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All Free Law and Constitution MCQs with Answers

Every Law and Constitution question in the bank, across all chapters, each with the correct answer and a written explanation. Free and unlimited, with no account needed.

2,940 questions · page 19 of 147

361. A is lawfully in possession of certain land. The inhabitatns of neighbouring village claims a right of way across the land ?

  • A. A may sue for a declaration that they are not entitled to right so claimed
  • B. The villagers may sue for declaration their right of way
  • C. Any stranger person can sue for declaration
  • D. Non of These

Explanation: A person in lawful possession may seek a declaration denying an alleged easement or right of way over the land.

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Correct answer: A may sue for a declaration that they are not entitled to right so claimed

362. Which section of the Specific Relief Act, from the following deals with declaration?

  • A. Section 40, the Specific Relief Act
  • B. Section 41, the Specific Relief Act
  • C. Section 42, the Specific Relief Act
  • D. Non of These

Explanation: Section 42 authorizes a declaratory decree concerning a person’s legal character or property right.

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Correct answer: Section 42, the Specific Relief Act

363. As provided in section 39, of the Specific Relief Act, A the owner of a ship by fraudulently representing her to be seaworthy induces B an underwriter, to insure her ?

  • A. A may obtain the cancellation of the policy
  • B. B may obtain the cancellation of the policy
  • C. None of the above may obtain the cancellation of the policy
  • D. Non of These

Explanation: The insurer, B, was induced by A’s fraudulent misrepresentation, so B may seek cancellation of the policy under section 39.

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Correct answer: B may obtain the cancellation of the policy

364. Section 31 to 34, of the Specific Relief Act, deals with ?

  • A. Rectification of the instrument
  • B. Recession of contract
  • C. Cancellation of instrument
  • D. Non of These

Explanation: Sections 31 to 34 form the provisions on rectification of instruments, allowing a written instrument to be corrected when it fails to…

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Correct answer: Rectification of the instrument

365. A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land B?

  • A. May compels A's heirs or other representative in the interest to perform the contract specifically
  • B. Can not compels A's heirs or other representatives in interest to perform the contract specifically
  • C. May claim against State.
  • D. Non of These

Explanation: A contract to convey land generally binds the promisor’s representatives in interest, so B may compel A’s heirs or other representatives…

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Correct answer: May compels A's heirs or other representative in the interest to perform the contract specifically

366. A, in the character of agent for B enters into an agreement with C to buy C's house A is in reality acting not as agent for B but on his on account ?

  • A. A cannot enforce specific performance of this contract
  • B. A can enforce specific performance of this contract
  • C. Both (a) and (b)
  • D. Non of These

Explanation: An agent cannot obtain specific performance where he was only ostensibly acting for the principal but was actually contracting for…

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Correct answer: A cannot enforce specific performance of this contract

367. Section 23, of the Specific Relief Act deals with____________?

  • A. The persons who may obtain specific performance of a contract
  • B. The contracts which may specifically be enforced
  • C. The persons against whom specific performance can not be granted
  • D. Non of These

Explanation: Section 23 identifies the persons entitled to obtain specific performance, including parties to the contract, their representatives in…

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Correct answer: The persons who may obtain specific performance of a contract

368. Specific performance of a Contract can be sought upon ?

  • A. Written agreements
  • B. Oral agreement
  • C. Both (a) and (b)
  • D. Non of These

Explanation: Specific performance may be sought for either a written or an oral agreement, provided the agreement is valid, sufficiently certain and…

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Correct answer: Both (a) and (b)

369. A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the?

  • A. The Specific Relief Act, 1877
  • B. The Code of Civil Procedure
  • C. The Contract Act, 1872
  • D. Non of These

Explanation: Recovery of specific movable property is pursued through the procedure provided by the Code of Civil Procedure, while the Specific Relief…

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Correct answer: The Code of Civil Procedure

370. As per section 7, of the Specific Relief Act, specific relief can not be granted for the mere purpose of enforcing a__________ law?

  • A. Constitutional
  • B. Civil
  • C. Penal
  • D. Non of These

Explanation: Specific relief is a civil remedy and cannot be used merely to enforce a penal law.

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Correct answer: Penal

371. Every application made under Section 45, of the Specific Relief Act, must be accompanied with affidavit from ?

  • A. Injured person
  • B. Respondents
  • C. None of the above
  • D. Non of These

Explanation: An application under Section 45 must be supported by an affidavit from the person claiming to have been injured.

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Correct answer: Injured person

372. As per section 5, of The Specific Relief Act provides________ ways through which relief can be given?

  • A. 5
  • B. 7
  • C. 10
  • D. Non of These

Explanation: Section 5 lists five modes of granting specific relief: delivery of possession, compelling an act, preventing an act, declaring rights and…

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Correct answer: 5

373. Relief can not be granted for agreements which are ?

  • A. Enforceable by law
  • B. Not enforceable by law
  • C. Both (a) and (b)
  • D. Non of These

Explanation: Specific relief presupposes an obligation or agreement enforceable by law; an unenforceable agreement cannot support the remedy.

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Correct answer: Not enforceable by law

374. As per section 3, of Specific Relief Act every duty enforceable by law is called ?

  • A. Duty
  • B. Legal duty
  • C. Obligation
  • D. Non of These

Explanation: Section 3 uses “obligation” for every duty enforceable by law. “Legal duty” is a descriptive phrase, but it is not the statutory defined…

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Correct answer: Obligation

375. The Specific Relief Act, was enforced on_______________?

  • A. 1st March 1877
  • B. 1st April 1877
  • C. 1st May 1877
  • D. Non of These

Explanation: The Act came into force on 1 May 1877, as indicated by its commencement provision.

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Correct answer: 1st May 1877

376. Section 56 of the Specific Relief Act, describe conditions when_________________?

  • A. Injunction is granted
  • B. Injunction is refused
  • C. None of the above
  • D. Non of These

Explanation: Section 56 lists circumstances in which an injunction cannot be granted, such as restraining criminal proceedings or proceedings in a…

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Correct answer: Injunction is refused

377. Mandatory injunction is provided in________________?

  • A. Section 53, of the Specific relief Act
  • B. Section 54, of the Specific relief Act
  • C. Section 55, of the Specific relief Act
  • D. Non of These

Explanation: Section 55 deals with mandatory injunctions, which compel a party to perform an act necessary to prevent the breach of an obligation.

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Correct answer: Section 55, of the Specific relief Act

378. Section 54, of the Specific Relief Act deals with ?

  • A. Temporary injunctions
  • B. Perpetual injunctions
  • C. Both A and B
  • D. Non of These

Explanation: Section 54 concerns perpetual injunctions, which finally restrain a threatened or continuing breach of an obligation.

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Correct answer: Perpetual injunctions

379. Temporary injunction granted by the Court is regulated by the_____________?

  • A. Specific Relief Act
  • B. Code of Civil Procedure
  • C. Transfer of Property Act
  • D. Non of These

Explanation: Temporary injunctions are regulated procedurally by the Code of Civil Procedure, particularly Order XXXIX, although the substantive relief…

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Correct answer: Code of Civil Procedure

380. Temporary injunctions can be granted by Court ?

  • A. At early stage of the suit
  • B. At any stage of the case
  • C. At the end of a case
  • D. Non of These

Explanation: A temporary injunction is interlocutory relief and may be granted at any stage of the proceedings when protection of the subject matter is…

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Correct answer: At any stage of the case
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