MCQ 01 March 2024

Daily MCQs for Judiciary Prelims Exams - (01 March 2024)



Question/ Answer
Question1:- For using which writ the principles of Res Judicata are not applicable?
  • (a) Habeas Corpus
  • (b) Mandamus
  • (c) Prohibitio
  • (d) Quo Warranto
Answer is A is correct. Principle of res judicata which is dealt under Section 11 of CPC does not apply to writ of habeas corpus though on all other writs. Therefore option (a) is the correct answer.
Question2:- Cost for causing delay under Section 35B of CPC shall not be more than
  • (a) Rs. 3000
  • (b) Rs. 5000
  • (c) Rs. 1000
  • (d) Whatever reasonably sufficient in the opinion of the Court
Answer is D is correct. There is no upper limit under Section 35B of CPC and whatever reasonably sufficient in the option of the court can be ordered to be paid by the court in causing delay. Therefore option (d) is the correct answer.
Question3:- The Code of Civil Procedure (Amendment) Act, 2002 came into force on
  • (a) 1st April, 2002
  • (b) 1st June, 2002
  • (c) 6th June, 2002
  • (d) 1st July, 2002
Answer is D is correct. The Amendment Act 46 of 1999 and 22 of 2002 came into force on 1 st July 2002. Therefore option (d) is the correct answer.
Question4:- Executing Court cannot determine the question related to
  • (a) Discharge of the decree
  • (b) Satisfaction of the decree
  • (c) Execution of the decree
  • (d) Legality of the decree
Answer is D is correct. Executing court has the power to determine questions relating to discharge, satisfaction and execution of the decree but it has not power as per Section 47 of CPC to determine legality of the decree. Therefore option (d) is the correct answer.
Question5:- In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 2002?
  • (a) Salem Advocate Bar Association, Tamil Nadu v. Union of India
  • (b) Delhi High Court Bar Association v. Union of India
  • (c) Allahabad High Court Bar Association v. Union of India
  • (d) Punjab and Haryana High Court Bar Association v. Union of India
Answer is A is correct. In Salem Advocate Bar Association v UOI the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 2002. Therefore option (a) is the correct answer.
Question6:- A decree can be
  • (a) Preliminary
  • (b) Final
  • (c) First preliminary then final
  • (d) Either preliminary or final
Answer is D is correct. A decree as per Section 2(2) of CPC can be either preliminary or final in nature. Therefore option (d) is the correct answer.
Question7:- Where an attachment has been made in execution of a decree any private transfer or delivery of the property attached
  • (a) May be void as against all claims enforceable under the property attached
  • (b) Shall be void as against all claims enforceable under the property attached
  • (c) Shall be voidable at the option of the decree-holder
  • (d) None of the above
Answer is B is correct. As per Section 64 of CPC all the attachments made in execution of a decree of any private transfer shall be void as against all claims enforceable under the property attached. Therefore option (b) is the correct answer.