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.
#1961
Under Order XXVI, Rule 19 of the Code of Civil Procedure, to whom may a High Court issue a commission?
(a) None of the above
(b) Any person which it deems fit
(c) None of these
(d) Any Court within the local limits of whose Jurisdiction the witness resides
Explanation: Order XXVI, Rule 19 of the Code of Civil Procedure empowers the High Court to issue a commission to another court within whose jurisdiction a witness resides. This procedural mechanism facilitates the examination of witnesses who cannot attend the court in person, ensuring that their testimony is recorded and admissible. This rule is vital for the efficient administration of justice, especially when witnesses are located in different geographical areas.
#1962
Under which provision of the CPC may a court require the personal appearance of a corporation's secretary, director, or principal officer at any stage of a suit?
(a) O. XXIX, Rule 3
(b) None of these
(c) O. XXX, Rule 3
(d) O. XXIX, Rule 1
Explanation: Order XXIX, Rule 3 of the Code of Civil Procedure, 1908, empowers the court to require the personal attendance of any director, secretary, or other principal officer of a corporation who may be able to answer material questions relating to the suit. This ensures that the court can obtain necessary information directly from those responsible for the corporation's affairs.
#1963
Under Order XXXVII, Rule 3, sub-rule (2) of the Civil Procedure Code, what type of relief may the trial court grant to a defendant?
(a) Both A and B
(b) Unconditional leave to defend
(c) Leave with terms as to payment in Court for security
(d) None of the these
Explanation: Under the summary procedure of Order XXXVII, the court has the discretion to grant a defendant leave to defend the suit. This leave may be granted unconditionally if the court finds a triable issue, or it may be granted subject to conditions, such as depositing security or payment into court, depending on the nature of the defense presented.
#1964
Once a civil suit has been formally instituted, to whom may the court issue a summons?
(a) Government
(b) Defendants
(c) Nazir
(d) None of the these
Explanation: Upon the formal institution of a suit, the court issues a summons to the defendant(s) to appear and answer the claim on a day to be specified therein. This is a fundamental step in civil litigation to ensure the defendant is aware of the allegations and has the opportunity to present their defense before the court.
#1965
How many specific grounds are listed under Order VII, Rule 11 of the C.P.C. that may result in the rejection of a plaint?
(a) 3
(b) 4
(c) 5
(d) None of these
Explanation: Order VII, Rule 11 of the Code of Civil Procedure (C.P.C.) provides the grounds for the rejection of a plaint. These grounds include: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued; (c) where the plaint is insufficiently stamped; and (d) where the suit appears barred by any law. There are four distinct clauses under this rule.
#1966
Under Order XXVI, Rule 19 of the Code of Civil Procedure, to whom may the High Court issue a commission?
(a) Any Court within the local limits of whose Jurisdiction the witness reside
(b) Both of the above
(c) Any person which it deems fit
(d) None of these
Explanation: Order XXVI, Rule 19 of the CPC pertains to the issuance of commissions for the examination of witnesses residing outside the jurisdiction of the court. It specifically empowers the court to issue a commission to another court within whose local jurisdiction the witness resides, ensuring the proper recording of evidence when a witness cannot appear in person.
#1967
Under the legal framework in Pakistan, in what name may partners of a business entity initiate or defend legal proceedings?
(a) 1
(b) 2
(c) 3
(d) 4
Explanation: In Pakistan, under the Code of Civil Procedure, partners carrying on business may sue or be sued in the name of the firm. This procedural rule allows the partnership entity to be represented collectively in court, simplifying litigation involving multiple partners. This is a standard practice to ensure that the legal identity of the business is recognized in judicial proceedings, distinct from the individual names of the partners.
#1968
Under Order XVII, Rule 1 of the CPC, under what circumstances may a court grant an adjournment of a hearing?
(a) Any party intend to do so
(b) Any party request for adjournment with sufficient cause
(c) Court is busy
(d) None of these
Explanation: Order XVII, Rule 1 of the Code of Civil Procedure provides the court with the discretion to grant an adjournment. This power is exercised when a party demonstrates sufficient cause for the delay, ensuring that the judicial process remains fair while preventing unnecessary litigation delays.
#1969
If a warehouse-keeper is entrusted with goods for delivery to Z, but B wrongfully takes possession of them, against whom may the warehouse-keeper initiate a legal suit?
(a) None of These
(b) Sue B for the goods
(c) Sue Z for the goods
(d) Sue both B and Z for the goods
Explanation: In this scenario, the warehouse-keeper acts as a bailee. Since B has wrongfully taken possession of the goods, the warehouse-keeper has a legal right to recover the possession of the goods from the wrongdoer, B. The warehouse-keeper is responsible for the safety of the goods and has the standing to sue the person who interfered with that possession, regardless of the intended recipient, Z.
#1970
A foreign state may initiate a lawsuit in a domestic court provided it has been recognized by which authority?
(a) Provincial government
(b) President
(c) Federal government
(d) None of the these
Explanation: According to Section 84 of the Code of Civil Procedure, a foreign state may sue in any competent court if the state has been recognized by the Federal Government. This requirement ensures that the legal standing of foreign entities is consistent with the diplomatic and sovereign recognition policies of the state, preventing unauthorized entities from utilizing the domestic judicial system.
#1971
Under which provision of the Code of Civil Procedure (CPC) may a court proceed ex-parte against a defendant if the summons were duly served but the defendant failed to appear?
(a) O. IX, Rule 6, of C.P.C.
(b) None of these
(c) O. IX, Rule 8
(d) O. IX, Rule 4, of C.P.C.
Explanation: Order IX, Rule 6 of the Code of Civil Procedure, 1908, specifically addresses the procedure when the plaintiff appears and the defendant does not appear. If the court is satisfied that the summons were duly served, it may direct that the suit be heard ex-parte. This ensures that the judicial process is not stalled by the non-appearance of a properly notified party.
#1972
Under Order XVI, Rule 14 of the Code of Civil Procedure, what category of person may the court summon to appear as a witness on its own motion?
(a) Defendant
(b) None of these
(c) Stranger
(d) Plaintiff
Explanation: Order XVI, Rule 14 empowers the court to summon any person as a witness, even if they are not a party to the suit, if the court believes their testimony is essential for the just resolution of the matter. This discretionary power allows the court to ensure that all relevant facts are brought before it, regardless of whether the parties have requested the witness's presence.
#1973
When a lawsuit is initiated against a corporation, upon whom may the court summons be legally served?
(a) Principal officer of the corporation
(b) Secretary or director of the corporation
(c) None of the these
(d) Both A and B
Explanation: Under the Code of Civil Procedure, service of summons on a corporation is valid if delivered to the secretary, any director, or other principal officer of the corporation. This ensures that the legal notice reaches a person with sufficient authority to represent the entity's interests in court. By allowing service on these specific roles, the law ensures that the corporation is duly notified of the legal action against it.
#1974
Under Order XVI, Rule 14 of the CPC, whom may the court summon as a witness on its own motion?
(a) Defendant
(b) Plaintiff
(c) Stranger
(d) None of these
Explanation: Order XVI, Rule 14 of the Code of Civil Procedure empowers the court to exercise its discretion to summon any person as a witness, even if they are not a party to the suit (a stranger), if the court believes their testimony is necessary for the just determination of the case. This ensures the court can uncover the truth beyond the evidence presented by the litigants.
#1975
Under what circumstances may a court require a plaintiff to provide security for costs?
(a) When plaintiff is out of the country and does not possess any immoveable property in the country
(b) When plaintiff is died
(c) When plaintiff failed to produce evidence regarding his suit
(d) None of the these
Explanation: The court may order a plaintiff to provide security for costs if the plaintiff resides outside the jurisdiction and does not possess sufficient immovable property within the country. This provision protects the defendant from being unable to recover costs if the suit is dismissed, ensuring a balanced legal environment.
#1976
In a contract of sale, how may a stipulation regarding the subject goods be classified?
(a) Both A and B
(b) A condition
(c) None of above
(d) A warranty
Explanation: Under the Sale of Goods Act, a stipulation in a contract of sale can be either a condition or a warranty. A condition is a stipulation essential to the main purpose of the contract, whereas a warranty is a stipulation collateral to the main purpose, providing a right to claim damages if breached.
#1977
Under Order XVI, Rule 4 of the Code of Civil Procedure (CPC), what action may a court take if the required fees for summoning witnesses are not paid?
(a) None of these
(b) Order to pay the fee from Government treasury
(c) None of the above
(d) Order to attach or sell the moving property of the applicant person
Explanation: Order XVI, Rule 4 of the CPC empowers the court to recover the costs of summoning witnesses from the party who requested their attendance. If the applicant fails to pay the necessary fees, the court is authorized to recover the amount by attaching and selling the applicant's movable property, ensuring the judicial process remains funded by the litigants.
#1978
If a court determines that multiple causes of action joined in a single suit cannot be conveniently tried or disposed of together, what action may the court take?
(a) Order separate trial
(b) Transfer case to District Court
(c) None of these
(d) Reject the suit
Explanation: Under the Civil Procedure Code, courts possess the discretionary power to manage proceedings for efficiency. If the joinder of multiple causes of action creates procedural complexity that hinders a fair or convenient trial, the court is authorized to order separate trials for those causes of action to ensure justice is administered effectively.
#1979
In whose favor may an ex parte order typically be granted under the Code of Civil Procedure?
(a) Both (a) and (b)
(b) Plaintiff
(c) Defendant
(d) None of the these
Explanation: An ex parte order is generally granted in favor of the plaintiff when the defendant fails to appear in court despite being duly served with the summons. This procedural step allows the court to proceed with the case in the absence of the defendant. While the plaintiff is the primary beneficiary, the law provides safeguards for the defendant to challenge such orders if they were not properly notified.
#1980
Under what name may two or more persons, who are partners in a business operating in Pakistan, initiate or defend legal proceedings?
(a) Personally
(b) Firm
(c) By agent
(d) None of these
Explanation: According to the Civil Procedure Code, partners carrying on business in Pakistan may sue or be sued in the name of the firm. This procedural rule allows the collective entity to be represented in court without naming every individual partner in the title of the suit.