MCQ 07 May 2024

Daily MCQs for Judiciary Prelims Exams - (07 May 2024)



Question/ Answer
Question1:- Provision of ex parte injunction is provided under
  • (a) Order 39 Rule 2
  • (b) Order 39 Rule 2A
  • (c) Order 39 Rule 3
  • (d) Order 39 Rule 3A
Answer is C is correct. As per Order 39 Rule 3 requires the applicant to issue notice to the opposite party before an injunction is granted. Though, the court has the power to issue ex parte injunction without giving any notice to the other party. Therefore option (c) is the correct answer.
Question2:- Remedies against an order granting or refusing to grant an injunction by the court
  • (a) Appeal
  • (b) Revision
  • (c) Writ petition
  • (d) All of the above
Answer is D is correct. An order granting or refusing to grant injunction is subject to appeal, revision and writ petition when no appeal or revision lies against it. Therefore option (d) is the correct answer.
Question3:- Which among the following is not an interlocutory order which can be passed under Order 39 of CPC
  • (a) Preservation
  • (b) Proclamation
  • (c) Detention
  • (d) Inspection
Answer is B is correct. As per Order 39 Rule 6 to 10 court has power to order sale of perishable goods, preservation, detention or inspection of any property which is the subject matter of such suit but cannot order proclamation. Therefore option (b) is the correct answer.
Question4:- In which case an order of arrest before judgment is pronounced can be made by the court
  • (a) Suit for mesne profit
  • (b) Suit for executing the decree passed by the court as against the defendant
  • (c) Suit when summons were duly served but defendant is not accepting it
  • (d) Suit for recovery of immovable property from the defendant
Answer is C is correct. No arrest can be made before the judgment is made as per Order 38 Rule 1-4 in cases related to Section 16 of CPC or for easy execution of decree. But can only be made when defendant is delaying the proceedings, avoiding any process of court or obstructing or delaying execution of any decree by absconding the local limits or is about to abscond or by disposing or removing any part of property out of local limits of the jurisdiction of the court. Therefore option (c) is the correct answer.
Question5:- What is the evidentiary value of the report submitted by the commissioner to the court under Order 26 of CPC
  • (a) Substantive in nature
  • (b) Only act as estoppel
  • (c) Corroborative in nature
  • (d) Circumstantial in nature
Answer is A is correct. The report submitted by the commissioner to the court furnish prima facie evidence of the facts and data collected, it constitutes an important piece of evidence though can be rejected if court has sufficient ground. Therefore option (a) is the correct answer.
Question6:- For what purpose a commission cannot be issued by the court under Order 26 of CPC
  • (a) To make local inquiry
  • (b) To adjust accounts
  • (c) To conduct sale
  • (d) To perform ministerial acts
Answer is A is correct. Court can issue commission for examining witnesses, making local investigation, adjusting accounts, making partition, conducting sale and for performing ministerial act but to conduct inquiry is role of court for which no commission can be issued. Therefore option (a) is the correct answer.
Question7:- In which landmark the Supreme Court held that jurisdiction of the court to interfere with an order of interlocutory or temporary injunction is purely equitable and court also have to look into the conduct of the party invoking such jurisdiction
  • (a) Dalpat Kumar vs. Prahlad Singh
  • (b) Manohar Lal Chopra vs. Seth Hiralal
  • (c) Gujarat Bottling Co. Ltd. vs. Coca Cola Co.
  • (d) Shiv Kumar vs. MCD
Answer is C is correct. In Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. the defendant committed a breach of agreement by transferring shares of the plaintiff without obtaining his consent, the plaintiff therefore, terminated the agreement and obtained interim injunction as against the defendant. Defendant applied for vacating the interim injunction. Rejecting the prayer, Supreme Court stated held that jurisdiction of the court to interfere with an order of interlocutory or temporary injunction is purely equitable and court also have to look into the conduct of the party invoking such jurisdiction. Therefore option (c) is the correct answer.

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