Specific Performance Of Contracts in Sra: Practice MCQ Questions and Answers

73 practice sets · Page 3 of 4

SraEasySpecific Performance Of Contracts

41.

A suit filed under the provisions of the Specific Relief Act shall be disposed of by the court within a period of ____________months from the date of service of summons to the defendant.

Three

Six

Twelve

One

None of the above

Answer and explanation

Correct Answer: C — Twelve

Section 20C deals with the expeditious disposal of suits. As per section 20C of the Act, a suit filed under the provisions of this Act shall be disposed of by the court within a period oftwelve months from the date of service of summons to the defend.

SraEasySpecific Performance Of Contracts

42.

In case of specific performance of part of contract the purchaser

May not relinquish claim to further performance of the remaining part of the contract and has no right to compensation

May relinquish claim to further performance of the remaining part of contract and has right to compensation

Specific performance of part of contract not possible

All the above

Answer and explanation

Correct Answer: B — May relinquish claim to further performance of the remaining part of contract and has right to compensation

Section 12 of the Specific Relief Act 1963, provides for the Specific performance of part of contract.

SraEasySpecific Performance Of Contracts

43.

Section 9 of the Specific Relief Act, 1963, provides for?

Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession;

Suit by person dispossessed of immovable property;

Defences respecting suits for relief based on contract;

Specific performance in respect of contracts;

None of the above

Answer and explanation

Correct Answer: C — Defences respecting suits for relief based on contract;

Section 9 of the Specific Relief Act, 1963, provides for Defences respecting suits for relief based on contract.

SraEasySpecific Performance Of Contracts

44.

Under SRA Preventive relief is granted at the discretion of the court by

Temporary injunctions

Perpetual injunction

Both 1 and 2

Nither 1 and 2

Answer and explanation

Correct Answer: C — Both 1 and 2

Oth 1 and 2 Section 36. Preventive relief how granted. Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Section 37. Temporary and perpetual injunctions.

SraEasySpecific Performance Of Contracts

45.

Which action, as per Section 16, would disallow a person from claiming specific performance even if they were ready and willing to perform the essential terms?

Violating any essential term of the contract

Acting in fraud of the contract

Obtaining substituted performance under Section 20

All of the above

None of the above

Answer and explanation

Correct Answer: D — All of the above

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

SraMediumSpecific Performance Of Contracts

46.

Fill in the blanks with respect to Section 21 of the Specific Relief Act, 1963:

In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in ___________ of the Indian Contract Act, 1872.

Section 71

Section 72

Section 73

Section 74

Section 75

Answer and explanation

Correct Answer: C — Section 73

Section 21 of the Specific Relief Act, 1963, provides for Power to award compensation in certain cases.

SraMediumSpecific Performance Of Contracts

47.

Which of the following statements aretrue regarding a decree of declaration?

(I) It creates no new rights.

(II) It cannot be prayed as a matter of right.

(III) If all the parties are not joined, declaration cannot be granted.

(IV) Such a decree is conclusive between the parties to it and persons litigating through them.

(I), (II), (III), (IV)

(I), (III), (IV)

(I), (II), (III)

(I) & (II)

Answer and explanation

Correct Answer: D — (I) & (II)

Section 34 in The Specific Relief Act, 1963 Discretion of court as to declaration of status or right.

SraEasySpecific Performance Of Contracts

48.

Under section 35 of Specific Relief Act, A declaration made is binding only on:-

the parties to the suit

persons not claiming through them respectively

where none of the parties are trustees;

All of the above

Answer and explanation

Correct Answer: A — the parties to the suit

On the parties to the suit Section 35. Effect of declaration A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for.

SraEasySpecific Performance Of Contracts

49.

What is the total period provided for (including the extension), under Section 20C of the Specific Relief Act, 1963?

Six months

twelve months

eighteen months

twenty-four months

None of the above

Answer and explanation

Correct Answer: C — eighteen months

Ighteen months. Section 20C of the Specific Relief Act, 1963, provides for the Expeditious disposal of suits.

SraEasySpecific Performance Of Contracts

50.

Which of the following Sections deals with specific performance of a part of a contract:

Answer and explanation

Correct Answer: C — 12

Section 12 Section 12 of the Specific Relief Act outlines the principles governing the specific performance of part of a contract: General Rule : The court typically does not direct the specific performance of a partial contract.

SraEasySpecific Performance Of Contracts

51.

An order or decree passed in a suit presented under section 6 of the Specific Relief Act is-

appealable

reviewable

neither appealable nor reviewable

both appealable and reviewable

Answer and explanation

Correct Answer: C — neither appealable nor reviewable

Neither appealable nor reviewable. Section 6 provides for suit by person dispossessed of immovable property.

SraEasySpecific Performance Of Contracts

52.

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

Answer and explanation

Correct Answer: C — It would hinder or delay the progress or completion of the infrastructure project.

It would hinder or delay the progress or completion of the infrastructure project.

SraEasySpecific Performance Of Contracts

53.

A agrees to sell his one kanal house in Chandigarh to B for Rs. 5 crore. He makes breach of contract. If suit is filed by B then court may grant ________ and may compel A to sell that house to B.

Specific performance

Perpetual injunction

Mandatory injunction

Cancellation of contract

None of the above

Answer and explanation

Correct Answer: A — Specific performance

Ll of the above. Specific Performance of Contracts Specific Performance of Contracts is an equitable relief granted by the court to perform the contract when there is a breach of the same.

SraEasySpecific Performance Of Contracts

54.

Section 18 of THE SPECIFIC RELIEF ACT, 1963 deals_______?

Specific performance in respect of contracts

Non-enforcement except with variation

Contracts not specifically enforceable

Specific performance of part of contracts

Answer and explanation

Correct Answer: B — Non-enforcement except with variation

Correct answer isNon-enforcement except with variation Section 18 Non-enforcement except with variation.

SraEasySpecific Performance Of Contracts

55.

Specific performance of contract to build or repair can be ordered:

Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages

Where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages

Where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages

All the above.

Answer and explanation

Correct Answer: A — Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages

Refer Section 14 – An exception to the contracts which cannot be specifically enforced.

SraEasySpecific Performance Of Contracts

56.

A contracts with B to sing for twelve months at B's theatre and not to sing in public elsewhere.

B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment

B can only obtain specific performance to sing

B could not only obtain specific performance to but he is also entitled to an for place of public entertai injunction restraining A from singing at any other place of public entertainment

None of the above.

Answer and explanation

Correct Answer: A — B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment

Refer Section 14 of Specific Relief Act, 1963. Section 14 of the Act talks about contracts that cannot be specifically enforced. Section 14 (a) covers a case where a party to the contract has obtained substituted performance of a contract.

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57.

The circumstances under which section a perpetual injunction can be granted:

Section 36 of the Specific Relief Act, 1963

Section 37 of the Specific Relief Act, 1963

Section 38 of the Specific Relief Act, 1963

Section 39 of the Specific Relief Act, 1963

None of the above

Answer and explanation

Correct Answer: C — Section 38 of the Specific Relief Act, 1963

Under Section 38 of the Specific Relief Act, 1963 Perpetual Injunction may be granted. Section 38: Perpetual injunction when granted.

SraMediumSpecific Performance Of Contracts

58.

Fill in the blanks with respect to the Specific Relief Act, 1963:

No substituted performance of contract under sub-section (1) of section 20 shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than ________.

ten days

fifteen days

thirty days

sixty days

None of the above

Answer and explanation

Correct Answer: C — thirty days

Thirty days. Section 20 of the Specific Relief Act provides for the Substituted performance of contract.

SraEasySpecific Performance Of Contracts

59.

What is the concept of "substituted performance" introduced by the 2018 Amendment Act primarily focused on?

Financial compensation for breach of contract

Enforcing specific performance by the defaulting party

Allowing a third party or agent to perform the contract in case of breach

Nullification of the contract

None of the above

Answer and explanation

Correct Answer: C — Allowing a third party or agent to perform the contract in case of breach

The concept of "substituted performance " was introduced by the 2018 Amendment Act primarily to allow a third party or agent to perform the contract in case of a breach by one of the parties.

SraEasySpecific Performance Of Contracts

60.

By virtue of Section 6 of the Specific Relief Act 1963, a suit for possession of an immovable property can be filed within a period of ________ of dispossession.

3 years

3 months

6 months

1 year

Answer and explanation

Correct Answer: C — 6 months

Section 6 of the Specific Relief Act, provides for Suit by person dispossessed of immovable property.

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Specific Performance Of Contracts in Sra: Practice MCQ Questions and Answers