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118 practice sets · Page 5 of 6
Which of the following Sections deals with specific performance of a part of a contract:
10
11
12
13
Correct Answer: C — 12
Explanation:
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.
In which of the following cases, it has been held by the Supreme Court that mere possessory title is good enough to maintain an action under Section 5 of SRA –
Somnath v. Raju, 1969
State of M.P. v. Sawan Kumar, 1987
Kamaal Singh v. State of Haryana, 2000
P.K. Dutt v. State of H.P. ,2001
None of the above
Correct Answer: A — Somnath v. Raju, 1969
Explanation:
Section 5: Recovery of specific immovable property. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
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
Correct Answer: C — neither appealable nor reviewable
Explanation:
Neither appealable nor reviewable. Section 6 provides for suit by person dispossessed of immovable property.
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.
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
Correct Answer: A — Specific performance
Explanation:
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.
Which of the following sections of Specific Relief Act provides for the situation 'when the instrument may be rectified':
Section 24
Section 26
Section 36
Section 34
Correct Answer: B — Section 26
Explanation:
Section 26. Section 26- 'When instrument may be rectified(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing [not being the articles of association of a company to which the Companies Act, 1956 (1 of.
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
Correct Answer: B — Non-enforcement except with variation
Explanation:
Correct answer isNon-enforcement except with variation Section 18 Non-enforcement except with variation.
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.
Correct Answer: A — Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
Explanation:
Refer Section 14 – An exception to the contracts which cannot be specifically enforced.
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.
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
Explanation:
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.
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
Correct Answer: C — Section 38 of the Specific Relief Act, 1963
Explanation:
Under Section 38 of the Specific Relief Act, 1963 Perpetual Injunction may be granted. Section 38: Perpetual injunction when granted.
Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property;
After six months from the date of dispossession
After nine months from the date of dispossession
After twelve months from the date of dispossession
After twenty-four months from the date of dispossession
Correct Answer: A — After six months from the date of dispossession
Explanation:
Section 6 of the Specific Relief Act, 1963 provides- 1. Suit for Recovery of Possession: If any person is dispossessed without his consent of immovable property (real estate) in a manner not in accordance with the law, that person or anyone claiming.
In specific relief, the court's decision is based on:
The financial status of the parties involved
The number of witnesses presented by each party
Principles of fairness, justice, and equity
The duration of the contract
None of the above
Correct Answer: C — Principles of fairness, justice, and equity
Explanation:
Principles of fairness, justice, and equity. Meaning of Specific Relief : Specific relief is a remedy that is specific to the subject matter of the dispute.
Section 5 of the Specific Relief Act, 1963, provides for?
Recovery of specific movable property
Recovery of specific immovable property
Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
Suit by person dispossessed of immovable property
None of the above
Correct Answer: B — Recovery of specific immovable property
Explanation:
Recovery of specific immovable property. Section 5 of the Specific Relief Act, 1963, provides for the Recovery of specific immovable property.
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
Correct Answer: C — thirty days
Explanation:
Thirty days. Section 20 of the Specific Relief Act provides for the Substituted performance of contract.
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
Correct Answer: C — Allowing a third party or agent to perform the contract in case of breach
Explanation:
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.
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
Correct Answer: C — 6 months
Explanation:
Section 6 of the Specific Relief Act, provides for Suit by person dispossessed of immovable property.
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
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.
Section 42 of SRA talks about:-
Injunction to perform negative agreement.
Injunction to perform positive agreement
Both 1 and 2
Neither 1 and 2
Correct Answer: A — Injunction to perform negative agreement.
Explanation:
Injunction to perform negative agreement. Section 42. Injunction to perform negative agreement.
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.
Which section of the Specific Relief Act, 1963 provides about specific performance of a contract which cannot be specifically enforced?
Section 14
Section 15
Section 16
Section 17
Correct Answer: A — Section 14
Explanation:
Section 14. Section 14 lays down Contracts which are not specifically enforceable.
