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Consider the following statement(s).<br>1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.<br>2. The counter-claim may be submitted by the defendant even after he has delivered his defence.<br>3. The counter-claim shall not exceed the pecuniary jurisdiction of the court.<br>Which of the statements given above are correct?
A
1 and 2
B
1 and 3
C
2 and 3
D
All these
Correct Answer:
1 and 3
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.
A
1 only
B
2 only
C
3 and 5
D
4 only
Propositions are:
1. Set-off and counter-claim arises out of the same transaction.
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.
3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
In respect of the aforesaid which is correct:
A
All 1, 2 and 3 are correct
B
1 and 2 are correct 3 is incorrect
C
1 and 3 are correct 2 is incorrect
D
2 and 3 are correct 1 is incorrect
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
A
Mischief
B
Threat
C
Assault
D
Battery
Consider the following statements:
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Of the above statements:
A
1, 2 and 3 are incorrect
B
2 and 3 are incorrect
C
1 and 3 are incorrect
D
1 and 4 are incorrect
Consider the following statements:
1. The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
2. The Supreme Court has original jurisdiction in any dispute between the Government of India and any State or States on one side and one or more other State on the other.
3. The Supreme Court has original jurisdiction in any dispute between the Government of India and any corporation of Individual one side and one or more States on the other.
4. The Supreme Court has original jurisdiction in any dispute between two or more States.
Which of these statements are correct?
A
1 and 2
B
1, 2 and 4
C
3 and 4 only
D
1, 2, 3 and 4
Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?
A
1, 2 and 3
B
1, 2, 3, and 4
C
1, 3 and 4
D
2 and 4
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
A
The plaintiff is entitled to claim damages from the defendant
B
The plaintiff is entitled to claim damages from the police
C
The plaintiff is entitled to claim damages from both
D
The plaintiff is not entitled to claim damages for malicious prosecution at all
In the following question, two statements are given each followed by two conclusions I and II. You have to consider the statements to be true even ifthey seem to be at variance from commonly known facts. You have to decide which of the given conclusions, if any, follows from the given statements. Statements:
(I) Empty set is a subset of any set.
(II) A set is a subset of power set. Conclusion:
(I) Empty set is a power set.
(II) A set is a subset of power set.
A
Conclusion I follows
B
Conclusion II follows
C
Neither I nor II follows
D
Both I and II follows
The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
A
The plaintiff after closure of evidence of defendant is entitled to lead evidence to prove the documents so shown for the first time in cross-examination
B
The plaintiff is not entitled to lead evidence in proof of the said documents which the plaintiff had failed to produce within the prescribed time
C
The said documents will be read in evidence at the time offinal arguments
D
The plaintiff can lead rebuttal evidence qua the said documents
Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:
A
3 only
B
2 and 3
C
2 and 4
D
1 and 4