MCQ 09 April 2024

Daily MCQs for Judiciary Prelims Exams - (09 April 2024)



Question/ Answer
Question1:- Supreme Court in which case stated “if an appeal is not filed against the preliminary decree and its correctness is not challenged, it becomes final and the party aggrieved thereby will not be permitted to challenge its correctness in an appeal against final decree”
  • (a) Kaushalya Devi vs. Baijnath
  • (b) Moolchand vs. Dy. Director Consolidation
  • (c) Talab Ali vs. Abdul Aziz
  • (d) Hari Singh vs. S. Seth
Answer is B is correct. In Moolchand vs. Dy. Director Consolidation Supreme Court stated “if an appeal is not filed against the preliminary decree and its correctness is not challenged, it becomes final and the party aggrieved thereby will not be permitted to challenge its correctness in an appeal against final decree” Therefore option (b) is the correct answer.
Question2:- A foreign judgment, not covered by any of the exceptions under Section 13 of C.P.C. shall be_____ as to any matter thereby directly adjudicated upon between the same parties
  • (a) Persuasive
  • (b) Wholly irrelevant
  • (c) Conclusive
  • (d) Advisory
Answer is C is correct. A foreign judgment, not covered by any of the exceptions under Section 13 of C.P.C. shall be conclusive as to any matter thereby directly adjudicated upon between the same parties. Therefore option (c) is the correct answer.
Question3:- A suit for compensation for wrong done to the person or to movable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court
  • (a) Can be instituted in the court within whose local jurisdiction the wrong has been committed
  • (b) Can be instituted in the court within whose local jurisdiction the defendant resides
  • (c) Either (a) or (b) at the opinion of the plaintiff
  • (d) Can be instituted anywhere in India
Answer is C is correct. As per Section 19 of CPC where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. Therefore option (c) is the correct answer.
Question4:- Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?
  • (a) Dhulabhai v. State of M.P
  • (b) Gundaji v. Ramchandra.
  • (c) Noor Mohd. Khan v. Fakirappa.
  • (d) All of the above.
Answer is A is correct. Guidelines were laid whereby the court in Dhulabhai vs. State of M.P. stated where the act or provision specially gives power to the tribunal to handle any matter and gives finality to that matter then in that case court has no jurisdiction. Therefore option (a) is the correct answer.
Question5:- Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure 1908 is concerned?
  • (a) The suit has to be instituted in the court of the lowest grade competent to try it
  • (b) The suit has to be instituted in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain
  • (c) The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of action wholly or in part arises
  • (d) All the above are correct
Answer is D is correct. Section 20 of CPC talks about ‘other suits to be instituted where defendants reside or cause of action arises.’ It states that every suit shall be instituted within the local limits of whose jurisdiction defendant or any of the defendants resides, carries on business or cause of action arose. Therefore option (d) is the correct answer.
Question6:- Under section 32 of CPC the maximum fine which can be imposed by the court for compelling the attendance of any person to whom a summons has been issued under section 30
  • (a) Two thousand rupees
  • (b) Three thousand rupees
  • (c) One thousand rupees
  • (d) Five thousand rupees
Answer is D is correct. Section 32 talks about penalty for default of not appearing whereby summons has been issued. Section 32(c) states penalty of Rs. 5,000 to be paid on such default which was earlier Rs. 500. Therefore option (d) is the correct answer.
Question7:- Which of the following is not a right of civil nature
  • (a) Caste
  • (b) Right to services which are honorary & gratuitous
  • (c) Right to visit temple
  • (d) Both (a) & (b)
Answer is D is correct. Caste related and services which are honorary and gratuitous are not a right of civil nature as per Section 9 of CPC though right to visit temple is a religious right and entails serious consequences as it is recognized as a fundamental right. Therefore option (d) is the correct answer.