MCQ 15 April 2024

Daily MCQs for Judiciary Prelims Exams - (15 April 2024)



Question/ Answer
Question1:- A decision on issue of law
  • (a) Shall always operate as res-judicata
  • (b) Shall never operate as res-judicata
  • (c) May or may not operate as res-judicata
  • (d) Either (a) or (b)
Answer is C is correct. A decision on issue of law may operate as res judicata if given on merits and if there is lack of jurisdiction or has been compromised or remanded on appeal. Therefore option (c) is the correct answer.
Question2:- Doctrine of restitution is based upon the maxim
  • (a) Vigilantibus non dormientibus iura subveniunt.
  • (b) Actus curiae neminem gravabit
  • (c) Actus dei nemini facit injuriam.
  • (d) Ex injuria jus non oritur.
Answer is B is correct. Doctrine of restitution is dealt under Section 144 of CPC and based upon a well-known maxim actus curiae neminem gravabit i.e. the act of court shall harm no one. The law also imposes duty on the party to do justice to the other party in the case of erroneous judgment. Therefore option (b) is the correct answer.
Question3:- Where a decree is for partition or separate possession of a share of an undivided estate assessed to the payment of revenue to the government
  • (a) Execution should be effected by the District Magistrate
  • (b) Execution should be effected by the head of panchayat
  • (c) Execution should be effected by the collector
  • (d) Execution should be effected by the Governor
Answer is C is correct. As per Section 54 of CPC Where a decree is for partition or separate possession of a share of an undivided estate assessed to the payment of revenue to the government execution should be effected by the Collector. Therefore option (c) is the correct answer.
Question4:- The executing court can go behind the decree
  • (a) If it was passed against a dead person
  • (b) In a case were appellate court modifies the decree, it is the decree of appellate court which shall be executed
  • (c) If the decree is a nullity having been passed by an incompetent court
  • (d) All of the above
Answer is D is correct. The general rule is that the executing court cannot go behind the decree but there are few exceptions to this whereby it has the power to go behind it. In all the circumstances mentioned above, executing court can go behind the decree. Therefore option (d) is the correct answer.
Question5:- Under which section restriction is imposed in not entering dwelling house after sunset and before sunrise for making arrest
  • (a) Section 54
  • (b) Section 55
  • (c) Section 56
  • (d) Section 57
Answer is B is correct. Section 55 imposes restrictions that no dwelling house shall be entered into after sunset and before sunrise for making arrest. Therefore option (b) is the correct answer.
Question6:- Total period for detention for execution of decree shall not exceed
  • (a) 2 months
  • (b) 3 months
  • (c) 6 months
  • (d) 9 months
Answer is B is correct. As per Section 58 of CPC the total period of detention shall not exceed three months. However, in case where decreetal amount does not exceed Rs. 5.000 such period shall not exceed 6 weeks. If Rs. 2,000 or less, the Judgment debtor cannot be detained. Therefore option (b) is the correct answer.
Question7:- An agreement by which a person agrees to waive the benefit of any exemption under Section 60 which states what all property can be liable to attachment and sale in execution
  • (a) That agreement is valid only with the consent of the court
  • (b) That agreement is valid
  • (c) That agreement is void
  • (d) That agreement is voidable
Answer is C is correct. As per Section 60(1A) of CPC, ‘notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this section shall be void.’ Therefore option (c) is the correct answer.