Order XX, Rule 5 of the Civil Procedure Code (CPC) mandates that in suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit.
4592
If B obtains a bond from A under the threat of prosecuting A's son for forgery, how should the court treat a suit filed by B on this bond?
This scenario involves coercion and undue influence. Under the Contract Act, a contract obtained through threats of criminal prosecution (compounding an offence illegally) is voidable at the option of the party whose consent was so caused. Consequently, the court has the authority to set aside such a bond as it lacks free consent and is against public policy.
4593
What term describes a person against whom a decree has been passed or an order capable of execution has been made?
Section 2(10) of the Code of Civil Procedure, 1908, defines a 'judgment-debtor' as any person against whom a decree has been passed or an order capable of execution has been made. This status is crucial in execution proceedings, as it identifies the party legally obligated to satisfy the court's decree or order through payment, performance, or other mandated actions.
4594
Under the procedural requirements for the delivery of a judgment, who is legally required to sign the document at the time of its pronouncement?
According to the Code of Civil Procedure, a judgment must be dated and signed by the presiding judge in open court at the time of pronouncing it. This signature serves as the official authentication of the court's decision, ensuring that the judicial act is formally recorded and binding upon the parties involved in the litigation.
4595
O. XXI, of C.P.C. contains _________________ Rules?
Source answer preserved: option C (103,). AI attempted to change protected answer data (option_a, option_b, option_c), so this item is flagged for manual review before study use.
4596
Which legal subject matter is governed by Section 34 of the Civil Procedure Code?
Section 34 of the Civil Procedure Code (CPC) empowers the court to award interest on the principal sum adjudged from the date of the suit to the date of the decree, and further interest until the date of payment or realization.
4597
Under Order XX, Rule 8 of the Civil Procedure Code, if a judge vacates their office after pronouncing a judgment but before signing the decree, who is authorized to sign the decree?
Order XX, Rule 8 of the Code of Civil Procedure (CPC) provides a procedural mechanism for situations where a judge who has pronounced a judgment is unable to sign the decree due to vacating their office. In such instances, the successor to the judge who passed the decree is legally empowered to sign it, ensuring the finality and enforceability of the court's decision despite the change in judicial personnel.
4598
What is the formal statement provided by a judge regarding the grounds for a decree or order called?
According to Section 2(9) of the Code of Civil Procedure, 1908, a 'judgment' is defined as the statement given by the judge on the grounds of a decree or order. It serves as the judicial reasoning behind the court's final decision, distinguishing it from the decree itself, which is the formal expression of the adjudication that conclusively determines the rights of the parties.
4599
How many rules are contained within Order XIII of the Code of Civil Procedure (CPC)?
Order XIII of the Code of Civil Procedure, 1908, governs the production, impounding, and return of documents during civil proceedings. It consists of 11 rules that outline the procedure for parties to submit documentary evidence to the court, the court's power to inspect and impound documents, and the conditions under which documents may be returned to the parties after the conclusion of the trial.
4600
Which of the following topics is governed by Order XX of the Code of Civil Procedure (CPC)?
Order XX of the Code of Civil Procedure, 1908, is titled 'Judgment and Decree'. It provides the procedural rules for the delivery of judgments, the contents of decrees, and the specific requirements for different types of suits, such as those involving movable property or accounts. While the original prompt mentioned High Court jurisdiction, Order XX is universally applicable to civil courts governed by the CPC.