Code of Civil Procedure, 1908 Model Test 6 (English)

CPC Model Test 6 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

The procedure for suits in CPC (English) is followed as far as it can be made applicable to all proceedings in any Court of:

A) Civil jurisdiction

B) Criminal jurisdiction

C) Revenue jurisdiction

D) Military jurisdiction

2 / 50

"Judgment-debtor" means any person against whom a decree has been passed or:

A) A fine has been levied

B) A suit has been instituted

C) A warrant has been issued

D) An order capable of execution has been made

3 / 50

Where an appeal is heard by a Bench of two Judges and there is no majority reversing the decree, the decree shall be:

A) Remanded

B) Confirmed

C) Reversed

D) Sent to the Supreme Court

4 / 50

Mediation under Section 89A means a process which is:

A) Rigid and binding

B) Public and adversarial

C) Strictly documented as evidence

D) Flexible, informal, non-binding, confidential, non-adversarial and consensual

5 / 50

Implements of husbandry and cattle necessary for an agriculturist to earn his livelihood are:

A) Exempt from attachment

B) N/A

C) Attachable

D) Cannot be determined

6 / 50

"Decree" shall be deemed to include the determination of any question within section:

A) 10

B) 144

C) 11

D) 151

7 / 50

The Supreme Court may make rules regulating the procedure of Civil Courts subject to its:

A) Location

B) Superintendence

C) Bench formation

D) Funding

8 / 50

Section 119 prevents unauthorized persons from addressing the High Court Division in the exercise of its:

A) Constitutional jurisdiction

B) Appellate jurisdiction

C) Original civil jurisdiction

D) Revisional jurisdiction

9 / 50

Is "growing crops" included in movable property?

A) No

B) Yes

C) N/A

D) Cannot be determined

10 / 50

Does the Rule Committee include a Judge of a Civil Court subordinate to the High Court Division?

A) Yes

B) Cannot be determined

C) No

D) N/A

11 / 50

For a suit under Section 17, the entire claim must be cognizable by the Court in respect of the:

A) Value of the subject-matter

B) Defendant's business

C) Location of the plaintiff

D) Type of property

12 / 50

Where an appeal from an order is allowed, it shall lie to the Court to which an appeal would lie from the:

A) Decree in the suit in which such order was made

B) District Judge only

C) Original plaint

D) High Court Division only

13 / 50

To ascertain the liability of a legal representative, the Court may compel him to:

A) Sell his personal assets

B) Take a polygraph

C) Surrender his passport

D) Produce such accounts as it thinks fit

14 / 50

A foreign judgment obtained by fraud is:

A) N/A

B) Cannot be determined

C) Not conclusive

D) Conclusive

15 / 50

Generally, no appeal lies from any order made by a Court in the exercise of its original or appellate jurisdiction, save as otherwise expressly provided.

A) True

B) N/A

C) Cannot be determined

D) False

16 / 50

Section 6 prevents a Court from exercising jurisdiction if the value of the subject-matter:

A) Exceeds its pecuniary limits

B) Is below its limits

C) Involves immovable property

D) Is exactly its limit

17 / 50

Can a Magistrate administer an oath to a deponent for an affidavit under the CPC (English)?

A) No

B) Cannot be determined

C) Yes

D) N/A

18 / 50

The Government may exempt certain persons from civil arrest if their arrest might be attended with:

A) Danger or inconvenience to the public

B) Financial ruin

C) Political instability

D) Media attention

19 / 50

Before rateably distributing assets among decree-holders, the Court must first deduct:

A) The judge's fee

B) 10% tax

C) Court fines

D) The costs of realization

20 / 50

Can a person apply for a review of a decree from which an appeal is allowed, but no appeal has been preferred?

A) Cannot be determined

B) Yes

C) N/A

D) No

21 / 50

An award of compensation under Section 95 is for the expense or injury caused to the:

A) Plaintiff

B) Defendant

C) State

D) Court

22 / 50

Every Court of Small Causes is subordinate to:

A) The High Court Division only

B) The Supreme Court only

C) Both the High Court Division and the District Court

D) The District Court only

23 / 50

Rules made and approved shall be published in the:

A) Supreme Court website

B) Local bulletins

C) National daily newspapers

D) Official Gazette

24 / 50

The Court may authorize the Collector to provide satisfaction of a decree by a temporary alienation of land instead of public sale, if the Collector represents that the public sale is:

A) Objectionable

B) Too expensive

C) Impossible

D) Too slow

25 / 50

The Court may enlarge any period fixed or granted by the Court for doing an act. This power is:

A) Only valid for 30 days

B) Statutory under Section 148

C) Unconstitutional

D) Inherent

26 / 50

Under Section 115(1), the High Court Division may revise an order passed by a Court of District Judge from which:

A) Cannot be determined

B) N/A

C) An appeal lies

D) No appeal lies

27 / 50

An appeal lies to the Appellate Division from any judgment, decree or final order passed by the High Court Division in the exercise of its:

A) Small causes jurisdiction

B) Revisional jurisdiction only

C) Original civil jurisdiction

D) Discretionary jurisdiction

28 / 50

An expectancy of succession by survivorship is:

A) N/A

B) Exempt from attachment

C) Cannot be determined

D) Attachable

29 / 50

A party, pleader, or witness acting in obedience to a summons is exempt from civil arrest while attending a tribunal. Does this apply if the arrest is for contempt of Court by that same tribunal?

A) No

B) Yes

C) Cannot be determined

D) N/A

30 / 50

If a person disobeys a temporary injunction, the Court may commit him to the civil prison and order that his property be:

A) Attached and sold

B) Destroyed

C) Confiscated by the State

D) Given to the plaintiff

31 / 50

A decree may be sent for execution to another Court if the decree directs the sale of immovable property situate:

A) Inside its own limits

B) Outside the local limits of the Court which passed it

C) Within the High Court's original jurisdiction

D) Only in a foreign country

32 / 50

Courts of Additional and Assistant Judges shall be deemed subordinate to the District Court for the purposes of which section?

A) Section 144

B) Section 11

C) Section 115

D) Section 24

33 / 50

A suit regarding a public trust under Section 92 is filed in the principal Civil Court of:

A) Revisional jurisdiction

B) Original jurisdiction

C) Review jurisdiction

D) Appellate jurisdiction

34 / 50

An objection as to the place of suing will not be allowed by an appellate court unless there has been a consequent:

A) Procedural error

B) Delay

C) Failure of justice

D) Monetary loss

35 / 50

An order for compensatory costs under Section 35A exempts the person from criminal liability for the false claim.

A) Cannot be determined

B) True

C) N/A

D) False

36 / 50

Interest adjudged on the principal sum for any period prior to the institution of the suit is determined by:

A) The Court clerk

B) The agreement between parties or substantive law

C) The Government

D) The CPC (English)

37 / 50

Which property is left out of account when calculating the means of a judgment-debtor to pay a money decree?

A) Inherited property

B) Property exempt from attachment in execution

C) Gold ornaments

D) Bank balances

38 / 50

To compel attendance of a witness, the Court may order him to furnish security for his appearance, and in default:

A) Confiscate his property

B) Commit him to the civil prison

C) Dismiss the suit

D) Fine him 5000 Taka

39 / 50

In a suit against the Government relating to the affairs of the Railway, notice must be delivered to:

A) The Secretary of Law

B) The Station Master

C) The Railway Minister

D) The General Manager of the Railway

40 / 50

Can a mediator under Section 89A dictate the terms of compromise?

A) N/A

B) No, the mediator only facilitates

C) Yes

D) Cannot be determined

41 / 50

An appeal lies from an order under Section 95 (compensatory costs for false grounds).

A) True

B) False

C) N/A

D) Cannot be determined

42 / 50

The purpose of restitution under Section 144 is to place the parties in the position which they would have occupied but for the:

A) Defendant's fraud

B) Delay

C) Court's mistake

D) Decree or part thereof as has been varied or reversed

43 / 50

A foreign judgment sustains a claim founded on a breach of any law in force in Bangladesh. Is it conclusive?

A) Yes

B) Cannot be determined

C) No

D) N/A

44 / 50

Can the High Court Division transfer a suit of its own motion without notice to the parties?

A) N/A

B) Cannot be determined

C) Yes

D) No

45 / 50

An appeal lies from an order imposing a fine or directing arrest, EXCEPT where the arrest is in execution of a decree.

A) Cannot be determined

B) True

C) N/A

D) False

46 / 50

If compensatory costs are awarded, are they taken into account in a subsequent suit for damages regarding the same claim?

A) Yes

B) Cannot be determined

C) No

D) N/A

47 / 50

Does the CPC (English) affect any right of appeal which had accrued to any party at its commencement (Section 154)?

A) N/A

B) Cannot be determined

C) Yes, it cancels them

D) No, it saves them

48 / 50

Does "Compromise" under Section 89A include compromise in part of the disputes?

A) No

B) Yes

C) N/A

D) Cannot be determined

49 / 50

Section 151 limits the inherent power of the Court.

A) True

B) N/A

C) Cannot be determined

D) False

50 / 50

The Rule Committee shall consist of two advocates practicing in the Supreme Court.

A) False

B) Cannot be determined

C) N/A

D) True

The average score is 0%

0%

Code of Civil Procedure, 1908

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