Part 11 MCQ Quiz in मराठी - Objective Question with Answer for Part 11 - मोफत PDF डाउनलोड करा

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. 

Explanation- According to Section 148A, when people apprehend that some case against them is filed or is about to be filed in any court of law in any manner, they have a right to lodge a caveat. The Caveat may be lodged in the form of a petition under the following circumstances: During an ongoing suit or litigation and in that the application is already been made or is expected to be made; The suit is about to be instituted and in that suit, an application is expected to be made. Thus, firstly it is always about an application in a suit of the proceeding and secondly that suit or proceeding can be in the present which is already instituted or it can be in the future where a suit is not instituted yet but the same is expected. In all such situations the right to lodge a caveat arises. Provision of Caveat is also given in Supreme Court Rules.

The correct answer is option 3.

Key Points Section 135 A of CPC says  Exemption of members of legislative bodies from arrest and detention under civil process-- 2[(1) No person shall be liable to arrest or detention in prison under civil process--
(a) if he is a member of--
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of--
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of--
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).

Explanation- Section 144 does not confer any new substantive right to the party, but merely regulates the power of the court in that behalf. It provides that, where 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. If any party who is entitled to any benefit by way of restitution, apply for restitution, the court which passed the decree shall order for such restitution, by way of any order, including order for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are property consequential on such variation, reversal, setting aside or modification of the decree or order.

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.