) Finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing
(C) Preserves the property in dispute in status quo till the disposal of the suit
(D) Can be granted ex-parte

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

Q94. 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 ?

(A) Yes
(B) No
(C) Depends
(D) None of the above

Answer: No

Q95. A claim for damages in a suit for injunction can be laid down

(A) Under Section 38 of the Specific Relief Act
(B) Under Section 39 of the Specific Relief Act
(C) Under Section 40 of the Specific Relief Act
(D) Under Section 37 of the Specific Relief Act

Answer: Under Section 40 of the Specific Relief Act

Q96. Section 41 of the Specific Relief Act, 1963 mentions the cases in which

(A) Perpetual injunction can be granted
(B) Perpetual injunction cannot be granted
(C) Both (A) and (B)
(D) Neither (A) nor (B)

Answer: Perpetual injunction cannot be granted

Q97. Point out – On which of the following ground the court shall not refuse the decree of specific performance.

(A) In a contract, where plaintiff has been given an unfair advantage over the defendant
(B) In a case where the contract is not enforceable at the instance of the other party
(C) Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance
(D) 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

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

Q98. Suit for specific performance is claimed when applicant is . . . . . . . . .

(A) Necessary party
(B) Proper party
(C) Neither (A) nor (B)
(D) Both (A) and (C)

Answer: Both (A) and (C)

Q99. Which of the following statements is wrong? Perpetual injunction

(A) Is granted by a decree
(B) Can be granted without notice to and hearing the defendant
(C) Can never be granted without notice to and hearing the defendant
(D) Can be granted on merits only

Answer: Can be granted without notice to and hearing the defendant

Q100. Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:

(A) Section 35
(B) Section 36
(C) Section 37
(D) None of the above

Answer: Section 37