Mock Tests CLAT Common Law Admission Test Mock Test 1 Part 10

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121. No suit for recovery of possession may be instituted under Section 6 of Specific Relief Act

(a) against Government

(b) against a Public Company

(c) against a Private Company

(d) against all of the above

Ans: (a)

122. Find out the incorrect statement in respect of temporary injunctions

(a) preventive a relief granted at the discretion of the Court

(b) such as are to continue until a specified time or until the further order of the Court

(c) regulated by the Code of Civil Procedure

(d) cannot be granted at any stage of a suit

Ans: (d)

123. In which of the following cases would the specific performance of any contract not be enforced by the Court?

(a) Where the property is not an ordinary article of commerce

(b) Where the property consists of goods which are not easily obtainable in the market

(c) Where compensation in money can be afforded for non-performance of the contract as an adequate relief

(d) Where there exists no standard for ascertaining the actual damage caused by non-performance of the contract

Ans: (c)

124. Which of the following contracts cannot be specifically enforced as per the provision of Section 14 of the Act?

(a) Execution of a formal deed of partnership

(b) Contract for the construction of any building or execution of any other work on land

(c) Contract which is determinable in its nature

(d) Contract to execute a mortgage or furnish any other security for repayment of any loan which the borrower is not willing to repay at once Transfer of Property Act

Ans: (c)

125. How many witnesses are necessary in Shia Muslim marriage?

(a) Two males

(b) One male and two females

(c) No witness is required

(d) Both (a) and (b)

Ans: (c)

126. Under the Transfer of Property Act, 1882 a person is said to have notice of a fact when

(a) he knows the fact

(b) may have knowledge about the fact

(c) could with reasonable cause know the fact

(d) is not at all aware of the fact

Ans: (a)

127. The Transfer of Property Act, 1882 covers

(a) movable property

(b) immovable property

(c) Both (a) and (b)

(d) None of the above

Ans: (d)

128. The rule of lis pendens applies when

(a) the suit or proceeding in which right to immovable property is indirectly in question

(b) a suit or proceeding in which right to immovable property is pending between two persons and one of them sells the property

(c) the suit or proceeding is pending in a court which does not have jurisdiction

(d) litigation is not bonafide but collusive

Ans: (b)

129. An instrument as defined under Section 3 of the Transfer of Property Act, 1882 means

(a) a negotiable instrument

(b) a transferable instrument

(c) a non-testamentary instrument

(d) a will

Ans: (c)

130. Where on a Transfer of Property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, the Transfer is called

(a) conditional transfer

(b) transfer by interest

(c) absolute transfer

(d) contingent transfer

Ans: (d)

Direction (Q. Nos. 131 to 135) Given below is a statement of legal principle, followed by an actual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives given.

131. Principle When a person consents to the infliction of some harm upon himself, he has no remedy in tort.

Facts A person at a motor car race being held on a track owned by the company. During the race there was a collision between two cars. One of which was thrown among the spectator thereby injuring the person. Person filed a suit against the company.

(a) Company is not liable because person impliedly took the risk of injury

(b) Company is not liable because it owned duty of care towards the person

(c) Company is liable

(d) Company is liable because it owned to being of case towards the person

Ans: (a)