All Free Law and Constitution MCQs with Answers

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2,940 questions · page 48 of 147

  • A. Revenue Courts
  • B. Criminal Courts
  • C. Family Courts
  • D. None of the these

Explanation: Section 5 deals specifically with applying the Code of Civil Procedure to Revenue Courts, subject to any special or local law governing…

Correct answer: Revenue Courts
  • A. Judgment
  • B. Order
  • C. None of the above
  • D. None of the these

Explanation: Under section 2(14), an order is the formal expression of a civil court’s decision that is not a decree.

Correct answer: Order
  • A. Judgment debtor
  • B. Legal representative
  • C. None of the these
  • D. Mesne profit

Explanation: Section 2(12) defines mesne profits as profits received, or that could have been received with ordinary diligence, by a person in wrongful…

Correct answer: Mesne profit
  • A. Legal representative
  • B. Pleader
  • C. Guardian
  • D. None of the these

Explanation: A legal representative is the person who legally represents the estate of a deceased person, including someone who intermeddles with that…

Correct answer: Legal representative
  • A. 2(7) C.P.C.
  • B. 2(9) C.P.C.
  • C. 2(8) C.P.C.
  • D. None of the these

Explanation: Section 2(9) defines judgment as the statement given by the judge of the grounds for a decree or order.

Correct answer: 2(9) C.P.C.
  • A. Decree defaulter
  • B. Decree debtor
  • C. Decree holder
  • D. None of the these

Explanation: A decree-holder is the person in whose favour a decree has been passed or an executable order has been made.

Correct answer: Decree holder
  • A. 2(2),
  • B. 3(2),
  • C. 4(2),
  • D. None of the these

Explanation: Section 2(2) defines a decree as the formal expression of an adjudication that conclusively determines the rights of the parties regarding…

Correct answer: 2(2),
  • A. Judgment
  • B. Decree
  • C. Order
  • D. None of the these

Explanation: A decree conclusively determines the rights of the parties in a suit and follows the adjudication expressed in the judgment.

Correct answer: Decree
  • A. 155,
  • B. 156,
  • C. 158,
  • D. None of the these

Explanation: The Code of Civil Procedure, 1908 contains 158 sections, followed by schedules including the First Schedule of Orders.

Correct answer: 158,
  • A. 21st January, 1908
  • B. 21st February, 1908
  • C. None of the these
  • D. 21st March, 1908

Explanation: The Code of Civil Procedure, 1908 received assent on 21 March 1908, although it came into force on 1 January 1909.

Correct answer: 21st March, 1908
  • A. Section 95
  • B. Section 115
  • C. Section 114
  • D. None of the these

Explanation: The relevant provision applies the procedure in Order XLI, Rule 38 to proceedings under Section 115, which concerns revision by the High…

Correct answer: Section 115
  • A. Provincial Small Causes Courts
  • B. None of the above
  • C. Presidency Small Causes Courts
  • D. None of the these

Explanation: Order LI of the CPC deals with Presidency Small Causes Courts. Provincial Small Causes Courts are dealt with separately under Order L.

Correct answer: Presidency Small Causes Courts
  • A. Presidency Small Causes Courts
  • B. None of the these
  • C. High Courts
  • D. Provincial Small Causes Courts

Explanation: Order XVIII, Rules 5 to 12, relating to recording evidence and examination of witnesses, are excluded in proceedings before Provincial…

Correct answer: Provincial Small Causes Courts
  • A. High Courts
  • B. Provincial Small Causes Courts
  • C. Special Courts
  • D. None of the these

Explanation: For Chartered High Courts, Order XLIX excludes the application of certain CPC provisions, including Order VII, Rules 10 and 11.

Correct answer: High Courts
  • A. Government
  • B. The party on whose behalf it is issued unless the Court otherwise directs
  • C. Both A and B
  • D. None of the these

Explanation: Order XLVIII, Rule 1 places the expense of serving a process on the party at whose instance it is issued, unless the court directs…

Correct answer: The party on whose behalf it is issued unless the Court otherwise directs
  • A. When ever Court like
  • B. None of the above
  • C. Upon application of applicant if it justify. His absence in satisfactory manners
  • D. None of the these

Explanation: A review application dismissed for the applicant's non-appearance may be restored when the applicant shows sufficient and satisfactory…

Correct answer: Upon application of applicant if it justify. His absence in satisfactory manners
  • A. None of the these
  • B. The Session Court
  • C. High Court
  • D. The Court which passed the order or decree

Explanation: A review must normally be sought before the same court that passed the decree or order, because that court is empowered to reconsider its…

Correct answer: The Court which passed the order or decree
  • A. 7
  • B. 6
  • C. 5
  • D. None of the these

Explanation: Order XLVI of the CPC, concerning references to the High Court, contains seven rules.

Correct answer: 7
  • A. 13
  • B. 11
  • C. 9
  • D. None of the these

Explanation: Order XLVII, which governs review of judgments and orders, contains nine rules.

Correct answer: 9
  • A. When the executing Court faces doubt in question of law
  • B. When executing Court Faces doubt in question of usage
  • C. None of the these
  • D. Both A and B

Explanation: A reference may be made when the executing court has a reasonable doubt about a question of law or a usage having the force of law.

Correct answer: Both A and B