Part 2 MCQ Quiz in मल्याळम - Objective Question with Answer for Part 2 - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Section 56

Key Points

• Section 56 of the Civil Procedure Code (CPC), 1908 provides that:
• "Notwithstanding anything in this part, the court shall not order the arrest or detention of a woman in execution of a decree for the payment of money."
• This section is a protective provision meant to safeguard women from being arrested solely for civil debt or monetary obligations.
• However, a woman can be arrested in other types of civil cases (e.g., breach of injunction), depending on the nature of the decree—but not for money decrees.

Additional Information

• 1) Section 55 – Incorrect: Deals with arrest and detention in general, but does not prohibit arrest of women.
• 3) Section 57 – Incorrect: Deals with subsistence allowance for judgment-debtor in civil prison.
• 4) Section 58 – Incorrect: Provides for detention periods for defaulters, not about the exemption for women.

The correct answer is Promissory Notes

Key Points

• Under Section 60 of the Code of Civil Procedure (CPC), 1908, certain properties are liable and some are exempt from attachment and sale in execution of a decree.
• Promissory Notes:
  • These are considered movable property and are not exempted under Section 60.
  • Therefore, they can be attached and sold in execution of a decree.

Additional Information

• 1) Necessary wearing-apparel – Incorrect: Specifically exempted from attachment under Section 60(1).
• 3) Tools of artisans – Incorrect: Also exempted to ensure their livelihood is not destroyed.
• 4) Books of accounts – Incorrect: Exempted because they are necessary for business or professional continuity and may not have intrinsic sale value.

The correct answer is The court executing the decree

Key Points

• This situation is governed by Section 47 of the Code of Civil Procedure, 1908 (CPC).
• Section 47 CPC states that all questions relating to execution, discharge, or satisfaction of a decree shall be determined by the executing court.
• The question whether a person is or is not a representative of a party to the decree is directly related to execution and therefore falls under Section 47.
• The executing court has exclusive jurisdiction to decide such questions; no separate suit is maintainable.
• This avoids multiplicity of proceedings and ensures speedy execution of decrees.​

Additional Information

• The court which passed the decree: Incorrect. Once the decree enters execution, the executing court deals with such questions.
• The appellate court:Incorrect. The appellate court does not decide execution-related questions.
• None of the above:Incorrect. The correct authority is the executing court.

The correct answer is Section 56

Key Points

• Section 56 of the CPC prohibits the arrest or detention of women in execution of a decree for the payment of money.
• It overrides general provisions for arrest in execution under Section 55.
• This provision protects women from being detained in civil prison specifically for monetary decrees.

Additional Information

• Section 55 – Deals with general arrest and detention in civil prison in execution of a decree.
• Section 57 – Relates to subsistence allowance for judgment-debtor during detention.
• Section 58 – Provides detention period limits for defaulters in money decrees (not about women specifically).

The correct answer is Bank Notes, Cheques and Bill of Exchange

Key Points

• Under Section 60(1), CPC, the following are expressly liable to attachment and sale in execution of a decree:
  • Bank-notes, cheques, bills of exchange
  • Promissory notes
  • Government securities
  • Bonds
  • Shares
  • Lands, houses, buildings
  • Debts and other movable/immovable saleable property

Additional Information

• Option 2) Cooking vessels, beds & wearing apparels – Exempt under proviso (a); considered essential household items.
• Option 3) Books of accounts – Exempt under proviso (d); not attachable in execution of a decree.
• Option 4) Stipends and gratuity – Exempt under proviso (g); not liable to attachment if allowed to pensioners of the Government, local authority, or other employer.

The correct answer is Option 4.

Key PointsSection 38. Court by which decree may be executed—
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution. 

The correct answer is neither modify nor vary the terms of the decree

Key Points

• As per Section 47 of CPC,  any matter related to the execution, discharge, or satisfaction of a decree between two or more parties or their representatives in their absence must be determined in the same execution proceedings.
• No other or separate suit must be filed for the same. This indicates that the Section has a much wider scope than it looks. The executing court has been conferred exclusive jurisdiction on all matters related to execution, discharge, or satisfaction of a decree.

Additional Information

• Incorrect Options:
  • Option 1 (Modify terms of the decree): An executing court cannot modify the terms of the decree. Modifying the decree would essentially mean changing the judgment, which is beyond the scope of an executing court's powers.
  • Option 2 (Vary the terms of the decree): Similarly, varying the terms implies altering the decree's conditions, which an executing court is not authorized to do.
  • Option 3 (Modify and vary the terms of the decree): Combining the powers to modify and vary the terms is incorrect for the same reasons as above. The executing court's role is strictly to enforce the decree as it stands.
• Legal Precedents:
  • Various legal precedents and judicial pronouncements have consistently upheld that an executing court must execute the decree as it is and cannot go beyond its terms.
  • This principle ensures consistency and respect for the judicial process, preventing lower courts from altering higher court decisions.

The correct answer is 'One-third'

Key Points

• Execution of a decree for maintenance:
  • In legal terms, maintenance refers to the financial support that one party is ordered to provide to another, typically in cases of divorce or separation.
  • When a court issues a decree for maintenance, it can enforce this order by affecting the salary of the person who is obligated to pay.
  • The extent to which the salary can be affected is crucial to ensure that the maintenance order is fulfilled while also allowing the person to retain sufficient income for their own needs.

Additional Information

• Incorrect Options:
  • One-fourth:
    • This option is incorrect as the law specifies that the maximum portion of salary that can be affected is more than one-fourth.
  • Two-thirds:
    • This option is incorrect because it allows for a much larger portion of salary to be affected than what is legally permissible.
  • One-half:
    • This option is incorrect as it also exceeds the legally allowed portion that can be affected for maintenance purposes.

The correct answer is 'X and Y both as legal representatives'

Key Points

• Legal Representation in a Suit:
  • When a person dies, any legal proceedings that were initiated by them can be continued by their legal representatives.
  • In the context of the given scenario, the legal representatives of A would be his immediate heirs, i.e., his son X and daughter Y.
  • Both X and Y have equal rights to represent their deceased father in any ongoing legal suit.
  • This ensures that the interests of all heirs are protected and represented in the legal proceedings.

Additional Information

• Other Options Analysis:
  • Y alone as legal representative: This is incorrect because the son X also has the right to represent his deceased father in the legal proceedings along with Y.
  • X, Y, and the husband of Y as legal representatives: This is incorrect because the husband of Y is not a direct heir of A and does not have the right to be a legal representative in this context.
  • X alone as legal representative: This is incorrect because the daughter Y also has the right to represent her deceased father along with X.

The correct answer is 'OPTION 4'

Key Points

• Section 75 of the Code of Civil Procedure:
  • Section 75 of the Code of Civil Procedure (CPC) outlines the conditions under which a court may issue a commission.
  • This provision is designed to aid the court in gathering information and performing functions that require specialized knowledge or local insight.
  • Issuing a commission helps in situations where direct court intervention is impractical or impossible.
• Local Investigation:
  • A court may issue a commission to make a local investigation to gather facts and evidence on the ground.
  • This is often done in property disputes or cases where the physical condition or location needs to be examined.
• Scientific, Technical, or Expert Investigation:
  • The court may also issue a commission to hold a scientific, technical, or expert investigation.
  • This is crucial in cases requiring specialized knowledge, such as medical malpractice, engineering defects, or financial audits.
• Ministerial Act:
  • A commission may be issued to perform any ministerial act, which involves the execution of tasks that do not require judicial discretion.
  • Examples include recording evidence, executing documents, or performing administrative duties.

Additional Information

• Importance of Commissions in Judicial Proceedings:
  • Commissions are essential for collecting evidence that might be otherwise inaccessible to the court.
  • They ensure that the court's decisions are based on comprehensive and accurate information.
  • Commissions also help in expediting the judicial process by delegating specific tasks to qualified individuals.
• Limitations and Safeguards:
  • The use of commissions is subject to judicial oversight to prevent misuse.Commissions must operate within the scope defined by the court's order.
  • Reports and findings of the commissions are subject to scrutiny and objections by the parties involved.