MCQ 25 Oct 2023

Daily Static MCQs for Judiciary Prelims Exams - (25 October 2023)



Question/ Answer
Question1:-The Code of Civil Procedure does not contain the provision for passing of preliminary decree in the suits for:
  • 1. accounts between principal and agent
  • 2. possession and mesne profits
  • 3.sale of mortgaged property
  • 4. none of the above
Answer is 4 is correct. Preliminary decree is a decree passed before the conclusive rights of the parties have settled in the case. Court may issue preliminary decree with regard to suits related to accounts between the principal and agent under Order 20 Rule 16, suits related to possession and mesne profits under Order 20 Rule 12 and suits related to sale of mortgaged property under Order 34 Rule 4. Hence in all the options given above a preliminary decree can be passed. Therefore option (4) is the correct answer.
Question2:-Mesne profits of the property shall not include, which the person in wrongful possession of the property:
  • 1. actually received from such property
  • 2. might with ordinary diligence have received from such property
  • 3. made due to improvements made by him on such property
  • 4. received interest on such profit from such property.
Answer is 3 is correct. As per Section 2(12) of the Code of Civil Procedure ‘Mesne profit’ of property means “those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.” Therefore option (3) is the correct answer.
Question3:-In which case the Supreme Court held the right to make a counterclaim as statutory?
  • 1. A.V. Papayya Sastry vs. Govt. of A.P., ALR 2007 SC 1546
  • 2. Laxmidas vs. Nanabhai, AIR 1964 SC 11
  • 3. Ittyavira Mathai vs. Varkey Varkey, AIR 1964 SC 907
  • 4. Sulochana Amma vs. Narayanam Nair, A.LR. 1994 SC 152
Answer is 2 is correct. Supreme Court in the case of Laxmidas vs. Nanabhai, 1964 observed and held that right to make a counterclaim as statutory. Further observed that the court has the power to treat the counterclaim as a cross suit. Therefore option (2) is the correct answer.
Question4:-A suit for recovery of dower is made by the Muslim wife against her husband is attracted by the provisions of Limitation Act, 1963:",
  • 1. Section 29(1)
  • 2. Section 29(1)
  • 3. Section 29(3)
  • 4. None of these
Answer is 4 is correct. A suit for recovery of dower under Muslim law is specifically excluded from the horizon of Limitation Act. Saving clause of Limitation Act under Section 29(3) states “save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.” Therefore option (4) is the correct answer.
Question5:-In Satyadhyan Ghosal vs. Deorjin Debi, AIR. 1960 SC 941, the Apex Court explained the doctrine of:
  • 1. res judicata
  • 2. abatement
  • 3. cypress
  • 4. restitution
Answer is 1 is correct. In the case of Satyadhayan Ghosal vs. Deorjin Debi, court explained the doctrine of res judicata. In this case an appeal was filed by the landlord as against tenant as they have not got the possession of the property after the ejectment decree was passed by the court. Tenants in this case moved to the High Court as against the ejectment order. High Court applied the doctrine of res judicata. Therefore option (1) is the correct answer.
Question6:-'A' gives sheesham wood to ‘B’ a carpenter for making Almirah. The carpenter's charges are settled at Rs. 6,000. After the Almirah is ready 'A' tenders Rs. 6,000 for the charges, but carpenter refuses to deliver the Almirah till 'A' pays old dues. In such case:
  • 1. 'B' can refuse to deliver the Almirah
  • 2. ‘B’ cannot refuse to deliver the Almirah
  • 3. 'B' can refuse in certain circumstances
  • 4. 'B'; can sell the Almirah
Answer is 2 is correct. In the above given facts, B cannot refuse to deliver the Almirah as the right of lien (Section 170 of Indian Contract Act) can be applied only in the case when A had refused to pay the charges. But in this case A has tendered Rs. 6,000 for the charges and now B is bound to deliver the Almirah. Therefore option (2) is the correct answer.
Question7:-V. Dhanpal Chittar vs. Yesodai Ammal, is related to:
  • 1. Section 105 TPA
  • 2. Section 107 TPA
  • 3. Section 106 TPA
  • 4. Section 104 TPA
Answer is 3 is correct. V. Dhanpal Chittar vs. Yesodai Ammal, is related to Section 106 of Transfer of Property Act which talks about lease. It was held that no notice to quit is required if the lease is determined under Section 111(h) which states that lease is determined after the expiry of notice to quit given by landlord to the tenant. Therefore option (3) is the correct answer.

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