Introduction MCQ Quiz in मल्याळम - Objective Question with Answer for Introduction - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is option 1.Key Points

• Section 2 (12) of civil procedure Code 1908 provides the definition of “mesne profits”.
• The mesne property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits.
• But it shall not include profits due to improvements made by the person in wrongful possession.

Additional Information

• Rule 12 of O.20 provides decree for possession and mesne profits.
• Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree:
  • For the possession of the property, 
  • For the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent.
  • For the mesne profits or directing an inquiry as to such mesne profits.

The correct answer is option 2.Key Points

• Under section 2 (2) of C.P.C. 1908 "Decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
• Section 2 (2) read with the provisions contained in Order 20, Rule 18(2) as also Order 26, Rule 14 of the Code indicate that a preliminary decree has first to be passed in a partition suit and thereafter a final decree is passed for actual separation
• In Renu Devi v. Mahendra Singh Supreme Court made out the distinction between 'Preliminary' and 'Final' decree. 
• A preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings.
• Then, as a result of the further inquiries conducted pursuant to the preliminary decree, the rights of the parties are finally determined and a decree is passed in accordance with such determination, which is, the final decree.

Additional Information

• ​ A preliminary decree may be passed in following cases:
  • Suit for possession and mesne profits
  • Suit for Partition
  • Suits for pre-emption
  • Suit for dissolution of partnership between principal and agent
  • Suit for foreclosure of mortgage

The correct option is Wrongful possession of the property.

Key Points

• Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne profits”.
• The Delhi High Court in the case of Phiraya Lal Alias Piara Lal vs Jia Rani And Anr (1973) interpreted the meaning of the term “mesne profit” by observing that when a party claims damages to recover the loss resulting from wrongful occupation of immovable property by a trespasser that originally belonged to the party then such damages will be known as mesne profits.
• The definition provided by Section 2(12) includes the exception of mesne profits which is the profits obtained from the improvements made by the wrongful possessor in the property will not fall under the ambit of mesne profits.
• The three significant takeaways from Section 2(12) of the Code have been laid down hereunder:
  • It is to be noted that the definition has attached importance to due diligence for obtaining mesne profits.
  • Mesne profits can only be awarded if the property in concern was unlawfully occupied thereby depriving the original owner of his rights.
  • Interest is a fundamental part of mesne profits under Section 2(12).
• Order XX Rule 12 of the Code of Civil Procedure, 1908 lays down the provision for the passing of the decree by a competent civil court where there exists a suit for recovery of immovable property possession, rent, or mesne profits.
• Put simply, a civil court while presenting the rights of the parties involved in a suit concerning mesne profits, will rely on Rule 12 of Order XX.

The correct answer is Option 4.

Key PointsSection 2(2) of the Code Of Civil Procedure,1908 states that the formal expression the court makes about disputes to the parties may either be final or preliminary.

• Similarly, a preliminary decree refers to a decision the court makes before the parties’ conclusive rights have been established when it is unable to grant them the final decree. The court can pass a preliminary decree when the case is not entirely resolved and the remaining proceedings are still pending.

Example of a preliminary decree

• If a wife requests support, the court should consider it during the trial process; if not, the court may issue a preliminary judgement for maintenance during the trial process; eventually, the judge may declare the final decision after consulting both the parties. 

• Selvamani v. Chellamal (2015)

  • In this case, the court made a preliminary decision regarding the parties’ respective shares. Later, the final decree was made, and one party appealed it, arguing that the preliminary decree had not given him any shares. However, the court dismissed the appeal because it was not possible to appeal the preliminary decree since the final decree had already been made.

When can a preliminary decree be passed

The following circumstances are ensured by the Civil Procedure Code so that the preliminary decree may be issued:

• Order 20, Rule 12 – Suits for possession and mesne profit
• Order 20, Rule 13 – Administration suit.
• Order 20, Rule 14 – Suits of pre-emption
• Order 20, Rule 15 – Suits for dissolution of a partnership
• Order 20, Rule 16 – Suits related to accounts between the principal and agent
• Order 20, Rule 18 – Suit for partition and separate possession

The correct answer is option 3.Key Points

• Section 6 under C.P.C. 1908 deals with the pecuniary jurisdiction.
• Section 6 states save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

the correct answer is Code of Civil Procedure ,1908

Section 7 Recovery of specific movable property
A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
Explanation 1.--A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.
Explanation 2.--A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.

 

See Sections 2(g) and 2(h) of Cr.P.C.

(g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

According to Section 2(11) of the Civil Procedure Code of 1908, a legal representative is a person who has the authority to act in charge of the estate of a deceased person.

In Manohar lal 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”?

Explanation - “Judgment” means the statement given by a judge of the grounds of a decree or order. The essential element of a judgment is that there should be a statement for the grounds of decision. As the Supreme Court in Balraj Taneja V. Sunil Madan, AIR 1999 SC 3381 held, a Judge cannot merely say “Suit Dismissed” or “Suit Decreed”. The whole process of reasoning has to be set out for deciding the case one way or the other.