Under the principles of contract law and the Specific Relief Act, the suppression of a material fact—such as a right of way—that the seller is aware of constitutes a misrepresentation. This entitles the aggrieved party, the buyer, to rescind the contract because their consent was obtained through the concealment of a significant encumbrance.
4262
According to Section 5 of the Specific Relief Act, how many distinct ways are provided for granting relief?
Section 5 of the Specific Relief Act, 1877, specifies that specific relief is obtained by taking possession of certain property, ordering a party to do the very act which he is under an obligation to do, preventing a party from doing that which he is under an obligation not to do, determining and declaring the rights of parties, or appointing a receiver.
4263
In which section of the Contract Act, 1872, is a 'Contingent Contract' defined?
A contingent contract is defined in Section 31 of the Contract Act, 1872. Since Section 31 is not listed in the options provided, 'None of above' is the correct choice.
4264
To which judicial forum must an application under Section 45 of the Specific Relief Act be submitted?
Section 45 of the Specific Relief Act, 1877, grants the High Court the power to issue orders requiring specific acts to be done or forborne by public officials or corporations. This jurisdiction is specifically vested in the High Court, reflecting its role in supervising the performance of public duties and ensuring that administrative actions remain within the bounds of the law.
4265
Which section of the Specific Relief Act provides a remedy for a person dispossessed of immovable property without their consent?
Section 9 of the Specific Relief Act, 1877, provides a summary procedure for the recovery of possession of immovable property. If a person is dispossessed without their consent otherwise than in due course of law, they may file a suit to recover possession, regardless of any other title that may be set up in the suit. This section focuses on the protection of possession rather than ownership.
4266
What does Section 24 of the Specific Relief Act, 1877, primarily address?
Section 24 of the Specific Relief Act, 1877, specifies the circumstances under which a person is barred from obtaining specific performance of a contract. It outlines various legal impediments, such as personal bars or lack of entitlement, that prevent a plaintiff from seeking the equitable remedy of specific performance, thereby limiting the scope of judicial intervention in contractual disputes.
4267
What is the nature of the court's authority when granting preventive relief under Section 52 of the Specific Relief Act?
Preventive relief under Section 52 of the Specific Relief Act is granted through perpetual injunctions. The granting of such relief is not a matter of absolute right for the plaintiff but is subject to the judicial discretion of the court, which must weigh the balance of convenience and the necessity of preventing a breach of obligation.
4268
If a party (A) enters into a contract to convey land to (B) by a specific date but dies intestate before the deadline without completing the conveyance, what are the rights of (B)?
Under the principles of specific performance, contractual obligations generally survive the death of the promisor. Therefore, the promisee (B) is entitled to enforce the contract against the legal representatives or heirs of the deceased promisor (A), provided the contract is not of a personal nature that terminates upon death.
4269
On what date was the Specific Relief Act, 1877, officially enforced?
The Specific Relief Act was passed by the Legislative Council of India and received the assent of the Governor-General on February 7, 1877. According to the commencement clause of the Act, it came into force on the first day of May 1877. This date marks the official beginning of the application of these civil remedies within the legal system.
4270
Which section of the Contract Act, 1872, provides the definition of 'Free Consent'?
Section 14 of the Contract Act, 1872, defines 'Free Consent'. It states that consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake.