20 MCQs (41–60) from the Specific Relief Act, 1963 for judiciary exam preparation:Part 3

 20 MCQs (41–60) from the Specific Relief Act, 1963 for judiciary exam preparation : Part 3

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MCQs – Specific Relief Act, 1963 (41–60)

41. Which section allows the rectification of an instrument?
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 28
Answer: (b)

42. Under Section 26, rectification is allowed when:
(a) Court order exists
(b) Contract is unenforceable
(c) There is mutual mistake or fraud
(d) Consideration fails
Answer: (c)

43. A contract in writing may be rectified and then:
(a) Cancelled
(b) Modified orally
(c) Specifically enforced
(d) Exempted from stamp duty
Answer: (c)

44. Court may refuse to rescind a contract if:
(a) Ratified expressly or impliedly
(b) It is illegal
(c) It is void ab initio
(d) Consideration is inadequate
Answer: (a)

45. Relief of rescission in specific performance decree is covered under:
(a) Section 25
(b) Section 27
(c) Section 28
(d) Section 30
Answer: (c)

46. Section 29 allows alternative prayer for:
(a) Injunction
(b) Damages
(c) Declaration
(d) Rescission
Answer: (d)

47. Cancellation of instrument can be ordered if it is:
(a) Executed under duress
(b) Registered
(c) Void or voidable
(d) Signed before witnesses
Answer: (c)

48. Which section deals with partial cancellation of an instrument?
(a) Section 30
(b) Section 32
(c) Section 34
(d) Section 36
Answer: (b)

49. Declaration is binding on:
(a) General public
(b) State
(c) Parties to the suit and their successors
(d) None
Answer: (c)

50. Preventive relief is granted in the form of:
(a) Compensation
(b) Rescission
(c) Injunction
(d) Award
Answer: (c)

51. Section 37 classifies injunctions into:
(a) Permanent and temporary
(b) Criminal and civil
(c) Absolute and conditional
(d) Oral and written
Answer: (a)

52. Perpetual injunction is granted:
(a) By police order
(b) By interim order
(c) By decree after trial
(d) Ex parte
Answer: (c)

53. When does court grant a mandatory injunction?
(a) When declaration is denied
(b) When it is necessary to compel a performance
(c) Only when damages are refused
(d) Always in property disputes
Answer: (b)

54. Under Section 40, damages can be awarded:
(a) Only before suit
(b) Before final hearing
(c) In addition to or in substitution of injunction
(d) Only after court consent
Answer: (c)

55. An injunction will not be granted to:
(a) Restrain criminal proceedings
(b) Stop breach of trust
(c) Enforce civil right
(d) Stop infringement
Answer: (a)

56. Section 41 lists:
(a) Types of injunction
(b) Situations when injunction is refused
(c) Time limit for filing suit
(d) When contract is voidable
Answer: (b)

57. Negative agreements are enforced under Section:
(a) 40
(b) 39
(c) 42
(d) 38
Answer: (c)

58. When is injunction refused?
(a) When there's personal interest
(b) When plaintiff has no interest
(c) When it’s a civil case
(d) When contract is enforceable
Answer: (b)

59. Specific Relief Act does NOT apply to:
(a) Penal laws
(b) Trusts
(c) Immovable property
(d) Civil rights
Answer: (a)

60. Declaratory decree is granted when:
(a) Court wants to punish
(b) Only damages are asked
(c) Legal character is denied
(d) Contract is void
Answer: (c)

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