Part 2 MCQ Quiz in मराठी - Objective Question with Answer for Part 2 - मोफत PDF डाउनलोड करा

The correct answer is Option 4.

Key PointsSection 38. Court by which decree may be executed—
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution. 

The correct answer is neither modify nor vary the terms of the decree

Key Points

• As per Section 47 of CPC,  any matter related to the execution, discharge, or satisfaction of a decree between two or more parties or their representatives in their absence must be determined in the same execution proceedings.
• No other or separate suit must be filed for the same. This indicates that the Section has a much wider scope than it looks. The executing court has been conferred exclusive jurisdiction on all matters related to execution, discharge, or satisfaction of a decree.

Additional Information

• Incorrect Options:
  • Option 1 (Modify terms of the decree): An executing court cannot modify the terms of the decree. Modifying the decree would essentially mean changing the judgment, which is beyond the scope of an executing court's powers.
  • Option 2 (Vary the terms of the decree): Similarly, varying the terms implies altering the decree's conditions, which an executing court is not authorized to do.
  • Option 3 (Modify and vary the terms of the decree): Combining the powers to modify and vary the terms is incorrect for the same reasons as above. The executing court's role is strictly to enforce the decree as it stands.
• Legal Precedents:
  • Various legal precedents and judicial pronouncements have consistently upheld that an executing court must execute the decree as it is and cannot go beyond its terms.
  • This principle ensures consistency and respect for the judicial process, preventing lower courts from altering higher court decisions.

The correct answer is 'One-third'

Key Points

• Execution of a decree for maintenance:
  • In legal terms, maintenance refers to the financial support that one party is ordered to provide to another, typically in cases of divorce or separation.
  • When a court issues a decree for maintenance, it can enforce this order by affecting the salary of the person who is obligated to pay.
  • The extent to which the salary can be affected is crucial to ensure that the maintenance order is fulfilled while also allowing the person to retain sufficient income for their own needs.

Additional Information

• Incorrect Options:
  • One-fourth:
    • This option is incorrect as the law specifies that the maximum portion of salary that can be affected is more than one-fourth.
  • Two-thirds:
    • This option is incorrect because it allows for a much larger portion of salary to be affected than what is legally permissible.
  • One-half:
    • This option is incorrect as it also exceeds the legally allowed portion that can be affected for maintenance purposes.

The correct answer is 'X and Y both as legal representatives'

Key Points

• Legal Representation in a Suit:
  • When a person dies, any legal proceedings that were initiated by them can be continued by their legal representatives.
  • In the context of the given scenario, the legal representatives of A would be his immediate heirs, i.e., his son X and daughter Y.
  • Both X and Y have equal rights to represent their deceased father in any ongoing legal suit.
  • This ensures that the interests of all heirs are protected and represented in the legal proceedings.

Additional Information

• Other Options Analysis:
  • Y alone as legal representative: This is incorrect because the son X also has the right to represent his deceased father in the legal proceedings along with Y.
  • X, Y, and the husband of Y as legal representatives: This is incorrect because the husband of Y is not a direct heir of A and does not have the right to be a legal representative in this context.
  • X alone as legal representative: This is incorrect because the daughter Y also has the right to represent her deceased father along with X.

The correct answer is 'OPTION 4'

Key Points

• Section 75 of the Code of Civil Procedure:
  • Section 75 of the Code of Civil Procedure (CPC) outlines the conditions under which a court may issue a commission.
  • This provision is designed to aid the court in gathering information and performing functions that require specialized knowledge or local insight.
  • Issuing a commission helps in situations where direct court intervention is impractical or impossible.
• Local Investigation:
  • A court may issue a commission to make a local investigation to gather facts and evidence on the ground.
  • This is often done in property disputes or cases where the physical condition or location needs to be examined.
• Scientific, Technical, or Expert Investigation:
  • The court may also issue a commission to hold a scientific, technical, or expert investigation.
  • This is crucial in cases requiring specialized knowledge, such as medical malpractice, engineering defects, or financial audits.
• Ministerial Act:
  • A commission may be issued to perform any ministerial act, which involves the execution of tasks that do not require judicial discretion.
  • Examples include recording evidence, executing documents, or performing administrative duties.

Additional Information

• Importance of Commissions in Judicial Proceedings:
  • Commissions are essential for collecting evidence that might be otherwise inaccessible to the court.
  • They ensure that the court's decisions are based on comprehensive and accurate information.
  • Commissions also help in expediting the judicial process by delegating specific tasks to qualified individuals.
• Limitations and Safeguards:
  • The use of commissions is subject to judicial oversight to prevent misuse.Commissions must operate within the scope defined by the court's order.
  • Reports and findings of the commissions are subject to scrutiny and objections by the parties involved.

The correct answer is Central Inland Water Transport Corp. Ltd. v. Brojo Nath

Key Points

• Facts: The service agreement allowed permanent employees to be terminated by giving 3 months' notice, without assigning any reason.
• Supreme Court’s Observation: Such a clause was arbitrary, unreasonable, and opposed to public policy under Section 23 of the Indian Contract Act, 1872.
• Doctrine of Unequal Bargaining Power: Employees had no real choice to negotiate terms; this made the clause unconscionable.
• Public Policy Concern: A permanent employee cannot be treated like a temporary one.
• Job security is essential in permanent employment.
• Outcome: The Supreme Court struck down the termination clause.

 Additional Information

• Hakam Singh v. Gammon India Ltd. (1971): Related to exclusive jurisdiction clauses in contracts — parties can choose which court will have jurisdiction.
• S.G. Nayak v. National Insurance Co. (1997): Related to insurance claim disputes — not about service agreements or employment contracts.
• State of Karnataka v. Shree Rameshwara Rice Mills (1987): Concerned with government contracts and breach of contract — not employment law.

The correct answer is Money payable under policy of insurance

Key Points

• Section 60 of CPC, 1908:
  • Section 60 of the Code of Civil Procedure lists properties liable and exempt from attachment in execution of a decree.
• Why insurance money is exempt:
  • Money payable under a life insurance policy is exempt from attachment before it becomes payable (i.e., before maturity or claim arises).
  • Even after it becomes payable, certain protections under insurance law and personal exemption rules may still apply.
• Objective:
  • The exemption is aimed to protect the financial security of individuals and their families in times of distress like death or disability.

Additional Information

• Land and Building: Incorrect – Immovable property like land and buildings is liable to attachment and sale.
• Money and Cheques: Incorrect – These are movable assets and can be attached and sold under a decree.
• Shares: Incorrect – Shares held by a judgment debtor are also liable to attachment and sale.

The correct answer is A woman cannot be arrested for the execution of a money decree.

Key Points 

• Section 56, Code of Civil Procedure (CPC), 1908:
  • This section expressly prohibits the arrest or detention of women in the execution of a money decree.
• Legal Protection to Women:
  • The law provides special protection to women against coercive recovery for civil debts, ensuring they are not detained in civil prison for monetary liabilities. 
• Scope of Protection:
  • The bar applies only to money decrees, not to other decrees like those for restitution of conjugal rights, injunctions, etc.
• Rationale:
  • It aligns with the principle of protecting women from undue hardship, particularly in cases of civil debt enforcement.

Additional Information

• Option 1. A woman can be arrested for execution of money decree: Incorrect – Explicitly barred by Section 56 CPC.
• Option 2. A woman can be arrested and released on bail in execution of money decree: Incorrect – No provision for arrest exists at all for women in such cases, hence bail is irrelevant.
• Option 4. Money decree cannot be executed against woman: Incorrect – The decree can be executed against a woman by attachment/sale of property, just not by arrest.

The correct answer is Shares in a corporation

Key Points

• Section 60 of the Civil Procedure Code outlines the 'Property liable to attachment and sale in execution of decree'.
• The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
  immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the  name of the judgment debtor or by another person in trust for him or on his behalf.

The correct answer is Void.

Key Points

• Section 64 of the Code of Civil Procedure, 1908 deals with the private alienation of property after attachment. According to this provision, if any property is attached in execution of a decree, then any private alienation (such as a sale, mortgage, or transfer) of that property made after the attachment is considered void.
• When the property is attached for the satisfaction of a decree, it becomes the subject of execution, and any act of alienation after the attachment is invalid in the eyes of the law. 
• The purpose of this provision is to prevent a judgment debtor from disposing of or transferring property to evade the execution of the decree.
• The rule ensures that the attached property remains within the jurisdiction of the court and is available to satisfy the decree.