Multiple Choice Questions: The Specific Relief Act, 1963 (Continued)
- Under Section 20 of the Specific Relief Act, 1963, the court has discretion to grant specific performance. What does this discretion depend on?
a) The financial status of the plaintiff
b) The fairness and equity of the situation
c) The willingness of the defendant to perform
d) The complexity of the contract
- What type of injunction can be granted to prevent the alienation of property during a pending case?
a) Permanent injunction
b) Mandatory injunction
c) Temporary injunction
d) Declaratory injunction
- Under which section can the cancellation of a written document be sought if it is void or voidable?
a) Section 27
b) Section 31
c) Section 34
d) Section 36
- Which of the following is an essential condition for the grant of a mandatory injunction?
a) Breach of a contractual obligation
b) An act causing a temporary inconvenience
c) Compelling a party to perform a positive act
d) Damages being an adequate remedy
- Under Section 38, when can a perpetual injunction be granted?
a) To prevent a party from continuing a breach of obligation
b) To address past breaches of obligations
c) To substitute for monetary damages
d) To enforce specific performance of personal service contracts
- Which of the following contracts is not specifically enforceable under the Specific Relief Act, 1963?
a) Contracts involving immovable property
b) Contracts requiring personal qualifications
c) Contracts made by trustees in excess of their authority
d) Contracts related to fiduciary obligations
- What remedy does Section 40 of the Specific Relief Act provide?
a) Compensation in addition to or in substitution of specific performance
b) Rescission of contracts
c) Temporary injunctions
d) Rectification of instruments
- Under Section 41, which of the following is not a ground for refusing an injunction?
a) To restrain any act by a trustee
b) To prevent the continuation of a lawful act
c) To interfere with public duties
d) To compel the performance of a personal service contract
- Which section deals with the enforcement of public duties through mandatory injunctions?
a) Section 37
b) Section 39
c) Section 38
d) Section 42
- What is the primary distinction between temporary and perpetual injunctions?
a) Temporary injunctions require court discretion; perpetual injunctions do not
b) Temporary injunctions are limited to specific contracts; perpetual injunctions are not
c) Temporary injunctions last until the case is resolved; perpetual injunctions are granted as a final judgment
d) Temporary injunctions apply to immovable property only; perpetual injunctions apply to all properties
- Under Section 6, who can file a suit for possession of immovable property?
a) Only the owner of the property
b) Any person dispossessed without due process of law
c) Only a tenant in lawful possession
d) Only the government
- What is the effect of the court’s refusal to grant specific performance under the Act?
a) The contract becomes void
b) The plaintiff is barred from claiming any other relief
c) The plaintiff may still claim compensation or other remedies
d) The defendant is freed from all obligations
- What is the purpose of declaratory decrees under Section 34?
a) To award compensation for damages
b) To declare the rights of parties without providing immediate relief
c) To enforce the execution of contracts
d) To compel specific performance of obligations
- What remedy is provided under Section 27 of the Specific Relief Act?
a) Enforcement of a contract
b) Injunction against breach of contract
c) Rescission of contracts induced by fraud or undue influence
d) Rectification of mutual mistakes
- Which of the following cannot be enforced under the provisions of the Specific Relief Act, 1963?
a) A contract that is uncertain in its terms
b) A contract involving fiduciary obligations
c) A contract related to immovable property
d) A contract involving mutual promises
- Which section of the Act allows the appointment of a receiver in specific cases?
a) Section 44
b) Section 42
c) Section 41
d) Section 45
- When can the court refuse to rectify an instrument under Section 26?
a) When the mistake was unilateral
b) When the mistake was mutual
c) When the parties agree to rectify
d) When the instrument involves a minor
- What is the primary difference between a mandatory injunction and a preventive injunction?
a) Mandatory injunctions stop an action; preventive injunctions compel an action
b) Mandatory injunctions are temporary; preventive injunctions are perpetual
c) Mandatory injunctions compel an action; preventive injunctions stop an action
d) Mandatory injunctions apply only to government contracts
- Which section of the Specific Relief Act specifies that an injunction cannot be granted to prevent a lawful act?
a) Section 36
b) Section 41
c) Section 38
d) Section 39
- Under Section 15, who is entitled to seek specific performance of a contract?
a) Only the promisor
b) Only the promisee or their legal representative
c) Any party who benefits from the contract
d) The government