Multiple Choice Questions: The Specific Relief Act, 1963
- Which of the following remedies is not provided under the Specific Relief Act, 1963?
a) Recovery of possession of property
b) Injunction
c) Compensation for breach of contract
d) Specific performance of contract
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Answer: c) Compensation for breach of contract
Explanation: The Specific Relief Act, 1963 primarily provides equitable remedies such as specific performance, recovery of possession, and injunction. Compensation for breach of contract is covered under the Indian Contract Act, 1872.
- Under the Specific Relief Act, who can file a suit for specific performance of a contract?
a) Any party interested in the contract
b) Only the party in default
c) Only the aggrieved party
d) Any third party
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Answer: c) Only the aggrieved party
Explanation: Under Section 10 of the Specific Relief Act, 1963, only the aggrieved party, i.e., the one who has suffered due to non-performance of a contract, is eligible to file a suit for specific performance.
- Which section of the Specific Relief Act, 1963 deals with the rectification of instruments?
a) Section 26
b) Section 16
c) Section 20
d) Section 15
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Answer: a) Section 26
Explanation: Section 26 of the Specific Relief Act, 1963 allows for rectification of instruments if there is a mutual mistake of the parties in the document or instrument.
- The Specific Relief Act, 1963 does not apply to which of the following contracts?
a) Personal service contracts
b) Contracts involving immovable property
c) Contracts related to trusts
d) Contracts concerning business transactions
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Answer: a) Personal service contracts
Explanation: Contracts involving personal services cannot be specifically enforced under Section 14 of the Act, as it would amount to forcing someone to perform personal obligations against their will.
- Under which provision of the Specific Relief Act can a declaratory decree be granted?
a) Section 34
b) Section 31
c) Section 28
d) Section 36
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Answer: a) Section 34
Explanation: Section 34 of the Specific Relief Act, 1963 allows a declaratory decree to be granted when a person entitled to any legal character or right seeks a declaration from the court.
- When can a court refuse specific performance of a contract under the Specific Relief Act, 1963?
a) When monetary compensation is not an adequate remedy
b) When the contract involves personal skill
c) When the subject matter is unique
d) When the contract involves immovable property
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Answer: b) When the contract involves personal skill
Explanation: Under Section 14 of the Act, specific performance cannot be enforced if the contract depends on the personal skills or qualifications of a party, as it cannot be effectively supervised by the court.
- Which of the following is an example of a perpetual injunction under the Act?
a) To prevent the breach of an obligation permanently
b) To restrain a party temporarily
c) To mandate specific performance
d) To claim damages for breach of contract
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Answer: a) To prevent the breach of an obligation permanently
Explanation: A perpetual injunction is granted under Section 38 of the Specific Relief Act to permanently restrain a party from committing an act that would breach the obligation owed to the plaintiff.
- Under which section can the performance of a trust be specifically enforced?
a) Section 12
b) Section 11
c) Section 21
d) Section 13
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Answer: b) Section 11
Explanation: Section 11 of the Specific Relief Act, 1963 provides that specific performance of a trust can be enforced when the trustee fails to fulfill obligations as per the terms of the trust.
- What is the limitation period for filing a suit for specific performance of a contract under the Limitation Act, 1963?
a) 1 year
b) 3 years
c) 5 years
d) 10 years
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Answer: b) 3 years
Explanation: The Limitation Act, 1963 prescribes a period of three years for filing a suit for specific performance of a contract from the date when the performance becomes due.
- Under which section does the Act allow rescission of a contract?
a) Section 28
b) Section 27
c) Section 29
d) Section 22
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Answer: a) Section 28
Explanation: Section 28 of the Specific Relief Act, 1963 provides for the rescission of a contract if the court finds that the contract cannot or should not be specifically enforced.
- Which of the following principles is the basis of granting relief under the Specific Relief Act, 1963?
a) Relief is available only when damages are inadequate
b) Relief is available in all civil cases
c) Relief is available for all kinds of contracts
d) Relief is granted solely based on financial loss
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Answer: a) Relief is available only when damages are inadequate
Explanation: The Specific Relief Act, 1963 operates on the principle that specific relief is granted only when monetary compensation is inadequate to meet the ends of justice.
- Under which section can preventive relief be granted in the form of injunctions?
a) Section 36
b) Section 41
c) Section 39
d) Section 38
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Answer: a) Section 36
Explanation: Section 36 of the Act provides for preventive relief through injunctions, which can either be temporary or perpetual, to restrain a party from performing a specific act.
- In what case will a temporary injunction be granted under the Act?
a) To restrain an act that is already complete
b) When there is an urgent need to prevent harm before the case is decided
c) To enforce performance of a personal service contract
d) To permanently resolve disputes between parties
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Answer: b) When there is an urgent need to prevent harm before the case is decided
Explanation: Temporary injunctions are granted under Section 37 of the Act to prevent irreparable harm to the rights of a party until the court issues a final judgment.
- What does Section 14(3) of the Specific Relief Act, 1963 specify?
a) Contracts not specifically enforceable
b) Contracts involving trustees and beneficiaries
c) Enforcement of contracts for personal service
d) Rescission of voidable contracts
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Answer: b) Contracts involving trustees and beneficiaries
Explanation: Section 14(3) deals with contracts related to trust obligations, allowing enforcement when the contract pertains to the performance of trust duties.
- What is the primary objective of the Specific Relief Act, 1963?
a) To grant criminal remedies
b) To grant compensatory damages for breach of contract
c) To provide equitable remedies in specific cases
d) To enforce all contracts strictly
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Answer: c) To provide equitable remedies in specific cases
Explanation: The Act primarily aims to provide equitable remedies, such as specific performance, injunctions, and rectifications, in cases where compensation is inadequate.
- Which section of the Act prohibits the grant of injunctions in certain cases?
a) Section 42
b) Section 41
c) Section 39
d) Section 43
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Answer: b) Section 41
Explanation: Section 41 lists situations where injunctions cannot be granted, such as to restrain proceedings in a court not subordinate to the granting court or to prevent breaches of contracts involving personal service.
- Which of the following conditions must be satisfied for a court to grant specific performance of a contract?
a) The terms of the contract must be uncertain
b) The contract involves personal skill
c) There must be no adequate remedy in damages
d) The plaintiff must have failed in their obligations
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Answer: c) There must be no adequate remedy in damages
Explanation: Specific performance is granted only when monetary damages are inadequate to compensate the aggrieved party, and the contract is capable of being enforced.
- Under the Act, in what circumstance is a contract considered “impossible to enforce”?
a) If the subject matter involves immovable property
b) If it involves the performance of unlawful acts
c) If monetary compensation is also possible
d) If both parties agree to perform it
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Answer: b) If it involves the performance of unlawful acts
Explanation: A contract involving unlawful acts is considered void and impossible to enforce under Section 14 of the Act.
- When can the rectification of an instrument be refused under Section 26?
a) When the document is ambiguous
b) When there is no mutual consent for rectification
c) When the court does not find a mistake
d) Both b and c
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Answer: d) Both b and c
Explanation: Rectification is refused when mutual consent for the rectification is absent or when the court does not identify a mistake in the instrument.
- Which of the following is not an equitable remedy under the Specific Relief Act, 1963?
a) Rectification of documents
b) Recovery of possession
c) Injunctions
d) Punishment for breach of contract
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Answer: d) Punishment for breach of contract
Explanation: The Act deals with equitable remedies and does not provide for punitive measures like punishment, which is the domain of criminal law.