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Which of the following combinations are correctly matched?<br>1. Temporary ⇔ Order 39 Code of Civil Procedure injunction<br>2. Suit by Indigent ⇔ Order 33 Code of Civil Procedure person<br>3. Powers of Appellate ⇔ Section 102 Code of Civil Procedure Hate Court<br>4. Right to file ⇔ Section 148A Code of Civil Procedure caveat<br>Select correct answer:
A
1, 2 and 4
B
1, 2 and 3
C
1, 3 and 4
D
2, 3 and 4
Correct Answer:
1, 2 and 4
Which of the following pairs is/are correctly matched?
1. Right to file caveat Section 148-A, Code of Civil Procedure
2. Pauper suit Section 33, Code of Civil Procedure
3. Privileged document Section 29, Code of Civil Procedure
4. Powers of appellate court Section 102, Code of Civil Procedure
A
1 only
B
4 only
C
1 and 2
D
2, 3 and 4
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
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
Under which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act?
1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order.
2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal.
3. If the omission or mistake is on the part of appellate tribunal.
4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law.
Select the correct answer:
A
1, 2 and 3
B
2, 3 and 4
C
1, 3 and 4
D
Both 3 and 4
Which of the following combinations are correctly matched-
1. Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor
2. Privileged ⇔ Section 29 Code of Civil Procedure documents
3. Legal ⇔ Section 50 Code of Civil Procedure representative
4. Pauper suit ⇔ Order 33 Code of Civil Procedure
Select correct answer:
A
1, 2 and 3
B
1, 2 and 4
C
2, 3 and 4
D
1, 3 and 4
X' files a suit for declaration of title and permanent injunction against 'Y' and files an application for temporary injunction under Order XXXIX, Rule 1(c), Code of Civil Procedure, The Court dismisses the application for temporary injunction. 2 months later, during the pendency of the suit, X again files for temporary injunction under Order XXXIX Rule 1(c), Code of Civil Procedure, citing new facts and changed circumstances.
A
The second application is barred by res judicata
B
Res judicata does not apply to interlocutory orders like temporary injunctions
C
The decision given by the court on the first application is binding throughout the pendency of the trial and can be altered only on appeal
D
The second application is barred by the principle of res sub judice
Which of the following combinations are correctly matched?
1. Judgement and decree ⇔ Section 34, Code of Civil Procedure
2. Costs ⇔ Section 35, Code of Civil Procedure
3. Institution of suits ⇔ Section 26, Code of Civil Procedure
4. Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:
A
2, 3 and 4
B
1, 2 and 3
C
1, 3 and 4
D
1, 2 and 4
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:
A
Only 1 is correct
B
Only 3 and 4 are correct
C
Only 4 is correct
D
2, 3 and 4 are correct
A continuous process is set up for treatment of wastewater. Each day, 103 kg cellulose and 105 kg bacteria enter in the feed stream, while 102 kg cellulose and 1.5 x 102 kg bacteria leave in the effluent. The rate of cellulose digestion by the bacteria is 8 x 102 kg d-1. The rate of bacterial growth is 4x 102 kg d-l; the rate of cell death by lysis is 6 x 102 kg d-1. Write balances for cellulose and bacteria in the system.
A
1× 103 kg, 9 × 103 kg
B
1× 102 kg, 9.965 × 104 kg
C
1× 103 kg, 9.964 × 104 kg
D
1× 102 kg, 9 × 103 kg
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
A
Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith
B
Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith
C
Liable to be excluded under section 14(3) of Limitation Act
D
To be excluded or not to be excluded is in the discretion of the court
Which of the following combinations are not correctly matched?
1. Execution of decree ? Sec. 77, Code of Civil Procedure
2. Letter of request ? Sec. 82, Code of Civil Procedure
3. Legal representative ? Sec. 50, Code of Civil Procedure
4. Institution of suit ? Sec. 28, Code of Civil Procedure
Select the correct answer:
A
1, 2 and 3
B
1, 2 and 4
C
1, 3 and 4
D
2, 3 and 4