Execution General MCQ Quiz - Objective Question with Answer for Execution General - Download Free PDF

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 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 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 option 4.Key Points

• Section 56 of Civil Procedure Code 1908 deals with Prohibition of arrest or detention of women in execution of decree for money.
• It says notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
• The section ensure following key points:
  • Protection of Women: This provision ensures that women cannot be imprisoned for failing to pay a debt or comply with a monetary decree.
  • Enforcement Mechanisms: While other enforcement mechanisms like attachment and sale of property may still be used, arrest and detention in civil prison are explicitly prohibited for women under this section.
  • Humanitarian Considerations: The section reflects a humanitarian approach, recognizing the need to protect women from the harsh consequences of debt imprisonment.

The correct answer is option 4.Key Points

• Section 56 of Civil Procedure Code 1908 deals with Prohibition of arrest or detention of women in execution of decree for money.
• It says notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
• The section ensure following key points:
  • Protection of Women: This provision ensures that women cannot be imprisoned for failing to pay a debt or comply with a monetary decree.
  • Enforcement Mechanisms: While other enforcement mechanisms like attachment and sale of property may still be used, arrest and detention in civil prison are explicitly prohibited for women under this section.
  • Humanitarian Considerations: The section reflects a humanitarian approach, recognizing the need to protect women from the harsh consequences of debt imprisonment.

The correct answer is Option 3. 

Key Points Section 58 of the Civil Procedure Code, 1908: Detention and release.
(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and,
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed [two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct answer is option 1.

Key Points

• Under the Code of Civil Procedure (CPC), a court has the discretion to frame preliminary issues when it appears that a decision on such issues may dispose of the entire suit or a significant part of it. If 'T' is contending that the suit is barred under Section 50 of the Delhi Rent Control Act, 1956, the court may consider this issue as a preliminary one and decide on its maintainability.
• In summary, the court may frame a preliminary issue about maintainability.

The correct  answer is option 2

Key Points

• The transfer of decree in the Code of Civil Procedure is dealt with under Section 39.
• Section 39(4) expressly says Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.
• Section 39:
  • This section empowers a civil court that passed a decree to send it for execution to another court in certain circumstances.
  • The court may send the decree for execution to another court within the local limits of its jurisdiction to the court which passed the decree or to any other court outside such limits.
• Reasons for Transfer:
  • The court that issued a decree can send it to another court for enforcement.
  • This can happen if the person against whom the decree is made lives or does business in the area where the other court has authority.
  • It can also occur if the person doesn't have enough property in the area of the issuing court to satisfy the decree but has property in the jurisdiction of the other court.
  • If the decree involves selling or delivering property located outside the issuing court's jurisdiction.
  • The issuing court can also transfer the case for any other valid reason, which must be written down.
• Initiating Transfer:
  • The court that issued the decree can decide on its own to move the case to another court.
• Determining Competence:
  • A court is considered competent if, at the time the transfer request is made, it has the authority to hear the original case in which the decree was given.
• Limitations:
  • The court that issued the decree cannot execute it against a person or property outside its jurisdiction.

The correct answer is option 3.Key Points

• Section 58 of Civil Procedure Code 1908 deals with detention and release.
• It says every person detained in the civil prison in execution of a decree shall be so detained,—
  • Where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months, and,
  • Where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
• Under sub section (1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed two thousand rupees.
• Under sub section(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct option is Section 39.

Key Points

• The transfer of decree in the Code of Civil Procedure is dealt with under Section 39.
• Section 39:
  • ​This section empowers a civil court that passed a decree to send it for execution to another court in certain circumstances.
  • The court may send the decree for execution to another court within the local limits of its jurisdiction to the court which passed the decree or to any other court outside such limits.
• Reasons for Transfer:
  • The court that issued a decree can send it to another court for enforcement.
  • This can happen if the person against whom the decree is made lives or does business in the area where the other court has authority.
  • It can also occur if the person doesn't have enough property in the area of the issuing court to satisfy the decree but has property in the jurisdiction of the other court.
  • If the decree involves selling or delivering property located outside the issuing court's jurisdiction.
  • The issuing court can also transfer the case for any other valid reason, which must be written down.
• Initiating Transfer:
  • The court that issued the decree can decide on its own to move the case to another court.
• Determining Competence:
  • A court is considered competent if, at the time the transfer request is made, it has the authority to hear the original case in which the decree was given.
• Limitations:
  • The court that issued the decree cannot execute it against a person or property outside its jurisdiction.

The correct answer is Section 433

Key Points

• Section 433 of the Code of Criminal Procedure, 1973:
  • Empowers the Appropriate Government to commute sentences without the consent of the accused.
  • This power is executive in nature, not judicial.
• What the Government May Do Under Section 433:
  • Commute:
    • A death sentence to life imprisonment.
    • Life imprisonment to imprisonment not exceeding 14 years or to a fine.
    • Rigorous imprisonment to simple imprisonment.
    • Any imprisonment to a fine.
  • Consent of the Accused:
    • Unlike compounding of offences under Section 320, no consent of the convict is required for commutation under Section 433.

Additional Information

• Section 432: Deals with suspension or remission of sentences, not specifically commutation without consent.
• Section 320: Pertains to compounding of offences, which requires the consent of the parties involved.
• Section 321: Deals with the withdrawal from prosecution by the Public Prosecutor with court's consent, not commutation.

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 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.