Title SR Act Sub Final [Eng] - Ans.pdf ✅

Amicus Law Academy Amicus Law Academy Topic: SR Act, 1877 Subjective Final Time: 45 Mints Answer 1. Specific relief may be given in how many ways? a) 5 b) 4 c) 3 d) 2 Ans: a 2. An offence under which Act cannot be taken into cognizance by a Magistrate? a) Penal Code b) Negotiable Instrument Act c) Dowry Prohibition Act d) Specific Relief Act Ans: d 3. In which of the following case, ad valorem court fee shall not be paid? A) Cancellation of document B) Partition Suit C) Specific Performance of Contract D) Recovery of Possession Ans: B [Explanation: ad valorem court fees is payable in the suit of Specific performance of contract and cancellation of a document. In suit for recovery of possession instituted under section 8, ad valorem court fees is payable and if instituted under section 8, half of ad valorem court fees is payable. According to the Court-Fees Act, 1870, Section 7 (VIA), if the plaintiff is not in the possession of the disputed property, then ad valorem court fees shall be payable. But as per the 2nd schedule of the Act, if the plaintiff institutes suit for partition while being in the possession of the disputed property then fixed court fees shall be payable. In that case, the answer will be (D)]. 4. What is the period of limitation as per section 9 of the Specific Relief Act, 1877? A) 3 months B) 6 months C) 1 year D) 3 years Ans: B 5. What are the available remedy for a person aggrieved by the decree passed under section 9 of the Specific Relief Act, 1877? A) Appeal B) Review
Amicus Law Academy C) Reference D) Revision Ans: D 6. ‘No ____ shall lie from any order or decree passed in any suit instituted under this section, nor shall any ____of any order or decree be allowed”--- fill in the gaps with appropriate words, as per section 9 of the Specific Relief Act, 1877. A) Revision, Appeal B) Appeal, Review B) Review, Appeal D) Revision, Review Ans: B 7. The period of limitation for instituting suit for dispossessing a person by denying his title in the immovable property? A) 6 months B) 3 years C) 6 years D) 12 years Ans: D [since it is dispossession by denial of title, therefore, the title of the plaintiff exists, meaning the plaintiff has to sue under section 8, so the period of limitation shall be 12 years, but if in only suit for recovery of possession, then under section 9, period of limitation shall be 6 months from such dispossession]. 8. A person entitled to possession of specific immovable property may recover it in the manner prescribed by- A) The Specific Relief Act, 1877 B) The Code of Criminal Procedure, 1989 C) The Code of Civil Procedure, 1908 D) The Constitution of Bangladesh Ans: C 9. ‘X’ is in the possession of a property. ‘Y’, claiming the title and ownership of that property, asks ‘X’ to deliver the possession to Y repeatedly. Under which section of the Specific Relief Act, 1877, ‘X’ may institute a suit? A) 8 B) 9 C) 10 D) 42 Ans: D 10. ‘X’ contracts to sell a house to ‘Y’ for 1 lac taka. The next day the house is destroyed by cyclone. In such case, which of the following shall be correct? A) ‘X’ may claim compensation against ‘Y’ B) ‘Y’ cannot claim compensation against ‘x’ C) ‘Y’ can be compelled to pay the purchase amount of the contract. D) ‘Y’ cannot be compelled to pay the purchase amount of the contract.