Objective Questions on Civil Procedure Code
1.Private alienation of property after attachment is _________.
Void [Sec.64]
Void [Sec.64]
2. Rateable distribution of proceeds of sale in execution of a decree is provided under __________ .
Section 73
3. What number of days will a judgement debtor be imprisoned for obstructing the decree holder from taking possession of immovable property?
30 days [Section 74]
4. Which Section deals with the power of Court to issue commissions?
Section 75.
5. Can alien enemies residing in India sue without permission?
No. can sue with permission of Central Government[Sec.83]
6. What is the name of suit brought by a person from whom two persons claim a debt adversely to one another and who claims no interest to that and ready to deliver it to rightful claimant?
Interpleader suit[88]
7. A provision for referring matters to Adalath was inserted but came into force only with effect from 2002. Which one is it?
Section 89.
8. Can a person dispute the correctness of the preliminary decree in any appeal preferred against the final decree, if he has not appealed from that preliminary decree?
No[Section 97]
9. According to Section 100(1) what should be satisfied to prefer a Second Appeal?
Substantial question of law
10. What is the pecuniary limit for Second Appeal as provided in Section 102 of CPC?
Must be above TwentyFive Thousand rupees
11. Can the appellate court take additional evidence?
Yes[107(1)(d)]
12. Where a court is satisfied that a case pending before it involves a question as to the validity of any Act, what can the Court do?
Reference to High court.[113]
13. Are ministers of states exempted from personal appearance in court?
Yes.[133]
14. What is the maximum duration granted by the court in its discretion to a party on his application, to do a paricular thing if the time fixed for it has already expired?
30 days in total[148]
15. What is the validity of the Caveat in number of days?
90 days[148A(5)]
16. Can a court in its own motion correct clerical mistakes in judgement.
Yes[152]
17. When should an objection as to non-joinder be raised?
Before settlement of issues.[Order1 Rule 13]
18. Is it mandatory for a court to issue summons if at the presentation of the plaint the defendant has appeared and admitted the plaint claim?
No[Proviso to Order 5 Rule 1(1)]
19. A summons shall be accompanied by copy of plaint. This rule was formulated in amendment in _____.
1999. came into effect from 2002.[Order 5 Rule 2]
20. Provision for substituted service is incorporated under _________.
Order 5 Rule 20.
21. Is a written statement to be supported by affidavit?
Yes[Order 6 Rule 15(4)]
22. What is the maximum number of days a person will get to amend his pleadings if no time is prescribed by the Court in its order?
14 days. [Order 6 Rule 18]
23. Returning of plaint is provided under _________.
Order 7 Rule 10
24. Where the relief claimed in the suit is undervalued and the plaintiff fails to correct the valuation even after time provided by the Court, the suit will be ________ .
Rejected[Order 7 Rule 11(b)]
25. Can a document which is not produced with the plaint and which ought to be produced by the plaintiff be received in evidence on his behalf.
Can be with the leave of the Court[Order 7 Rule 14(3)]
26. Which provision specifically enables the court to pronounce judgement in case the defandant fails to file written statement or subsequent pleadings?
Order 8 Rule 10
27. What can the court do when neither party appears when it is called for hearing?
Suit may be Dismissed[Order 9 Rule 3]
28. What type of cause is to be shown in an application to set aside exparte order?
Good Cause[Order 9 Rule 7]
29. What can the Court do when the suit is called on for hearing and the plaintiff fails to appear and the defendant only appears and admits the claim?
Court can pass decree against defendant[Order 9 Rule 8]
30. What type of cause is needed in an application to set aside an exparte decree?
Sufficient cause.[Order 9 Rule 13]
31. Can the fact that the pleader of a party is engaged in another court be put forward as a good ground for adjournment?
No[Order 17 Proviso c]
32. Provision to examine defendant and his witness even before the plaintiff under certain circumstances is mentioned in _________ .
Order 18 Rule 1
33. Order 18 Rule 17 of the Code deals with _________ .
Power of court to recall and examine witness
34. What is the maximum time granted to Court by the code to draw up a decree after pronouncing judgement?
15 days[Order 20 Rule 6A]
35. What all methods court can follow in an execution for specific movable property?
Seizure, detention, attachment[Order 21 Rule 31]
36. What remedy lies with the court in an execution of a decree for the payment of money where the judgement debtor is likely to leave the local limits of its jurisdiction with an object to delay the execution?
Issue warrant of arrest.[See proviso to Order 21 Rule 37(1)]
37. Who has the power to fix scales for the subsitence allowance for the judgement debtors in civil prison?
State Government[Section 57]
Court thereupon fixes from the scale[Order 21 Rule 39(2)]
38. A judgement debtor's debtor is called ________ .
Garnishee[Order 21 Rule 46A]
39. What can the court do in case the garnishee disputes liability?
The court can try the issue as to determine liability[Order 21 Rule 46 C]
40. Can a claim with regard to attached property in execution be made after the property is sold?
No.[Proviso (a) to Order 21 Rule 58]
41. How much amount of purchase money need a purchaser to deposit immediately after sale?
25 percent[Order 21 Rule 84]
42. What are the general grounds specified in the Code for setting aside sale in execution?
Material irregularity or fraud in publishing or conducting sale[Order 21 Rule 90]
43. What can the court do in case of a party's death not survived by any legal representative?
The Court can appoint any authorised person to represent the estate.[Order 22 Rule 4A]
44. The plaintiff may abandon the suit any time after its institution. Can a minor plaintiff abandon the suit?
Can be with the leave of the Court[Proviso to Order 23 Rule 1]
45. What will a person who institutes a suit for minor called?
Next friend[Order 32 Rule 1]
46. Suits by indigent persons are provided in _________ .
Order 33
47. In which explanation of Section 11, the principle of 'might and ought' embodied?
Explanation IV
48. When did the Code of Civil Procedure, 1908 come into force?
January 1,1909
49. Any person who intermeddles with the estate of the deceased person is called ________ .
Legal representative[Section 2(11)]
50. What are mesne profits?
Profits which the person in wrongful possession actually received[2(12)]
51. Section 6 of CPC deals with _________.
Pecuniary jurisdiction of courts
52. Do the pendency of a suit in foreign court preclude courts in India from trying a suit founded on same cause of action?
No. [Explanation to Section 10]
53. If the immovable property situates within the jurisdiction of different courts, in which court the suit may be instituted?
In any court.[sec.17]
54. Which section empowers the Court to order any fact to be proved by affidavit?
Section 30(c)
55. What is the maximum amount of compensatory costs that can be awarded?
3000 rupees[S.35A(2)]
56. Which court will determine questions relating to discharge, satisfaction etc of the decree?
Executing Court[Section 47]
57. A right to future maintenance ________ be attached in execution.
Cannot[Proviso (n)sec.60(1)]
58. If the summons issued to defendant is returned unserved and the plaintiff fails to apply for fresh summons to the defendant within 7 days of the return, the suit will be_______.
Dismissed under Order 9, Rule 5
59. An appeal from a decree passed in appeal has been provided under_____.
sec.100
60. 'Guardian at litem' means person defending a suit on behalf of a _______.
Minor
Objective Questions on Criminal Procedure Code
1.
As per the Explanation to Section 2(d) of the Cr.PC, a report made by a
police officer in a case which discloses, after investigation, the
commission of a non-cognizable offence shall be deemed to be a ________ .
Answer: Complaint.
2. __________ includes all the proceedings under the Cr.PC for the collection of evidence conducted by a police officer.
Answer: Investigation[Sectiom 2 (h)]
3.
Warrant case is a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. It
is defined in ______ .
Answer: 2(x)
4. Section 6 of the CrPC defines ________ .
Answer: Classes of Criminal Courts.
5.
The Court of Magistrate of the first class may pass a sentence of
imprisonment for a term not exceeding _______ years or of fine not
exceeding _______ or of both.
Answer: 3 , 10000 rupees.[Section 29(2)]
6.
Where imprisonment has been awarded as part of substantive sentence,
the imprisonment in default of payment of fine shall not exceed
__________ of the term of imprisonment which the Magistrate is competent
to inflict as punishment for the offence otherwise than as imprisonment
in default of payment of fine.
Answer: one-fourth[Section 30(1)(b)]
7. Duty of public to give information about certain offences is provided under_________ .
Answer: Section 39.
8.
Any person who has in his possession any implement of house-breaking
without lawful excuse __________ arrested without warrant.
Answer: can be.[Section 41(1)(b)]
9. A habitual thief as provided in Section. 110 __________ arrested without warrant.
Answer: can be[Section 41(2)]
10. Any magistrate may arrest any person ________________.
Answer: within his local jurisdiction.[Sec 44(2)]
11.
As per which provision a police officer or other person authorised to
make an arrest may break open any outer or inner door or window of any
house or place inorder to liberate himself or any other person who,
having lawfully entered for the purpose of making arrest, detained
therein.
Answer: S. 47(3)
12. According to Sec.70(1) of the Code, every warrant of arrest issued by a Court ________ in writing.
Answer: shall be.
13. Power of Court to issue proclamation aginst person absconding is provided in _______ .
Answer: S. 82
14. Can a court issue warrant in lieu of summons?
Answer: Yes. [Sec.87]
15.
Power of Court of Judicial Magistrate of first class to detain document
within the custody of postal or telegraph authority is provided under
________ .
Ans: 92(2)
16.
Power of Judicial Magistrate to issue search warrant to search persons
wrongfully confined under circumstances that the confinement amounts to
an offence is provided under __________ .
Ans: S.97.
17. Plea Bargaining is contained in ___________.
Answer: Chapter XXI A
18.
______________ independent and respectable inhabitants of the locality
in which the place to be searched is situated is necessary for a search
with warrant.
Answer: 2 or more[sec.100(4)]
19. According to Sec.102 __________ is empowered to seize property alleged or suspected to have been stolen.
Answer: any police officer.
20.
Executive Magistrate may order a person likely to commit breach of
peace to execute a bond for keeping the peace for a period upto ______
year/s.?
Answer: One[Section 107(1)]
21. Enforcement of order of maintenance is provided under Section________ .
Answer: 128
22. Power of conditional order for removing nuisance can be exercised by _________ .
Answer: Executive Magistrate.[Sec.133]
23.
Any person disobeying conditional order u/S.133 may be penalised with
simple imprisonment of _________ or fine of _______ rupees, or with
both.
Answer: 1 months, 200[Section 136 of CrPC r/w Section 188 of IPC]
24. A police officer's power to seize false weights and measures are provided in_______ .
Answer: Section 153(2)
25.
If an offence is committed by a person in the presence of a Magistrate,
the magistrate can arrest that person if the offence is ________ .
Answer: either cognizable/or non-cognisable[sec.44-any offence]
26.
Police officer's power to require attendance of persons acquainted with
facts and circumstances of the case is mentioned in ___________ .
Answer: Section 160(1)
27.
A police officer may reduce into writing the oral examination of
persons acquainted with the case. This is provided under ________ .
Ans: Section 161(3)
28. No statement under Sec.161 is to be signed. ___________ is an exception.
Answer: Section 27 of Indian Evidence Act.[162(2)]
29. Section 164 of the Code of Criminal Procedure deals with ___________ .
A: Recording of Confessions and statements by Magistrate.
30. Can a police officer on whom the powers of magistrate is conferred record confession under Section164?
A: No[Proviso to Sec.164(1)]
31. Further investigation in respect of an offence after report has been forwarded is provided under ______ .
A: S.173(8)
32.
When an officer in charge of a police station receives information that
a person has died under circumstances raising a reasonable suspicion
that some other person has committed an offence, he shall immediately
give intimation to the nearest _________ .
A: Executive Magistrate.[174(1)]
33.
Where it is uncertain in which of the several local areas an offence
was committed, it may be inquired into and tried by a Court having
jurisdiction over ________ local area.
A: any of such [Sec.178]
34. Transfer of cases on application of accused is provided under _______ .
Answer: Section 191.
35.
Who can make a complaint when the victim is under age of 18 years, or
is an idiot or a lunatic, or is from sickness or infirmity unable to
make a complaint, or is a woman who, according to local customs and
manners, ought not to be compelled to appear in public?
Answer: Any person on behalf with leave of court.[Proviso (a) to Section 198]
36.
If a public servant acting in discharge of his official duties makes a
complaint the Magistrate _________ examine on oath the complainant.
Answer: Need Not[Proviso to Section 200]
37.
Any Magistrate __________ postpone issue of process against the accused
on receipt of complaint, when the accused is residing at a place beyond
the area in which he exercises jurisdiction.
Answer: shall[Sec.202(1)]
38.
A magistrate, under S.259 of the Code of Criminal Procedure has the
power to convert a summons trial to a warrant trial relating to offence
punishable for a term exceeding _________.
A: 6 months.
39. Dismissal of complaint is provided under Sec.________.
Ans: 203.
40. Generally absent applications are filed in the court as per Sec. ________.
A: 317
41.
If same case upon complaint and police report against same accused, the
Magistrate __________ try together the complaint case and the case
arised out of the police report as if both the cases were instituted on a
police report.
Ans: shall [Sec.210(2)]
42. Section 240 of the Code of Criminal Procedure deals with ____________ by magistrate in warrant cases.
A: Framing of charge.
43.
A is tried for causing grievous hurt and convicted. The person injured
afterwards dies. Can A may be tried againg for culpable homicide?
Ans: Yes.[Sec.300(3)]
44.
The Court _______ summon and examine or recall and re-examine any
person if his evidence appears to it to be essential to the just
decision of the case.
A: shall[second head of Sec.311]
45. High Court's power of revision is provided under Section_______.
Answer: 401.
46. Government can commute sentence __________ the consent of the person sentenced.
Ans: without[Section 433]
47.
Order for disposal of property at conclusion of trial is provided
under_______ and disposal of property pending trial in certain cases is
provided under_______.
Answer: 452, 451
48. A search warrant issue by magistrate not empowered by law under Sec.94 ______vitiate proceedings.
A: will not [460]
49.
As per Sec.468 of Cr.PC, for an offence punishable with imprisonment
for a term exceeding one year but not exceeding three years, the period
of limitation is ______.
A: 3 years.
50. Can two or more persons be the complainant in one case?
A: No.[2007(1)KLT 226 Madras]
Objective Questions on Indian Penal Code
1.
A intentionally causes B's death, partly by illegally omitting to give
food to him, and partly by beating him. A has committed _________ .
Murder [Section 36]
2. Section 53 of the IPC deals with ____________ .
Punishments.
3.
In every case in which sentence of death shall have been passed, the
appropriate Government may, _________the consent of the offender,
commute the punishment for any other punishment provided by IPC.
Without [Section 54]
4.
As per the provision of IPC while calculating fractions of terms of
punishment, imprisonment for life shall be reckoned as equivalent to
imprisonment for ______ years.
Twenty [Section 57]
5. What is the limit of fine in case no sum is expressed to which it may extend in the IPC?
Unlimited [Section 63]
6.
As per the provisions of IPC what is the maximum limit of imprisonment
for non-payment of fine limited to the maximum of 100 rupees, where fine
is the only punishment?
4 months [67]
7. General Explanations are provided in ________ of IPC.
Chapter IV
8.
A, with a guilty intention, abets a child or a lunatic to commit an act
which would be an offence, if committed by a person capable by law of
committing an offence, and having the same intention as A.Whether A commits abetting?
Yes[ Explanation 3 to Section 108]
9. When two or more persons agree to do an act which is not illegal by illegal means, such agreement is called ________ .
Criminal Conspiracy[120 A]
10.
Whoever is a party to criminal conspiracy other than a criminal
conspiracy to commit an offence punishable with death, life imprisonment
for life, or rigorous imprisonment for a term of two years or upwards
shall be punished with imprisonment for a term not exceeding
____________ months, or with fine, or both, where no specific punishment
is provided.
Six.[120B(2)]
11.
____________ is an offence where a person by words or signs or
otherwise brings into hatred or excites disaffection towards any
Government established by law in India.
Sedition[124A]
12. The offence of aiding a state prisoner or prisoner of war to escape is triable by __________.
Sessions Court [130]
13. What is the offence commited by persons of unlawful assembly when force is used in prosecution of its common object?
Rioting[146]
14. What is the maximum period of imprisonment for bribery?
One year[171E]
15. What is the maximum period of imprisonment in case of intentional disobedience of summons from a Court of Justice?
Six months [174]
16. What is the maximum period of imprisonment for the offence of harbouring an accused charged with a capital offence?
Seven years[216]
17. What is the maximum amount of fine prescribed for offence of rashly driving on a public way?
1000 rupees [279]
18. How many exceptions are provided under Section 300 IPC?
Five
19.
A, on grave and sudden provocation, fires a pistol at Z, under such
circumstances that if he thereby caused death he would be guilty of
culpable homicide not amounting to murder. What offence A has committed?
Attempt to commit culpable homicide[308]
20.
Any hurt which endangers life or which causes the sufferer to be during
the space of twenty days in severe bodily pain, or unable to follow his
ordinary pursuits is called _________ .
Grievous Hurt [320]
21. Sexual intercourse of a woman with her consent is considered rape if she is under the age of ________ years.
Sixteen [375]
22. Theft is robbery when the accused for the end of committing theft voluntarily _________.
Causes/attempts to cause-death/hurt/wrongful restraint or fear of these.[390]
23. How many persons are needed to call robberry a Dacoity?
Five or more.[391]
24. Cheating is defined under _______ .
Section 415
25.
A, for the purpose of inducing B to desist from prosecuting a civil
suit, threatens to burn B's house. What offence A has committed?
Criminal intimidation[503]
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