100 sample questions on The Specific Relief Act, 1963 for Manipur Judiciary Examination (preliminary)

100 sample questions on The Specific Relief Act, 1963 for Manipur Judiciary Examination (preliminary)

1. Readiness may mean capacity of plaintiff to perform contract which includes

(a) performance of plaintiff

(b) potential of plaintiff

(c) willingness of plaintiff

(d) financial ability of plaintiff.

2. Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?

(a) yes

(b) no

(c) conditional one

(d) none of above.

3. Specific relief can be granted for

(a) enforcing individual civil rights

(b) enforcing penal laws

(c) both civil rights and penal laws

(d) neither civil rights nor penal laws.

4. Under the Specific Relief Act, a suit for recovery of possession can be filed

(a) only in respect of movable property

(b) only in respect of immovable property

(c) in respect of both movable and immovable property

(d) neither movable nor immovable property.

5. Specific Relief Act, 1963 is the product of

(a) 8th Report of Law Commission of India on Specific Relief Act of 1877

(b) 9th Report of Law Commission of India on Specific Relief Act of 1877

(c) 10th Report of Law Commission of India on Specific Relief Act of 1877

(d) none of above.

6. A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed within

(a) 1 year of dispossession

(b) 6 months of dispossession

(c) 3 years of dispossession

(d) 12 years of dispossession.

7. A suit for recovery of possession of an immovable property under section 6 of Specific Relief Act can be filed against

(a) a private individual only

(b) a government

(c) both a private individual and a government

(d) neither (a) nor (b).

8. Burden to prove adverse possession is on

(a) court

(b) defendant ,(c) plaintiff

(d) none of above.

9. To maintain suit under section & of the Act, the possession must be

(a) actual judicial possession

(b) symbolic possession

(c) constructive possession

(d) either actual or symbolic or constructive.

10. An order or decree under section 6 of the Act is

(a) appealable

(b) reviewable

(c) neither appealable nor reviewable

(d) both appealable and reviewable.

11. A suit under section 6 can be brought by

(a) trespasser

(b) tenant holding over

(c) servant

(d) manager.

12. In a suit under section 6

(a) title of the plaintiff is relevant

(b) title of dispossessor is relevant

(c) the defendant is allowed to prove his title

(d) none of the above.

13. A suit for possession under section 5 of Specific Relief Act, can be filed within

(a) 3 years

(b) 6 months

(c) 12 years

(d) 30 years.

14. In a suit under section 6, the court can

(a) adjudicate on the title

(b) direct the defendant(s) to remove the structures

(c) permit the plaintiff to pull down the structure

(d) neither (a) nor (b) nor (c).

15. The question of title is

(a) relevant under section 6 of the Specific Relief Act, 1963

(b) irrelevant under section 6 of the Specific Relief Act, 1963

(c) question of title is not a provision under the Specific Relief Act, 1963

(d) none of above.

The object of section 6 of the Specific Relief Act, 1963 is to

(a) restrain a person from using force and to disposes a person without his consent

(b) is not to restrain a person to dispossess a person

(c) only (b) is correct

(d) none of above.

17. A suit under section 7 may be brought by a person

(a) who is not the owner of the property

(b) who may not have the possession of the property

(c) from whose possession the goods may not have been removed

(d) either (a), (b) or (c).

18.For application of section 7 of the Act, the [ goods must be

(a) in original form

(b) capable of identification & delivery

(c) without alteration

(d) all the above.

19.Section 7 does not apply to

(a) money & currency notes

(b) wrongful taking of the property

(c) wrongful detaining of the property

(d) wrongful disposal of the property.

20.Section 8 of Specific Relief Act can be I invoked

(a) against a person who has possession or control over the article

(b) against a person who is the owner of the article claimed

(c) by a person not entitled to the possession of the article

(d) in respect of an ordinary article.

21.Section 8 can be invoked

(a) if compensation in money is an adequate relief

(b)if the damages can be easily ascertained

(c) if the article is held by the person as agent or trustee of the claimant

(d) if the article has been rightly transferred from the claimant.

22. Suit under section 8 is not competent

(a) against a person who is the owner of the article claimed

(b) against a person who has the possession or control over the article

(c) in respect of an article for which compensation in money is not an adequate relief

(d) in cases where ascertainment of damages is extremely difficult.

23. What is true of Specific Relief Act

(a) it is a procedural law

(b) it supplements the Code of Civil Procedure

(c) it is founded on English Law

(d) all the above.

24. Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted

(a) if there is no concluded contract

(b) if there is a concluded contract

(c) if the compensation in money is not an adequate relief

(d) if there exists no standard for ascertaining the actual damages.

25. Under section 10 the specific performance can be granted

(a) if there is a concluded contract

(b) if there exists no standard for ascertaining the actual damages

(c) if compensation in money is not an adequate relief

(d) all the above.

26. Under section 10 which of the following can be specifically enforced

(a) contingent contract

(b) to form a partnership

(c) chattel of special value

(d) separation deeds.

27. In case of specific performance of part of contract the purchaser

(a) may relinquish claim to further performance of the remaining part of contract and has right to compensation

(b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation

(c) specific performance of part of contract not possible

(d) none of above.

28. Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of a property

(a) in which vendor has no title or has an imperfect title

(b) in which vendor has title

(c) in which vendor has imperfect title

(d) none of above.

29. Within the meaning of section 15 of the Specific Relief Act, 1963, the assignee falls

(a) within the meaning of representative in interest or principal

(b) representative of interest only

(c) representative of principal only

(d) none of above.

30. Remedy of rectification available under section 26 relates to

(a)mistake in expression of contract only

(b)the contract itself i.e. the formation of the contract

(c) matters which were overlooked by the parties

(d) addition of terms in the agreement which was not considered.

31. Mistake contemplated under section 26 is

(a) mutual mistake

(b) bilateral mistake

(c) mistake in framing of the instrument

(d) all the above.

32. Section 26 fixes the time limit for discovery of mistake or fraud to be

(a) six months

(b) three months

(c) 1 year

(d) no time limit is fixed.

33. Remedy of rescission of contract

(a) is the same as specific performance

(b) is opposite of specific performance

(c) does not affect specific performance

(d) makes specific performance easy.

34. Relief of rescission is granted in cases

(a) where the contract is void

(b) where the contract is voidable

(c) both void & voidable contracts

(d) neither void nor voidable contracts.

35. Rescission cannot be granted

(a) where the plaintiff has ratified the contract

(b) where there is a valid contract

(c) where the third party have acquired any interest under the contract

(d) all the above.

36. Rescission cannot be granted

(a) in severeable contracts

(b) where the restitution to original position not possible

(c) contract stands ratified

(d) all the above.

37. Cancellation of instrument can be granted

(a) if the instrument is void or void-able

(b) if the instrument is valid

(c) both (a) & (b)

(d) neither (a) nor (b).

38. Section 31 in its application is

(a) based on protective or preventive justice

(b) restricted to contracts only

(c) restricted to the parties to the contract

(d) mandatory in nature.

39. Cancellation under section 31 can be claimed

(a) by party to the instrument

(b) by any person against whom the instrument is void or voidable

(c) in respect of any instrument not necessarily a contract

(d) all the above.

40. In case of cancellation under section 31 the relief of specific performance

(a) can be supplemented

(b) can be in the alternative

(c) out of question

(d) all the above.

41. Cancellation under section 31 relates to

(a) mistake in expression of any instrument

(b) formation of the instrument

(c) ratification of the instrument

(d) all the above.

42. Under section 33 compensation is payable if

(a) the benefit have been received by the party

(b) the contract is without considera-tion

(c) in both (a) & (b)

(d) neither (a) nor (b).

43. Under section 32 an instrument can be cancelled in part when

(a) it relates to different rights

(b) it relates to different obligations

(c) the part to be cancelled is severable from the rest

(d) all the above.

44. Under section 34, a declaration can be sought by

(a) a stranger who has no interest

(b) a person having a legal character or a right as to property which is denied

(c) a person whose legal character or right to property not denied

(d) all the above.

45. Section 34 sanctions

(a) every type of declaration

(b) only a declaration of a legal character or of a right to property

(c) both (a) & (b)

(d) neither (a) nor (b).

46. Character or right sought to be declared must be

(a) an existing right on the date of the suit or upto the date of decree

(b) legal one

(c) valid one

(d) all the above.

47. Legal character or right under section 34 must be

(a) specific

(b) abstract

(c) contingent

(d) any of the above.

48. Proviso to section 34 relates to

(a) suits for specific performance

(b) suits for declaration

(c) suits for injunctions

(d) all the above.

49. The further relief under section 34 must be

(a) the one available as additional on the date of the suit

(b) the one available after the filing of the suit

(c) the one available as alternative on the date of the suit

(d) the one available as alternative during the pendency of the suit.

50. The objection as to maintainability of suit of declaration without further relief

(a) must be taken at the earliest stage

(b) can be taken at any step of the

proceedings

(c) can be taken for the first time in appeal

(d) all the above.

51. A declaration made is binding on

(a) the parties to the suit

(b) persons claiming through the parties to the suit

(c) where any party is a trustee, in the persons for whom such parties would be trustees

(d) all the above.

52. The grant or refusal of relief of declaration and injunction under the provisions of section 34 is

(a) discretionary

(b) mandatory

(c) prohibitory

(d) none of above.

53. Injunctions cannot be granted in a suit

(a) in which the specific performance cannot be enforced

(b) for breach of negative contract to enforce specific performance

(c) for declaration where the plaintiff is in possession

(d) neither (a) nor (b) nor (c).

54. What is true of temporary injunction

(a) continues until a certain specific time

(b) is permanent between the parties

(c) concludes the right

(d) cannot be granted ex-parte.

55. Which is incorrect of temporary injunctions

(a) continues until a specific time

(b) finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing

(c) can be granted ex-parte

(d) preserves the property in dispute in status quo till the disposal of the suit.

56. The general principles on which the , perpetual injunctions could be granted are contained in

(a) Section 37

(b) Section 38

(c) Section 39

(d) Section 40.

57. What is true of perpetual injunction

(a) it is a judicial process

(b) preventive in nature

(c) the thing prevented is a wrongful act

(d) all the above.

58. Injunction is granted

(a) to prevent torts

(b) to restrain breaches of contracts

(c) both (a) & (b)

(d) neither (a) nor (b).

59. What is true of mandatory injunction

(a) compels performance of certain positive acts

(b) is awarded where the temporary injunction is meaningless

(c) is retrospective in nature as restores things to their former conditions

(d) all the above.

60. Perpetual injunction can be granted under section 38 of the Act

(a) when there exists standard for ascertaining the actual damages caused

(b) when compensation would afford adequate remedy

(c) when it is necessary to prevent multiplicity of proceedings

(d) when the defendant is not a trustee of property for the plaintiff.

61. Perpetual injunction under section 38 can be granted

(a) when there exists no standard for ascertaining the actual damages caused

(b) when compensation would not afford adequate relief

(c) when the defendant is a trustee of the property for the plantiff

(d) all the above.

62. A claim for damages in suits for injunction can be laid

(a) under section 38

(b) under section 39

(c) under section 40

(d) under section 37.

63. Damages in suits for injunctions cannot be granted

(a) if the plaintiff has not claimed damages

(b) if the suit of the plaintiff is dismissed

(c) both (a) & (b)

(d) neither (a) nor (b).

64. Section 10 of the Specific Relief Act, 1963 provides for

(a) the contracts which can be specifically enforced

(b) the contracts which cannot be specifically enforced

(c) both (a) and (b)

(d) neither (a) nor (b).

65. Section 10 of the Specific Relief Act, 1963, applies to

(a) promises which are not completed contracts

(b) completed contracts which are valid in law and capable of enforcement

(c) inchoate agreements

(d) all the above.

66. In cases of specific performance of a contract, the rights of the parties are governed by the principles of

(a) equity

(b) law

(c) equity and law

(d) only equity and not law.

67. Under section 10 of the Specific Relief Act, 1963, which of the following contracts can be specifically enforced

(a) a written agreement whereby the defendant had agreed with the plaintiff to take the lease of a house for a certain term at a certain rent subject to the preparation and approval of a formal contract, no other contract has even been entered into between the parties

(b) an agreement to transfer certain properties subject to sanction by the sanctioning authority

(c) both (a) and (b)

(d) neither (a) nor (b).

68. Specific performance of a contract means

(a) actual execution of the contract according to its stipulation and terms

(b) claim of damages or compensation for the non-execution of the contract

(c) either (a) or (b)

(d) neither (a) nor (b).

69. Jurisdiction of the court to enforce specific performance of a contract is

(a) absolute

(b) discretionary

(c) general & not exceptional

(d) extensive.

70. Specific performance of a contract

(a) will be ordered generally where damages are an adequate remedy

(b) may be ordered where damages are an adequate remedy

(c) will never be ordered if damages are an adequate remedy

(d) may not be ordered if damages are an adequate remedy.

71. In which of the following cases, the specific performance of a contract will not be ordered

(a) where pecuniary compensation would afford adequate relief

(b) where the acts would require continued supervision by the court

(c) where the contract provides for personal affirmative acts or personal service

(d) all the above.

72. Specific performance of contract to build or repair can be ordered

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

(b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages

(c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages

(d) all the above.

73. Section 9 of the Specific Relief Act, 1963 provides for

(a) the grounds on which specific performance of contract can be granted

(b) the defences which a person against whom the relief of specific performance is claimed may plead

(c) the defences which a person against whom the relief of specific performance is claimed cannot plead

(d) the grounds on which specific performance of a contract cannot be granted.

74. Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract

(a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract

(b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract

(c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court

(d) either (b) or (c).

75. An agreement to form a partnership

(a) is enforced as a general rule

(b) is enforced where parties have in part performance of the contract carried on the partnership business

(c) either (a) or (b)

(d) neither (a) nor (b).

76. The propositions are

I. A contract for the sale of a patent can be specifically enforced.

II. A contract to assign a copyright is specifically enforceable.

III. An agreement to form a partnership is specifically enforceable as a general rule.

Which of the following is true in respect of the said propositions

(a) III is correct and I & II are incorrect

(b) III & II are correct and I is incorrect

(c) III & I are correct and II is incorrect

(d) I & II are correct and III is incorrect.

77. Specific performance of a contract can be granted in respect of

(a) immovable property

(b) chattels

(c) immovable property as well as chattels

(d) only (a) and not (b).

78. Rise in value since agreement is

(a) a ground to refuse specific per-formance in case of an agreement to sell immovable property

(b) a ground to refuse specific per-formance in case of an agreement to sell movable property

(c) a ground to refuse specific per-formance in case of an agreement to sell immovable and movable property both

(d) not a ground to refuse specific perĀ­formance in case of an agreement to sell either immovable or movable property. 79. Explanation to section 10 of the Specific Relief Act, 1963, lays down

(a) certain presumptions of fact

(b) certain rebuttable presumptions of law

(c) certain irrebuttable presumptions of law

(d) certain conclusive presumptions.

80. Under section 10 of the Specific Relief Act, 1930, the presumption is that

(a) breach of a contract to transfer immovable property cannot be adequately compensated in money

(b) breach of a contract to transfer movable property cannot be adequately compensated in money

(c) breach of a contract to transfer immovable property can be adequately compensated in money

(d) both (a) and (b).

81. Section 11 of the Specific Relief Act, 1930 provides for

(a) specific performance of a part of the contract

(b) defences respecting suits for relief based on contract

(c) specific performance of contracts connected with trusts

(d) circumstances in which specific performance of a contract is enforceable.

82. Section 11 of the Specific Relief Act, 1930 applies where

(a) the relief claimed partakes the nature of

the specific performance

(b) the enforcement of an obligation is in the

nature of trust

(c) both (a) and (b)

(d) either (a) or (b).

83. A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of the Specific Relief Act, 1963 is

(a) specifically enforceable at the instance of the trustee

(b) specifically enforceable at the instance of the second party

(c) specifically enforceable either at the instances of the trustee or at the instance of a second party

(d) not specifically enforceable.

84. Specific performance of a part of the contract, has been dealt with under

(a) section 12 of the Specific Relief Act, 1963

(b) section 10 of the Specific Relief Act, 1963

(c) section 11 of the Specific Relief Act, 1963

(d) section 9 of the Specific Relief Act, 1963.

85. Under section 12 of the Specific Relief Act, 1963, the general rule is that

(a) the specific performance of a part of the contract can be granted

(b) the specific performance of a part of the contract shall not be granted

(c) the specific performance of a part of the contract may not be granted

(d) a contract can be performed in piecemeal.

86. Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract

(a) where the part left unperformed bears only a small portion of the whole in value and admits of compensation in money

(b) where the part left unperformed is a substantial portion of the whole in value and admits of compensation in money

(c) where the part left unperformed is a small portion of the whole in subject matter and does not admit a compensation in money

(d) both (a) and (b).

87. Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by

(a) the promisor

(b) the promisee

(c) either the promisor or the promisee

(d) only promisor and not the promisee.

88. Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is

(a) small

(b) considerable

(c) inconsiderable

(d) either (a) or (b) or (c).

89. For section 12(4) of the Specific Relief Act, 1963, to apply

(a) the parts of the contract must be divisible

(b) the part that can be specifically enforced is independent and separate from the other part

(c) both (a) and (b)

(d) neither (a) nor (b).

90. Contracts not specifically enforceable have been enumerated in

(a) section 14 of the Specific Relief Act, 1963

(b) section 13 of the Specific Relief Act, 1963

(c) section 12 of the Specific Relief Act, 1963

(d) section 11 of the Specific Relief Act, 1963.

91. Preventive relief is granted by the court, under section 36 of the Specific Relief Act, 1963

(a) by declarations

(b) by specific performance

(c) by injunctions

(d) either (a) or (b) or (c).

92. Section 36 of the Specific Relief Act, 1963, classifies injunction into

(a) two

(b) three

(c) four

(d) five.

93. Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted

(a) during the pendency of a suit

(b) by the decree

(c) both (a) and (b)

(d) either (a) or (b).

94. An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act, 1963 is known as a

(a) perpetual injunction

(b) mandatory injunction

(c) temporary injunction

(d) either (a) or,(c).

95. Under section 37 of the Specific Relief Act, 1963, a temporary injunction can be granted

(a) on or before the settlement of issues

(b) before the conclusion of plaintiff's evidence

(c) before the conclusion of defendant's evidence

(d) at any stage of the suit.

96. Grant of temporary injunctions by virtue of section 37 of the Specific Relief Act, 1963, is regulated by

(a) the Code of Civil Procedure, 1908

(b) the Indian Contract Act, 1872

(c) the Transfer of Property Act, 1882

(d) all the above.

97. The circumstances under which a perpetual injunction can be granted have been enumerated under

(a) section 36 of the Specific Relief Act, 1963

(b) section 37 of the Specific Relief Act, 1963

(c) section 38 of the Specific Relief Act, 1963

(d) section 39 of the Specific Relief Act, 1963.

98. On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of

(a) contracts

(b) torts

(c) both (a) and (b)

(d) only (a) and not (b).

99. The principle of qua timet means

(a) some future probable injury to the rights or interests of a person

(b) some past injury to the rights or interests of a person

(c) some past injury to the rights or interests of a person requires

(d) some small injury capable of being estimated in money.

100. Grant of a mandatory injunction is regulated by

(a) section 38 of the Specific Relief Act, 1963 ;

(b) section 39 of the Specific Relief Act, 1963

(c) section 40 of the Specific Relief Act, 1963 .

(d) section 41 of the Specific Relief Act, 1963.