The Specific Relief Act, 1877 Model Test 9 (English) 0% Time limit: 30 minutes. Complete the test within time. āϏāĻŽā§ āĻļā§āώ āϧāύā§āϝāĻŦāĻžāĻĻāĨ¤ Specific Relief Act Model Test 9 (English) The Specific Relief Act, 1877 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 A suit under Section 9 (person dispossessed of immoveable property) cannot be brought against: A) The Government B) A private corporation C) A trespasser D) A relative Explanation: According to Section 9 of The Specific Relief Act, 1877, the legally correct resolution is "The Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 A person dispossessed of immoveable property otherwise than in due course of law can file a suit under Section 9: A) Only against private individuals, not companies B) Notwithstanding any other title that may be set up in such suit C) Only if he proves absolute title D) Only if the property is registered in his name Explanation: According to Section 9 of The Specific Relief Act, 1877, the legally correct resolution is "Notwithstanding any other title that may be set up in such suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Section 56(d) prohibits injunctions that interfere with the public duties of any department of the Government, or with the sovereign acts of a: A) Private citizen B) Corporation C) Local council D) Foreign Government Explanation: According to Section 56 of The Specific Relief Act, 1877, the legally correct resolution is "Foreign Government". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 A contract to refer present or future differences to arbitration (save as provided by the Arbitration Act) cannot be specifically enforced under: A) Section 21 B) Section 12 C) Section 24 D) Section 22 Explanation: According to Section 21 of The Specific Relief Act, 1877, the legally correct resolution is "Section 21". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 Injunctions may be granted to prevent the breach of an obligation. If the obligation arises from contract, the Court is guided by: A) Chapter III B) Chapter II (Specific Performance) C) Chapter I D) Chapter IV Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Chapter II (Specific Performance)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Under Section 3, the definition of "settlement" specifically EXCLUDES: A) A will or codicil B) A deed of gift C) A contract of sale D) A trust deed Explanation: According to Section 3 of The Specific Relief Act, 1877, the legally correct resolution is "A will or codicil". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Rescission of a contract in writing cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be: A) Restored to substantially the same position as if the contract had not been made B) Arrested C) Compensated fully D) Fined Explanation: According to Sections 12 & 21 (Specific Performance of Contract) 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. 8 / 50 Section 21A requires the contract for sale of immovable property to be in writing and registered, whether or not the transferee has: A) Paid the full amount B) Seen the property C) Taken possession of the property or any part thereof D) Applied for mutation Explanation: According to Section 21A of The Specific Relief Act, 1877, the legally correct resolution is "Taken possession of the property or any part thereof". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 A contracts to sell a house and garden. He fells the ornamental trees without consent. A cannot enforce specific performance because he has: A) Violated an essential term of the contract B) Committed theft C) Acted as a trustee D) Increased the property value Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Violated an essential term of the contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 According to Section 3, any instrument (other than a will or codicil) whereby the destination of successive interests in property is disposed of is called a: A) Obligation B) Contract C) Trust D) Settlement Explanation: According to Section 3 of The Specific Relief Act, 1877, the legally correct resolution is "Settlement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 A contracts to sell 100 maunds of rice to B. B sues for specific performance. The Court decides specific performance is not proper but awards B compensation. This illustrates: A) Section 21 B) Section 24 C) Section 19 (second paragraph) D) Section 12 Explanation: According to Section 19 of The Specific Relief Act, 1877, the legally correct resolution is "Section 19 (second paragraph)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 For the purpose of Section 54, a trademark is considered: A) Public domain B) Property C) Personal right D) Invalid Explanation: According to Section 54 of The Specific Relief Act, 1877, the legally correct resolution is "Property". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Under Section 21A, what must a party deposit in court at the time of filing a suit for specific performance of a contract for sale of immovable property? A) 10% of the consideration B) The balance amount of consideration C) A police report D) The original deeds Explanation: According to Section 21A of The Specific Relief Act, 1877, the legally correct resolution is "The balance amount of consideration". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Section 23(h), when promoters of a public company have entered into a contract for the purposes of the company before its incorporation, who may obtain specific performance? A) The creditors B) Any shareholder C) Only the promoters D) The company (if warranted by incorporation terms) Explanation: According to Section 23 of The Specific Relief Act, 1877, the legally correct resolution is "The company (if warranted by incorporation terms)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 A perpetual injunction is granted by: A) An interim application B) An arbitrator C) The decree made at the hearing and upon the merits D) A police magistrate Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "The decree made at the hearing and upon the merits". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 A contracts to execute certain works which the Court cannot superintend. Under Section 21, this contract: A) Must be performed B) Requires government supervision C) Is void ab initio D) Cannot be specifically enforced Explanation: According to Section 21 of The Specific Relief Act, 1877, the legally correct resolution is "Cannot be specifically enforced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Specific performance cannot be enforced in favour of a person who has already chosen his remedy and obtained satisfaction for the: A) Contract signing B) Registration costs C) Court fees D) Alleged breach of contract Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Alleged breach of contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 Throughout the Specific Relief Act, words like "Pakistan" and "Central Government" were substituted by the Bangladesh Laws (Revision and Declaration) Act of: A) 1973 B) 1974 C) 1972 D) 1971 Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "1973". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Under Section 19, compensation awarded may be assessed in such manner as the: A) Plaintiff demands B) Court may direct C) Defendant offers D) Arbitrator decides Explanation: According to Section 19 of The Specific Relief Act, 1877, the legally correct resolution is "Court may direct". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Specific performance cannot be enforced against a party if his assent was given under the influence of mistake of fact, misapprehension, or: A) Anger B) Surprise C) Poverty D) Greed Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Surprise". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Section 7 states that specific relief cannot be granted for the mere purpose of enforcing: A) A penal law B) A contractual obligation C) An equitable duty D) A civil right Explanation: According to Section 7 of The Specific Relief Act, 1877, the legally correct resolution is "A penal law". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 According to Section 11(a), specific delivery of moveable property can be compelled when the thing claimed is held by the defendant as the: A) Buyer in good faith B) Agent or trustee of the claimant C) Finder of lost goods D) Owner Explanation: According to Section 11 of The Specific Relief Act, 1877, the legally correct resolution is "Agent or trustee of the claimant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Section 27A regarding part performance applies if the lessee being already in possession continues in possession in part performance and has: A) Sublet the property B) Refused to pay rent C) Damaged the property D) Done some act in furtherance of the contract Explanation: According to Section 27A of The Specific Relief Act, 1877, the legally correct resolution is "Done some act in furtherance of the contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 Under Section 26(b), a plaintiff cannot obtain specific performance without variation if the defendant entered into the contract under a reasonable misapprehension as to its effect due to: A) Coercion B) Lack of legal advice C) Fraud, mistake of fact, or surprise D) Intoxication Explanation: According to Section 26 of The Specific Relief Act, 1877, the legally correct resolution is "Fraud, mistake of fact, or surprise". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 A contracts to marry B. This contract: A) Is specifically enforceable under civil law B) Cannot be specifically enforced C) Is enforceable if a dowry was paid D) Requires a mandatory injunction Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Cannot be specifically enforced". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Section 31 deals with the rectification of instruments due to: A) Death of a party B) Fraud or mutual mistake C) Change of mind D) Insolvency Explanation: According to Section 31 of The Specific Relief Act, 1877, the legally correct resolution is "Fraud or mutual mistake". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Mandatory injunctions under Section 55 are used to: A) Stop all activities B) Issue arrest warrants C) Compel the performance of certain requisite acts D) Cancel contracts Explanation: According to Section 55 of The Specific Relief Act, 1877, the legally correct resolution is "Compel the performance of certain requisite acts". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 The jurisdiction to decree specific performance under Section 22 is capable of correction by: A) A Court of appeal B) The Law Ministry C) The Supreme Court only D) The Bar Council Explanation: According to Section 22 of The Specific Relief Act, 1877, the legally correct resolution is "A Court of appeal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Section 15, if a party cannot perform a considerable portion of his contract, he himself: A) Can obtain a decree for specific performance B) Can demand double compensation C) Is not entitled to obtain a decree for specific performance D) Can force the other party to accept part performance Explanation: According to Section 15 of The Specific Relief Act, 1877, the legally correct resolution is "Is not entitled to obtain a decree for specific performance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 Can an order or decree passed in a suit instituted under Section 9 be reviewed? A) Yes, by the High Court B) Yes, by the same judge C) Only in exceptional circumstances D) No, nor shall any appeal lie Explanation: According to Section 9 of The Specific Relief Act, 1877, the legally correct resolution is "No, nor shall any appeal lie". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 In a contract for the sale of a house, it is agreed that part of the furniture should be taken at a valuation. The court may direct specific performance notwithstanding they are unable to agree as to: A) The price of the house B) The boundary of the lands C) The registration date D) The valuation of the furniture Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "The valuation of the furniture". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Section 40 allows the Court to cancel an instrument: A) Only if unregistered B) Only if it's a will C) In part and allow it to stand for the residue D) Only entirely Explanation: According to Section 40 of The Specific Relief Act, 1877, the legally correct resolution is "In part and allow it to stand for the residue". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 The Specific Relief Act presumes that the breach of a contract to transfer moveable property: A) Cannot be relieved by compensation B) Is an irreparable loss C) Requires specific performance D) Can be adequately relieved 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 "Can be adequately relieved by compensation in money". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Explanation to Section 12 states that the breach of a contract to transfer moveable property: A) Cannot be adequately relieved by compensation B) Is a criminal offense C) Can be adequately relieved by compensation in money (unless proved otherwise) D) Must always be specifically enforced Explanation: According to Section 12 of The Specific Relief Act, 1877, the legally correct resolution is "Can be adequately relieved by compensation in money (unless proved otherwise)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 If a person entitled to the immediate possession of a specific moveable property seeks to recover it, and compensation would not afford adequate relief, the court may: A) Award punitive damages B) Order a public auction C) Compel the defendant specifically to deliver it D) Arrest the defendant Explanation: According to Sections 8 & 9 (Recovery of Possession) of The Specific Relief Act, 1877, the legally correct resolution is "Compel the defendant specifically to deliver it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 An injunction may be granted to prevent an invasion of property where the invasion is such that pecuniary compensation would not afford: A) Any relief B) Punitive damages C) Speedy justice D) Adequate relief Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Adequate relief". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 A decree under Chapter VI (Declaratory Decrees) is binding on: A) Witnesses B) Everyone globally C) Only the parties to the suit, persons claiming through them, and trustees D) The government Explanation: According to Section 42 (Declaratory Decree) of The Specific Relief Act, 1877, the legally correct resolution is "Only 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. 38 / 50 Section 18(a) states that if a vendor has imperfect title but subsequently acquires any interest in the property, the purchaser may: A) Compel him to make good the contract out of such interest B) Cancel the contract C) Claim the interest for free D) Sue for fraud Explanation: According to Section 18 of The Specific Relief Act, 1877, the legally correct resolution is "Compel him to make good the contract out of such interest". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Under Section 14, if the unperformed part of a contract is small and admits of compensation, the Court may direct specific performance and: A) Award compensation in money for the deficiency B) Cancel the entire contract C) Demand a new contract D) Punish the defaulting party Explanation: According to Section 14 of The Specific Relief Act, 1877, the legally correct resolution is "Award compensation in money for the deficiency". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 The dismissal of a suit for specific performance bars the plaintiff's right to sue for: A) Rescission B) Rectification C) Declaratory decree D) Compensation for the breach of such contract Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Compensation for the breach of such contract". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Under Section 57, an injunction to perform a negative agreement can be granted even if the affirmative agreement cannot be specifically enforced, provided the applicant has: A) Signed a new contract B) Paid a security deposit C) Forgiven the breach D) Not failed to perform the contract so far as it is binding on him Explanation: According to Section 57 of The Specific Relief Act, 1877, the legally correct resolution is "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. 42 / 50 The appointment of a receiver under Section 44 is: A) Decided by the jury B) Mandatory C) Forbidden D) Discretionary Explanation: According to Section 44 of The Specific Relief Act, 1877, the legally correct resolution is "Discretionary". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 A plaintiff suing for specific performance may pray in the alternative that if the contract cannot be enforced, it may be: A) Modified by the judge B) Kept pending C) Transferred to arbitration D) Rescinded and delivered up to be cancelled Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "Rescinded and delivered up to be cancelled". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 A contract which runs into such minute or numerous details that the Court cannot enforce specific performance of its material terms is covered under: A) Section 21(c) B) Section 21(d) C) Section 21(b) D) Section 21(a) Explanation: According to Section 21 of The Specific Relief Act, 1877, the legally correct resolution is "Section 21(b)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Any person against whom a written instrument is void or voidable may sue to have it adjudged void or voidable if he has reasonable apprehension of: A) Slight delay B) Social embarrassment C) Minor monetary loss 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. 46 / 50 For rectifying a contract, the Court must be satisfied that all parties intended to make an: A) Exact copy B) Oral commitment C) Unbreakable bond D) Equitable and conscientious agreement Explanation: According to Sections 12 & 21 (Specific Performance of Contract) 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. 47 / 50 A contracts to sell land to B for 5000 Taka. B takes possession. A sells to C for 6000 Taka. C makes no inquiry. B's possession is sufficient to affect C with: A) Defamation B) Trespass charges C) Criminal liability D) Notice of his interest Explanation: According to Sections 8 & 9 (Recovery of Possession) of The Specific Relief Act, 1877, the legally correct resolution is "Notice of his interest". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 A person suing for specific performance may also ask for compensation for its breach, either in addition to, or in substitution for, such performance under which section? A) Section 15 B) Section 19 C) Section 12 D) Section 21 Explanation: According to Section 19 of The Specific Relief Act, 1877, the legally correct resolution is "Section 19". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Specific performance may be enforced against any person claiming under a title arising subsequently to the contract, EXCEPT: A) A transferee for value who paid in good faith and without notice B) A business partner C) A family member D) A tenant Explanation: According to Sections 12 & 21 (Specific Performance of Contract) of The Specific Relief Act, 1877, the legally correct resolution is "A transferee for value who paid in good faith and without notice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 An injunction CANNOT be granted to stay proceedings in a Court: A) Subordinate to the issuing Court B) Located in a different district C) Not subordinate to that from which the injunction is sought D) Handling civil matters Explanation: Under the statutory provisions of The Specific Relief Act, 1877, the legally correct resolution is "Not subordinate to that from which the injunction is sought". 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 8 Next: Specific Relief Act Model Test 10 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print