MCQ 19 Oct 2023

Daily Static MCQs for Judiciary Prelims Exams - (19 October 2023)



Question/ Answer
Question1:-Any person can be appointed as a guardian for a suit only:
  • 1. On his oral consent under Order XXXII, Rule 4 of Civil Procedure Code
  • 2. On his consent in writing under Order XXXII, Rule 4 of Civil Procedure Code
  • 3. On either (A) or (B)
  • 4. On neither (A) nor (B)
Answer is 2 is correct. As per Order XXXII Rule 4(3) consent to be given in writing by the person who is to be appointed as a guardian, he should also be major and of sound mind. Therefore option (2) is the correct answer.
Question2:-If a plaintiff omits to sue for the whole of the claim which he was entitled to make in respect of a cause of action in the first suit then he will be percluded from suing again in respect of the portion so omitted, by virtue of:
  • 1. Explanation II of Section 11, CPC
  • 2. Explanation IV of Section 11, CPC
  • 3. Order II Rule 2 CPC
  • 4. Order II Rule 3 CPC
Answer is 3 is correct. Order II Rule 2(2) talks about relinquishment of part of claim wherein a plaintiff omits to sue or intentionally relinquishes any part of it then he shall not sue with regard to the same as Order II Rule 2(1) states that every suit to contain whole of the claim in respect of the cause of action. Therefore option (3) is the correct answer.
Question3:-Which final judgment, order or decree of a Competent Court, among the following is a judgment in rem?
  • 1. Judgment in a money suit
  • 2. Judgment in a suit for permanent injunction.
  • 3. Judgment in exercise of matrimonial or insolvency jurisdiction
  • 4. None of the above.
Answer is 3 is correct. Section 41 of the Indian Evidence Act, 1872 talks about relevancy of certain judgment, order or decree of the court which are related to probate, matrimonial, admiralty or insolvency cases. Therefore option (3) is the correct answer.
Question4:-Under which provision of the Code of Civil Procedure 1908, the Collector may be appointed as receiver?",
  • 1. Order XL Rule 1
  • 2. Order XL Rule 3
  • 3. Order XL Rule 5
  • 4. Order XL Rule 2
Answer is 3 is correct. Where any land is paying revenue to the Government or land of which the revenue has been assigned or redeemed, and the court considers that the interests of those concerned will be promoted by the management of the Collector, the court may with the consent of the Collector, appoint him to be receiver of such property as per Rule 5. Therefore option (3) is the correct answer.
Question5:-In which of the following cases the Supreme Court held that delay in pronouncing the judgment amounts to denial of justice?
  • 1. Surendra Singh vs. State of U.P.
  • 2. Anil Rai vs. State of Bihar
  • 3. State of U.P. vs. Chander Bhushan
  • 4. None of the above
Answer is 2 is correct. Supreme Court in the case of Anil Rai vs State of Bihar observed that “the right to speedy trial is covered under Article 21 of the Constitution of India and Section 353 CrPC, uses the phase “some subsequent time” which has to be a time which is not separated by undue delay, otherwise the pronouncement of judgments becomes opposed to the principles of law.” Therefore option (2) is the correct answer.
Question6:-In a suit for Specific performance of agreement of sale of immovable property, the plaintiff must aver and prove the following:
  • 1. That plaintiff paid the entire sale consideration
  • 2. That plaintiff obtained clearance from all authorities
  • 3. That plaintiff obtained encumbrance certificate
  • 4. That plaintiff is ready and willing to perform his part of contract
Answer is 4 is correct. Plaintiff has to prove his readiness and willingness to perform the part of the contract as per Section 16(c) of the Specific Relief Act. While readiness refers to the capacity of the plaintiff to enforce a contract willingness on the other hand refers to the conduct of the plaintiff in enforcing the contract. Therefore option (4) is the correct answer.
Question7:-In which judgment, the Supreme Court held that in a case under Section 13B(2) of the Hindu Marriage Act, 1955, 'cooling off period may be waived off not only by the Supreme Court under Article 142 of the Constitution but by any Court if conditions specified are satisfied?
  • 1. Om Prakash Vs. Nalini
  • 2. Priyanka Singh Vs. Jayant Singh
  • 3. Kailash Vs. Nankhu
  • 4. Kailash Vs. Nankhu
Answer is 4 is correct. In 2017, a two-judge bench of the Court in Amardeep Singh v. Harveen Kaur held that the six months waiting period as prescribed under Section 13B(2) of the HMA is not mandatory and that the same can be waived by the Family Court in exceptional circumstances. Therefore option (4) is the correct answer.

Syllabus

Test Series

Notification

Brochure

Result