MODEL QUESTIONS FOR IPO EXAM PAPER III (CPC QN 26 TO 45)

(CPC QN 26 TO 45)

26.       Which of the following is not a decree

(a)       Rejection of a plaint                          (b)       Dismissal in default

(c)        Both (a) & (b)                         (d)       Neither (a) nor (b)                  Ans:b

27.       Rejection of an application for condonation of delay and consequent dismissal of appeal as time barred is

(a)       A decree                                            (b)       Preliminary decree

(c)        Not a decree                                      (d)       None                                       Ans:c

28.       If an appeal against a preliminary decree succeeds, the final decree

(a)       Can be passed                                 (b)       Can or cannot be passed

(c)        Automatically fails                             (d)       None                                       Ans:c

29.       A decree, when further proceedings have to be taken before the suit can be completely disposed of, is a

(a)       Final decree                                                    (b)    Preliminary decree

(c)        Preliminary decree and partly final decree (d)    None of these   Ans:b

30.       A decree does not include

(a)       Any order of dismissal for default

(b)       Any adjudication from which an appeal lies as an appeal from an order
(c)        Either a. or b.                                       (d)     Both a. and b.            Ans:d

31.       A decree, when an adjudication completely disposes of the suit, is a

(a)       Preliminary decree                           (b)       Final decree

(c)        Partly preliminary and partly final     (d)       None of these                        Ans:b

32.       One of the following is a decree

(a)       An order dismissing a suit for default of appearance
(b)       An order rejecting an application for leave to sue informa pauperis
(c)        An order returning the plaint for presentation to the proper court
(d)       None of these                                                                                                Ans:c

33.       One of the following is a decree

(a)       Any order of dismissal for default

(b)       Any adjudication from which an appeal is lies as appeal from an order
(c)        Rejection of a plaint                          (d)       None of these                        Ans:c

34.       ‘Decree holder’ means

(a)       Any person against whom a decree has been passed
(b)       Any person in whose favour a decree has been passed or an order

capable of execution has been made
(c)        Either a. or b.                         (d) Neither a. nor b.                           Ans:b

35.       The first uniform Code of civil Procedure was enacted in the year

(a)       1908               (b)       1859               (c)        1882               (d)       1872   Ans:b

36.       Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.-

(a)       Wrong                                                 (b)       Right
(c)        It includes rejection of plaint but does not includes the determination of any

            question within Section 144 of C.P.C
(d)       It includes determination of any question within Section 144 but shall not

            include the rejection of a plaint                                                                    Ans:b

37 The Code of Civil Procedure (Amendment) Act, 2002 came into force on

(a)       1st April, 2002                                               (b)       1st June, 2002

(c)        6th June, 2002                                               (d)       1st July, 2002            Ans:d

38.       The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in

(a)       T.K. Rangarajan Vs. Govt. of Tamil Nadu

(b)       Selam Bar Association Vs. Union of India
(c)        State of Punjab Vs. Sivaram

(d)       Centre for public interest Vs. Union of India                                               Ans:b

39.       The substantive part contained is

(a)       Sections                                             (b)       Rules

(c)        Orders                                                (d)       None of these.                       Ans:a

40.       The procedural part contained is

(a)       Sections                                             (b)       Rules

(c)        Codes                                                            (d)       None                                      Ans:c

41.       ‘Decree’ has been defined in section ____ of the Civil Procedure Code

(a)       5                                                          (b)       4                     

(c)        3(2)                                                     (d)       2(2)                                         Ans:d

42.       Which of the following Orders deals with commissions?

(a)       O. XXVI                                              (b)       O.XXII

(c)        O.XXIII                                                (d)       O.XXV                                    Ans:a

43.       ‘Public Officer’ is defined in………………..of Code of civil Procedure 1908.

(a)       2(16)                                                   (b)       2(14)

(c)        2(17)                                                   (d)       2(19)                                       Ans:c

44.       CPC include

            a)         51 orders & 158 Sections                b)         101 orders & 511 Section

            c)         35 orders & 488 Sections                d)         None of these                        Ans:a

45.       In a suit under order XXXVII, Rule 2 of CPC the defendant has to put in appearance within

            a)         10 days of service of summon         b)         15 days of service of summon

            c)         30 days of service of summon         d)         None of these                        Ans:c

           

(Prepared by AB Kantharaja  Kodagu Dn, Karnataka, presently serving in APS

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Upgradation of GP of IP from Rs.4200/- to Rs.4600/-

Upgradation of GP of IP from Rs.4200/- to Rs.4600/-

It has been ascertained from the Postal Directorate that file relating to upgradation of Grade Pay of IP from Rs.4200/- to Rs.4600/- has been again submitted to the Secretary, Department of Expenditure, Ministry of Finance by the Department.

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Feedback of MACP Joint Committee meeting held on 27.7.2012

Feedback of MACP Joint Committee meeting held on 27.7.2012 - NFIR

Meeting of the Joint Committee on MACPs Anomalies

As decided in the National Anomaly Committee Meeting held on 17/07/2012, the DOPT held separate meeting with the Leaders of Staff Side at North Block, New Delhi, Room No. 190 on 27/07/2012. Shri.M.Raghavaiah, General Secretary, NFIR has participated in the meeting.

Discussions were held on following issues:-

1. Grant of MACP in the promotional hierarchy :-

The staff side insisted that option be given to individual employees in this regard to facilitate  him/her to opt for availing benefit of financial upgradation.

After discussion it was agreed to examine in depth for finding solution.

2. Date of effect of MACP Scheme :

The desirability of giving effect to the MACP Scheme w.e. f. 01.01.2006 will be examined.

3. Counting of total temporary status Casual Labour Service reckoning 10/20/30 years under MACP Scheme:

Official Side stated that this will be processed separately.

4. Treatment of employees selected under LDCE/GDCE Scheme:

In the light of the instructions issued when the ACP Scheme was introduced. The same policy be adopted and accordingly orders will be issued. In other words, those inducted through LDCE/GDCE Scheme, such induction may be counted as appointment and will be reckoned as promotion.

5. Problems faced in the identical Grade Pay:

It was agreed to issue instructions for granting additional increment for fixation of Pay in case of promotion to the same Grade Pay. Instructions in this regard will be issued to Ministry of Railways etc .

6. Financial Upgradation Under MACPs, in the case of staff who joined another unit/organisation on request:

The Staff Side has pointed out that OM dated 01/11/2010 should be suitably Amended covering the staff who were transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation may be counted for MACPs. It  was agreed to be considered.

7. Extension of benefit of MACPS to an employee appointed in Grade where direct  recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post:

Official Side reiterated that suitable clarification No. 5 of OM dated 09/09/2012 was already issued.

8. Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of  ACP/MACPs :

Staff Side has explained the case of gross injustice done, more particularly in the Accounts Department of India” Railways wherein the incumbents who cleared the Appendix examination are drawing less pay than those who could not qualify the said examination and got the benefit of MACPs. The staff side insisted that this situation is leading to de-motivation among qualified staff and urged for rectifying the anomalies. It was agreed to consider and Ministry of Railways advised to send the proposal

9. Employees who got one promotion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPs:

After discussion, official side agreed that is a peculiar situation and assured to take action to rectify the situation. The staff side has insisted that in such cases third ACP should be straight away given to staff from the date subsequent to the date of completion of two decades of service after promotion. Official side appreciated the logic and reasonableness and agreed to considered.

Official Side apPft’Cialcd the logic and reawnablencss and agreed to consider.

10. Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay Scale-Implementation of MACPs :

The Staff Side explained that in the Railways the lower Pay Scales were abolished and posts were upgraded to the higher Pay Scales with revision of recruitment qualification and designation. In such cases the staff side insisted that entry Grade Pay as a result of upgradation subsequent to abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP.

Official side has agreed to obtain detials from Ministry of Railways for issuing appropriate clarification. In the meanwhile, Railway Board will have discussion with the Staff Side separately so that appropritate proposal could be sent to the DoP&T.

11. Placement of staff as a result of upgradation of posts :

The Staff side (NFIR) insisted that such placements should not be considered as promotion for the purpose of grant of financial upgradation under MACP Scheme. 

Official side stated that this will be examined.

12. In the course of discussion the Official Side also stated that MACP Scheme should be a fall-back option and the Ministries should conduct Cadre Restructuring for ensuring that the staff could be promoted within the reasonable time i.e. within 10 years. When the Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed, for revising the percentages, the Official Side clarified that necessary clarificatory instructions will be issued to the Ministry of Railways etc., so that the Cadre Restructuring can be done without problems.

Courtesy : http://90paisa.blogspot.in/

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Guidelines to be followed by Ministries/Departments while referring cases to Ministry of Health & Family Welfare on CGHS matters

The Department of Health & Family Welfare under Ministry of Health & Family Welfare has issued an important clarification order regarding that the title of ‘Guidelines to be followed by Ministries/Departments while referring cases to Ministry of Health & Family Welfare on CGHS matters’.

Government of India

Ministry of Health & Family Welfare

Department of Health & Family Welfare

Nirman Bhawan, Maulana Azad Road

New Delhi 110 108

No.S.11011/1/2012-CGHS (P)

Dated the 27th June, 2012

OFFICE MEMORANDUM

Sub: Guidelines to be followed by Ministries/Departments while referring cases to Ministry of Health & Family Welfare on CGHS matters — reg.

Central Government Health Scheme (CGHS) was introduced in 1954 to provide comprehensive medical care for serving/retired Central Government employees and their family members. Instructions have been issued from time to time to regulate this medical facility to ensure that Ministries and Departments of Government of India including the CGHS beneficiaries have a clear idea on different aspects of CGHS.

2. Various instructions on eligibility, dependency, CGHS contributions, issue of CGHS cards, medical advance, settlement of medical claims and medical facilities provided under CGHS have been issued. These instructions are by no means exhaustive but an effort has been made to ensure that most cases are settled at the beneficiary’s own Ministry / Department.

3. Despite issuing a number of guidelines on settlement of reimbursement claims and delegation of powers for referral and approval cases, it has been observed that cases are being referred to this Ministry in a routine manner without adequate examination. Instances of cases have come to notice where despite the lack of documentary evidence, cases have been recommended and referred to this Ministry for examination, with or without the approval of the concerned Joint Secretary/Head of Department.

4. In such cases, it becomes difficult to examine the legitimacy of the claims and much time and effort is spent in collating and verifying the facts of the case.  Accordingly, it is impressed upon all the Ministries/Departments of the Government of India to ensure that cases are examined thoroughly as per the CGHS guidelines and instructions. If any clarification on CGHS policy matter/relaxation of rules is required, the Administrative Ministry / Department may, if they are satisfied with the justification/merit of the case, refer it to this Ministry with the specific recommendation of the concerned Joint Secretary /Head of Department along with all supporting documents.

5. This issues with the approval of Additional Secretary & Director General (CGHS).

sd/-

(V.P.Singh)

Deputy Secretary to the Government of India

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eMO new installation-Error in ommunication

When the eMO application is installed for the first time in new site, bulk payees will not be updated and while running the communication, the following error may come.

Solution from PTC: Run eMOBulkPayees23042012.exl script file using script tool.
Download

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