Specific Performance Of Contracts in SRA : Practice MCQ Questions & Answers with Explanations

73 practice sets · Page 1 of 4

SraEasySpecific Performance Of Contracts

How is the fee for the expert's services determined according to Section 14A?

It is predetermined by the expert

It is based on the financial status of the parties involved

It is fixed by the court

It is waived if the expert's opinion is not favourable to either party

None of the above

View Answer

Correct Answer: C — It is fixed by the court

Explanation:

It is fixed by the court. Section 14(A) of the Specific Relief Act deals with the power of the court to engage experts in a specific relief suit.

SraEasySpecific Performance Of Contracts

If the contract is performed after Breach of contract through a third party or by the suffering party's agency, which of the following statements is true?

The suffering party cannot claim compensation from the defaulting party

Specific performance can be claimed against the party in breach

The suffering party cannot recover any expenses incurred

The suffering party can still claim expenses incurred from the defaulting party

None of the above

View Answer

Correct Answer: D — The suffering party can still claim expenses incurred from the defaulting party

Explanation:

The suffering party can still claim compensation from the defaulting party. Section 20 : Substituted Performance of Contract : A party suffering from a breach can opt for substituted performance through a third party or by their agency.

SraEasySpecific Performance Of Contracts

The specific performance of a contract shall be enforced by the court:

Subject to the provision of the Civil Procedure Code

Subject to the provision of the Indian Contract Act

Subject to the provision of the Limitation Act

Subject to the provisions of sub-section (2) of section 11, section 14 and section 16 of the Specific Relief Act

View Answer

Correct Answer: D — Subject to the provisions of sub-section (2) of section 11, section 14 and section 16 of the Specific Relief Act

Explanation:

Section 10 of the Specific Relief Act was amended and substituted by Act no 18 of 2018. Amendment was made to strengthen the enforcement of specific performance of a contract.

SraEasySpecific Performance Of Contracts

Under section 14A of the Specific Relief Act, the fee of an expert is fixed by__________.

Court

Parties to the case

Revenue Collector

Either of them

None of the above

View Answer

Correct Answer: A — Court

Explanation:

UnderSection 14A of the Act the court has the power to engage experts.

SraEasySpecific Performance Of Contracts

Which of the following sections of the Specific Relief Act, 1963 deals with the recovery of movable property?

Section 4

Section 5

Section 6

Section 7

View Answer

Correct Answer: D — Section 7

Explanation:

Section 7 of the Specific Relief Act, 1963 deals with the recovery of specific movable property.

SraEasySpecific Performance Of Contracts

Which section laid down the provision regarding Specific performance of part of Contract?

Section11

Section12

Section13

Section14

None of the above

View Answer

Correct Answer: B — Section12

Explanation:

Section 12 Section 12. Specific performance of part of contract.— (1) Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract.

SraEasySpecific Performance Of Contracts

Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for: Mark the correct statement in relation to Section 22:

Possession, or partition and separate possession, of the property, in addition to such performance

Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused

No relief shall be granted by the court unless it has been specifically claimed

All of the above

None of the above

View Answer

Correct Answer: D — All of the above

Explanation:

Section 22. Power to grant relief for possession, partition, refund of earnest money, etc.

SraEasySpecific Performance Of Contracts

If the contract is performed after Breach of contract through a third party or by the suffering party's agency, which of the following statements is true?

The suffering party cannot claim compensation from the defaulting party

Specific performance can be claimed against the party in breach

The suffering party cannot recover any expenses incurred

The suffering party can still claim expenses incurred from the defaulting party

None of the above

View Answer

Correct Answer: D — The suffering party can still claim expenses incurred from the defaulting party

Explanation:

SraEasySpecific Performance Of Contracts

Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:

Possession, or partition and separate possession of the property, in addition to such performance

Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused.

Both 1 and 2

None of the above.

View Answer

Correct Answer: C — Both 1 and 2

Explanation:

Oth 1 and 2 Section 22 - Power to grant relief for possession, partition, refund of earnest money, etc.

SraEasySpecific Performance Of Contracts

10.

What purpose does a declaratory decree serve under the Specific Relief Act, 1963?

It grants immediate financial compensation to the aggrieved party.

It establishes the rights of parties without granting further relief.

It compels the parties to perform their contractual obligations.

It imposes punitive measures on the party in breach of contract.

View Answer

Correct Answer: B — It establishes the rights of parties without granting further relief.

Explanation:

Section 34 of the Specific Relief Act allows courts to issue declaratory decrees, which serve the purpose of establishing the rights of parties without enforcing any additional consequential relief.

SraEasySpecific Performance Of Contracts

11.

In which section under SRA laid down the provision of "Power of court to engage experts"

Section 14

Section 11

Section 14A.

Section20

View Answer

Correct Answer: C — Section 14A.

Explanation:

Section 14A. 14A. Power of court to engage experts.-- (1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court considers it necessary to get exp.

SraEasySpecific Performance Of Contracts

12.

Which section laid down the Who may obtain specific performance:

section 12

section 15

Section 21

section 14

View Answer

Correct Answer: B — section 15

Explanation:

Section 15 Explanation: Section15. Who may obtain specific performance.

SraEasySpecific Performance Of Contracts

13.

Identify the** _incorrect _** statement with respect to Section 13 of the Specific Relief act:

If the vendor or lessor has subsequently to the contract acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest;

where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, with interest and costs;

The provisions of this section shall not apply, to contracts for the sale or hire of movable property;

all of the above is correct

None of the above

View Answer

Correct Answer: C — The provisions of this section shall not apply, to contracts for the sale or hire of movable property;

Explanation:

The provisions of this section shall not apply, to contracts for the sale or hire of movable property.

SraEasySpecific Performance Of Contracts

14.

What type of legal enactment is the Specific Relief Act?

Substantive Law

Procedural Law

Either 1 and 2

Both 1 and 2

View Answer

Correct Answer: B — Procedural Law

Explanation:

The Specific Relief Act is a procedural law as the act does not define rights and liabilities. The law of specific relief supplements the Code of Civil Procedure, 1908.

SraMediumSpecific Performance Of Contracts

15.

Under Section 16 of Specific Relief Act, 1963, in a suit for specific performance of contract, the plaintiff must aver performance of, or readiness and willingness to perform. What is the meaning of 'readiness'?

Filing of suit within limitation

plaintiff's capacity including financial

conduct of plaintiff wanting performance

All of above

None of the above

View Answer

Correct Answer: B — plaintiff's capacity including financial

Explanation:

Section 16 Personal bars to relief. —Specific performance of a contract cannot be enforced in favour of a person— (a) who would not be entitled to recover compensation for its breach; or (b) who has become incapable of performing, or violates any ess.

SraEasySpecific Performance Of Contracts

16.

In Specific Relief Act 1963 , How many Chapters and Sections are there:-

6 chapters and 40 Sections

8 chapters and 46 Sections

8 chapters and 44 Sections

8 chapters and 41 Sections

None of the above

View Answer

Correct Answer: C — 8 chapters and 44 Sections

Explanation:

8 chapters and 44 Sections THE SPECIFIC RELIEF ACT, 1963 Contains:- 8 Chapters. There are 44 Sections Only. While section 43 & 44 has been repealed. By amendment the following sections has been added: 14A, 20A, 20B, 20C.

SraEasySpecific Performance Of Contracts

17.

Which of the following sections deals with Personal bars to the remedy of specific relief;

View Answer

Correct Answer: C — 16

Explanation:

Section 16: Personal bars to relief: This section lays down the conditions under which specific performance of a contract cannot be enforced.

SraEasySpecific Performance Of Contracts

18.

Who has the authority to designate a civil court as a special court under the Specific Relief Act, 1963?

State Government

Central Government

Chief Justice of the High Court

State Government in consultation with the chief justice of the High Court

None of the above

View Answer

Correct Answer: D — State Government in consultation with the chief justice of the High Court

Explanation:

Section 20B of the Specific Relief Act, 1963, provides for the Special Courts.

SraEasySpecific Performance Of Contracts

19.

Section 8 of the Specific Relief Act can be invoked

against a person who has possession or control over the article

against a person who is the owner of the article claimed

by a person not entitled to the possession of the article

none of the above

View Answer

Correct Answer: A — against a person who has possession or control over the article

Explanation:

Gainst a person who has possession or control over the article. Section 8 provides for the liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

SraMediumSpecific Performance Of Contracts

20.

Fill in the blanks with respect to the definition clause Specific Relief Act:

All other words and expressions used herein but not defined, and defined in the _________ have the meanings respectively assigned to them in that Act.

Indian Contract Act

Sale of Goods Act

Indian Partnership Act

All of the above

None of the above

View Answer

Correct Answer: A — Indian Contract Act

Explanation:

Indian Contract Act. Section 2 (e) of the Specific Relief Act provides that all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in th.

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