May 2024 Edition
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May 2024 Current Affairs MCQs & Solutions
Top national & international current affairs questions for CSS, PMS, FPSC, PPSC, and NTS screening tests.
#2001
If a witness intentionally avoids receiving a summons, what order may the Court issue?
(a) Both (a) and (b)
(b) None of the these
(c) Proclamation
(d) Attachment of that witness property
Explanation: When a witness intentionally avoids service of summons, the court has the authority to issue a proclamation requiring their attendance. This is a procedural step to compel the witness to appear in court. While attachment of property is a subsequent step for continued non-appearance, the initial step for avoidance is often the issuance of a proclamation.
#2002
Under which provision of the Code of Civil Procedure (CPC) may a court attach and sell an entire estate or tenure if it is situated within the jurisdiction of two or more courts?
(a) O. XXI, Rule 9, of C.P.C.
(b) None of these
(c) O. XXI, Rule 6, of C.P.C.
(d) O. XXI, Rule 3, of C.P.C.
Explanation: Order XXI, Rule 3 of the Code of Civil Procedure, 1908, specifically addresses situations where immovable property is situated within the local limits of the jurisdiction of two or more courts. In such cases, any one of those courts may proceed to attach and sell the entire estate or tenure, provided the conditions specified in the rule are met, ensuring procedural efficiency in execution proceedings.
#2003
Upon what basis may a court that passed a decree transfer it to another court for execution?
(a) Application of decree debtor
(b) None of the these
(c) Its discretional power
(d) Application of decree holder
Explanation: A court can send a decree for execution to another court upon the application of the decree holder, which is the party who obtained the decree. This allows the holder to pursue enforcement of the decree through the court system in a jurisdiction where the judgment debtor resides or holds assets, ensuring the decree is effectively satisfied.
#2004
If a witness whose testimony is required resides outside of Pakistan, what procedural steps may the Court take?
(a) Both A and B
(b) Issue commission
(c) None of these
(d) Issue a letter of request
Explanation: Under the Code of Civil Procedure and related evidentiary rules, when a witness is abroad, the court has the discretion to issue a commission for examination or send a letter of request to the relevant foreign authority to facilitate the recording of evidence.
#2005
If a defendant resides in Karachi and commits a tort against the plaintiff in Dacca, where may the plaintiff initiate legal proceedings?
(a) Both at Karachi and Dacca
(b) None of the these
(c) Karachi
(d) Dacca
Explanation: According to the principles of territorial jurisdiction in civil law, a suit for compensation for a wrong done to a person or movable property may be instituted either where the defendant resides or carries on business, or where the wrong was committed. Therefore, the plaintiff has the option to file the suit in either jurisdiction, making both locations legally permissible venues for the litigation.
#2006
If person A resides in Karachi and commits battery against person B in Dacca, where may the legal suit be instituted?
(a) Dacca
(b) Both at Karachi and Dacca
(c) None of these
(d) Karachi
Explanation: Under the Code of Civil Procedure, a suit for compensation for a wrong done to a person or movable property may be instituted either at the place where the wrong was committed or at the place where the defendant resides or carries on business.
#2007
Under what circumstances may a court require a plaintiff to provide security for costs?
(a) When plaintiff failed to produce evidence regarding his suit
(b) When plaintiff is out of the country and does not possess any immoveable property in the country
(c) When plaintiff is died
(d) None of these
Explanation: The Code of Civil Procedure allows the court to order a plaintiff to provide security for costs if the plaintiff resides outside the jurisdiction and does not own sufficient immovable property within the country. This measure protects the defendant from the risk of being unable to recover legal costs if the suit is dismissed.
#2008
If a defendant intends to abscond or depart from the court's local jurisdiction, what order may the court issue to ensure the defendant's presence?
(a) To surrender for his arrest
(b) None of these
(c) To furnish security
(d) To make compromise with plaintiff
Explanation: Under the Civil Procedure Code (CPC), specifically regarding security for appearance, if the court is satisfied that a defendant is about to leave the jurisdiction to avoid legal proceedings, it may order the defendant to furnish security for their appearance to ensure they remain available for the court's judgment.
#2009
In a legal proceeding, what action may a court take to ensure the presence of a defendant who appears likely to evade the court's jurisdiction?
(a) To make compromise with the plaintiff
(b) To surrender for his arrest
(c) None of these
(d) To furnish security
Explanation: To prevent a defendant from absconding or leaving the jurisdiction to avoid legal consequences, the court is empowered to order the defendant to furnish security. This financial or personal guarantee ensures that the defendant remains available to answer the court's summons and comply with any eventual decree, thereby maintaining the integrity of the judicial process.
#2010
What action may a court take if, at the first hearing, it finds that parties are not in dispute regarding any question of law or fact?
(a) At once pronounce judgment
(b) Both of above
(c) At once order for amendment of suit
(d) None of these
Explanation: Under the Code of Civil Procedure, if the court determines that there is no triable issue of law or fact between the parties at the first hearing, it is empowered to pronounce judgment immediately. This procedural mechanism is designed to save judicial time and resources by avoiding unnecessary trials when the facts or legal positions are clearly admitted or undisputed by the parties involved.
#2011
What action may the Court take at the first hearing of a suit if it appears that the parties are not at issue on any question of law or fact?
(a) None of above
(b) At once order for amendment of suit
(c) At once pronounce judgment
(d) None of the these
Explanation: Under Order XV, Rule 1 of the Code of Civil Procedure, if the court finds at the first hearing that the parties are not in dispute regarding any material question of law or fact, it is empowered to pronounce judgment immediately. This provision is designed to expedite the resolution of cases where no trial is necessary due to the absence of conflicting claims.
#2012
Under what condition may a party produce documentary evidence at a subsequent stage if they failed to produce it earlier?
(a) Is effective,
(b) Make application with affidavit
(c) None of the these
(d) Shows good cause for non production of evidence
Explanation: The Code of Civil Procedure generally requires parties to produce all documentary evidence at the initial stages of the suit. However, if a party fails to do so, the court may allow the production of such evidence at a later stage, provided the party demonstrates 'good cause' for the initial non-production. This discretionary power allows the court to ensure that justice is served by considering relevant evidence.
#2013
Which section of the Specific Relief Act specifies the persons against whom a contract may be specifically enforced?
(a) Section 27
(b) Section 34
(c) Section 31
(d) None of These
Explanation: Section 27 of the Specific Relief Act, 1877, explicitly lists the categories of persons against whom the specific performance of a contract may be obtained, including parties to the contract and those claiming under them by title arising subsequently to the contract.
#2014
Which section of the Specific Relief Act, 1877, outlines the methods by which relief may be granted?
(a) Non of These
(b) 7
(c) 6
(d) 5
Explanation: Section 5 of the Specific Relief Act, 1877, specifies the various modes in which specific relief is granted, including taking possession of property, ordering specific performance, or granting injunctions. This section serves as the foundational provision for the types of remedies available under the Act.
#2015
Under which section of the Specific Relief Act may a person file a suit if they have been dispossessed of immovable property without their consent?
(a) 8
(b) 10
(c) 9
(d) None of These
Explanation: Section 9 of the Specific Relief Act provides a summary remedy for a person who has been dispossessed of immovable property otherwise than in due course of law. This section allows the dispossessed person to file a suit for recovery of possession, regardless of any other title they may set up, provided the suit is filed within six months of the dispossession.
#2016
According to Section 40 of the Specific Relief Act, how may a court handle an instrument that serves as evidence for multiple rights or obligations?
(a) Can not cancel its any part
(b) Non of These
(c) Cancel it in part and allow it to stand for the residue
(d) Cancel it in whole
Explanation: Section 40 of the Specific Relief Act allows for the partial cancellation of an instrument. If an instrument is evidence of different rights or obligations, the court may, in a proper case, cancel the instrument only in relation to the specific parts that are invalid or voidable, while allowing the remainder of the instrument to remain legally effective.
#2017
Which section of the Specific Relief Act identifies the persons against whom a contract may be specifically enforced?
(a) Non of These
(b) Section 34
(c) Section 31
(d) Section 27
Explanation: Section 27 of the Specific Relief Act, 1877, explicitly lists the categories of persons against whom the specific performance of a contract may be enforced. This includes the original party to the contract, any person claiming under them by a title arising subsequently to the contract, and certain other parties such as those claiming under a settlement or trust.
#2018
Which sections of the Specific Relief Act, 1877, govern the types of contracts that may be specifically enforced?
(a) Section 12 to 30
(b) Section 12 to 20
(c) None of These
(d) Section 12 to 25
Explanation: Sections 12 through 25 of the Specific Relief Act, 1877, outline the legal framework regarding the specific performance of contracts. These provisions detail which contracts can be enforced by the court, the circumstances under which such relief is granted, and the limitations placed upon the parties seeking this equitable remedy in civil litigation.
#2019
Which sections of the Specific Relief Act cover the contracts that may be specifically enforced?
(a) Section 12 to 25
(b) Section 12 to 20
(c) Non of These
(d) Section 12 to 30
Explanation: Sections 12 through 25 of the Specific Relief Act delineate the scope and conditions under which specific performance of a contract may be granted by the court. These provisions establish the criteria for when this equitable remedy is appropriate, distinguishing it from cases where monetary damages would be a sufficient remedy.
#2020
Under Order XXXIX, Rule 7 of the Code of Civil Procedure, upon what basis may the court issue an interlocutory order?
(a) None of these
(b) On application of any party
(c) On its own discretion
(d) On instruction of Court officer
Explanation: Order XXXIX, Rule 7 of the CPC empowers the court to make orders for the detention, preservation, or inspection of any property which is the subject matter of the suit. This power is exercised upon the application of any party to the suit, ensuring that the property remains protected during the pendency of the litigation.