Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App

Propositions are:<br>1. Set-off and counter-claim arises out of the same transaction.<br>2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.<br>3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.<br>In respect of the aforesaid which is correct:

Correct Answer: 2 and 3 are correct 1 is incorrect

Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure
1. Written arguments can be filed before the conclusion of oral arguments
2. A copy of the written arguments shall be punished simultaneously to the other party
3. Adjournment shall be granted generally for the purpose of filing the written arguments
4. the Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure, 1908:
1. A copy of the written arguments shall be furnished simultaneously to the opposite party
2. Adjournment shall be granted generally for the purpose of filing the written arguments
3. The Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:

Consider the following set of legal propositions:
1. A person can claim damages for all wrongs he has suffered.
2. A person can claim damages for wrongs only if they are caused intentionally.
3. A person can claim damages for a wrong if it is caused by infringement of this legal right.
4. A person can claim damage even if he has suffered no loss.
Of the above propositions:

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

The propositions are
1. Delay and dispatch of FIR (First Information Report) is not the circumstance which can throw out prosecution case in its entirety.
2. Delay and despatch of FIR (First Information Report) is a circumstance which can throw out the prosecution case in its entirety.
3. The extraordinary delay in sending the FIR (First Information Report) is a circumstance which provides a legitimate basis for suspecting that the FIR (First Information Report) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvement,
Which of the following is correct in respect of the aforesaid preposition?

The propositions are:
1. Delay in despatch of the First information Report (FIR) is not a circumstance which can throw out the prosecution case in its entirety.
2. Delay in despatch of the First information Report (FIR) is a circumstance which can throw out the prosecution case in its entirety.
3. The extra-ordinary delay in sending the First information Report (FIR) is a circumstance which provides a legitimate basis for suspecting that the First information Report (FIR) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition

The different variant of Date() constructor to create date object is/are ___________ i. new Date(date) ii. new Date(milliseconds) iii. new Date(date string) iv. new Date(year, month, date)

A' a resident of Mumbai has a website 'www.caravan.co.in' launched in 2015. 'A' has a business of apparels in Mumbai having a trade mark 'CARAVAN'. The website is accessible from Delhi. 'B' a resident of Hyderabad starts a website 'www.caravaan.co.in' in 2017 having the same business. The website of 'B' consists of a catalogue, a toll free number, and an email address. 'A' wants to file a suit for passing off of trade mark in Delhi.
1. 'A' can file a suit in Delhi on the basis of accessibility of website of 'B'.
2. 'A' cannot file a suit merely on the accessibility of website.
3. 'A' cannot file a suit in Delhi as the website of 'B' is not interactive.
4. 'A' can file a suit if 'B' specifically targets the forum state resulting in harm to 'A' in forum State.
Choose the correct option from below: