Legal Principles Quiz: Compensation for Wrongs
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Questions and Answers

What is one of the categories for the inspection of documents as per the rule 15-19 of Order 11?

  • Documents that are personal to the parties involved.
  • Documents that are not mentioned in the affidavits.
  • Documents that are referred to in the affidavits or pleadings. (correct)
  • Documents that are irrelevant to the case.
  • Which rule allows the court to strike out or amend any matter in any pleading that is unnecessary or scandalous?

  • Order 11 Rule 15
  • Order 6 Rule 12
  • Order 11 Rule 19
  • Order 6 Rule 16 (correct)
  • An appeal against an order under rule 1, rule 2 of Order XXXIX of the C.P.Code, 1908 shall lie under which order?

  • Order XLI
  • Order XLII
  • Order XLIII (correct)
  • Order XLIV
  • What action can the court take when a claim is preferred against the attachment of property in execution of a decree?

    <p>The court can adjudicate on the claim or objection.</p> Signup and view all the answers

    What is one of the contents of the documents that can be inspected according to Order 11?

    <p>Documents referred to in the affidavits or pleadings.</p> Signup and view all the answers

    Under which order can a claim regarding the attachment of property be adjudicated?

    <p>Order XXI Rule 55</p> Signup and view all the answers

    What type of documents falls into the second category of inspection as stated in the rules?

    <p>Documents that are in the possession of the parties but not referred in pleadings.</p> Signup and view all the answers

    Who can depose to the facts of a case in relation to the corporation?

    <p>Any director of the company.</p> Signup and view all the answers

    What is the time limit for a party to carry out necessary amendments after obtaining an order for leave to amend if no time is specified?

    <p>Fourteen days</p> Signup and view all the answers

    Which section of the Civil Procedure Code provides inherent powers to the Court?

    <p>Section 151</p> Signup and view all the answers

    If a wrong is done within the jurisdiction of one Court, where can the plaintiff institute the suit?

    <p>In any Court of the plaintiff's choice</p> Signup and view all the answers

    What does Order 1 Rule 13 of the Civil Procedure Code address?

    <p>Non-joinder of parties</p> Signup and view all the answers

    What is the primary focus of Section 151 in the Civil Procedure Code?

    <p>Powers of the Court</p> Signup and view all the answers

    At what stage can objections based on non-joinder or misjoinder be raised according to the provisions mentioned?

    <p>At any stage of the proceedings</p> Signup and view all the answers

    Which related provision complements the amendment process outlined in Order 6 Rule 18?

    <p>Section 148</p> Signup and view all the answers

    Which of the following sections deals with the compensation for wrongs to a person's movable property?

    <p>Section 19</p> Signup and view all the answers

    Which type of decree does a suit for partition contain?

    <p>Preliminary decree</p> Signup and view all the answers

    In the event of a defendant's death, when should the legal representative be made a party in the suit?

    <p>When the right to sue does not survive against the surviving defendant</p> Signup and view all the answers

    Under which rule in the Code of Civil Procedure can a party improperly joined be struck out?

    <p>Order I Rule 10(2)</p> Signup and view all the answers

    A preliminary decree is characterized by which of the following?

    <p>Determining rights without complete disposal of the suit</p> Signup and view all the answers

    What happens to a suit if a sole defendant dies but the right to sue survives?

    <p>The suit continues against the deceased's representative</p> Signup and view all the answers

    Which of the following sections deals with the necessary parties in a partition suit?

    <p>Order I Rule 10</p> Signup and view all the answers

    Which of the following is NOT a characteristic of a preliminary decree in a partition suit?

    <p>It resolves all issues completely</p> Signup and view all the answers

    What is the requirement for bringing a prisoner to court according to the Code of Civil Procedure?

    <p>Under specific provisions of the Code</p> Signup and view all the answers

    What is the purpose of establishing pecuniary jurisdiction in the courts?

    <p>To prevent higher courts from being overburdened</p> Signup and view all the answers

    What is the maximum period specified for drawing a decree after a judgment is pronounced?

    <p>15 days</p> Signup and view all the answers

    According to Section 75 of the Code of Civil Procedure, what can the Court issue a commission for?

    <p>To make a local investigation</p> Signup and view all the answers

    What penalty may the court impose for default as per Section 32?

    <p>A fine not exceeding five thousand rupees</p> Signup and view all the answers

    What action can the court take to compel a person's attendance as per Section 32?

    <p>Order to furnish security for their presence</p> Signup and view all the answers

    Which of the following is NOT a method the court can use for compelling attendance?

    <p>Require the person to submit written evidence</p> Signup and view all the answers

    What does Order XX specify regarding the drawing of decrees?

    <p>Decrees must be drawn in less than 30 days</p> Signup and view all the answers

    Which of the following statements about higher courts is correct?

    <p>They can handle unlimited pecuniary jurisdiction.</p> Signup and view all the answers

    What does Order 8 Rule 9 state regarding subsequent pleadings?

    <p>No pleadings can be filed after the written statement except by way of defense.</p> Signup and view all the answers

    Which section of the Code of Civil Procedure deals with the power to amend decrees or orders when an appeal is dismissed?

    <p>Section 153A</p> Signup and view all the answers

    What is the primary focus of Order 22 Rule 4 in the Code of Civil Procedure?

    <p>It specifies procedures for handling the death of a sole defendant.</p> Signup and view all the answers

    How does Section 152 relate to the power to amend decrees or orders?

    <p>It enables amendments concerning errors caused by the court.</p> Signup and view all the answers

    Which order provides provisions for the death of one of several defendants in a suit?

    <p>Order 22, Rule 4</p> Signup and view all the answers

    When an appellate court dismisses an appeal summarily, what section helps amend the decree or order?

    <p>Section 153A</p> Signup and view all the answers

    What must happen to a person brought to court in custody according to the rules mentioned?

    <p>They must be kept near the court until authorized to leave.</p> Signup and view all the answers

    What is the role of the officer in charge (OIC) of the prison in relation to court orders?

    <p>To carry out the court's directive regarding custody arrangements.</p> Signup and view all the answers

    Study Notes

    Civil Procedure Code (CPC) Key Provisions

    • Section 19 relates to suits for compensation for wrongs to persons or movable property, allowing suits to be instituted at the plaintiff's option when the wrong occurred within one Court's jurisdiction, while the defendant resides in another.
    • Order I Rule 13 addresses objections regarding the non-joinder or misjoinder of parties, mandating that such objections should be raised at the earliest possible opportunity.
    • Order 6 Rule 18 stipulates the timeframe for amending pleadings when no time limit is set by the order, specifically allowing a party fourteen days to complete necessary amendments.
    • Section 151 of the CPC outlines the inherent powers of the Court to make necessary amendments under certain provisions.

    Specific Provisions

    • Section 153A grants the power to amend decrees or orders when appeals are dismissed summarily, with further links to Sections 152 and 148 of the CPC.
    • Order 22 Rule 4 discusses the procedure in case of the death of one of the defendants or sole defendant, requiring legal representatives to be substituted as parties to continue the suit.
    • Order 20 Rule 18 determines that a suit for partition shall manifest a preliminary decree when parties' rights are adjudicated but the suit is not fully disposed of.

    Court Procedures

    • Order 6 Rule 16 allows the Court to strike out unnecessary or scandalous pleas at any stage of proceedings to facilitate a fair trial.
    • Rule 1 and Rule 2 of Order XXXIX specify appeal procedures against orders, allowing appeals to be lodged under Order XLIII.
    • Order XXI Rule 58 outlines the adjudication process for claims against property attached in execution, confirming that proper procedures must be followed when disputing property liability.

    Enforcement and Jurisdiction

    • The High Courts and District Courts in India possess no pecuniary limitations, while other courts have set jurisdictional caps to manage caseloads effectively.
    • Section 32 stipulates penalties for noncompliance with court orders, empowering courts to compel attendance of summoned individuals through arrests or property attachments.
    • Order 20 governs the drawing of decrees within a specified time period following judgment, establishing clarity on procedural timelines for judges.

    Additional Powers

    • Section 75 allows the Court to issue commissions for local investigations or to hold expert investigations when necessary to ensure justice and fact-finding in cases.
    • Order 11 prescribes rules for inspection of documents, categorizing them based on whether they are referred to in pleadings or not, aiding in the clarity of trial preparations.

    These notes summarize crucial sections and procedures within the Civil Procedure Code, emphasizing the significance of jurisdiction, amendments, and enforcement mechanisms.

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    Description

    Test your understanding of legal principles concerning compensation for wrongs to individuals or movable property as outlined in Section 19. This quiz will cover key provisions and related rules that apply during this legal process.

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