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Specific Relief Act Law 100 MCQ With Free Exam SET:-1
Q11. Under Section 6 of the Specific Relief Act, the suit can be brought by
(A) servant
(B) A manager
(C) A tenancy by holding over
(D) A trespasser
Answer: A tenancy by holding over
Q12. Which of the following remedies is available when an instrument does not express real intention due to fraud or mutual mistake of the parties ?
(A) Cancellation of instrument
(B) Recession of instrument
(C) Rectification of instrument
(D) Grant of Injunction
Answer: Rectification of instrument
Q13. Under which circumstances an injunction cannot be granted under section 41 of the Specific Relief Act, 1963 to
(A) Restrain any person from prosecuting a judicial proceedings
(B) Restrain any person from applying to any legislative proceedings
(C) Only (A) and not (B)
(D) Both (A) and (B)
Answer: Both (A) and (B)
Q14. Which Section of the Specific Relief Act, 1963 provides that liquidation of damages is not a bar to specific performance ?
(A) Section 12
(B) Section 15
(C) Section 23
(D) Section 28
Answer: Section 23
Q15. Mandatory injunctions under Section 39 of Specific Relief Act can be granted
(A) To prevent the breach complained of
(B) To compel performance of the requisite acts
(C) Both (A) and (B) above
(D) None above
Answer: Both (A) and (B) above
Q16. In a Suit for Specific Performance of Contract, the plaintiff must aver and prove that
(A) He is always ready and willing to perform his part
(B) He has actually tendered the money to the defendant
(C) Both (A) and (B)
(D) None of these
Answer: He is always ready and willing to perform his part
Q17. When to prevent breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, court may under Section 39 of Specific Relief Act, 1963 grant
(A) Mandatory Injunction
(B) Perpetual Injunction
(C) Prohibitory Injunction
(D) Specific Performance Decree
Answer: Mandatory Injunction
Q18. Specific Relief can be given in the form of
(A) Injunction
(B) Stay
(C) Specific remedy
(D) All of the above
Answer: All of the above
Q19. Sections 36 to 42 of Specific Relief Act provides
(A) Injunctions
(B) Court’s discretion on specific performance
(C) Cancellation of instruments
(D) None of the above
Answer: Injunctions
Q20. The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the CPC (Code of Civil Procedure). The said statement is;
(A) Correct
(B) Not correct
(C) Misleading
(D) Merely a belief
Answer: Not correct