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

Q41. Declaratory decree can be granted under . . . . . . . . . of Specific Relief Act, 1963.

(A) Section 34
(B) Section 35
(C) Section 36
(D) Section 37

Answer: Section 34

Q42. If a contract comprises an agreement to do an act and also not to do certain acts:

(A) No injunction can be granted to prevent performance of the negative agreement
(B) Injunction can be granted to prevent performance of negative agreement only if affirmative agreement is enforceable
(C) Injunction can be granted to compel performance of both or any of them
(D) Injunction can be granted to compel performance of either of them only

Answer: Injunction can be granted to compel performance of both or any of them

Q43. Section 10 of the Specific Relief Act, 1963, applies to

(A) Promises which are not completed contracts
(B) Completed contracts which are valid in law and capable of enforcement
(C) Inchoate agreements
(D) All the above

Answer: Completed contracts which are valid in law and capable of enforcement

Q44. Specific performance of a contract can be granted in respect of

(A) Immovable property
(B) Chattels
(C) Immovable property as well as chattels
(D) Only (A) and not (B)

Answer: Only (A) and not (B)

Q45. Under the Specific Relief Act, specific relief can be granted only for:

(A) Enforcing penal laws
(B) Enforcing penal law and civil rights
(C) Enforcing individual civil rights
(D) All of these

Answer: Enforcing individual civil rights

Q46. In which case the question of “jurisdiction of civil court is not excluded in respect of adoption. The question regarding adoption involves declaration as to status/character of person can be decided only by civil court” was held?

(A) Ramchandra Dagdu Sonavane v. Vithu, AIR 2010 SC 818
(B) Sushil Kumar v. State, AIR 2010 SC 832
(C) Parminder Kaur v. State, AIR 2010 SC 840
(D) Alagarsamy v. State, AIR 2010 SC 849

Answer: Ramchandra Dagdu Sonavane v. Vithu, AIR 2010 SC 818

Q47. When, due to fraud played by the parties, a contract in writing does not express its real intention, then appropriate remedy would be a suit for-

(A) Specific performance
(B) Declaration
(C) Rectification of instrument
(D) Perpetual injunction

Answer: Rectification of instrument

Q48. Under which Section of the Specific Relief Act, 1963 the grant of a mandatory injunction is regulated –

(A) Section 38
(B) Section 39
(C) Section 40
(D) Section 41

Answer: Section 39

Q49. Which of the following is not the essential condition for applicability of Section 8 of the Specific Relief Act 1963 ?

(A) The article must be movable property
(B) The article must be in possession or control of the defendant
(C) The Defendant must be owner of the property
(D) The Plaintiff must be entitled to immediate possession of the article

Answer: The Defendant must be owner of the property

Q50. Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property;

(A) After six months from the date of dispossession
(B) After nine months from the date of dispossession
(C) After twelve months from the date of dispossession
(D) After twenty-four months from the date of dispossession

Answer: After six months from the date of dispossession