MCQ 06 March 2024

Daily MCQs for Judiciary Prelims Exams - (06 March 2024)



Question/ Answer
Question1:- Is Code of Civil Procedure exhaustive in nature?
  • (a) The code is not exhaustive in nature as it extends to other laws
  • (b) The code is exhaustive only on the matters specifically dealt with by it and thus binds all the court
  • (c) The code is exhaustive to all the matters
  • (d) The code is not exhaustive as it is procedural in nature
Answer is B is correct. The code is not exhaustive for the simple reason that legislature is incapable of contemplating all the possible circumstances which may arise in the future litigations and subsequently for providing the procedure for them. Therefore option (b) is the correct answer.
Question2:- An order dismissing a suit for default of appearance of parties
  • (a) Is a decree as per Section 2(2)
  • (b) Is not a decree as per Section 2(a)
  • (c) Is not a decree as per Section 2(2)
  • (d) Is a decree as per Section 2(a)
Answer is C is correct. In Deep Chand v Land Acquisition Officer, the Supreme Court held that a decision on a matter of administrative nature is not a decree; and order dismissing a suit for default of appearance of parties is not a decree. Therefore option (c) is the correct answer.
Question3:- In which the Apex court held that in a single suit several preliminary decree can be passed by the court
  • (a) Shankar v. Chandrakant
  • (b) Sital Prasad Saxena v. Kishori lal
  • (c) Phoolchand v. Gopal Lal
  • (d) Daljit Singh v. Shamsher
Answer is C is correct. In Phoolchand v. Gopal Lal supreme court held that there is nothing in the Code of Civil Procedure which bars a court from passing more than one preliminary decree and hence several decrees can be passed. Therefore option (c) is the correct answer.
Question4:- Foreign court under Section 2(5) of CPC means
  • (a) Final decree can be amended and the decree can go behind the preliminary decree on a matter determined by the preliminary decree
  • (b) Final decree cannot be amended and the decree cannot go behind the preliminary decree on a matter determined by the preliminary decree
  • (c) Final decree can be amended but the decree cannot go behind the preliminary decree on a matter determined by the preliminary decree
  • (d) Final decree cannot be amended but the decree can go behind the preliminary decree on a matter determined by the preliminary decree
Answer is B is correct. Final decree passed under Section 2(2) of the Code cannot be amended and the decree cannot go behind the preliminary decree on a matter determined by the preliminary decree. Therefore option (b) is the correct answer.
Question5:- If a decree awards mesne profit but is silent with regard to interest such a decree shall be construed as
  • (a) Court does not intent to provide interest
  • (b) Mesne profits carry interest in itself
  • (c) Interest has to be specifically mentioned unless then no interest can be assumed
  • (d) Interest is always assumed @ 6%p.a. as per Section 34
Answer is B is correct. Mesne profits under Section 2(12) of the Code provides for profits of the property and interest on such profits. Therefore Privy Council in Girish Chunder v. Shashi Shikhreshwar Roy held that when decree is silent with regard to interest in case of mesne profit that its construes as carrying interest. Therefore option (b) is the correct answer.
Question6:- Which of the following is not a requirement of undue influence?
  • (a) Relationship between the parties
  • (b) Position of dominance on the will of one party by another
  • (c) Abuse of such position of dominance
  • (d) False statement by one of the parties
Answer is D is correct. Undue Influence is defined under Section 16 of the Act as where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Hence no false statement is required in this case. Therefore option (d) is the correct answer.
Question7:- Ramesh employs Suresh to beat Mahesh. Ramesh promises to indemnify Suresh against all the consequences of the act. Suresh beats Mahesh and has to pay damages to Mahesh for the beatings committed upon him
  • (a) Ramesh is liable to indemnity Suresh for those damages
  • (b) Ramesh is not liable to indemnify Suresh for those damages
  • (c) Ramesh is liable to indemnify Mahesh for the loss occurred due to the beatings
  • (d) Ramesh is liable to indemnify both Suresh and Mahesh
Answer is B is correct. In the given facts, Ramesh cannot be made liable as agent cannot be appointed for doing a criminal act. Therefore option (b) is the correct answer.

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