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Specific Relief Act and Limitation Act Test - 1

Description: Specific Relief Act and Limitation Act Test 1
Number of Questions: 15
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Tags: Specific Relief Act and Limitation Act Test 1 Specific Relief and Limitation law
Attempted 0/15 Correct 0 Score 0

A suit for possession under Section 5 of the Specific Relief Act can be filed within

  1. 3 years

  2. 6 years

  3. 9 years

  4. 12 years


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision has been laid down in the Act. Option (2) is incorrect: No such provision has been laid down in the Act. Option (3) is incorrect: No such provision has been laid down in the Act. Option (4) is correct: A suit for possession under Section 5 of the Specific Relief Act can be filed within 12 years.

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

  1. only in respect to a movable property

  2. only in respect to an immovable property

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (2) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (3) is correct: Under the Specific Relief Act, a suit for recovery of possession of immovable property and movable property can be filed under Section 5 and Section 7, respectively.

Section 26 of the Specific Relief Act fixes the time limit for the discovery of mistake or fraud to be

  1. six months

  2. three months

  3. one year

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: No such time limit has been provided under Section 26. Option (2) is incorrect: No such time limit has been provided under Section 26. Option (3) is incorrect: No such time limit has been provided under Section 26. Option (4) is correct: Section 26 of the Act doesn’t provide any time limit for the discovery of mistake or fraud.

Part III of the Specific Relief Act, 1963 deals with

  1. specific relief

  2. declaratory decrees

  3. preventive relief

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Part II of the Specific Relief Act, 1963 deals with specific relief. Option (2) is incorrect: Part II, Chapter VI of the Specific Relief Act, 1963 deals with declaratory decrees. Option (3) is correct: Part III of the Specific Relief Act, 1963 deals with preventive relief. Option (4) is incorrect: None of the above provisions.

The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in

  1. Section 37

  2. Section 38

  3. Section 39

  4. Section 40


Correct Option: B
Explanation:

Option (1) is incorrect: Section 37 of the Specific Relief Act talks about temporary and perpetual injunctions. Option (2) is correct: Section 38 of the Act deals with perpetual injunctions when granted. Option (3) is incorrect: Section 39 of the Act deals with mandatory injunctions. Option (4) is incorrect: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction.

Under Section 6(2)(a) of the Specific Relief Act, 1963, no suit shall be brought after expiry of a period of _______ from the date of dispossession.

  1. 6 months

  2. 1 year

  3. 2 years

  4. 3 years


Correct Option: A
Explanation:

Option (1) is correct: Under Section 6(2)(a) of the Act, no suit shall be brought after expiry six months from the date of dispossession. Option (2) is incorrect: No such provision  Option (3) is incorrect: No such provision  Option (4) is incorrect: No such provision 

Which section of the Specific Relief Act deals with 'contracts not specifically enforceable'?

  1. Section 9

  2. Section 14

  3. Section 11

  4. Section 10


Correct Option: B
Explanation:

Option (1) is incorrect: Section 9 of Specific Relief Act provides for defense respecting suits for relief based on contract. Option (2) is correct: Section 14 of Specific Relief Act deals with 'contracts not specifically enforceable'. Option (3) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (4) is incorrect: Section 10 of Specific Relief Act deals with cases in which specific performance of contract is enforceable.

The provisions regarding 'specific performance of part of contract' are contained under the Specific Relief Act in

  1. Section 11

  2. Section 12

  3. Section 13

  4. Section 14


Correct Option: B
Explanation:

Option (1) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (2) is correct: Section 12 of Specific Relief Act deals with specific performance of part of contract. Option (3) is incorrect: Section 13 of Specific Relief Act deals with rights of purchaser or lessee against person with no title or imperfect title. Option (4) is incorrect: Section 14 of Specific Relief Act deals with contracts not specifically enforceable.

Section 26 of the Specific Relief Act contains the provision regarding

  1. declaratory decrees

  2. mandatory injunction

  3. rectification of instruments

  4. rescission of contracts


Correct Option: C
Explanation:

Option (1) is incorrect: Chapter VI of the Specific Relief Act deals with declaratory decrees. Option (2) is incorrect: Provisions for mandatory injunctions are provided u/s 39. Option (3) is correct: Section 26 of Specific Relief Act provides when instruments may be rectified. Option (4) is incorrect: Provisions for rescission of contracts are provided u/s 27.

The word expressions used but not defined in the Specific Relief Act, 1963 have the same meaning as defined in the

  1. Indian Contract Act, 1872, if defined in that Act

  2. Transfer of Property Act, 1882, if defined in that Act

  3. Sale of Goods Act, 1930, if defined in that Act

  4. Indian Evidence Act, 1872, if defined in that Act


Correct Option: A
Explanation:

Option (1) is correct: The words and expressions used herein, but not defined in the Specific Relief Act, 1963  and defined in the Indian Contract Act, 1872, have the meanings respectively assigned to them in that Act. Option (2) is incorrect: No such provision in the act. Option (3) is incorrect: No such provision in the act. Option (4) is incorrect: No such provision in the act.

Section 11 of the Specific Relief Act, 1930 provides for

  1. specific performance of a part of the contract

  2. defence respecting suits for relief based on contract

  3. specific performance of contracts connected with trusts

  4. circumstances in which specific performance of a contract is enforceable


Correct Option: C
Explanation:

Option (1) is incorrect: Section 12 of Specific Relief Act provides for specific performance of part of contract. Option (2) is incorrect: Section 9 of Specific Relief Act provides for defence respecting suits for relief based on contract. Option (3) is correct: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (4) is incorrect: Section 10 of Specific Relief Act deals with cases in which specific performance of contract is enforceable.

Obligation under Specific Relief Act

  1. is a right in rem

  2. is a right in personam

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: It is not a right in rem. Option (2) is correct: Obligation under Specific Relief Act is a right in person, i.e. it is an obligation to the parties of suit. Option (3) is incorrect: Only (2) Option (4) is incorrect: Only (2)

A claim for damages in suit for injunction can be laid down under ________ of the Specific Relief Act.

  1. Section 38

  2. Section 39

  3. Section 40

  4. Section 37


Correct Option: C
Explanation:

Option (1) is incorrect: Section 38 of the Act deals with perpetual injunctions when granted. Option (2) is incorrect: Section 39 of the Act deals with mandatory injunctions. Option (3) is correct: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction. Option (4) is incorrect: Section 37 of the Specific Relief Act talks about temporary and perpetual injunctions.

Under the Specific Relief Act, a declaratory decree can

  1. be declined

  2. not be declined

  3. be commuted

  4. be withheld


Correct Option: A
Explanation:

Option (1) is correct: U/s 34 of the Act, the words are used “the court may in its discretion make therein a declaration”, so the court can decline a declaratory decree. Option (2) is incorrect: Court can decline a declaratory decree. Option (3) is incorrect: Court cannot commute a declaratory decree. Option (4) is incorrect: Declaratory decree cannot be withheld u/s 34.

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

  1. the promisor

  2. the promisee

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: U/s 12(2), the court may, at the suit of either party, direct the specific performance of so much of the contract to the promisor. Option (2) is incorrect: Promise cannot be directed to perform the part which is left unperformed. Option (3) is incorrect: Can be performed by only the promisee Option (4) is incorrect: Option (1) is correct.

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