Part 2 MCQ Quiz - Objective Question with Answer for Part 2 - Download Free PDF

The correct answer is Section 433

Key Points

• Section 433 of the Code of Criminal Procedure, 1973:
  • Empowers the Appropriate Government to commute sentences without the consent of the accused.
  • This power is executive in nature, not judicial.
• What the Government May Do Under Section 433:
  • Commute:
    • A death sentence to life imprisonment.
    • Life imprisonment to imprisonment not exceeding 14 years or to a fine.
    • Rigorous imprisonment to simple imprisonment.
    • Any imprisonment to a fine.
  • Consent of the Accused:
    • Unlike compounding of offences under Section 320, no consent of the convict is required for commutation under Section 433.

Additional Information

• Section 432: Deals with suspension or remission of sentences, not specifically commutation without consent.
• Section 320: Pertains to compounding of offences, which requires the consent of the parties involved.
• Section 321: Deals with the withdrawal from prosecution by the Public Prosecutor with court's consent, not commutation.

The correct answer is The court executing the decree

Key Points

• This situation is governed by Section 47 of the Code of Civil Procedure, 1908 (CPC).
• Section 47 CPC states that all questions relating to execution, discharge, or satisfaction of a decree shall be determined by the executing court.
• The question whether a person is or is not a representative of a party to the decree is directly related to execution and therefore falls under Section 47.
• The executing court has exclusive jurisdiction to decide such questions; no separate suit is maintainable.
• This avoids multiplicity of proceedings and ensures speedy execution of decrees.​

Additional Information

• The court which passed the decree: Incorrect. Once the decree enters execution, the executing court deals with such questions.
• The appellate court:Incorrect. The appellate court does not decide execution-related questions.
• None of the above:Incorrect. The correct authority is the executing court.

The correct answer is Option 4.

Key PointsSection 38. Court by which decree may be executed—
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution. 

The correct answer is neither modify nor vary the terms of the decree

Key Points

• As per Section 47 of CPC,  any matter related to the execution, discharge, or satisfaction of a decree between two or more parties or their representatives in their absence must be determined in the same execution proceedings.
• No other or separate suit must be filed for the same. This indicates that the Section has a much wider scope than it looks. The executing court has been conferred exclusive jurisdiction on all matters related to execution, discharge, or satisfaction of a decree.

Additional Information

• Incorrect Options:
  • Option 1 (Modify terms of the decree): An executing court cannot modify the terms of the decree. Modifying the decree would essentially mean changing the judgment, which is beyond the scope of an executing court's powers.
  • Option 2 (Vary the terms of the decree): Similarly, varying the terms implies altering the decree's conditions, which an executing court is not authorized to do.
  • Option 3 (Modify and vary the terms of the decree): Combining the powers to modify and vary the terms is incorrect for the same reasons as above. The executing court's role is strictly to enforce the decree as it stands.
• Legal Precedents:
  • Various legal precedents and judicial pronouncements have consistently upheld that an executing court must execute the decree as it is and cannot go beyond its terms.
  • This principle ensures consistency and respect for the judicial process, preventing lower courts from altering higher court decisions.

The correct answer is 'One-third'

Key Points

• Execution of a decree for maintenance:
  • In legal terms, maintenance refers to the financial support that one party is ordered to provide to another, typically in cases of divorce or separation.
  • When a court issues a decree for maintenance, it can enforce this order by affecting the salary of the person who is obligated to pay.
  • The extent to which the salary can be affected is crucial to ensure that the maintenance order is fulfilled while also allowing the person to retain sufficient income for their own needs.

Additional Information

• Incorrect Options:
  • One-fourth:
    • This option is incorrect as the law specifies that the maximum portion of salary that can be affected is more than one-fourth.
  • Two-thirds:
    • This option is incorrect because it allows for a much larger portion of salary to be affected than what is legally permissible.
  • One-half:
    • This option is incorrect as it also exceeds the legally allowed portion that can be affected for maintenance purposes.

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct option is yes

Key Points

• Sections 55 to 59 (Order 21, Rules 30 to 41)
• General:-
  • One of the modes of executing a decree is the arrest and detention of the judgment debtor in a civil prison.
• When Arrest and Detention May Be Ordered?
  • Where the decree is for payment of money, it can be executed by arrest and detention of the Judgment-debtor.
  • In the case of a decree for the specific performance of a contract or for an injunction, a judgment debtor can be arrested and detained.
  • Again, where a decree is against a Corporation, it can be executed with the leave of the court by detention in the civil prison of its directors or other officers.
• Persons cannot be arrested:- Sections 56, 58, 135, 135-A
  • There are the following classes of persons who cannot be arrested or detained in civil prison:-
    1. A woman
    2. Judicial officers, while going to, presiding in, or returning from their courts.
    3. The parties, their leaders, mukhtars, revenue agents and recognised agents and their witnesses acting in obedience to a summons while going to, attending or returning from the court.
    4. Members of legislative bodies.
    5. Any person or class of persons, whose arrest, according to the State Government, might be attended with danger or inconvenience to the public.
    6. A judgment-debtor, where the decretal amount does not exceed rupees two thousand.

The correct answer is option 4.Key Points

• Section 56 of Civil Procedure Code 1908 deals with Prohibition of arrest or detention of women in execution of decree for money.
• It says notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
• The section ensure following key points:
  • Protection of Women: This provision ensures that women cannot be imprisoned for failing to pay a debt or comply with a monetary decree.
  • Enforcement Mechanisms: While other enforcement mechanisms like attachment and sale of property may still be used, arrest and detention in civil prison are explicitly prohibited for women under this section.
  • Humanitarian Considerations: The section reflects a humanitarian approach, recognizing the need to protect women from the harsh consequences of debt imprisonment.

The correct answer is option 3.Key Points

• Attachment comes under one of the power of civil court to enforce the execution under section 51 of Code of civil Procedure Code.
• Section 60 of Civil Procedure Code 1908 provides what Property is liable to attachment and sale in execution of decree.
• Section 60 (1)  says the following property is liable to attachment and sale in execution of a decree, namely:
  • Lands, houses or other buildings,
  • Goods, money, bank-notes, cheques
  • Bills of exchange, hundis, promissory notes,
  • Government securities, bonds or other securities for money,
  • Debts, shares in a corporation and, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him.

Additional Information

• ​Following particulars shall not be liable to such attachment or sale, namely:
  • Necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman,
  • Tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood.
  • Houses and other buildings.
  • books of account
  • A mere right to sue for damages
  • Any right of personal service
  • Stipends and gratuities allowed to pensioners of the Government
  • The wages of labour and domestic servants, whether payable in money or in kind.
  • Salary to the extent of the first one thousand rupees and two third of the remainder in execution of any decree other than a decree for maintenance
  • One-third of the salary in execution of any decree for maintenance etc.

The correct answer is option 3.Key Points

• Section 58 of Civil Procedure Code 1908 deals with detention and release.
• Every person detained in the civil prison in execution of a decree shall be so detained:
  • Where the decree is for the payment of a sum of money exceeding five thousand rupees, for a period not exceeding three months,
  • Where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
• For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed two thousand rupees.
• A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct answer is option 3.Key Points

• Section 46 under C.P.C. 1908 deals with the Precepts.
• Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
• The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
• Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct answer is option 4

 Key Points Section 39.  Transfer of decree.
(1) The Court which passed a decree may, on the application of the decree holder, send it for execution to another 
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]
(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]

The correct answer is option 4.Key Points

• Section 75 of Civil Procedure Code deals with power of Court to issue commissions.
• It says the Court may issue a commission:
  • To examine any person,
  • To make a local investigation,
  • To examine or adjust accounts, 
  • To make a partition;
  • To hold a scientific, technical, or expert investigation,
  • To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit,
  • To perform any ministerial act.

Additional Information

• Order 26 under Civil Procedure Code 1908 deals with Commission.