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The MCQs below are drawn from the International Law subject category.
Showing 4651–4660
of 5681 MCQs
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4651
When a person entitled to institute a suit or application is under a legal disability at the time the limitation period begins, when may they initiate the proceeding?
The Limitation Act provides relief for persons under legal disability, such as minority, insanity, or idiocy. These conditions prevent a person from understanding the nature of legal proceedings or protecting their interests. Consequently, the law allows the limitation period to be suspended or extended until the disability is removed, enabling the person to institute their suit or application once they are legally and mentally capable of doing so.
4652
When a party requests the court to summon a witness, who is responsible for bearing the associated expenses?
Under the Civil Procedure Code, the party who moves the court to summon a witness is generally responsible for depositing the necessary expenses, such as travel and subsistence allowances, required for the witness to attend the court proceedings. This ensures that the court is not burdened with the costs of private litigation.
4653
What is the total number of rules contained in Order XXXVI of the Code of Civil Procedure?
Order XXXVI of the Code of Civil Procedure deals with special cases where parties agree to submit a question of law or fact to the court for adjudication. This order consists of exactly five rules. These rules provide the procedural pathway for parties to obtain a judicial determination on specific points of contention without going through the standard, more lengthy litigation process, thereby promoting judicial economy.
4654
How is the term 'pauper' defined within the context of civil litigation?
The term 'pauper' (now referred to as an indigent person) is defined by specific statutory thresholds. While option A describes the general inability to pay, option B provides the specific historical monetary threshold often cited in older procedural statutes. Note: This definition may vary by jurisdiction and legislative amendments.
4655
Which specific provision of the Civil Procedure Code (CPC) governs the verification of pleadings?
Order VI, Rule 15 of the Code of Civil Procedure, 1908, explicitly mandates that every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
4656
What action may a court take if a person fails to appear after a proclamation has been issued for their attendance?
When a witness or party fails to comply with a court's proclamation for attendance, the court is authorized to issue coercive processes to ensure their presence. This includes the issuance of bailable or non-bailable warrants depending on the severity of the non-compliance and the necessity of the person's testimony for the ongoing judicial proceedings.
4657
What is the legal status of an agreement where both parties are operating under a mutual mistake regarding a matter of fact essential to the agreement?
Under the principles of contract law, specifically regarding mistake, an agreement where both parties are under a mistake as to a matter of fact essential to the agreement is considered void. This is because the essential element of 'consensus ad idem' or meeting of the minds is absent, rendering the contract legally unenforceable from its inception.
4658
How many rules are contained within Order VIII of the Code of Civil Procedure (C.P.C.)?
Order VIII of the Code of Civil Procedure (C.P.C.) governs the filing of written statements by the defendant. It consists of 13 rules that dictate the requirements for pleadings, set-off, and counter-claims. Note: The source explanation incorrectly identifies this as appeals from original decrees, which is actually covered under Order XLI.
4659
Under Order 1, Rule 2 of the Civil Procedure Code, what action may the court take if the joinder of plaintiffs is deemed to cause embarrassment or delay to the trial?
Order 1, Rule 2 of the CPC empowers the court to manage the proceedings efficiently. If the court determines that the joinder of plaintiffs may embarrass, delay, or otherwise prejudice the fair trial of the suit, it may order separate trials or make such other orders as may be necessary to ensure the case proceeds in an orderly and just manner.
4660
In a legal proceeding concerning a mortgage, who must be joined as parties to the suit?
According to the principles of civil procedure, all persons who possess an interest in the mortgage security or the right of redemption are considered necessary parties. Therefore, they must be impleaded in any suit relating to the mortgage to ensure that the court's decree is binding and effective upon all interested stakeholders.
