All Free Law and Constitution MCQs with Answers
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2,940 questions · page 39 of 147
- A. None of the these
- B. Order XLV, Rule 9, of C.P.C.
- C. Order XLV, Rule 10, of C.P.C.
- D. Order XLV, Rule 8, of C.P.C.
Explanation: Order XLV Rule 8 sets out the procedure concerning admission of an appeal to the Supreme Court.
Correct answer: Order XLV, Rule 8, of C.P.C.- A. Mandatory for the party to obtain
- B. Discretion of party to obtain
- C. None of the above
- D. None of the these
Explanation: Under the CPC procedure for an appeal to the Supreme Court, the required certificate from the court whose decree is challenged is a…
Correct answer: Mandatory for the party to obtain- A. Supreme Court
- B. High Court
- C. Revenue Court
- D. None of the these
Explanation: Order XLV specifically regulates civil appeals to the Supreme Court, including the certificate, security and admission of such appeals.
Correct answer: Supreme Court- A. Appeals against foreign judgment
- B. Special appeals
- C. Peuper appeal
- D. None of the these
Explanation: Order XLIV deals with appeals by paupers, meaning persons permitted to appeal without initially paying the required court fee because of…
Correct answer: Peuper appeal- A. Revisable
- B. Reviewable
- C. Appealable
- D. None of the these
Explanation: An order rejecting an application under Order IX Rule 9 to restore a dismissed suit is expressly appealable under Order XLIII Rule 1(c).
Correct answer: Appealable- A. 23
- B. 24
- C. 25
- D. None of the these
Explanation: Order XLIII Rule 1 enumerates 23 categories of orders from which an appeal lies.
Correct answer: 23- A. O. XLI, Rule 29
- B. O. XLI, Rule 28
- C. O. XLI, Rule 29A
- D. None of the these
Explanation: Order XLI Rule 27 governs when additional evidence may be admitted in appeal, while Rule 28 prescribes the method of taking or recording…
Correct answer: O. XLI, Rule 28- A. None of the these
- B. Dismissal of suit after recording additional evidence
- C. None of the above
- D. With recording or submission of additional evidence
Explanation: Order XLI Rule 27 empowers the appellate court to admit additional evidence itself or direct that it be recorded by another court.
Correct answer: With recording or submission of additional evidence- A. Discretionary
- B. Statutory
- C. Procedural
- D. None of the these
Explanation: Remand is exercised under the statutory framework of Order XLI, but the word “may” makes its exercise discretionary rather than automatic.
Correct answer: Discretionary- A. Order XLI, R. 18, of C.P.C.
- B. Order XLI, R. 19, of C.P.C
- C. Order XLI, R. 20, of C.P.C.
- D. None of the these
Explanation: Order XLI Rule 19 permits readmission of an appeal dismissed under Rule 11 or Rule 17 when sufficient cause for the appellant’s absence or…
Correct answer: Order XLI, R. 19, of C.P.C- A. High Court
- B. None of the above
- C. The Court from whose decree the appeal is referred
- D. None of the these
Explanation: Unless the appeal is dismissed at the preliminary hearing under Rule 11, notice of the appeal is sent to the court whose decree is under…
Correct answer: The Court from whose decree the appeal is referred- A. 11 of C.P.C.
- B. 10 of C.P.C.
- C. Rule 9 of C.P.C.
- D. None of the these
Explanation: Order XLI Rule 11 allows the appellate court to dismiss an appeal at the preliminary hearing without sending notice to the court from…
Correct answer: 11 of C.P.C.- A. Send report regarding appeal to High Court
- B. Shall endorse thereon the date of presentation and shell register the appeal
- C. Shall serve notices upon respondents
- D. None of the these
Explanation: Under Order XLI Rule 9, once the memorandum of appeal is admitted, the date of presentation is endorsed on it and the appeal is entered in…
Correct answer: Shall endorse thereon the date of presentation and shell register the appeal- A. Stay of suit by Trial Court
- B. Stay of any order
- C. Stay of execution by Appellate Court
- D. None of the these
Explanation: Order XLI Rule 5(1) concerns stay of execution of the decree by the appellate court.
Correct answer: Stay of execution by Appellate Court- A. 37
- B. 30
- C. 44
- D. None of the these
Explanation: Order XLI, dealing with appeals from original decrees, contains Rules 1 to 37.
Correct answer: 37- A. Salary
- B. Remuneration
- C. Commission
- D. None of the these
Explanation: The payment fixed for a receiver’s services is called remuneration, while salary and commission are not the terminology used in Order XL.
Correct answer: Remuneration- A. 3
- B. 4
- C. 5
- D. None of the these
Explanation: Order XL, concerning receivers, contains five rules, covering appointment, remuneration, duties, enforcement of duties, and appointment of…
Correct answer: 5- A. On application of any party
- B. On its own discretion
- C. On instruction of Court officer
- D. None of the these
Explanation: Order XXXIX Rule 7 authorizes the court to make an interlocutory order for detention, preservation, inspection, or related purposes on the…
Correct answer: On application of any party- A. Interlocutory orders
- B. Permanent injunction
- C. Final orders
- D. None of the these
Explanation: Order XXXIX Rules 6 to 10 deal with interlocutory orders, including detention, preservation, inspection, and delivery of property.
Correct answer: Interlocutory orders- A. Extention of injuctive order
- B. Discharge or setting aside of injunctive order
- C. Costs upon defendant
- D. None of the these
Explanation: Order XXXIX, Rule 4 empowers the court to discharge, vary or set aside an injunction.
Correct answer: Discharge or setting aside of injunctive order