1.If a defendant sets up a counter claim in a suit the same may be proceeded with even if-
a.the suit by the plaintiff is stayed.
b.plaintiff discontinued the suit
c.the suit is dismissed.
d.under all the circumstances mentioned above
Ans.d
Sol.
- A counter claim is a claim counter to the claim of the plaintiff related to the suit between the parties. The effect of preferring a counter-claim is that to its extent the defendant becomes a plaintiff and the plaintiff becomes a defendant.
- Order 8, Rule 6-A to 6-G, which were added by Civil Procedure Code (Amendment) Act, 1976 deal with provisions relating to counter-claim by the defendant.
- As per Rule 6F, the effect of the counter-claim would be that even if the suit of the plaintiff is stayed, discontinued, dismissed or withdrawn, the counter-claim will be decided on merits, meaning thereby the defendant will have a right to judgment if his counter-claim succeeds.
2.As per CrPC “Complaint” includes
a.any allegation made orally only to a Magistrate
b.any allegation made in writing only to a Magistrate
c.any allegation made orally or in writing to a Magistrate
d.any allegation made orally or in writing to a Police Officer
Ans.c
Sol.
- Under S.2(d) of CrPC/ S.2(1)(h) of BNSS “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
3.A person is said to do a thing fraudulently, if he does that thing
a.illegally
b.unlawfully
c.with intent to defraud
d.none of the above
Ans.c
Sol.
- Under S.25 of IPC/ S.2(9) of BNS, A person is said to do a thing fraudulently, if he does that thing with intent to defraud but not otherwise.
4.How many parts are present in the Constitution of India?
a.XXII parts
b.XXIV parts
c.XXV parts
d.XXIII parts
Ans.c
Sol.
- Originally , the Constitution was divided into 22 parts and 8 schedules. Presently it has 25 Parts and 12 schedules.
5.What shall not be permitted in cross examination?
a.questions to test his veracity
b.questions to discover who is he
c.indecent and scandalous questions relate to fact in issue
d.questions intended to insult or annoy
Ans.d
Sol.
- Under S.146 of Indian Evidence Act/ S.149 of BSA a witness may be questioned
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit by injuring his character. - S. 151 IEA (S.154 BSA) and 152 IEA (S.155 BSA) invest a court with power or discretion to forbid Indecent, scandalous questions and Question intended to insult or annoy respectively.
- The Court cannot forbid indecent or scandalous questions if they relate to fact in issue. If they have, however, merely some bearing on the questions before the Court, the Court, has a discretion and may forbid them.
- Where a question is intended to insult or annoy or through paper in itself, appears to the Court needlessly offensive in form, the Court shall forbid such questions.
