17 practice sets · Page 1 of 1
A temporary injunction continues-
For a stipulated time
Until further orders of the Court
Forever
Either 1 or 2
None of the above
Correct Answer: D — Either 1 or 2
Explanation:
Ither 1 or 2. Temporary injunctions :- The primary purpose of temporary or interim sometimes referred to as interlocutory injunctions is the preservation of the status quo of the property (subject-matter) in dispute until the legal rights and confl.
A plaintiff files a suit for permanent injunction. Under Section 40 of the Specific Relief Act, 1963:
The plaintiff cannot claim damages in addition to relief of injunction.
The plaintiff can only claim damages in substitution for such injunction.
The plaintiff can claim both injunction and damages.
Where the plaintiff claims both injunction and damages, the suit is bound to be dismissed.
None of the above
Correct Answer: C — The plaintiff can claim both injunction and damages.
Explanation:
Correct answer is The plaintiff can claim both injunction and damages.
Injunction to perform negative agreement is laid down in which section of the specific Relief Act:
Section 41
Section 42
Section 40
Section 43
None of the above
Correct Answer: B — Section 42
Explanation:
Section 42 section 42 Injunction to perform negative agreement.
A temporary injunction under Section 37 of the Specific Relief Act, 1963 can be granted by the court:
Only immediately after filing of the suit.
It can be granted at any stage of the suit.
It can be granted at any stage of the suit and even after the suit is disposed of.
No such injunction can be granted.
None of the above
Correct Answer: B — It can be granted at any stage of the suit.
Explanation:
It can be granted at any stage of the suit. Section 37 of SRA provides Temporary and perpetual injunctions.
Which section of the Specific Relief Act, describes temporary Injunction
45
41
37
36
None of the above
Correct Answer: C — 37
Explanation:
Section 37 of SRA Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code.
Specific Relief Act, 1963 - 'A' has been dispossessed by his brother 'B' from the ancestral property denying his title. A suit for mere declaration -
is maintainable.
is maintainable with relief of compensation.
is beyond civil jurisdiction.
is maintainable only with further reliefs to which plaintiff is able to seek.
None of the above
Correct Answer: D — is maintainable only with further reliefs to which plaintiff is able to seek.
Explanation:
Is maintainable. Section 34 of the Specific Relief act, 1963, provides for the Discretion of court as to declaration of status or right.
Section 37 of the Specific Relief Act, 1963, empowers the Court to grant an injunction-
Temporary
Perpetual
Mandatory
Either temporary or perpetual
None of the above
Correct Answer: D — Either temporary or perpetual
Explanation:
Ither temporary or perpetual. Section 37 : Temporary and perpetual injunction Section 37(1): Temporary injunctions are such as are to continue until a specified time or until the further order of the court.
Injunction to perform negative agreement is laid down in which section of the specific Relief Act:
Section 41
Section 42
Section 40
Section 43
Correct Answer: B — Section 42
Explanation:
Section 42 section 42 Injunction to perform negative agreement.
According to Section 36 of Specific Relief Act, preventive relief may be granted-
By temporary injunction
By perpetual injunction
By damages
Either by temporary or perpetual injunction
None of the above
Correct Answer: D — Either by temporary or perpetual injunction
Explanation:
Ither by temporary or perpetual injunction Preventive relief is a relief by which a person is prevented from doing an act, which he is not validly liable to do. Example :- A is constructing a wall on B's land.
According to Section 36 of the Specific Relief Act 1963, the injunctions are of-
One kind i.e., temporary injunction
One kind ie., perpetual injunction
Two kinds i.e., temporary injunction and perpetual injunction
Three kinds i.e., temporary injunction, perpetual injunction and mandatory injunction
None of the above
Correct Answer: C — Two kinds i.e., temporary injunction and perpetual injunction
Explanation:
Two kinds i.e., temporary injunction and perpetual injunction. Section 36 of the Specific Relief Act of 1963 deals with the types of injunctions that may be granted by the court.
A court may refuse to grant an injunction if it would hinder or delay the progress or completion of what type of project?
Educational
Environmental
Infrastructure
Research and Development
None of the above
Correct Answer: C — Infrastructure
Explanation:
Infrastructure. Section 41 injunction when refused— An injunction shall not be granted under the following circumstances: Restraining any individual from pursuing a legal proceeding that was ongoing at the commencement of the lawsuit seeking the in.
A mandatory injunction in the nature, is:
Restitutory
Prohibitory
Both restitutory and prohibitory
Neither restitutory nor prohibitory.
Correct Answer: C — Both restitutory and prohibitory
Explanation:
Oth restitutory and prohibitory Section 39 – Mandatory Injunctions - When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion gran.
A court may refuse to grant an injunction if it would hinder or delay the progress or completion of what type of project?
Educational
Environmental
Infrastructure
Research and Development
None of the above
Correct Answer: C — Infrastructure
Explanation:
Infrastructure. Section 41 injunction when refused— An injunction shall not be granted under the following circumstances: Restraining any individual from pursuing a legal proceeding that was ongoing at the commencement of the lawsuit seeking the in.
Injunction cannot be granted:
In contract which can be specifically enforced
In contract which cannot be specifically enforced.
Irrespective of whether the contract is specifically enforceable or not
Either 2 or 3.
Correct Answer: B — In contract which cannot be specifically enforced.
Explanation:
Supreme Court in the case of Cotton Corporation v U.I.B. (1983) held that if final relief cannot be granted in terms sought for temporary relief of the same nature cannot be granted.
Mandatory injunction is granted u/s ________ of the Specific Relief Act.
Section 34
Section 35
Section 38
Section 39
None of the above
Correct Answer: D — Section 39
Explanation:
Section 39 in The Specific Relief Act, 1963 Mandatory injunctions.
_______ of Specific Relief Act provides for the grant of mandatory injunction.
Section 38
Section 39
Section 40
Section 41
None of the above
Correct Answer: B — Section 39
Explanation:
Section 39. Mandatory injunction - A mandatory injunction is defined by Salmond as― An order requiring the defendant to do some positive act to put an end to the wrongful state of things created by him or otherwise in the fulfilment of his legal o.
Mark the incorrect statement with respect to the Specific Relief Act 1963.
An injunction cannot be granted to restrain any person from applying to any legislative body
An injunction cannot be granted to prevent a continuing breach in which the plaintiff has acquiesced
An injunction can be granted when the plaintiff has no personal interest in the matter
An injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding
None of the above
Correct Answer: C — An injunction can be granted when the plaintiff has no personal interest in the matter
Explanation:
Section 41 of the Specific Relief Act outlines the cases where an injunction can be granted.
