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SRA MCQs Set-3
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1. Compensation under Section 21 shall not be awarded unless:
a. Court orders it
b. Plaintiff claims it in plaint
c. Government approves
d. Defendant consents
2. If compensation is not claimed in the plaint:
a. Court must dismiss suit
b. Court may allow amendment of plaint
c. Plaintiff loses right permanently
d. Appeal required
3. The amendment of plaint to claim compensation may be allowed:
a. At filing stage only
b. At any stage of proceedings
c. Only after decree
d. Only before trial
4. The court may allow amendment of plaint:
a. On just terms
b. Without conditions
c. Only with government approval
d. Only with defendant’s consent
5. Section 21 recognizes that:
a. Specific performance and compensation can coexist
b. Only damages can be granted
c. Only injunction can be granted
d. Only restitution allowed
6. The explanation to Section 21 clarifies that:
a. Contract must always be enforceable
b. Incapability of specific performance bars compensation
c. Incapability of specific performance does not bar compensation
d. Contract becomes void
7. Even if the contract becomes incapable of specific performance:
a. Compensation cannot be awarded
b. Court may still award compensation
c. Suit must be dismissed
d. Arbitration required
8. Section 22 of the Specific Relief Act deals with:
a. Preventive relief
b. Rectification of instruments
c. Power to grant relief for possession, partition and refund of earnest money
d. Declaratory relief
9. Section 22 applies in suits for:
a. Damages only
b. Specific performance of contract for transfer of immovable property
c. Criminal liability
d. Arbitration disputes
10. Section 22 begins with the phrase:
a. Subject to the Constitution
b. Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908
c. Without prejudice to Contract Act
d. As provided under CPC
11. In a suit for specific performance, the plaintiff may also claim:
a. Possession of property
b. Partition and separate possession
c. Refund of earnest money
d. All of the above
12. Under Section 22(1)(a), the plaintiff may ask for:
a. Possession
b. Partition and separate possession
c. Both (a) and (b)
d. Damages only
13. The relief of possession under Section 22 can be claimed:
a. Independently
b. In addition to specific performance
c. Only after decree
d. Only by appeal
14. Partition and separate possession may be claimed:
a. Along with specific performance
b. Only in partition suits
c. Only after execution
d. Only before filing suit
15. Section 22(1)(b) allows claim for:
a. Refund of earnest money or deposit
b. Criminal damages
c. Interest only
d. Penalty only
16. Refund of earnest money may be granted when:
a. Specific performance is granted
b. Specific performance is refused
c. Contract is void
d. Property is sold
17. Earnest money refers to:
a. Security deposit
b. Advance payment made under contract
c. Court fees
d. Stamp duty
18. The court shall not grant relief under Section 22 unless:
a. Government approves
b. Defendant agrees
c. It is specifically claimed
d. High Court orders
19. Relief of possession or refund must be:
a. Implied
b. Specifically claimed in the plaint
c. Claimed orally
d. Claimed during evidence
20. If such relief is not claimed in the plaint:
a. Suit must be dismissed
b. Court may allow amendment
c. Appeal required
d. Arbitration necessary
21. Amendment of plaint may be allowed:
a. Only before trial
b. At any stage of the proceedings
c. Only after decree
d. Only before filing suit
22. Amendment is allowed:
a. On just terms
b. Without conditions
c. Only by High Court
d. Only by government
23. Section 22(3) states that the court's power under clause (b) is:
a. Absolute
b. Without prejudice to power under Section 21
c. Subject to CPC
d. Subject to Transfer of Property Act
24. Section 21 deals with:
a. Injunction
b. Compensation in certain cases
c. Rectification
d. Cancellation of instruments
25. Relief under Section 22 does not affect:
a. Criminal liability
b. Power to award compensation under Section 21
c. Arbitration jurisdiction
d. Property rights
26. Section 22 ensures that:
a. Multiple related reliefs can be granted in one suit
b. Separate suits must be filed
c. Criminal liability arises
d. Contract becomes void
27. Section 22 aims to avoid:
a. Delay in litigation
b. Multiplicity of suits
c. Contract enforcement
d. Property transfer
28. Section 23 of the Specific Relief Act deals with:
a. Preventive relief
b. Rectification of instruments
c. Liquidation of damages not a bar to specific performance
d. Declaratory relief
29. Section 23 applies when:
a. Contract contains a sum payable for breach
b. Contract is void
c. Contract is illegal
d. Property is transferred
30. According to Section 23, specific performance may be granted even if:
a. Contract contains a penalty clause
b. Contract mentions damages payable for breach
c. Both (a) and (b)
d. None of the above
31. Section 23 states that naming a sum in a contract for breach:
a. Bars specific performance
b. Automatically results in damages only
c. Does not necessarily bar specific performance
d. Makes contract void
32. A contract may be specifically enforced even if:
a. Liquidated damages are specified
b. Penalty clause exists
c. Sum payable on breach is mentioned
d. All of the above
33. The court must examine:
a. Terms of the contract
b. Attending circumstances
c. Intention of the parties
d. All of the above
34. Specific performance may be granted if the court is satisfied that the sum was meant:
a. As compensation only
b. As security for performance
c. As substitute for performance
d. As penalty for court
35. If the sum was intended only to secure performance:
a. Specific performance may be granted
b. Suit must fail
c. Contract becomes void
d. Arbitration required
36. If the sum was intended as an option to pay money instead of performance:
a. Specific performance will be granted
b. Specific performance may be refused
c. Contract becomes void
d. Criminal liability arises
37. The court determines the purpose of the sum by considering:
a. Contract terms
b. Surrounding circumstances
c. Intention of parties
d. All of the above
38. Even if the defaulting party is willing to pay the sum named:
a. Specific performance must be refused
b. Specific performance may still be granted
c. Suit must fail
d. Contract becomes void
39. The willingness of the defaulting party to pay damages:
a. Automatically bars specific performance
b. Is irrelevant to specific performance
c. Does not necessarily bar specific performance
d. Cancels the contract
40. When specific performance is granted under Section 23:
a. Damages must also be paid
b. Court cannot also decree payment of the sum named
c. Both damages and performance granted
d. Arbitration required
41. Section 23(2) prevents:
a. Double recovery
b. Arbitration
c. Criminal prosecution
d. Property transfer
42. When the court enforces specific performance:
a. It must also grant penalty
b. It shall not decree payment of the sum named
c. It must cancel the contract
d. It must award compensation
43. Section 23 reflects the principle that:
a. Penalty clause bars performance
b. Damages clause does not necessarily replace performance
c. Contracts must always be cancelled
d. Only damages are allowed
44. The main object of Section 23 is to:
a. Prevent enforcement of contracts
b. Ensure contractual obligations are fulfilled
c. Cancel penalty clauses
d. Promote arbitration
45. The court's satisfaction under Section 23 depends upon:
a. Evidence and circumstances
b. Police investigation
c. Government approval
d. Arbitration award
46. Section 23 ensures that:
a. Contract breakers can avoid performance
b. Performance of contract is encouraged
c. Contracts automatically terminate
d. Arbitration becomes compulsory
47. Section 23 mainly applies to:
a. Contracts capable of specific performance
b. Void agreements
c. Illegal agreements
d. Criminal agreements
48. Section 24 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Bar of suit for compensation after dismissal of suit for specific performance
c. Preventive relief
d. Declaratory relief
49. Section 24 applies when:
a. Contract is void
b. Suit for specific performance is dismissed
c. Arbitration fails
d. Property is transferred
50. According to Section 24, dismissal of a suit for specific performance bars:
a. Suit for possession
b. Suit for compensation for breach of contract
c. Suit for injunction
d. Suit for declaration
51. The bar under Section 24 applies when:
a. Specific performance suit is decreed
b. Specific performance suit is dismissed
c. Contract is executed
d. Arbitration award passed
52. Section 24 prevents the plaintiff from filing:
a. A fresh suit for compensation for breach
b. Appeal against decree
c. Revision petition
d. Criminal complaint
53. The dismissal of a suit for specific performance bars compensation for:
a. Entire contract
b. Breach of the same contract
c. Future contracts
d. Separate agreements
54. Section 24 applies to dismissal of suit for:
a. Entire contract
b. Part of the contract
c. Both (a) and (b)
d. None of the above
55. When the suit for specific performance of part of a contract is dismissed:
a. Compensation for that part is barred
b. Compensation for entire contract is barred
c. No bar applies
d. Arbitration required
56. Section 24 provides that dismissal of suit does not bar:
a. Any other relief arising from breach
b. Criminal action
c. Government proceedings
d. Arbitration proceedings
57. Even after dismissal of suit for specific performance, the plaintiff may still sue for:
a. Other relief to which he is entitled
b. Same compensation claim
c. Appeal against contract
d. Criminal damages
58. The expression “other relief” may include:
a. Possession
b. Declaration
c. Injunction
d. All of the above depending on circumstances
59. Section 25 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Application of preceding sections to certain awards and testamentary directions
c. Preventive relief
d. Cancellation of instruments
60. Section 25 extends the provisions of the chapter relating to:
a. Contracts
b. Torts
c. Property
d. Criminal law
61. Section 25 makes provisions relating to contracts applicable to:
a. Certain awards
b. Testamentary directions
c. Both (a) and (b)
d. Arbitration awards only
62. Section 25 applies to awards to which:
a. Arbitration Act, 1940 applies
b. Arbitration and Conciliation Act, 1996 does not apply
c. CPC applies
d. Evidence Act applies
63. The statute referred to in Section 25 is:
a. Indian Contract Act, 1872
b. Arbitration and Conciliation Act, 1996
c. Code of Civil Procedure, 1908
d. Transfer of Property Act, 1882
64. Section 26 of the Specific Relief Act deals with:
a. Cancellation of instruments
b. Rectification of instruments
c. Preventive relief
d. Declaratory relief
65. Rectification under Section 26 is allowed when:
a. Contract is void
b. Written instrument does not express real intention of parties
c. Contract is oral
d. Contract is illegal
66. An instrument may be rectified when it fails to express real intention due to:
a. Fraud
b. Mutual mistake
c. Both (a) and (b)
d. Negligence only
67. Rectification applies to:
a. Written instruments
b. Oral agreements
c. Criminal judgments
d. Administrative orders
68. Section 26 excludes:
a. Sale deeds
b. Lease deeds
c. Articles of Association of a company governed by Companies Act
d. Partnership deeds
69. Who may institute a suit for rectification?
a. Either party to the instrument
b. Representative in interest
c. Both (a) and (b)
d. Only government
70. Under Section 26(1)(a), rectification may be sought by:
a. Either party to the contract
b. Third party only
c. Court itself
d. Arbitrator
71. A representative in interest may include:
a. Legal heir
b. Assignee
c. Successor in title
d. All of the above
72. A plaintiff may claim rectification:
a. Only through separate suit
b. In a suit where rights under instrument are in issue
c. Only before contract execution
d. Only before arbitration
73. Rectification may be claimed in:
a. Pleadings
b. Evidence
c. Appeal only
d. Execution proceedings
74. A defendant in such suit may:
a. Only deny claim
b. Ask for rectification as defence
c. File criminal complaint
d. Seek arbitration
75. A defendant asking for rectification does so:
a. Instead of defence
b. In addition to other defences
c. Only after decree
d. Only before filing written statement
76. The court may rectify the instrument if it finds:
a. Fraud or mistake
b. Misrepresentation only
c. Coercion only
d. Illegality
77. The power of rectification under Section 26 is:
a. Mandatory
b. Discretionary
c. Criminal
d. Administrative
78. Rectification means:
a. Cancelling instrument
b. Correcting written instrument to reflect real intention
c. Declaring instrument void
d. Executing new contract
79. Rectification cannot prejudice rights of:
a. Parties to contract
b. Third persons acting in good faith for value
c. Government
d. Arbitrator
80. Section 27 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Rescission of contracts
c. Cancellation of instruments
d. Preventive relief
81. Rescission of a contract means:
a. Enforcement of contract
b. Cancellation of contract and restoration of parties to original position
c. Rectification of contract
d. Execution of contract
82. Under Section 27, who may sue for rescission?
a. Any person interested in the contract
b. Only parties to the contract
c. Only government
d. Only arbitrator
83. The rescission of a contract may be adjudged by:
a. Government
b. Arbitrator
c. Court
d. Police
84. A contract may be rescinded when it is:
a. Voidable
b. Terminable by the plaintiff
c. Both (a) and (b)
d. Illegal
85. A contract terminable by the plaintiff means:
a. Plaintiff has right to terminate the contract
b. Defendant terminates contract
c. Contract automatically ends
d. Government cancels contract
86. Rescission may also be granted where the contract is:
a. Unlawful for causes not apparent on its face
b. Void ab initio
c. Oral
d. Arbitrable
87. Rescission in such unlawful contracts may be granted if:
a. Defendant is more to blame than plaintiff
b. Plaintiff is more to blame
c. Government orders it
d. Arbitration award exists
88. Even when rescission is possible, the court may:
a. Always grant rescission
b. Refuse rescission
c. Transfer case to arbitration
d. Refer to government
89. Rescission may be refused where the plaintiff has:
a. Ratified the contract
b. Cancelled the contract
c. Filed suit
d. Paid damages
90. Ratification of contract may be:
a. Express
b. Implied
c. Both (a) and (b)
d. Written only
91. Rescission may be refused where:
a. Circumstances have changed
b. Parties cannot be restored to original position
c. Both (a) and (b)
d. Contract is oral
92. Change of circumstances must be:
a. Due to defendant's act
b. Not due to defendant's act
c. Due to government
d. Due to plaintiff
93. The principle applied here is:
a. Restitutio in integrum
b. Res judicata
c. Caveat emptor
d. Res ipsa loquitur
94. Rescission may be refused where third parties have:
a. Acquired rights in good faith
b. Acquired rights without notice
c. Given value
d. All of the above
95. The third parties protected must be:
a. Bona fide purchasers
b. Government officials
c. Arbitrators
d. Witnesses
96. Section 28 deals with:
a. Rectification of instruments
b. Rescission after decree of specific performance
c. Preventive relief
d. Declaratory relief
97. Section 28 applies to contracts relating to:
a. Movable property
b. Immovable property
c. Service contracts
d. Partnership agreements
98. Section 28 specifically applies to contracts for:
a. Sale of immovable property
b. Lease of immovable property
c. Both (a) and (b)
d. Mortgage only
99. Section 28 operates when:
a. Specific performance decree is passed
b. Contract is void
c. Contract is illegal
d. Arbitration award exists
100. After decree for specific performance, if the purchaser does not pay the purchase money within time:
a. Contract automatically ends
b. Vendor may apply for rescission
c. Court must execute contract
d. Government intervenes
101. Application for rescission under Section 28 must be made by:
a. Purchaser
b. Vendor or lessor
c. Government
d. Arbitrator
102. The court may rescind the contract:
a. Only partly
b. Only fully
c. Either partly or wholly
d. Not at all
103. The court may direct payment of:
a. Rents
b. Profits
c. Both (a) and (b)
d. Only damages
104. The court may order refund of:
a. Purchase money
b. Earnest money or deposit
c. Government fees
d. Court fees
105. Refund is granted:
a. Automatically
b. If justice of the case requires
c. By government order
d. By arbitration
106. If purchaser pays the amount within the allowed time:
a. Decree becomes void
b. Court may grant further relief
c. Contract automatically ends
d. Arbitration begins
107. The court may order execution of:
a. Proper conveyance
b. Lease deed
c. Both (a) and (b)
d. Mortgage
108. The court may order delivery of:
a. Possession
b. Partition and separate possession
c. Both (a) and (b)
d. Compensation only
109. Section 28 provides that:
a. Separate suit is allowed
b. Separate suit is barred
c. Only appeal allowed
d. Arbitration required
110. Relief under Section 28 must be claimed:
a. Through a new suit
b. In the same suit
c. Through arbitration
d. Through criminal court
111. Costs of proceedings under Section 28 are:
a. Fixed by statute
b. In discretion of court
c. Paid by government
d. Paid equally by parties
112. Section 29 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Alternative prayer for rescission
c. Preventive relief
d. Declaratory decree
113. Section 29 applies to suits for:
a. Compensation
b. Specific performance of contract
c. Injunction
d. Partition
114. The contract referred to in Section 29 must be:
a. Oral
b. Written
c. Illegal
d. Void
115. Under Section 29, the plaintiff instituting a suit for specific performance may pray:
a. Only for damages
b. Only for injunction
c. Alternatively for rescission
d. Only for cancellation
116. Alternative prayer means:
a. Asking for multiple remedies simultaneously
b. Asking for another remedy if primary relief fails
c. Filing multiple suits
d. Appeal against decree
117. The plaintiff may pray that if the contract cannot be specifically enforced:
a. It be cancelled
b. It be rescinded
c. It be executed by court
d. Arbitration be initiated
118. In such case, the plaintiff may also ask that the contract be:
a. Modified
b. Delivered up to be cancelled
c. Registered again
d. Executed again
119. If the court refuses to grant specific performance:
a. Suit automatically fails
b. Court may grant rescission
c. Arbitration begins
d. Contract remains valid
120. The court may direct that the contract be:
a. Modified
b. Rescinded
c. Delivered up for cancellation
d. Both (b) and (c)
121. Rescission under Section 29 is ordered when:
a. Contract cannot be specifically enforced
b. Contract is oral
c. Contract is illegal
d. Government intervenes
122. Relief under Section 29 is:
a. Mandatory
b. Discretionary
c. Criminal
d. Administrative
123. Section 29 allows the court to grant:
a. Alternative relief
b. Only primary relief
c. Only damages
d. Only injunction
124. Section 30 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Rescission and doing equity
c. Specific performance
d. Preventive relief
125. Section 30 applies when:
a. Contract is formed
b. Contract is rescinded by court
c. Contract is executed
d. Contract is void
126. The principle embodied in Section 30 is:
a. Equity
b. Criminal liability
c. Administrative justice
d. Arbitration
127. Section 30 empowers the:
a. Arbitrator
b. Court
c. Government
d. Police
128. When rescission is adjudged, the court may require the party granted relief to:
a. Return benefits received
b. Pay damages only
c. Cancel documents
d. Execute contract
129. The party rescinding must restore benefits:
a. Completely
b. As far as possible
c. Only partially
d. Not necessary
130. Benefits must be restored to:
a. Government
b. The other party to the contract
c. Arbitrator
d. Court
131. The purpose of restoring benefits is to:
a. Punish the party
b. Achieve justice between parties
c. Create new contract
d. Start arbitration
132. Apart from restoring benefits, the court may require:
a. Payment of compensation
b. Criminal punishment
c. Arbitration
d. Execution of contract
133. Compensation is awarded when:
a. Justice requires it
b. Government orders it
c. Plaintiff demands it
d. Defendant admits it
134. The compensation under Section 30 is awarded to:
a. Government
b. The other party to the contract
c. Arbitrator
d. Court
135. The power of the court under Section 30 is:
a. Mandatory
b. Discretionary
c. Criminal
d. Administrative
136. The court may impose equitable conditions while granting:
a. Rescission
b. Rectification
c. Injunction
d. Declaration
137. Section 30 ensures:
a. Unjust enrichment is avoided
b. Criminal liability is imposed
c. Arbitration is compulsory
d. Government control
138. Section 30 reflects the doctrine:
a. He who seeks equity must do equity
b. Caveat emptor
c. Res judicata
d. Res ipsa loquitur
139. The principle of equity means:
a. Fairness and justice
b. Criminal punishment
c. Administrative power
d. Arbitration control
140. Section 31 of the Specific Relief Act deals with:
a. Rectification of instruments
b. Cancellation of instruments
c. Specific performance
d. Injunction
141. Section 31 applies to:
a. Oral agreements
b. Written instruments
c. Criminal documents
d. Arbitration awards
142. Cancellation under Section 31 may be sought when the instrument is:
a. Valid
b. Void or voidable
c. Enforceable
d. Registered
143. The suit for cancellation may be filed by:
a. Any person interested
b. Any person against whom the instrument is void or voidable
c. Government only
d. Arbitrator
144. A person may sue for cancellation when he has:
a. Financial loss
b. Reasonable apprehension of serious injury
c. Government permission
d. Arbitration award
145. The injury apprehended must be:
a. Hypothetical
b. Serious injury
c. Minor loss
d. Temporary inconvenience
146. The injury must arise if the instrument is:
a. Destroyed
b. Left outstanding
c. Registered
d. Executed
147. The court may adjudge the instrument:
a. Valid
b. Void or voidable
c. Registered
d. Executed
148. The power of the court under Section 31 is:
a. Mandatory
b. Discretionary
c. Criminal
d. Administrative
149. After adjudging the instrument void or voidable, the court may order:
a. Rectification
b. Delivery and cancellation of the instrument
c. Registration
d. Execution
150. The court may order the instrument to be:
a. Registered again
b. Delivered up and cancelled
c. Executed again
d. Modified