SRA MCQs Set-4

SRA MCQs Set-4

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There are 4 Sets of MCQs available for Specific Relief Act, 1963 , you are advised to explore all the sets : 

SRA MCQs Set -1

SRA MCQs Set -2

SRA MCQs Set -3  

SRA MCQs Set -4

 

1. “Delivery up” means:

a. Producing the instrument before court

b. Registering the instrument

c. Executing the instrument

d. Destroying the instrument automatically

 

2. Cancellation of an instrument results in:

a. Enforceability

b. Invalidity of the document

c. Registration

d. Arbitration

 

3. If the cancelled instrument was registered, the court must:

a. Destroy it

b. Send decree copy to registering officer

c. Register new instrument

d. Inform government

 

4. The decree copy is sent to:

a. District judge

b. Registration officer

c. Government authority

d. Police officer

 

5. The registering officer must:

a. Cancel the instrument physically

b. Note cancellation in his records

c. File criminal case

d. Destroy the document

 

6. Section 32 of the Specific Relief Act deals with:

a. Rectification of instruments

b. Cancellation of instruments

c. Partial cancellation of instruments

d. Specific performance

 

7. Section 32 allows the court to:

a. Cancel the entire instrument only

b. Cancel an instrument partly

c. Modify contracts

d. Enforce agreements

 

8. Partial cancellation is allowed where the instrument contains:

a. One right only

b. One obligation only

c. Different rights or obligations

d. Criminal liability

 

9. Section 32 applies to:

a. Oral agreements

b. Written instruments

c. Arbitration awards

d. Criminal orders

 

10. The court may cancel the instrument:

a. Fully only

b. Partially

c. Automatically

d. By government order

 

11. Partial cancellation is allowed in:

a. Every case

b. Proper case

c. Criminal case

d. Government case

 

12. The power to partially cancel an instrument lies with:

a. Arbitrator

b. Civil Court

c. Government

d. Police

 

13. The court may allow the remaining part of the instrument to:

a. Become void

b. Stand valid

c. Be registered again

d. Be cancelled

 

14. Partial cancellation is possible when the instrument is evidence of:

a. Single right

b. Multiple rights

c. Criminal liability

d. Arbitration agreement

 

15. Partial cancellation is also possible when the instrument creates:

a. Single obligation

b. Different obligations

c. No obligations

d. Criminal duties

 

16. The part not cancelled is called:

a. Void part

b. Residue

c. Invalid portion

d. Illegal portion

 

17. After partial cancellation:

a. Entire instrument becomes void

b. Only the cancelled part becomes void

c. Instrument becomes illegal

d. Arbitration begins

 

18. The remaining portion of the instrument:

a. Remains enforceable

b. Becomes void

c. Requires new registration

d. Must be cancelled

 

19. Section 32 prevents:

a. Complete destruction of valid rights

b. Enforcement of contracts

c. Arbitration disputes

d. Government control

 

20. Section 32 is based on the principle of:

a. Severability

b. Res judicata

c. Caveat emptor

d.  Estoppel

 

21. The doctrine of severability means:

a. Entire contract becomes void

b. Invalid portion may be separated from valid portion

c. Contract must be rewritten

d. Arbitration must be used

 

22. Section 33 of the Specific Relief Act deals with:

a. Rectification of instruments

b. Restoration of benefits or compensation when instrument is cancelled

c. Preventive relief

d. Injunction

 

23. Section 33 applies when:

a. Contract is performed

b. Instrument is cancelled or resisted as void or voidable

c. Arbitration begins

d. Contract is executed

 

24. The main objective of Section 33 is:

a. Punishment

b. Equitable adjustment between parties

c. Criminal liability

d. Contract enforcement

 

25. Section 33 reflects the equitable principle:

a. Res judicata

b. He who seeks equity must do equity

c. Caveat emptor

d. Res ipsa loquitur

 

26. When the court adjudges cancellation of an instrument, it may require:

a. Destruction of instrument

b. Restoration of benefit received

c. Criminal prosecution

d. Arbitration

 

27. Restoration must be made by:

a. Plaintiff only

b. Party to whom relief is granted

c. Government

d. Arbitrator

 

28. Restoration of benefit must be done:

a. Completely

b. So far as may be

c. Not required

d. Automatically

 

29. The court may also require payment of:

a. Penalty

b. Compensation

c. Fine

d. Court fee

 

30. Compensation is ordered when:

a. Justice requires

b. Plaintiff demands

c. Government directs

d. Arbitrator orders

 

31. Section 33(2) applies where:

a. Plaintiff wins suit

b. Defendant successfully resists suit

c. Arbitration award exists

d. Contract is executed

 

32. A defendant may resist the suit by proving the instrument is:

a. Valid

b. Voidable

c. Registered

d. Executed

 

33. Section 34 of the Specific Relief Act deals with:

a. Injunctions

b. Declaratory decrees

c. Specific performance

d. Rectification

 

34. Under Section 34, a person may file a suit for:

a. Damages

b. Declaration of legal character or right to property

c. Criminal action

d. Arbitration

 

35. The court may declare:

a. Criminal liability

b. Legal character or right to property

c. Contract price

d. Court fees

 

36. The relief under Section 34 is:

a. Mandatory

b. Discretionary

c. Criminal

d. Automatic

 

37. A declaratory decree determines:

a. Possession

b. Legal status or rights of parties

c. Damages

d. Penalty

 

38. A suit under Section 34 may be filed by:

a. Any person entitled to legal character

b. Only government

c. Only owner

d. Arbitrator

 

39. A person may sue when his:

a. Legal character is denied

b. Property right is denied

c. Both A and B

d. Contract is executed

 

40. The defendant in a declaratory suit must be a person:

a. Interested to deny plaintiff’s title

b. Government officer only

c. Arbitrator

d. Registrar

 

41. A declaratory suit can be filed against a person:

a. Denying plaintiff’s right

b. Interested in denying such right

c. Both A and B

d. None

 

42. Section 34 allows declaration relating to:

a. Legal character

b. Property rights

c. Both A and B

d. Criminal liability

 

43. In a declaratory suit the plaintiff:

a. Must claim damages

b. Need not seek further relief

c. Must seek injunction

d. Must claim possession

 

44. The explanation to Section 34 refers to:

a. Executor

b. Trustee

c. Arbitrator

d. Registrar

 

45. A trustee is considered:

a. Person interested to deny title

b. Government authority

c. Arbitrator

d. Registrar

 

46. Section 35 of the Specific Relief Act, 1963 deals with:

a. Injunctions

b. Effect of declaratory decrees

c. Specific performance

d. Rectification

 

47. A declaration under this Chapter is binding on:

a. Only the plaintiff

b. Only the defendant

c. Parties to the suit and persons claiming through them

d. General public

 

48. If a party to the suit is a trustee, the declaration is binding on:

a. All beneficiaries automatically

b. Persons for whom the trustee is trustee at the date of declaration

c. Government officials

d. Arbitrators

 

49. Declaratory decree binds:

a. Only the parties filing suit

b. Parties, successors, and claimants through them

c. All persons in the locality

d. Central Government

 

50. A person claiming through a party to the suit:

a. Is bound by the declaration

b. Can ignore the declaration

c. Must file a separate suit

d. Cannot be affected

 

51. The effect of declaration under Section 35 is:

a. Universal

b. Binding only on parties and persons claiming through them

c. Only advisory

d. Automatically enforceable against the public

 

52. Section 35 is applicable to:

a. Injunction suits

b. Declaratory suits

c. Criminal proceedings

d. Arbitration only

 

53. Trustees are bound by the declaration for:

a. Past beneficiaries only

b. Beneficiaries in existence at the date of declaration

c. Future beneficiaries

d. None of the above

 

54. A declaratory decree does not bind:

a. Parties to the suit

b. Persons claiming under parties

c. General public or unrelated third parties

d. Trustees of beneficiaries

 

55. Successors claiming through a party to the suit are:

a. Bound by the declaration

b. Not bound

c. Must file separate suit

d. Can ignore the suit

 

56. The binding effect of Section 35 ensures:

a. Multiplicity of suits

b. Certainty in rights among parties and their successors

c. Criminal liability

d. Automatic property transfer

 

57. Section 36 of the Specific Relief Act, 1963 deals with:

a. Declaratory relief

b. Preventive relief

c. Recovery of immovable property

d. Rectification of instruments

 

58. Preventive relief is granted:

a. As a matter of right

b. Only in criminal cases

c. At the discretion of the court

d. By the government

 

59. Preventive relief is usually granted in the form of:

a. Monetary compensation

b. Injunction

c. Rectification of instrument

d. Transfer of property

 

60. Which types of injunctions can be granted under Section 36?

a. Temporary only

b. Perpetual only

c. Temporary or perpetual

d. Criminal injunctions only

 

61. Preventive relief under Section 36 is:

a. Mandatory in every case

b. Discretionary with the court

c. Only for contracts

d. Only for immovable property

 

62. The primary purpose of preventive relief is to:

a. Recover property

b. Prevent a threatened wrong

c. Award damages

d. Enforce criminal law

 

63. A temporary injunction is granted:

a. For the entire duration of the contract

b. For a limited period pending trial

c. As a final relief

d. Only after decree

 

64. A perpetual injunction is granted:

a. Only before trial

b. As a final order to prevent continuing or future wrong

c. Only for movable property

d. Only against government

 

65. Preventive relief may be granted against:

a. Actual breach only

b. Threatened or apprehended breach

c. Government only

d. Only contracts for immovable property

 

66. Section 36 gives the court power to:

a. Enforce specific performance

b. Award compensation only

c. Grant injunction to prevent a wrong

d. Cancel an instrument

 

67. Preventive relief is not granted as:

a. Matter of right

b. Injunction

c. Temporary or perpetual measure

d. Discretionary measure

 

68. The nature of preventive relief under Section 36 is:

a. Remedial

b. Compensatory

c. Preventive

d. Punitive

 

69. Which of the following is true regarding preventive relief?

a. Always granted to plaintiff automatically

b. Court must consider discretion and circumstances

c. Only granted after breach occurs

d. Applicable only in criminal matters

 

70. The court may grant preventive relief in the form of injunction when:

a. There is a threatened violation of legal rights

b. A contract has been fully performed

c. There is no dispute

d. Only for movable property

 

71. Section 36 is applicable to:

a. Only contracts

b. Only movable property disputes

c. Any threatened legal wrong

d. Criminal proceedings

 

72. The discretionary nature of preventive relief means:

a. Plaintiff always gets injunction

b. Court evaluates facts, law, and equities before granting relief

c. Injunction must be perpetual

d. Injunction cannot be temporary

 

73. Temporary injunction is granted primarily to:

a. Punish the defendant

b. Preserve status quo during trial

c. Award damages

d. Transfer property

 

74. Perpetual injunction is granted primarily to:

a. Award compensation

b. Prevent future or continuing wrong

c. Restore possession temporarily

d. Avoid filing of suit

 

75. Temporary injunctions are such as are to continue until:

a. A specific time or further order of the court

b. Decree of appellate court

c. Filing of written statement

d. Completion of evidence

 

76. Temporary injunctions may be granted:

a. Only before filing of suit

b. Only after decree

c. At any stage of a suit

d. Only at the time of judgment

 

77. Temporary injunctions are regulated by:

a. Code of Civil Procedure, 1908

b. Indian Penal Code

c. Evidence Act

d. Limitation Act

 

78. Temporary injunctions continue until:

a. Filing of appeal

b. Specific time or further order of the court

c. Completion of trial

d. Admission of plaint

 

79. Perpetual injunction can be granted only by:

a. Interim order

b. Decree made at the hearing

c. Police order

d. Executive order

 

80. Perpetual injunction is granted:

a. At the filing of suit

b. At the hearing and upon the merits of the suit

c. At interim stage

d. Before notice

 

81. A perpetual injunction restrains the defendant from:

a. Filing written statement

b. Assertion of a right contrary to plaintiff's rights

c. Filing appeal

d. Filing review

 

82. A perpetual injunction may be granted to:

a. Defendant

b. Plaintiff

c. Witness

d. Arbitrator

 

83. A perpetual injunction may be granted to prevent:

a. Breach of an obligation existing in plaintiff’s favour

b. Filing of suit

c. Filing of appeal

d. Criminal prosecution

 

84. Obligation for granting perpetual injunction may exist:

a. Expressly

b. By implication

c. Both expressly or by implication

d. Only by written agreement

 

85. When obligation arises from contract, the court shall be guided by:

a. Chapter II

b. Chapter III

c. Code of Civil Procedure

d. Indian Contract Act only

 

86. Perpetual injunction may be granted when the defendant:

a. Invades plaintiff’s right to property

b. Files appeal

c. Files review

d. Files written statement

 

87. Perpetual injunction may be granted where the defendant is:

a. Trustee of the property for the plaintiff

b. Tenant of the plaintiff

c. Witness of the plaintiff

d. Advocate of the plaintiff

 

88. Perpetual injunction may be granted where there exists:

a. No standard for ascertaining the actual damage caused

b. Adequate compensation

c. Criminal liability

d. Arbitration clause

 

89. Perpetual injunction may be granted where:

a. Compensation in money would not afford adequate relief

b. Compensation is adequate

c. Criminal liability exists

d. Police investigation exists

 

90. Perpetual injunction may be granted where injunction is necessary to prevent:

a. Multiplicity of judicial proceedings

b. Appeal proceedings

c. Criminal proceedings

d. Arbitration proceedings

 

91. Section 39 of the Specific Relief Act deals with:

a. Temporary injunction

b. Perpetual injunction

c. Mandatory injunction

d. Declaratory decree

 

92. A mandatory injunction is granted to prevent:

a. Breach of an obligation

b. Filing of appeal

c. Institution of suit

d. Criminal prosecution

 

93. Mandatory injunction compels the:

a. Performance of certain acts

b. Payment of damages

c. Filing of appeal

d. Filing of written statement

 

94. Mandatory injunction may be granted when the court is capable of:

a. Enforcing the act

b. Filing appeal

c. Passing criminal order

d. Conducting investigation

 

95. The court may grant mandatory injunction:

a. As a matter of right

b. In its discretion

c. By police order

d. By executive order

 

96. Mandatory injunction may compel:

a. Performance of requisite acts

b. Payment of penalty

c. Filing of appeal

d. Filing of revision

 

97. Mandatory injunction is granted to:

a. Prevent breach of an obligation

b. Grant damages

c. Punish defendant

d. Enforce criminal law

 

98. Mandatory injunction may be granted when:

a. Court is capable of enforcing the act

b. Police investigate the act

c. Criminal liability arises

d. Appeal is pending

 

99. Mandatory injunction compels the defendant to:

a. Do a particular act

b. Pay damages

c. File appeal

d. File written statement

 

100. Section 40 of the Specific Relief Act deals with:

a. Temporary injunction

b. Damages in lieu of or in addition to injunction

c. Mandatory injunction

d. Declaratory decree

 

101. Under Section 40, the plaintiff may claim damages in a suit for:

a. Temporary injunction

b. Perpetual injunction under Section 38

c. Criminal prosecution

d. Appeal

 

102. Under Section 40, damages may also be claimed in a suit for:

a. Mandatory injunction under Section 39

b. Temporary injunction

c. Appeal

d. Revision

 

103. Damages under Section 40 may be claimed:

a. In addition to injunction

b. In substitution for injunction

c. In addition to or in substitution for injunction

d. Only in substitution for injunction

 

104. The power to award damages under Section 40 lies with the:

a. Court

b. Police authority

c. Executive authority

d. Arbitrator

 

105. The court may award damages under Section 40:

a. As a matter of right

b. If it thinks fit

c. Only on appeal

d. Only on review

 

106. Relief for damages shall not be granted unless:

a. The plaintiff has claimed such relief in his plaint

b. The defendant agrees

c. The police approve

d. The government approves

 

107. If damages are not claimed in the plaint, the court may:

a. Reject the suit

b. Dismiss the claim permanently

c. Allow amendment of the plaint

d. Transfer the suit

 

108. The court may allow amendment of plaint for claiming damages:

a. Only at the filing stage

b. Only before trial

c. At any stage of the proceedings

d. Only after decree

 

109. Amendment of plaint under Section 40 may be allowed on:

a. Terms as may be just

b. Police approval

c. Government approval

d. Consent of defendant

 

110. If a suit to prevent breach of obligation is dismissed:

a. Plaintiff may still sue for damages

b. Plaintiff’s right to sue for damages is barred

c. Defendant must pay damages

d. Appeal is barred

 

111. The dismissal of a suit to prevent breach of obligation bars the right to sue for:

a. Damages for such breach

b. Appeal

c. Revision

d. Review

 

112. Section 40 applies in suits for:

a. Perpetual injunction

b. Mandatory injunction

c. Perpetual injunction and mandatory injunction

d. Temporary injunction

 

113. Damages may be claimed by the:

a. Plaintiff

b. Defendant

c. Witness

d. Arbitrator

 

114. Section 41 of the Specific Relief Act deals with:

a. Temporary injunction

b. Mandatory injunction

c. Injunction when refused

d. Declaratory decree

 

115. An injunction cannot be granted to restrain:

a. Prosecuting a judicial proceeding pending at the institution of the suit

b. Execution of decree

c. Filing of written statement

d. Filing of appeal

 

116. Injunction may be granted to restrain pending judicial proceedings only when necessary to prevent:

a. Criminal liability

b. Multiplicity of proceedings

c. Appeal

d. Review

 

117. An injunction cannot be granted to restrain a person from instituting proceedings in a court:

a. Subordinate to the court granting injunction

b. Not subordinate to the court granting injunction

c. Same court

d. Tribunal only

 

118. Injunction cannot be granted to restrain any person from applying to:

a. Executive authority

b. Legislative body

c. Court

d. Arbitrator

 

119. Injunction cannot be granted to restrain proceedings in:

a. Civil matter

b. Criminal matter

c. Arbitration

d. Administrative tribunal

 

120. Injunction cannot be granted to prevent breach of contract where the performance:

a. Can be specifically enforced

b. Would not be specifically enforced

c. Is lawful

d. Is conditional

 

121. Injunction cannot be granted to prevent an act on the ground of nuisance when:

a. It is certain nuisance

b. It is clearly nuisance

c. It is not reasonably clear that it will be a nuisance

d. It is proven nuisance

 

122. Injunction cannot be granted to prevent a continuing breach in which the plaintiff has:

a. Objected

b. Acquiesced

c. Protested

d. Appealed

 

123. Injunction cannot be granted when equally efficacious relief can be obtained by:

a. Any other usual mode of proceeding

b. Appeal

c. Criminal prosecution

d. Arbitration

 

124. Exception to the rule of equally efficacious remedy exists in case of:

a. Breach of trust

b. Breach of contract

c. Breach of duty

d. Breach of policy

 

125. Injunction cannot be granted if it would impede or delay the progress of:

a. Civil suit

b. Infrastructure project

c. Criminal trial

d. Arbitration

 

126. Injunction cannot be granted when the conduct of the plaintiff:

a. Is proper

b. Disentitles him to the assistance of the court

c. Is lawful

d. Is contractual

 

127. Injunction cannot be granted when the plaintiff has:

a. Personal interest in the matter

b. No personal interest in the matter

c. Contractual interest

d. Legal notice

 

128. Injunction cannot restrain proceedings pending at the institution of suit unless necessary to prevent:

a. Multiplicity of proceedings

b. Criminal liability

c. Arbitration

d. Appeal

 

129. Injunction cannot restrain proceedings in a court:

a. Subordinate court

b. Not subordinate court

c. Same court

d. Tribunal

 

130. Injunction cannot restrain applying to:

a. Court

b. Legislative body

c. Tribunal

d. Arbitrator

 

131. Injunction cannot restrain proceedings in:

a. Civil matter

b. Criminal matter

c. Administrative tribunal

d. Arbitration

 

132. Injunction cannot be granted to prevent breach of contract where performance:

a. Is specifically enforceable

b. Would not be specifically enforced

c. Is lawful

d. Is void

 

133. Injunction cannot be granted when the plaintiff has:

a. Acquiesced in continuing breach

b. Objected to breach

c. Filed suit immediately

d. Filed appeal

 

134. Injunction cannot be granted when equally efficacious relief can be obtained by:

a. Usual mode of proceeding

b. Appeal

c. Criminal prosecution

d. Arbitration

 

135. Injunction may still be granted despite alternative remedy in case of:

a. Breach of trust

b. Breach of contract

c.  Breach of policy

d. Breach of statute

 

136. Injunction cannot be granted if it delays:

a. Infrastructure project

b. Criminal investigation

c. Civil suit

d. Arbitration

 

137. Injunction cannot be granted when plaintiff’s conduct:

a. Disentitles him to assistance of the court

b. Is proper

c. Is neutral

d. Is contractual

 

138. Injunction cannot be granted when the plaintiff has:

a. No personal interest in the matter

b. Personal interest in the matter

c. Contractual right

d. Statutory right

 

139. Section 42 of the Specific Relief Act deals with:

a. Temporary injunction

b. Mandatory injunction

c. Injunction to perform negative agreement

d. Declaratory decree

 

140. Section 42 operates notwithstanding anything contained in:

a. Clause (e) of section 41

b. Clause (a) of section 41

c. Clause (b) of section 41

d. Clause (h) of section 41

 

141. Section 42 applies where a contract comprises:

a. Affirmative agreement only

b. Negative agreement only

c. Affirmative agreement coupled with negative agreement

d. Void agreement

 

142. An affirmative agreement means an agreement:

a. Not to do a certain act

b. To do a certain act

c. To commit an offence

d. To file suit

 

143. A negative agreement means an agreement:

a. To do a certain act

b. Not to do a certain act

c. To perform contract immediately

d. To terminate contract

 

144. Negative agreement under Section 42 may be:

a. Express

b. Implied

c. Express or implied

d. Written only

 

145. Under Section 42, injunction may be granted to enforce:

a. Affirmative agreement

b. Negative agreement

c. Criminal agreement

d. Arbitration agreement