MCQ 16 April 2024

Daily MCQs for Judiciary Prelims Exams - (16 April 2024)



Question/ Answer
Question1:- As per which provision private transfer of the attached property is void as against all claims enforceable under attachment
  • (a) Section 62
  • (b) Section 64
  • (c) Section 66
  • (d) Section 68
Answer is B is correct. Section 64 states that where an attachment has been made, any private transfer of the attached property is void as against all claims enforceable under attachment. Therefore option (b) is the correct answer.
Question2:- A precept under Section 46 is a
  • (a) Decree
  • (b) Command
  • (c) Order
  • (d) Either (b) or (c)
Answer is D is correct. Precept is a command or an order, it is given by the court which passed the decree to a court which would be competent to execute the decree and to attach any property of Judgment debtor at once with the object to prevent the JD from alienating or otherwise dealing with his property to the detriment of decree holder till proper proceedings are taken out. Therefore option (d) is the correct answer.
Question3:- In execution of a decree for the maintenance, salary of a person can be attached to the extent of
  • (a) one-fourth
  • (b) one-third
  • (c) two-third
  • (d) one-half
Answer is B is correct. As per Section 60(1)(i) salary to the extent of one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance. Therefore option (b) is the correct answer.
Question4:- According to Section 58 of Code of Civil Procedure no detention in civil imprisonment can be ordered if the decree is for a payment of amount
  • (a) Not exceeding Rs. 500
  • (b) Not exceeding Rs. 1000
  • (c) Not exceeding Rs. 1,500
  • (d) Not exceeding Rs. 2,000
Answer is D is correct. According to Section 58 of Code of Civil Procedure no detention in civil imprisonment can be ordered if the decree is for a payment of amount not exceeding Rs. 2,000. Therefore option (d) is the correct answer.
Question5:- At any time after a warrant for the arrest of a judgment debtor has been issued, the court may cancel it on the ground
  • (a) that he is not in a fit state of health to be detained in prison.
  • (b) that he is seriously ill.
  • (c) both (a) and (b)
  • (d) only the State Government has the power to release
Answer is A is correct. At any time after a warrant for the arrest of a judgment debtor has been issued, the court may cancel it on the ground that he is not in a fit state of health to be detained in prison. Therefore option (a) is the correct answer.
Question6:- In execution of a decree, other than a decree for maintenance, passed against A, what shall be the attachable portion, if his salary is Rs. 10,000 per month?
  • (a) Rs. 3,333
  • (b) Rs. 5,000
  • (c) Rs. 3,000
  • (d) Rs. 6,666
Answer is C is correct. If the salary is Rs. 10,000 per month, in execution of decree Rs. 3,000 will be attached as per Section 60 of CPC. Therefore option (c) is the correct answer.
Question7:- Question that can be determined by the Court executing the decree is
  • (a) Relating to execution alone
  • (b) Relating to discharge alone
  • (c) Relating to part-payment alone
  • (d) Relating to execution, discharge or satisfaction
Answer is D is correct. As per Section 47 of CPC, all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. Therefore option (d) is the correct answer.