The Specific Relief Act, 1877 Model Test 10 (English) 0% Time limit: 30 minutes. Complete the test within time. āϏāĻŽā§ āĻļā§āώ āϧāύā§āϝāĻŦāĻžāĻĻāĨ¤ Specific Relief Act Model Test 10 (English) The Specific Relief Act, 1877 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 A contracts to sell 100 bighas to B. 50 belong to a stranger who refuses to sell. B can get a decree for the 50 belonging to A ONLY IF he: A) Sues the stranger B) Waives all right to compensation for the deficiency C) Pays half the price D) Cancels the contract Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Waives all right to compensation for the deficiency". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 A contracts to let and B to take an unfinished house, B to finish it. B finishes it in a very defective manner. B: A) Must destroy the house B) Cannot enforce the contract specifically, though they may sue for compensation C) Can force A to finish it D) Can enforce the contract specifically Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Cannot enforce the contract specifically, though they may sue for compensation". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Specific performance cannot be enforced in favour of a vendor who, knowing himself not to have any title to the property: A) Discloses it to the buyer B) Registers the deed C) Apologizes D) Has contracted to sell or let the same Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Has contracted to sell or let the same". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 The dismissal of a suit for specific performance of a contract bars the plaintiff's right to sue for: A) Rectification B) Declaration C) Injunction D) Compensation for the breach Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Compensation for the breach". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 A contracts to sell a picture by a dead painter to B. This contract is specifically enforceable because: A) A is an artist B) There is no standard for ascertaining the actual damage caused by non-performance C) B is wealthy D) It is immovable property Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "There is no standard for ascertaining the actual damage caused by non-performance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 A person against whom an instrument is void or voidable may sue to have it cancelled if he has reasonable apprehension that if left outstanding it may cause him: A) Minor loss B) Serious injury C) Temporary inconvenience D) Emotional distress Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Serious injury". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 A railway company contracts with Z to make an archway. Specific performance can be enforced because: A) It's a public duty B) The railway company is rich C) Z's interest in performance cannot be adequately compensated for by money D) Z is a politician Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Z's interest in performance cannot be adequately compensated for by money". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 A acts as an agent for B to buy C's house, but in reality is acting for his own account. Can A enforce specific performance? A) Can claim damages from B B) Can claim damages from C C) Yes D) Cannot enforce specific performance Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Cannot enforce specific performance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 A contracts to buy 40 chests of indigo at 1,000 Taka per chest. Specific performance cannot be enforced because: A) Indigo is illegal B) Indigo is perishable C) The amount is too large D) Both A and B would be reimbursed by compensation in money Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Both A and B would be reimbursed by compensation in money". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 A declaration made under Chapter VI is binding ONLY on: A) The parties to the suit, persons claiming through them, and trustees B) The Government C) The witnesses D) The world at large Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "The parties to the suit, persons claiming through them, and trustees". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 A lets land to B, and B contracts to cultivate it in a particular manner for 3 years. This cannot be specifically enforced because it is a: A) Revocable contract B) Short-term lease C) Illegal act D) Continuous duty involving minute details / Court cannot superintend Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Continuous duty involving minute details / Court cannot superintend". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 A and B (trustees) join C (beneficiary) to sell estate to D, agreeing to clear encumbrances. The purchase-money is not enough to discharge them. Specific performance: A) Must be granted B) Requires D to pay the encumbrances C) Should be refused to D D) Requires C to go to jail Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Should be refused to D". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Specific performance cannot be enforced in favour of a person who has already chosen his remedy and obtained: A) Satisfaction for the alleged breach B) Legal advice C) A declaratory decree D) A temporary injunction Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Satisfaction for the alleged breach". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 A tenant for life cannot obtain specific performance if the contract was made in excess of his power. This is an application of rules regarding who may obtain specific performance under: A) Section 25 B) Section 30 C) Section 23 D) Section 27 Explanation: According to Section 23 of The Specific Relief Act, 1877, the legally correct resolution is "Section 23". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 If A contracts to sell a house to B for 1000 Taka, the Court will direct A to convey it because of the presumption that: A) B has no house B) Breach of contract to transfer immoveable property cannot be adequately relieved by compensation C) Houses are cheap D) A has many houses Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Breach of contract to transfer immoveable property cannot be adequately relieved by compensation". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 A person against whom a written instrument is void or voidable may sue to have it adjudged so, if he has reasonable apprehension that it may cause him: A) Minor annoyance B) Social stigma C) Loss of time D) Serious injury Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Serious injury". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 To prevent the breach of an obligation, if it is necessary to compel the performance of certain acts, the Court may grant a: A) Temporary injunction only B) Mandatory injunction C) Declaratory decree D) Rescission Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Mandatory injunction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 One of two executors erroneously believes he has the other's authority and contracts to sell property to B. B: A) Can sue the co-executor B) Can arrest A C) Can insist on the sale D) Cannot insist on the sale being completed Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Cannot insist on the sale being completed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Specific performance may be enforced against any person claiming under a title arising subsequently to the contract, EXCEPT a transferee for value who has paid his money in: A) Good faith and without notice B) Installments C) Foreign currency D) Advance Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Good faith and without notice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 The appointment of receivers under Section 44 rests in the: A) Demands of the plaintiff B) Will of the defendant C) Orders of the government D) Discretion of the Court Explanation: According to Section 44 of The Specific Relief Act, 1877, the legally correct resolution is "Discretion of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 In the illustration where A leaves furniture with B (his agent) and B pledges it to C without authority, C can be compelled to deliver it to A because: A) C holds it as A's trustee B) The furniture is cheap C) B is missing D) C stole it Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "C holds it as A's trustee". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 An injunction cannot be granted to prevent the breach of a contract the performance of which: A) Is written and registered B) Is guaranteed C) Involves money D) Would not be specifically enforced Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Would not be specifically enforced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Temporary injunctions are regulated by the: A) Constitution B) Specific Relief Act exclusively C) Code of Civil Procedure D) Penal Code Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Code of Civil Procedure". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 A conveys land to B, who bequeaths to C and dies. D produces a forged instrument stating the conveyance was in trust for him. C may obtain: A) Rectification of B's will B) Specific performance against D C) Cancellation of the forged instrument D) Rent from D Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Cancellation of the forged instrument". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Under Section 42, a Court shall NOT make a declaration of status or right where the plaintiff, being able to seek further relief than a mere declaration, A) Does so B) Omits to do so C) Asks for an injunction D) Is a foreigner Explanation: According to Section 42 of The Specific Relief Act, 1877, the legally correct resolution is "Omits to do so". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Under Section 57, the Court can grant an injunction to perform a negative agreement even if unable to compel specific performance of the affirmative agreement, provided the applicant: A) Has not failed to perform the contract so far as it is binding on him B) Modifies the contract C) Is a government entity D) Has paid a penalty Explanation: According to Section 57 of The Specific Relief Act, 1877, the legally correct resolution is "Has not failed to perform the contract so far as it is binding on him". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 A marriage settlement intends an annuity for wife B. Husband C dies insolvent. The assignee claims the annuity. The Court may rectify the settlement to decree that the assignee: A) Takes half B) Must sell the annuity C) Has no right to any part of the annuity D) Takes the whole Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Has no right to any part of the annuity". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 An injunction cannot be granted where the applicant has no: A) Legal representation B) Witnesses C) Personal interest in the matter D) Financial interest Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Personal interest in the matter". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 A perpetual injunction can only be granted by the: A) Decree made at the hearing and upon the merits of the suit B) Executive order C) Interlocutory order D) Registrar's order Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Decree made at the hearing and upon the merits of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 The dismissal of a suit for specific performance bars a subsequent suit for: A) Declaration B) Injunction C) Possession D) Compensation for the breach Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Compensation for the breach". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be: A) Punished B) Compensated doubly C) Re-educated D) Restored to substantially the same position as if the contract had not been made Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Restored to substantially the same position as if the contract had not been made". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 An injunction may be granted where there exists no standard for ascertaining the actual damage caused by the: A) Registration process B) Execution of decree C) Invasion D) Delay in court Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Invasion". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 A contracts to pay an annuity to B for the lives of C and D. C was dead at the date of the contract. The contract: A) Can be enforced for D's life B) Is valid and binding fully C) Cannot be specifically performed D) Must be rectified Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Cannot be specifically performed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 In rectifying a written instrument, the Court must be satisfied that the parties intended to make an: A) Equitable and conscientious agreement B) Unregistered deed C) Oral contract D) Unfair advantage Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Equitable and conscientious agreement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Rescission of a contract in writing may be adjudged where the contract is: A) Signed by witnesses B) Highly profitable C) Registered D) Voidable or terminable by the plaintiff Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Voidable or terminable by the plaintiff". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 Specific performance cannot be enforced against a party if his assent was given under the influence of: A) Independent advice B) Mistake of fact, misapprehension or surprise C) Careful consideration D) Good faith Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Mistake of fact, misapprehension or surprise". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Rescission of a contract may be adjudged where a decree for specific performance has been made, and the purchaser makes default in: A) Payment of the purchase-money B) Appealing the decree C) Taking possession D) Registering the deed Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Payment of the purchase-money". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 An injunction CANNOT be granted to stay proceedings in any: A) Criminal matter B) Revenue matter C) Civil matter D) Family matter Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Criminal matter". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Under Section 24, specific performance cannot be enforced in favour of a person who could not recover: A) Compensation for its breach B) Legal fees C) His initial investment D) Property Explanation: According to Section 24 of The Specific Relief Act, 1877, the legally correct resolution is "Compensation for its breach". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 A's property is put up to auction. C inadvertently bids for A. The crowd thinks C is a puffer and stops bidding. Lot knocked down to B at low price. Specific performance: A) Requires B to pay more B) Should be refused to B C) Requires C to buy it D) Must be granted to B Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Should be refused to B". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Specific performance cannot be enforced against a party if the consideration to be received by him is so grossly inadequate as to be evidence of: A) Ignorance B) Inflation C) Bad market conditions D) Fraud or undue advantage Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Fraud or undue advantage". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 In rectifying an instrument, the Court is not confined to inquiring what the language was intended to be, but may inquire what were intended to be its: A) Financial impacts B) Moral consequences C) Social impacts D) Legal consequences Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Legal consequences". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 A contracts to sell land to B. A becomes a lunatic and C is appointed his committee. B may: A) Sue A's family B) Cancel the contract C) Occupy the land by force D) Specifically enforce the contract against C Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Specifically enforce the contract against C". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 If an instrument is evidence of different rights or obligations, the Court may cancel it in part and allow it to stand for the residue under: A) Section 41 B) Section 40 C) Section 39 D) Section 38 Explanation: According to Section 40 of The Specific Relief Act, 1877, the legally correct resolution is "Section 40". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Trustees empowered to sell trust-property worth 1 lakh contract to sell it to C for 30,000. C cannot enforce specific performance because the contract is: A) Verbal B) Unregistered C) Expired D) So disadvantageous as to be a breach of trust Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "So disadvantageous as to be a breach of trust". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 A, out of natural love, makes a settlement on his brothers, then contracts to sell the property to a stranger. A cannot enforce this contract so as to: A) Get more money B) Please his brothers C) Avoid taxes D) Override the settlement Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Override the settlement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 A, B, and C sign a writing to give a joint bond for 1000. By mistake, the word "each" was inserted. D can obtain specific performance: A) Only if they sign a new bond B) For 3000 Taka C) Only with the variation set up (joint bond for 1000) D) Never Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Only with the variation set up (joint bond for 1000)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 An injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, EXCEPT in case of: A) Breach of trust B) Fraud C) Mistake D) Nuisance Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Breach of trust". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 A sues for specific performance to have shares allotted. The shares were already allotted before the suit. The Court may: A) Award A compensation for the non-performance B) Create new shares C) Arrest the directors D) Dismiss the suit without relief Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Award A compensation for the non-performance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 A declaration made under Chapter VI is binding ONLY on the parties to the suit and: A) The police B) The general public C) The State D) Persons claiming through them respectively (and trustees) Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Persons claiming through them respectively (and trustees)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. The average score is 0% 0% Send feedback đ Practice More Model Tests (Specific Relief Act English): âŦ ī¸ Previous: Specific Relief Act Model Test 9 Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print