LAW QUESTIONS

1. Catch up rule established by the Supreme Court of India relates to which of the following Article of the Constitution?

    Ans: Article 16 (4A)

2. The number of Articles and Schedules in original Indian Constitution

     Ans: 395 Articles and 8 schedules (Presently 395 Articles and 12 schedules)

3. "We must always remember that procedural law is not to be a tyrant but a servant, not an obstruction but an aid to justice. It has been wisely observed that procedural prescriptions are the handmaid and not the mistress, a lubricant, not a resistant in the administration of justice. Where the non-compliance, though procedural, will thwart fair hearing or prejudice doing can be corrected without injury to a just disposal of the case, we should not enthrone a regulatory requirement into a dominant desideratum. After all, courts are to do justice, not to wreck this end product on technicalities," observed in which case?

      Ans: State of Punjab v. Shamlal Murari, AIR 1976 SC 1177 Krishna Iyer J. 

4. Order means the formal expression of any decision of civil court which is not a decree. Which section of CPC 1908 provides this?

    Ans:Section 2(14)

5. "Since the passing of preliminary decree is only a stage prior to the passing of final decree, if an appeal against a preliminary decree succeeds, the final decree automatically falls to the ground for there is no preliminary decree thereafter in support of it,"observed in which case?

     Ans:  Sital Parshad v. Kishori Lal, AIR 1967 SC 1236 

6. Which section of the CPC 1908 defines "Decree"?

      Ans: Section 2(2)

7. "Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from dispating its correctness in any appeal which may be preferred from the final decree," provided in which section of CPC 1908?

      Ans: Section 97 – Appeal from final decree where no appeal from preliminary decree

8. "The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred," provided in which section of CPC 1908?

      Ans: Section 9 of Civil Procedure Code 

9."No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the central Government and having like jurisdiction, or before the Supreme Court," provided in which section of CPC 1908?

    Ans:Section 10 of Civil Procedure Code

10. Section 11 of Civil Procedure Code embodies the doctrine of 

    Ans: res judicata