Mains Questions

SPECIFIC RELIEF ACT

Rectification, Rescission and Cancellation of Instrument (Ss. 26-33)

Q. 1. Distinguish between Rectification, Rescission and Cancellation of Instrument. [B&JJS 1984]

Q. 2. Distinguish between rectification and rescission of a contract. [HJS 1988]

Q. 3. Discuss briefly the principles underlying rescission of contracts by the court. When the court may refuse to rescind a contract? [HJS 1996]

Q. 4. What do you understand by the Cancellation of instruments? When Cancellation may be ordered? What is the principle of compensation on cancellation? [HJS 1998]

Q. 5. What are the limits within which a court may permit rectification? Whether the relief in this regard is discretionary or mandatory upon the court? [HJS 2015]

Q. 6. How can a contract be rescinded by a party to it in case the other party is not available and can’t be served notice? [HJS 2015]

Q. 7. Who can bring a suit for the rescission of a contract and on what grounds? [RJS 1988]

Q. 8. A had agreed to sell a house to B 15 lacs. Rs. 5 lacs are paid as advance. After one month further Rs. 5 lacs are paid and A put B in possession of house and balance amount of Rs. 5 lacs are to be paid on completion of paper work and registration of sale deed. A fails to keep his commitment. B files a suit for specific performance of contract which is decreed. Court allows B two months time to make balance payment. However within the time allowed by Court decree B fails to make payment of Rs. 5 lacs. A then applies for rescission of decree and contract. Will A succeed? Discuss. [DJS 1996]

Q. 9. A had agreed to sell his house to B for Rs. 15 lacs. Rs.5 lacs were paid as advance. After one month, further Rs. 5 lacs was paid and A put B in possession of the house and balance amount of Rs. 5 lacs was to be paid on completion of paper work and registration of sale deed. A fails to keep his commitment, B filed suit for specific performance of contract which is decreed. Court allows B a period of 2 months to make the balance payment. However, B fails to make the payment of Rs. 5 lacs within the time allowed by the court decree. A then applies for rescission of decree and contract. Will he succeed? [DJS 2006]

Q. 10. ‘A’ agreed to purchase from ‘B’ under two contracts 400 tons of wheat to be delivered on 1.1.2006 and 23.2.2006. ‘A’ having failed to take delivery on 1.1.2006, B claimed to rescind both the contracts. ‘A’ sues for damages. Is ‘A’s suit maintainable? What are the situations in which court an refuse rescission of a contract? Decide. [DJS 2006]

Q. 11. Describe the grounds when court may order for cancellation of instrument? Whether an instrument may be partially cancelled. [MPJS 2011]

Q. 12. Under what circumstances can a person sue for the cancellation of an instrument? [MPJS 2015]

Q. 13. Briefly discuss the provisions relating to rectification of instruments and rescission of contract in the light of Specific Relief Act, 1963. [UPJS 2006]

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