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Civil Law Test - 3

Description: Civil Law
Number of Questions: 15
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Tags: Civil Law
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Defamation by spoken words or gestures is known as

  1. innuendo

  2. slander

  3. libel

  4. None of these

Show answer
Correct Option: B
Explanation:

Slender is the correct usage.

For an offence of cheating, intention to cheat should be present

  1. in the end

  2. in the middle

  3. Both (1) and (2)

  4. from the very beginning

Show answer
Correct Option: D
Explanation:

For an offence of cheating, intention to cheat should be present from the very beginning.

In execution of a decree, a movable property is auctioned by the executing court. The auction purchaser deposits the entire auction price then and there, even before the expiry of 30 days, and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which of the following is legally correct?

  1. Objection is maintainable as it has been filed within 30 days of the auction.

  2. Auction sale is vitiated as the auction property has been delivered without waiting for its confirmation within 30 days of auction.

  3. No confirmation of sale is required in the present case.

  4. None of these

Show answer
Correct Option: C
Explanation:

No confirmation of sale is required in the present case.

When can a trial court release an accused on bail under Section 389(3) of the CrPC after conviction?

  1. Where accused is on bail and imprisonment is not exceeding 3 years

  2. Where accused is on bail and imprisonment is not exceeding 5 years

  3. Where accused is on bail and imprisonment is not exceeding 7 years

  4. Where offence is exclusively bailable whether accused is on bail or not

Show answer
Correct Option: A
Explanation:

Where accused is on bail and imprisonment is not exceeding 3 years, a trial court can release an accused on bail under Section 389(3) of the CrPC after conviction.

Time prescribed for filing which of the following cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?

  1. Revision under Section 115 of the CPC

  2. Application for execution under Order XXI of the CPC

  3. Appeal under Sections 96, 100 and 104 of the CPC

  4. Application for substitution under Order XXII of the CPC

Show answer
Correct Option: B
Explanation:

Section 5 of the Limitation Act,1963 provides that an appeal or an application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 may be admitted after a prescribed period.

Once revision is made before the court under the Code of Civil Procedure, 1908, it

  1. acts as a stay on the proceedings

  2. acts as a res-judicata on the issues

  3. acts as an injuction for immediate relief

  4. shall not operate as a stay of suit or other proceeding before the court except where such suit or proceeding is stayed by the court

Show answer
Correct Option: D
Explanation:

Revision means the act of revising and careful examination of cases. The power of Revision under CPC is lies with High Court. U/s 115(3), A revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the High Court.

Examine the two statements and give the correct answer: Assertion (A) : A did not try to extinguish fire so that he could earn more money from insurance Company, held guilty of Arson. Reason (R) : Actus non facit reum, nisi mens sit rea.

  1. Both (A) and (R) are true and ® is the correct explanation of (A).

  2. Both (A) and (R) are true and (R) is not correct explanation of (A).

  3. (A) is true but (R) is false.

  4. (A) is false but (R) is true.

Show answer
Correct Option: D
Explanation:

The maxim "Actus non facit reum, nisi mens sit rea" means there can be no crime without guilty mind. In the Assertion A didn't have guilty mind so he cannot be made liable for arson. 

A caveat under the Code of Civil Procedure, 1908 may be lodged when any

  1. suit is instituted

  2. proceeding is initiated or instituted

  3. suit is about to be instituted

  4. suit or proceeding is instituted or about to be instituted

Show answer
Correct Option: D
Explanation:

It may be lodged when suit or proceeding is instituted or about to be instituted.

Who cannot file an application for compensation under section 166 of the Motor Vehicles Act, 1988?

  1. The injured person

  2. The owner of property

  3. The legal representatives of the deceased

  4. A public interested person

Show answer
Correct Option: D
Explanation:

An application for Compensation under 166 of the Motor Vehicles act, 1988 can be filed by: The injured person, the owner of the property, the legal representative of the deceased and by an agent authorized by the person injured or any of the legal representative of the deceased. A public interest person cannot claim compensation u/s 166 of  this act.

Damages awarded for tortuous liabilities are

  1. liquidated

  2. unliquidated

  3. penal

  4. none of the above

Show answer
Correct Option: B
Explanation:

Damages awarded for tortuous liabilities are unliquidated.

Any person aggrieved by an order made by the competent authority under the Juvenile Justice (Care and protection of Children) Act, 2000 can appeal to

  1. Sessions Court

  2. High Court

  3. Home Minister

  4. Chief Judicial Magistrate

Show answer
Correct Option: A
Explanation:

A person aggrieved by the order under Juvenile Justice (Care and protection of Children) Act, 2000 can appeal to Session Court. Appeal cannot be made directly to High Court and Supreme Court, and Home Minister is not authorised to ertertain the appeal.

A prostitute suffering from a communicable disease has sexual intercourse with a man claiming that she was free from any disease. She commits

  1. unnatural offence

  2. hurt

  3. cheating

  4. mischief

Show answer
Correct Option: C
Explanation:

A dishonest concealment of facts is a deception under Section 415 of Indian Penal Code.

Code of Civil Procedure, 1908 is a

  1. substantive law

  2. procedural law

  3. combination of both substantive and procedural laws

  4. directory law

Show answer
Correct Option: B
Explanation:

Code of Civil Procedure, 1908 being a procedural law lays down the rules to be followed by courts in civil cases.

When a commission has been issued under Section 75, Code of Civil Procedure, 1908, the commission if not a Judge of Civil Court

  1. can call any witness relating to that matter

  2. can determine the legality of questions asked during the conduct of proceedings by the commission

  3. can extend time and grant exemption from personal appearance

  4. cannot impose penalties or fine and initiate contempt of court proceedings

Show answer
Correct Option: D
Explanation:

When a commission has been issued under Section 75, Code of Civil Procedure, 1908, the commission if not a Judge of Civil Court cannot impose penalties or fine and initiate contempt of court proceedings.

Under which of the following provisions of the Code of Civil Procedure, 1908 can an ex-parte order and ex-parte decree be set aside?

  1. Order 9, Rule 7 and Order 9, Rule 10

  2. Order 9, Rule 4 and Order 9, Rule 5

  3. Order 9, Rule 7 and Order 9, Rule 13

  4. Order 9, Rule 11 and Order 9, Rule 12

Show answer
Correct Option: C
Explanation:

Order 9, Rule 7 and Order 9, Rule 13

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