Wednesday, May 29, 2024

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PRACTICE MOCK TESTPRELIMSSPECIFIC RELIEF ACTSUBJECT WISE MCQ

RECTIFICATION

  1. Any instrument may be rectified under the Specific Relief Act, 1963 under-
    a) Sec 6
    b) Sec 16
    c) Sec 26
    d) Sec 36
  2. Section 26 of the Specific Relief Act fixes the time limit for the discovery of mistake or fraud to be-
    a) 3month
    b) 6month
    c) 1year
    d) None of the above
  3. In terms of Section 26 of the Specific Relief Act, an instrument-
    a) May be rectified
    b) Can never be rectified
    c) May be rectified only when it fails to express the real intention of the party due to fraud.
    d) May be rectified only when it fails to express the real intention of the party due to fraud or mutual mistake of the parties.
  4. Section 26 of the Act contains the provision regarding-
    a) Recession
    b) Cancellation
    c) Rectification
    d) None of the above
  5. Mistake contemplated under Section 26 of the Act is-
    a) Bilateral mistake
    b) Mutual mistake
    c) Mistake in the framing of the instrument
    d) All of the above
  6. Under the Specific Relief Act, in which of the following cases, the court cannot order rectification of instrument?
    a) Where the instrument through mutual mistake does not express the real intention of the parties.
    b) Where the rectification of the instrument can be done without prejudice to rights acquired by the third person in good faith and for value.
    c) Where the instrument is the articles of association of a company.
    d) Where the instrument through fraud does not express the real intention of the parties.
  7. Remedy of rectification available under Section 26 of the Act relates to-
    a) Matters which were overlooked by the parties.
    b) The formation of the contract
    c) Addition of the terms in the agreement which was not considered.
    d) Mistake in expression of contract only.
  8. Under Section 26 of the Act, the court may direct to rectify an instrument so as to express the real intention of the parties if-
    a) There is a latent mistake
    b) There is a mutual mistake of the parties
    c) There is a patent mistake
    d) There is a mistake of only one party

Answer 1. (c) 2. (d) 3. (d) 4. (c) 5. (d) 6. (c) 7. (d) 8. (b)

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