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In a suit for partition of property and for separate possession of a share therein, the civil court having declared the rights of several parties interested in the property:<br>1. Which is assessed to payment of revenue to the Government, must make over the matter for such partition or separation to be made by the Collector.<br>2. Which is not so assessed to payment of revenue to the Government, must examine if the partition or separation can be conveniently made and for this, may issue a Commission to make the partition or separation.<br>3. If on examination of the report of the Commissioner, the Court finds that the property cannot be divided by metes and bounds, it may put it to sale and divide the proceeds thereof.<br>In the above:
A
1, 2 and 3 are correct
B
Only 1 and 2 are correct
C
Only 2 and 3 are correct
D
1 and 3 are correct and 2 is incorrect
Correct Answer:
1, 2 and 3 are correct
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
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court
A
1 and 2
B
2 and 3
C
2 and 4
D
3 and 4
E
None of these
A', on 9
th
January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9
th
July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31
st
January, 2016, on 1
st
February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17
th
February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:
A
With effect from 9<sup>th</sup> January, 2015
B
With effect from 9<sup>th</sup> July, 2015
C
With effect from 17<sup>th</sup> February, 2016
D
With effect from 1<sup>st</sup> February, 2016
Who among the following can be appointed as the authority to hear and decide any claims arising out of deductions form wages or delay in payment of wages under the Payment of Wages Act, 1936?
1. Any Commissioner for Employees Compensation Act
2. Any regional labour commissioner appointed by the Central Government
3. Any assistant labour commissioner appointed by the Central Government
4. Any assistant labour commissioner appointed by the State Government with atleast two years of experinece.
5. A Judge of a Civil Court.
A
2, 3, 4 and 5
B
1, 3, 4 and 5
C
1, 2, 4 and 5
D
1, 2, 3 and 4
Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.
A
(1), (3)
B
(1), (4)
C
(2), (3)
D
(2), (4)
Seven people A, B, C, D, E, F and G live on separate floors of a 7-floor building. Ground floor is numbered 1, first floor is numbered. 2 and so on until the topmost floor is numbered 7. Each one of these having a different cars-Cadillac, Ambassador, Fiat, Maruti, Mercedes, Bedford and Fargo but not necessarily in the same order. Only three people live above the floor on which A lives. Only one person lives between A and the one having a car Cadillac. F lives immediately below the one having a car Bedford. The one having a car Bedford lives on an even-numbered floor. Only three people live between the ones having a car Cadillac and Maruti. E lives immediately above C. E is not having a car Maruti. Only two people live between B and the one having a car Fargo. The one having a car Fargo lives below the floor on which B lives. The one having a car Fiat does not live immediately above D or immediately below B. D does not live immediately above or immediately below A. G does not have a car Ambassador. Question : How many people live between the floors on which D and the one having a car Bedford ?
A
One
B
Two
C
Three
D
Four
In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?
A
No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act
B
Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document
C
Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court
D
Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement
Reading the amended Section 89 of the Code of Civil Procedure and the insertions of O. 10, which of the following conditions should be satisfied before matter could be referred to an Alternate Dispute Redressal?
1. Existence of elements of settlement in the opinion of the Court
2. The parties must share the opinion of the court
3. Formulation of the terms of settlement by the court
4. The court should invite the observation of the parties on the terms of settlement
5. Observations of the parties must be received by the court
6. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un section 89 of the Code of Civil Procedure
A
2, 3
B
1, 4
C
1, 5, 6
D
All of these
In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?
A
Yes, the principle of res judicata will apply
B
No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'
C
No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai
D
No, because the plaintiff in the first suit is not the plaintiff in the second suit
Consider the following :
1. The perpetual struggle of Ins and Outs for political power turns the legislature into a battlefield and in this struggle the interests of the country are forgotten.
2. Parties encourage hollowness and insincerity. They divide not only the legislature but the nation into hostile camps. During national emergencies, parties can hardly transcend their petty differences and present a united front.
3. Parties often over-reach themselves and indulge in unwholesome and immoral activities live bribing the legislators
4. Parties tend to become antonomous and to regard organisations as important for their own sake. Principles are thus subordinated to success at polls and issues are not considered on merit.
Which of the above statements make a valid criticism of political parties?
Select the correct answer from the following:
A
1 and 2
B
1, 2 and 3
C
1, 2 and 4
D
1, 2, 3 and 4