Code of Civil Procedure Code 1908 LAW GAT MCQS Test 3
50 questions · Law GAT
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Question 1 of 50
Chapter XI of the Cr.P.C. deals with:
ExplanationChapter XI of the Cr.P.C. deals with: Temporary orders in urgent cases of nuisance and apprehended danger.
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Question 2 of 50
An order passed under Section 144 is generally not to remain in force for more than:
ExplanationAn order passed under Section 144 is generally not to remain in force for more than: Two months, unless extended in accordance with law.
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Question 3 of 50
Under Section 155, a police officer generally cannot investigate a non-cognizable case without the:
ExplanationUnder Section 155, a police officer generally cannot investigate a non-cognizable case without the: Order of a Magistrate having power to try such case or commit it for trial.
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Question 4 of 50
Under Order VII, Rule 1, what must the essential contents of a plaint include?
ExplanationDetails such as the parties' names, the facts constituting the cause of action, and the relief claimed — Under Order VII, Rule 1, what must the essential contents of a plaint include.
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Question 5 of 50
Under Order VIII, if a defendant does not specifically deny an allegation of fact in the plaint, nor state that it is not admitted, what is the general legal consequence?
ExplanationThe allegation shall be taken to be admitted, except as against a person under disability — Under Order VIII, if a defendant does not specifically deny an allegation of fact in the plaint, nor state that it is not admitted, what is the general legal consequence.
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Question 6 of 50
Which specific rule of Order IX addresses dismissal of a suit where summons was not served due to the plaintiff's failure to pay required fees or charges?
ExplanationRule 2 — Which specific rule of Order IX addresses dismissal of a suit where summons was not served due to the plaintiff's failure to pay required fees or charges.
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Question 7 of 50
Under Order VII, Rule 11, is a plaint liable to rejection where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so?
ExplanationYes — Under Order VII, Rule 11, is a plaint liable to rejection where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so.
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Question 8 of 50
What is the difference between a temporary injunction and a perpetual injunction?
ExplanationA temporary injunction is an interim remedy pending the suit, while a perpetual injunction is granted at the final hearing on the merits — What is the difference between a temporary injunction and a perpetual injunction.
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Question 9 of 50
Section 156(3) empowers a Magistrate, upon a complaint or application, to:
ExplanationSection 156(3) empowers a Magistrate, upon a complaint or application, to: Order an investigation into a cognizable offence.
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Question 10 of 50
Under Order VII, Rule 1, what must a plaint state regarding the court's jurisdiction?
ExplanationThe facts showing that the court has jurisdiction — Under Order VII, Rule 1, what must a plaint state regarding the court's jurisdiction.
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Question 11 of 50
Under Order IX, Rule 4, what may a plaintiff generally do after a suit is dismissed for non-appearance of both parties under Rule 3?
ExplanationApply for an order to set the dismissal aside, or bring a fresh suit, subject to the law of limitation — Under Order IX, Rule 4, what may a plaintiff generally do after a suit is dismissed for non-appearance of both parties under Rule 3.
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Question 12 of 50
A copy of the FIR recorded under Section 154 is required to be given, free of cost, to the:
ExplanationA copy of the FIR recorded under Section 154 is required to be given, free of cost, to the: Informant.
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Question 13 of 50
Under the proviso to Section 160, certain categories of persons, such as women and males under a specified age or persons of unsound mind/infirmity, are generally:
ExplanationUnder the proviso to Section 160, certain categories of persons, such as women and males under a specified age or persons of unsound mind/infirmity, are generally: Not required to attend at any place other than their own residence.
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Question 14 of 50
Under Section 145, the Magistrate's inquiry is primarily directed towards determining:
ExplanationUnder Section 145, the Magistrate's inquiry is primarily directed towards determining: Which party was in actual possession of the subject-matter of dispute, not who holds legal title.
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Question 15 of 50
Statements recorded under Section 161 are distinguished from statements recorded by a Magistrate under Section 164 chiefly because the latter:
ExplanationStatements recorded under Section 161 are distinguished from statements recorded by a Magistrate under Section 164 chiefly because the latter: Are recorded by a judicial officer with greater procedural safeguards regarding voluntariness.
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Question 16 of 50
The overall object of Chapter X is best described as providing a:
ExplanationThe overall object of Chapter X is best described as providing a: Summary and speedy remedy against public nuisances without the need for a full civil suit.
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Question 17 of 50
The 'zero FIR' practice, recognized in some jurisdictions, refers to registering an FIR:
ExplanationThe 'zero FIR' practice, recognized in some jurisdictions, refers to registering an FIR: Irrespective of the police station's territorial jurisdiction, for later transfer to the appropriate station.
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Question 18 of 50
Chapter XIV, taken as a whole, primarily regulates the:
ExplanationChapter XIV, taken as a whole, primarily regulates the: Manner in which information of offences reaches the police and the conduct of criminal investigation.
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Question 19 of 50
Under Order IX, Rule 6, what may a court do if the plaintiff appears but the defendant does not appear when the suit is called for hearing, despite proper service?
ExplanationOrder the suit to be heard ex parte — Under Order IX, Rule 6, what may a court do if the plaintiff appears but the defendant does not appear when the suit is called for hearing, despite proper service.
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Question 20 of 50
Section 161 empowers a police officer to orally examine any person supposed to be acquainted with the facts and circumstances of the case, and such statements are:
ExplanationSection 161 empowers a police officer to orally examine any person supposed to be acquainted with the facts and circumstances of the case, and such statements are: Not ordinarily required to be signed by the person making them.
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Question 21 of 50
Under Order IX, Rule 1, on the day fixed in the summons, where must the parties be in attendance?
ExplanationAt the court-house, in person or by their respective pleaders, unless the hearing is adjourned — Under Order IX, Rule 1, on the day fixed in the summons, where must the parties be in attendance.
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Question 22 of 50
Under Order IX, Rule 2's proviso, must a court dismiss the suit if the defendant appears in person or through an agent on the day fixed, despite non-service of summons?
ExplanationNo, dismissal shall not be ordered in that circumstance — Under Order IX, Rule 2's proviso, must a court dismiss the suit if the defendant appears in person or through an agent on the day fixed, despite non-service of summons.
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Question 23 of 50
What is a written statement, in general terms?
ExplanationThe defendant's formal reply to the plaintiff's claim, addressing the allegations made in the plaint — What is a written statement, in general terms.
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Question 24 of 50
Under Order VIII, if a defendant fails to specifically deny an allegation in the plaint, what is the general legal effect?
ExplanationThe allegation may be taken as admitted — Under Order VIII, if a defendant fails to specifically deny an allegation in the plaint, what is the general legal effect.
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Question 25 of 50
An order under Chapter X directing removal of a nuisance, once made absolute, is generally enforceable in a manner similar to:
ExplanationAn order under Chapter X directing removal of a nuisance, once made absolute, is generally enforceable in a manner similar to: Other final orders of a Magistrate under the Code.
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Question 26 of 50
Section 143 empowers a Magistrate to make an order prohibiting the:
ExplanationSection 143 empowers a Magistrate to make an order prohibiting the: Repetition or continuance of a public nuisance.
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Question 27 of 50
Which specific rule of Order IX addresses dismissal where the plaintiff fails, after unserved summons, to apply for fresh summons within the prescribed period?
ExplanationRule 5 — Which specific rule of Order IX addresses dismissal where the plaintiff fails, after unserved summons, to apply for fresh summons within the prescribed period.
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Question 28 of 50
Under Order VII, is a plaint's statement of jurisdiction facts a mere formality, or does the plaintiff need to show facts actually establishing jurisdiction?
ExplanationThe plaintiff must show facts actually establishing that the chosen court has jurisdiction — Under Order VII, is a plaint's statement of jurisdiction facts a mere formality, or does the plaintiff need to show facts actually establishing jurisdiction.
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Question 29 of 50
Under Order XXXIX, what happens to a temporary injunction once the underlying suit is finally decided?
ExplanationIt generally merges into or is superseded by the final relief granted (or refused) in the decree — Under Order XXXIX, what happens to a temporary injunction once the underlying suit is finally decided.
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Question 30 of 50
The term 'investigation' under the Cr.P.C. is broader than mere arrest, and includes activities such as:
ExplanationThe term 'investigation' under the Cr.P.C. is broader than mere arrest, and includes activities such as: Examination of witnesses, collection of evidence and search and seizure.
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Question 31 of 50
Under Order IX, Rule 3, what is the consequence where neither party appears when the suit is called on for hearing?
ExplanationThe court may make an order that the suit be dismissed — Under Order IX, Rule 3, what is the consequence where neither party appears when the suit is called on for hearing.
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Question 32 of 50
A common practical use of Section 144 orders is to:
ExplanationA common practical use of Section 144 orders is to: Prohibit the assembly of persons or carrying of weapons in a specified area to prevent public disorder.
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Question 33 of 50
A Magistrate exercising powers under Section 144 must generally record, in the order itself, the:
ExplanationA Magistrate exercising powers under Section 144 must generally record, in the order itself, the: Material facts of the case justifying the order.
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Question 34 of 50
Chapter XVI of the Cr.P.C. deals with:
ExplanationChapter XVI of the Cr.P.C. deals with: Complaints to Magistrates.
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Question 35 of 50
Under Order IX, Rule 9, what must a plaintiff show to have a dismissal under Rule 8 set aside?
ExplanationSufficient cause for his non-appearance when the suit was called on for hearing — Under Order IX, Rule 9, what must a plaintiff show to have a dismissal under Rule 8 set aside.
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Question 36 of 50
Under Order IX, Rule 8, if the defendant appears but the plaintiff does not, and the defendant admits only part of the plaintiff's claim, what does the court do?
ExplanationPass a decree against the defendant on the admitted part, and dismiss the suit as to the remainder — Under Order IX, Rule 8, if the defendant appears but the plaintiff does not, and the defendant admits only part of the plaintiff's claim, what does the court do.
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Question 37 of 50
What does Order XXXIX of the CPC deal with?
ExplanationTemporary injunctions and interlocutory orders — What does Order XXXIX of the CPC deal with.
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Question 38 of 50
Under Order VII, Rule 11, what happens to a plaint that does not disclose a cause of action or fails to meet the required legal formalities?
ExplanationIt may be rejected by the court — Under Order VII, Rule 11, what happens to a plaint that does not disclose a cause of action or fails to meet the required legal formalities.
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Question 39 of 50
A supplementary police report (supplementary challan) may be filed where:
ExplanationA supplementary police report (supplementary challan) may be filed where: Further evidence is discovered after submission of the initial report under Section 173.
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Question 40 of 50
Under Order IX, can a decree be set aside merely on the ground of an irregularity in the service of summons?
ExplanationNo, not if the court is satisfied the defendant had notice of the hearing date and sufficient time to appear and answer — Under Order IX, can a decree be set aside merely on the ground of an irregularity in the service of summons.
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Question 41 of 50
Section 147 specifically deals with disputes as to the right of use of:
ExplanationSection 147 specifically deals with disputes as to the right of use of: Land or water.
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Question 42 of 50
Which single Code section would most directly resolve a dispute over whether a judgment-debtor has actually paid the sum awarded in a prior decree?
ExplanationSection 47, since this concerns execution, discharge, or satisfaction of the decree — Which single Code section would most directly resolve a dispute over whether a judgment-debtor has actually paid the sum awarded in a prior decree.
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Question 43 of 50
Under Order IX, Rule 7, what may happen if a defendant who was absent at a previous hearing appears at a later hearing and shows good cause for the earlier absence?
ExplanationThe court may, in its discretion, allow the defendant to be heard as if he had appeared on the first hearing date — Under Order IX, Rule 7, what may happen if a defendant who was absent at a previous hearing appears at a later hearing and shows good cause for the earlier absence.
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Question 44 of 50
Under Order XXXIX, what is the underlying purpose of granting a temporary injunction?
ExplanationTo maintain and preserve the status quo at the time of institution of the proceedings — Under Order XXXIX, what is the underlying purpose of granting a temporary injunction.
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Question 45 of 50
Under Order VIII, Rule 5, what may a court do where a defendant has not filed any written statement at all?
ExplanationPronounce judgment on the basis of the facts contained in the plaint, except against a person under disability — Under Order VIII, Rule 5, what may a court do where a defendant has not filed any written statement at all.
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Question 46 of 50
Any person having knowledge of the commission of a cognizable offence may generally:
ExplanationAny person having knowledge of the commission of a cognizable offence may generally: Give information of it to the police under Section 154.
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Question 47 of 50
Under Order IX, what is the general standard a court applies before setting aside an ex parte decree due to irregular service?
ExplanationWhether the defendant nonetheless had notice of the hearing date and sufficient time to appear and answer — Under Order IX, what is the general standard a court applies before setting aside an ex parte decree due to irregular service.
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Question 48 of 50
Under Order IX, Rule 5, what happens if, after summons is returned unserved, the plaintiff fails for the prescribed period to apply for fresh summons?
ExplanationThe court may dismiss the suit against the defendant who was not served — Under Order IX, Rule 5, what happens if, after summons is returned unserved, the plaintiff fails for the prescribed period to apply for fresh summons.
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Question 49 of 50
Under Order VIII, if a defendant wishes to raise a claim of his own against the plaintiff within the same suit, distinct from a mere denial, what mechanism does the Code contemplate?
ExplanationA set-off or counter-claim — Under Order VIII, if a defendant wishes to raise a claim of his own against the plaintiff within the same suit, distinct from a mere denial, what mechanism does the Code contemplate.
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Question 50 of 50
Section 154 governs the recording of information relating to:
ExplanationSection 154 governs the recording of information relating to: A cognizable offence, commonly known as the First Information Report (FIR).
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