Civil Procedure 101

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Questions and Answers

At what time can a judgment-debtor be arrested in execution of a decree?

Only during business hours

Only during daytime

At any hour and on any day (correct)

Only on weekdays

What must happen as soon as practicable after a judgment-debtor is arrested?

He must be released on bail

He must provide financial records

He must pay a fine immediately

He must be brought before the Court (correct)

Under what condition can outer doors of a dwelling-house be broken open?

If it is after sunset

If the officer believes the judgment-debtor is inside and he refuses entry (correct)

If the officer has no other way in

If the judgment-debtor is not home

What is required if the room where the judgment-debtor may be found is occupied by a woman who does not appear in public?

The officer must notify her to withdraw first Signup and view all the answers

What happens if the judgment-debtor pays the decree amount and arrest costs to the arresting officer?

He is released immediately Signup and view all the answers

Who has the authority to declare that certain persons cannot be arrested in execution of a decree?

The State Government Signup and view all the answers

What must the State Government provide regarding the procedure for arresting certain persons?

Prescribed procedures for the arrests Signup and view all the answers

Which of the following statements about the detention of a judgment-debtor is incorrect?

Detention may involve breaking down doors at any time Signup and view all the answers

What is the role of every officer of a Court of Justice as defined?

To investigate or report on any matter of law or fact. Signup and view all the answers

Who is empowered to confine individuals according to the definitions provided?

A person holding an office that grants such power. Signup and view all the answers

Which of the following is included in the definition of 'share in a corporation'?

Securities, stocks, and debentures. Signup and view all the answers

What is implied by the term 'subordination of Courts'?

The District Court is subordinate to the High Court. Signup and view all the answers

Which statement best describes the term 'signed' as used in the definitions?

It includes both stamped and handwritten signatures, excluding judgments. Signup and view all the answers

Which type of law is not limited by the provisions of this Code?

Special or local law. Signup and view all the answers

Which function is NOT assigned to every officer ineffectively serving the public duty?

Judging criminal cases independently. Signup and view all the answers

Who has the duty to protect public health, safety, or convenience?

Every officer of the Government. Signup and view all the answers

What is meant by 'decree-holder'?

A person in whose favor a decree has been passed Signup and view all the answers

Which of the following defines 'foreign judgment'?

A judgment passed by a foreign Court Signup and view all the answers

Which entity is included in the definition of 'Government Pleader'?

An officer appointed by the State Government for specific functions Signup and view all the answers

What does the term 'Order' refer to in a Civil Court context?

Any decision that is not considered a decree Signup and view all the answers

Who qualifies as a 'judgment-debtor'?

A person against whom a decree has been passed Signup and view all the answers

What does 'movable property' include?

Growing crops and other tangible items Signup and view all the answers

What is the role of a 'pleader'?

Any person who is legally allowed to argue on behalf of another in court Signup and view all the answers

Which of the following best defines 'legal representative'?

An individual representing the estate of a deceased person Signup and view all the answers

What can a judgment-debtor request upon being arrested in execution of a decree for payment of money?

To be declared an insolvent Signup and view all the answers

Under what condition can a court release a judgment-debtor from arrest?

If the debtor submits a security that ensures an application for insolvency within one month Signup and view all the answers

What is prohibited regarding the arrest or detention of women?

They cannot be arrested in execution of a decree for money Signup and view all the answers

What happens to a person detained for more than one thousand rupees as per the decree?

They are detained for a maximum of three months Signup and view all the answers

Which of the following is NOT a valid reason for releasing a detained judgment-debtor?

An appeal for release based on emotional distress Signup and view all the answers

What is the maximum period of detention for a decree amounting to more than five hundred but less than or equal to one thousand rupees?

Six weeks Signup and view all the answers

What action can the court take if a debtor fails to apply for insolvency after providing security?

Direct the realization of the security or commit them to civil prison Signup and view all the answers

Who is responsible for fixing the scales of monthly subsistence allowances for judgment-debtors?

The State Government Signup and view all the answers

What is included in the definition of 'former Indian State' as per the provided content?

Any Indian State specified by the Central Government in the Official Gazette Signup and view all the answers

When is the date referred to as the 'commencement of the Constitution'?

January 26, 1950 Signup and view all the answers

In the context of interpleader suits, who is the person that can institute the suit?

The individual holding the disputed property with no claim Signup and view all the answers

What does the term 'Ruler' refer to in relation to a former Indian State?

The same meaning as defined in article 363 of the Constitution Signup and view all the answers

What is required for an interpleader suit to be instituted?

At least two claimants contesting the same claim Signup and view all the answers

Study Notes

Definitions and Key Terms

Adjudication: A decree can be final or partially final when it completely resolves a suit.
Decree-holder: Refers to any person in favor of whom a decree has been issued.
District Court: Describes the jurisdiction of the principal Civil Court and includes High Court's ordinary original civil jurisdiction.
Foreign Court: Defined as any court located outside India not established by Central Government authority.
Foreign Judgment: The decision reached by a foreign court.
Government Pleader: Encompasses officers appointed by the State Government to execute functions of a Government Pleader as per the legal Code.
High Court: For the Andaman and Nicobar Islands, it refers specifically to the High Court in Calcutta.
India: Excludes the State of Jammu and Kashmir for all sections except specified ones.
Judge: The presiding officer of a Civil Court.
Judgment: The judge's formal explanation of the rationale behind a decree or order.
Judgment-debtor: A person against whom a decree has been issued.
Legal Representative: Represents a deceased person's estate, includes individuals who intermeddle with that estate.
Means Profits: Profits received from property in wrongful possession, excluding gains from improvements.
Movable Property: Includes items such as growing crops.
Order: A formal decision by a Civil Court that isn't classified as a decree.
Pleader: Any individual allowed to plead on behalf of another, covers advocates and attorneys.
Public Officer: Various officials including judges, armed forces members, and court officers involved in law enforcement and public duties.
Rules: Refers to rules and forms in the relevant legal schedules.
Share in a Corporation: Includes stocks and debentures alongside more standardized equity terms.
Signed: Generally includes stamped signatures, with exceptions for judgments and decrees.

Court Hierarchy

District Courts are subordinate to High Courts.
Civil Courts and Courts of Small Causes rank below District Courts.

Legal Provisions for Judgment-Debtors

Arrest Procedures: Judgment-debtors can be arrested any time; restrictions apply for entering dwellings at night.
Women Protection: Courts cannot order the arrest or detention of women for money decrees.
Financial Relief: Judgment-debtors may be informed of insolvency options when arrested.
Detention Period: Limits are placed on detention duration according to monetary decree amounts.
Release Conditions: Judgment-debtors can secure release by paying the decree amount or upon other specified conditions.

Enforcement and Special Provisions

Interpleader Suit: Allows multiple claimants of the same property to seek a court decision on rightful ownership.
Special Jurisdiction: Provisions are applied similarly for rulers of former Indian States as they are for rulers of foreign states.

Provisions for Execution of Decrees

Arrest may occur under strict conditions, with governmental notifications regulating potential exemptions.
Courts must inform judgment-debtors of rights to seek insolvency and appropriate actions required post-arrest.

Miscellaneous

Governments may set subsistence allowances for detained judgment-debtors based on rank and nationality.
Various older provisions remain applicable for suits involving historical Indian state rulers before constitutional changes.

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Description

This quiz covers fundamental concepts of civil procedure law, including definitions of terms such as decree-holder and district jurisdiction. It is designed to help you understand the key elements of adjudication and its implications in legal contexts.