Important questions of Specific Relief Act, 1963
1. How would you introduce Specific Relief Act, 1963 to a new law student?
2. Write a note on 2018 Amendment of Specific Relief Act,1963.
3. What do you understand by “specific relief? Whether specific relief can be granted for enforcement of criminal law? (UPJS 2016)
4. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act?
5. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act?
6. A contracts to sell a piece of land to B for Rs. 20,000 and then puts him in possession of it. But he subsequently sells the same plot to C for Rs. 25,000. There upon C takes forcible possession of the property from B.Advise B as regards his remedies.
7. Explain the provisions relating to recovery of possession of a specific movable and immovable property under the Specific Relief Act, 1963. (RJS 2014)
8. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement as she was owner of one half share having devolved upon her on death of her son. In the notice she stated that she was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide. (DJS 2011)
9. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006)
10. Whether following contracts can be specifically enforced:
(i) A contracts with B to sing for the latter for one year at B’s theater;
ii) A contract of transfer of immovable property;
(iii) A contract to sell a picture by a well known dead painter;
(iv) A contract to charter an aeroplane;
(v) A contract to refer a dispute to arbitration.(DJS 2005)
11. Will the following contracts be specifically enforceable if so, under what circumstances?
(i) A contract to construct a building.
ii) A contract to execute a mortgage.
(iii) A contract to sell property to which the seller has no title at the time of the contract but which he acquires later on.
12. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006)
13. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement a s s h e w a s owner of one half share having devolved upon her on death of her son. In the notice she stated that s h e was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide (DJS 2011)
14. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011)
15. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011)
16. Detail the circumstances under which specific performance of a contract can not be enforced. Can the following contracts be enforced:
(i) A contract to execute a mortgage;
ii) A contract to lend Rs. 2000/-;
(iii) A contract to construct a building(UP 1982)
17. Distinguish between Rectification, Recission and Cancellation of instrument.
18. Enumerate cases in which the court may properly exercise discretion not to decree specific performance (MPJS 2014)
19. Whether a enforcement of a contract is obligatory or discretionary by a court?
20. A had agreed to sell his house to B for Rs. 15 lacs. Rs.5 lacs were paid as advance. After one month, further Rs. 5 lacs was paid and A put B in possession of the house and balance amount of Rs. 5 lacs was to be paid on completion of paper work and registration of contract which is decreed.Court allows B a period of 2 months to make the balance payment. However, B fails to make the payment of Rs. 5 lacs within the time allowed by the court decree.A then applies for rescission of decree and contract. will he succeed? (DJS 2006)
21. Describe the grounds when court may order for cancellation ot instrument ? Whether an instrument may be partially cancelled. (MPJS 2011)
22. Discuss with example the distinction between declaratory relief and Consequential Relief.
23. What do you mean by declaration? Explain when declaration is refused and the effect of declaration. (BJS2014)
24. Is a suit maintainable for mere declaration by a Government employee that the order of his dismissal from service is illegal,without seeking lor the relief regarding arrears of salary ete, in view of proviso to section 34 of the Specific Relief Act . (DJS 2000)
25. ‘A & Co’ is engaged in the business of manufacture and sale of railway products like wagons, bogies ete. B India Ltd; a government owned undertaking allotted to ‘A and Co; a contract tor the supply of bogies in Jan 2004. In compliance wilh the terms of the contract between the parties A & Co;furnished a performance guarantee being a bank guarantee for Rs. 10 lakhs issued on Bank ‘C. The guarantee is unconditional and obliges the bank ‘C, to pay to’B India Ltd.” the amount guaranteed upon it on making a written demand declaring ‘A & Co; to be in default under the contract. By December 2004, “A & Co; had to supply 200 out ot 400 wagons which it failed to do. ‘B India Ltd.’ extended the time for performance to July 2005 but again ‘A &e Co. delaulted. B India Ltd.’ terminated the contract by an order dated August 1, 2005.India Ltd; simultaneously called upon bank “C’ to remit to its account a sum of Rs. 10 lakhs towards the performance guaranteed furnished. ‘A & Co.’ moves the court for injunction against invocation of bank guarantee. Can injunction be granted? Decide. (DJS 2006)
26. Paintiff, a sports broadcaster in India, approached the Court with the plea that it has exclusive Television Rights, Radio Rights, Mobile Transmission Rights and Broadband Internet Transmission Rights in respect of 2014 Cricket World Cup, which the plaintiff secured by making substantial investments. It is the case of the plaintiff that given the significant investments made by the plaintif in acquiring exclusive Transmission Rights, it is imperative for the plaintiff to ensure that its exclusive and statutory rights are not infringed by the websites which have not made any investments in acquisition of such rights. Plaintiff seeks ex-parte injunction against not only some known broadcasters and websites but also against unknown entities to restrain them form hosting, streaming, broadcasting rebroadcasting, retransmitting, exhibitin,downloading and so on. Decide the prayer for ex-parte injunction. (DJS 2014)
27. What are the cases contemplated under the Specific Relief Act in which the relief of injunction cannot be granted?Can injunction be granted to perform a negative agreement? If so when? (MPJS 2013)
28. Can a permanent injunction be granted to restrain the landlord from evicting the tenant from the premises in his possession? (DJS 1991)
29. Explain the terms “mandatory injunction’. Can mandatory injunctions be issued in the following cases:
(a) To restrain a person from moving a Court for the
redressal of his grievances;
(b) To restrain the publication of a libel?
30. X Ltd, which its in the business of manufacture and sale of air conditioners, appointed Y as their sole and exclusive dealer for the NCT of Delhi .The dealership aggrement, which was tor 5 years, provided that on every sale Y would be paid a 5% commission in addition to transportation and installation charge at the rate ot Rs. 1,000/- per sale.Within 2 years the officers of X Ltd received complaints from customers as to the rude behaviour of the employees of Y and faulty installation of air conditioners. There were also reports received that Y was also selling the air conditioners of Z Ltd; a rival of X Ltd. X Ltd terminated the dealership of Y. In the termination notice reference was placed on clause 2 of the dealership aggrement which e m p o w e r e d X Ltd to terminate the dealership aggrement forthwith in case a dealer acted against its business internet. The dealership aggrement also contained clause 3 which permitted either party to terminate the agreement without assigning any reason upon giving one (1) months notice. Y instituted a suit. In the suit Y prayed for following the following reliefs:
(I) declare that the termination of dealership aggrement was illegal;
ii) specific performance of the agreement for the balance period, i.e.,3 years, and
(iii) damages
X Ltd opposed the suit on the ground that the termination was valid, in the alternative the dealership aggrement was determinable at Will and hence specific performance could not be ordered, and lastly damages, if any, could only be paid only for the 30 days period in terms of clause 3. The evidence on record showed that the complaints against Y were bogus. Y in the past one year had contributed to the
increase of sale of X Ltd in the NCT of Delhi. Discuss what relief, if any, would Y be entitled to?(DJS 2010)
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