Miscellaneous MCQ Quiz in తెలుగు - Objective Question with Answer for Miscellaneous - ముఫ్త్ [PDF] డౌన్‌లోడ్ కరెన్

Explanation: The plaintiff is responsible for the expenses of serving a summons. The party requesting the process is also responsible for the postage and other expenses. These expenses can be paid in court fee stamps.

Explanation: According to sec 154 of CPC, every information relating to commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as foresaid. Hence, B. 

Sec 148 CPC- Enlargement of time- Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period 1[not exceeding thirty days in total, even though the period originally fixed or granted may have expired. Sec 151 CPC deals with Inherent powers of a court. 

Explanation- As per section 139 of the civil procedure code affidavits filed in the court can be authenticated by the judge, magistrate or a notary. 

Explanation- Under section 148A of the civil procedure code right to lodge a caveat has been provided which was inserted through the amendment act 104 of 1976.

The correct answer is option 4

In Manoharlal v. Seth Hiralal case it was held that "inherent power has not been conferred on a court, it is a power inherent in the court” 

The correct answer is Option 4.

Key Points Section 145 of the code of civil Procedure: 

Enforcement of liability of surety: 
Where any person [has furnished security or given a guarantee]--

    (a) for the performance of any decree or any part thereof, or

    (b) for the restitution of any property taken in execution of a decree, or

    (c) for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon,

the decree or order may be executed in the manner therein provided for the execution of decrees, namely:--

      (i) if he has rendered himself personally liable, against him to that extent;

     (ii) if he has furnished any property as security, by sale of such property to the extent of the security.

    (iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses, and such person shall, be deemed to be a party within the meaning of section 47.

Provided that such notice as the Court in each case thinks sufficient has been given to the surety.

Additional Information

•   A surety is a person who accepts legal responsibility for another person's debt or behavior.
• They can also be money given as a promise that someone will do something, such as pay a debt or appear in court.  

The correct answer is option 1: "90 days."

Key Points

• Section 148A of the CPC (Code of Civil Procedure, 1908) deals with the lodging of a caveat. A caveat is a notice given by someone to the court that they may have a right or interest in a matter that is, or could be, the subject of legal proceedings.
• As per Section 148A(2), a caveat shall remain in force for a period of ninety days from the date on which it is lodged. After this period, it ceases to have effect.
• The purpose of this provision is to ensure that the court is aware of the caveator's interest in a matter, so that no orders adverse to their interest are passed without an opportunity of being heard being given to them.
• The 90-day period is a balance between providing sufficient time for the caveator to be notified about any proceedings and not unduly delaying legal processes.

Additional Information

• Legal Implications of a Caveat: The filing of a caveat serves as a warning to the court and the parties in a suit that the caveator has an interest in the matter. It's a procedural tool to safeguard the right to a fair hearing.
• Section 148A(4) further clarifies that the caveator must be served with notice of any application made in a suit or proceeding where a caveat has been lodged.

Important Points Understanding the duration for which a caveat remains in force is crucial, as it impacts the rights and interests of the caveator in relation to judicial proceedings.

In conclusion, under Section 148A of the CPC, a caveat remains in force for a period of 90 days from the date it is lodged. This duration is specifically defined to balance the interest of the caveator with the need for efficient judicial proceedings.

The correct answer is option 4: "As may be appropriate in the facts and circumstances of the suit."

Key Points

• Section 148 of the CPC (Code of Civil Procedure, 1908) provides the court with the discretion to grant an extension of time to parties for doing any act prescribed or allowed by the CPC. This section does not specify a fixed maximum limit on the duration of the extension.
• The essence of Section 148 is to afford flexibility to the court in granting time extensions, based on the facts and circumstances of each case. The court weighs various factors, including the nature of the act to be done, reasons for the delay, and the potential impact on the parties involved.
• The objective behind this provision is to ensure justice is done, which sometimes requires granting additional time for certain procedural acts, especially when non-compliance could be due to factors beyond a party's control.
• One notable case where the Supreme Court of India extended the limitation period for various judicial procedures due to the COVID-19 pandemic is "In Re: Cognizance For Extension of Limitation". This case is significant as it demonstrates the application of Section 148 of the CPC in extraordinary circumstances.
  • Key Aspects of the Case:
    • Case Reference: In Re: Cognizance For Extension of Limitation [Suo Motu Writ Petition (Civil) No.3/2020].
    • Decision Date: The Supreme Court initially passed the order on March 23, 2020, and subsequently, there were several extensions and modifications based on the evolving situation of the pandemic.
    • Ruling: The Supreme Court extended the limitation period for filing petitions/applications/suits/appeals and all other judicial proceedings in all courts and tribunals across the country. This was done considering the difficulties faced by litigants in filing their legal proceedings within the prescribed timelines due to the pandemic.
    • Reasoning: The court recognized that the pandemic posed significant challenges and restrictions, including lockdowns and other public health measures, which made it difficult for parties to adhere to standard legal time limits. This situation was considered a valid ground for extending time limits under Section 148 of the CPC and other relevant legal provisions.

Additional Information

• Judicial Discretion in Time Extensions: The courts use their discretion under Section 148 to balance the need for timely justice with the realities and complexities of litigation. This discretionary power is exercised judiciously, keeping in mind the principles of fairness and equity.
• Purpose of Section 148: The provision is designed to address situations where strict adherence to prescribed time limits may result in undue hardship or injustice, thereby enabling courts to adapt procedural timelines to the specifics of each case.

Important Points It is important to note that while the court has the power to enlarge time, this power is to be exercised judiciously and not arbitrarily. The decision to extend time is guided by the need to facilitate justice while ensuring that the legal process is not unduly delayed.

In summary, under Section 148 of the CPC, the court has the power to enlarge the time as may be appropriate in the facts and circumstances of the suit. This section provides the necessary flexibility to the court to ensure fairness and justice in the procedural aspects of legal proceedings.

correct answer is Trial court of first instance that had passed the decree has the power of restitution.

Key PointsAccording to section 144 of Code of Civil Procedure where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation, reversal, setting aside or modification of the decree or order.