MODEL NOTES FOR JUDICIAL EXAM - 40

1. The defence of statutory authority available in tort law is related to the case

     A. Rylands v. Fletcher

     B. Vaugham v. Taff Vale Rail Co.

2. Oral evidence under section 60 of Indian Evidence Act may be
     A. direct only
     B. hearsay 

3. In which case was it observed by the Supreme Court, "Public order has to be maintained in advance in order to ensure it and, therefore, it is competent to a legislature to pass a law permitting an appropriate authority to take anticipatory action or place anticipatory restrictions upon particular kinds of acts in an emergency for the purpose of maintaining public order"?
    Ans: Babulal Parate v. State of Maharashtra

4. Any unlawful assembly or any assembly of five or more persons likely to cause a breach of public peace may be dispersed by command of any Executive Magistrate or an officer incharge of a police station or a police officer, not below the rank of a sub-inspector, by use of civil force, provided under which section of CrPC?
     Ans: Section 129 of Cr.P.C 

5. Decree follows the judgement and must be drawn up separately. True/False
     Ans: True

6. A judge shall pronounce a judgment written, but not pronounced, by his predecessor.True/False
     Ans: True

7. Which Order and Rule of CPC, 1908 deals with "Decree in administration suit"?
    Ans: Order 20, Rule 13 CPC

8. Which Order and Rule of CPC, 1908 deals with "Decree in pre-emption suit"?
     Ans: Order 20, Rule 14 CPC

9. Which Order and Rule of CPC, 1908 deals with "Decree in suit for dissolution of partnership"?
      Ans: Order 20, Rule 15 CPC

10. Which Order and Rule of CPC, 1908 deals with "Decree in suit for partition of property or separate possession of a share therein"?
       Ans: Order 20, Rule 18 CPC

DIFFERENT TYPES OF DECREES
     The various types of decrees that can be passed under the Civil Procedure Code are as follows;
(i) Decree in original-Not falling under any specific class listed below
(ii) Preliminary Decree - When further proceedings have to be taken before the suit is disposed off. Preliminary decree are not executable. 
(iii) Final Decree - When adjudication completely disposes off the Suit 
(iv) Partly Preliminary and Partly final - A Decree for possession and mesne profits can be preliminary for mesne profits and final for possession.
(v) Order rejecting a plaint - It does not include order returning a plaint.
(vi) Order or adjudication determining question under sections 47 or 144 of CPC, 1908 - Section 47 deals with questions to be determined by court executing decree and Section 144 deals with application for restitution.
(vii) Consent Decree- A consent decree can never be a contract only though it requires free consent of both the parties. It is the result of adjudication and reason of such adjudication is consent of parties.
(viii) Exparte Decree- Decree passed in absence of a defendant.
(ix) Decree passed in appeal- It is an appellate decree although an appeal is continuation of litigation between the parties.
(x) Decree on compromise petition- It is passed in petition filed by both parties.
(xi) Conditional Decree- Decree with inbuilt conditions forming part of the decree.