73 practice sets · Page 2 of 4
Under Section 6 of the Specific Relief Act 1963, the suit can be brought by
A servant
A manager
A tenancy by holding over
A trespasser
Correct Answer: C — A tenancy by holding over
Explanation:
Section 6 of the Specific Relief Act 1963, provides for Suit by person dispossessed of immovable property.
Which section of the Specific Relief Act, 1963, provides for the Contract to sell or let property by one who has no title, not specifically enforceable?
Section 15
Section 17
Section 19
Section 21
Section 23
Correct Answer: B — Section 17
Explanation:
Section 17. Section 17 of the Specific Relief Act, 1963, provides for the Contract to sell or let property by one who has no title, not specifically enforceable.
Which chapter of SRA talks about Rectification Of Instrument :-
Chapter II
Chapter III
Chapter IV
Chapter V
Correct Answer: B — Chapter III
Explanation:
Hapter III CHAPTER III (RECTIFICATION OF INSTRUMENTS) Section 26. When instrument may be rectified.
The period of limitation for filing a suit for specific performance is:
6 years from the date fixed for performance
4 years from the date fixed for performance
3 years from the date fixed for performance
2 years from the date fixed for performance
Correct Answer: C — 3 years from the date fixed for performance
Explanation:
Years from the date fixed for performance The prescribed limitation period for initiating a suit for specific performance, in accordance with Article 54 of the Limitation Act, 1963, is three years.
Which of the following is/are mentioned under Section 14 of the Specific Relief Act, 1963?
where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;
a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;
a contract which is in its nature determinable;
all of the above
None of the above
Correct Answer: D — all of the above
Explanation:
Section 14 of the Specific Relief Act, 1963, provides for the Contracts not specifically enforceable.
Which of the following is not a type of specific relief available under the Specific Relief Act 1963 in India?
Injunction
Recession of contract
Declaratory decree
Damage
Correct Answer: D — Damage
Explanation:
The Specific Relief Act primarily deals with specific relief, which typically does not include damages. Damages are generally compensatory and fall under the law of contracts or torts rather than specific relief.
Section 26 of the Specific Relief Act fixes the time limit for the discovery of mistake or fraud to be:
Two months
Six months
One year
no time limit is fixed
Correct Answer: D — no time limit is fixed
Explanation:
No time limit is fixed. Section 26 of the Specific Relief Act lays down when instrument may be rectified.
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
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.
Specific Relief Act, 1963 - The specific performance of a contract shall be enforced by the court subject to the provisions contained in _______
Subject to the provisions contained in sub section (3) of section 12, section 14 A and section 15 of The specific relief Act, 1963
Subject to the provisions contained in sub section (2) of section 12, section 13 and section 15 of The specific relief Act, 1963
Subject to the provisions contained in sub section (2) of section 11, section 14 and section 16 of The specific relief Act, 1963
Subject to the provisions contained in sub section (1) of section 11, section 12 and section 13 of The specific relief Act, 1963
None of the above
Correct Answer: C — Subject to the provisions contained in sub section (2) of section 11, section 14 and section 16 of The specific relief Act, 1963
Explanation:
Subject to the provisions contained in sub section (2) of section 11, section 14 and section 16 of The specific relief Act, 1963. Section 10 of the Indian Contract Act, 1872, provides for the Specific performance in respect of contracts.
The Specific Relief Act came into force on ____________.
1 March 1964
2 March 1968
3 March 1968
4 March 1960
None of the above
Correct Answer: A — 1 March 1964
Explanation:
March 1964. Section 1 : Short title, extent and commencement- This Act may be called the Specific Relief Act, of 1963. It extends to the whole of India.
Which among the following relief can be specifically claimed under the Specific Relief Act?
Separate Possession
Partition
Refund of earnest money
All of the above
None of the above
Correct Answer: D — All of the above
Explanation:
As per section 22 of the Act, 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 su.
Section 31 of the Specific Relief Act, 1963 is related to
rescission of instruments
cancellation of instruments
declaratory decrees
perpetual injunctions
None of the above
Correct Answer: B — cancellation of instruments
Explanation:
Section 31 of the Specific Relief Act, 1963 is related to cancellation of instruments.
Under the Specific Relief Act, what is the role of Special Courts as defined in Section 20B?
To oversee arbitration proceedings for all contract disputes.
To enforce criminal penalties for breach of contract.
To try suits specifically related to infrastructure projects.
To provide mediation services for contract disputes.
None of the above
Correct Answer: C — To try suits specifically related to infrastructure projects.
Explanation:
Section 20B of the Specific Relief Act establishes Special Courts designated by the State Government, in consultation with the Chief Justice of the High Court, with the specific mandate to exercise jurisdiction and try suits under the Act concerning.
Fill in the blanks with respect to the Specific Relief Act, 1963:
A person entitled to the possession of specific immovable property may recover it in the manner provided by the __________.
Code of Civil Procedure, 1908
Code of Criminal Procedure
either 1) or 2), depends on a case to case basis
none of the above
None of the above
Correct Answer: A — Code of Civil Procedure, 1908
Explanation:
Ode of Civil Procedure, 1908. Section 5 of the Specific Relief Act 1963 , provides for the Recovery of specific immovable property.
Section 31 of the Specific Relief Act, 1963 is related to
rescission of instruments
cancellation of instruments
declaratory decrees
perpetual injunctions
None of the above
Correct Answer: B — cancellation of instruments
Explanation:
Section 31 of the Specific Relief Act, 1963 is related to cancellation of instruments.
What is the policy behind that an injunction can't be granted for a project covered under Section 20A?
It would speed up the progress of the infrastructure project.
It would not affect the infrastructure project.
It would hinder or delay the progress or completion of the infrastructure project.
It would lead to the cancellation of the infrastructure project.
None of the above
Correct Answer: C — It would hinder or delay the progress or completion of the infrastructure project.
Explanation:
It would hinder or delay the progress or completion of the infrastructure project.
which provision is laid down under section 24 of the specific Relief Act:
when instrument may be rectified
Bar of suit for compensation for breach after dismissal of suit for specific performance.
When rescission may be adjudged or refused.
Power to grant relief for possession, partition, refund of earnest money, etc.
Correct Answer: B — Bar of suit for compensation for breach after dismissal of suit for specific performance.
Explanation:
Section 24:Bar of suit for compensation for breach after dismissal of suit for specific performance.
Which of the following Sections lays down the rule that the discretionary power of the Court to grant specific performance is not arbitrary but sound and reasonable?
10
14
20
None of the above
Correct Answer: C — 20
Explanation:
The correct ansswer is Section 20 Section 20 of the Specific Relief Act provides the option of substituted performance of a contract in the event of a breach, subject to certain conditions: General Provision: In addition to the Indian Contract Act, 1.
Which section of the Specific Relief Act provides for the rights of purchaser or lessee against person with no title or imperfect title?
Section 13
Section 14
Section 15
Section 16
None of the above
Correct Answer: A — Section 13
Explanation:
Section 13. Section 13 provides for the Rights of purchaser or lessee against person with no title or imperfect title.
What is the policy behind that an injunction can't be granted for a project covered under Section 20A?
It would speed up the progress of the infrastructure project.
It would not affect the infrastructure project.
It would hinder or delay the progress or completion of the infrastructure project.
It would lead to the cancellation of the infrastructure project.
None of the above
Correct Answer: C — It would hinder or delay the progress or completion of the infrastructure project.
Explanation:
It would hinder or delay the progress or completion of the infrastructure project.
