No verified paper has been uploaded for PMS International Law Set-2 yet.
The MCQs below are drawn from the International Law subject category.
Showing 5291–5300
of 5681 MCQs
Page 530 / 569
5291
According to Rule 2 of Order XLV-A, which rule applies to the execution of a decree or order for costs passed by the Federal Court in an appeal from the High Court?
Order XLV-A, Rule 2 of the Civil Procedure Code incorporates the provisions of Rule 16 of Order XLV to govern the execution of decrees or orders for costs issued by the Federal Court. This ensures procedural consistency when enforcing appellate decisions, allowing the court to effectively recover costs awarded during the litigation process in accordance with established civil procedure rules.
5292
At what stage of legal proceedings is the law governing the right of appeal determined?
The right of appeal is considered a substantive right that vests in a party at the time the original suit is instituted. Consequently, the law in force at the commencement of the litigation governs the right of appeal, rather than the law in effect at the time of the decree or the filing of the appeal itself, unless otherwise specified by statute.
5293
To which judicial forum should an appeal be directed against a decree or order issued by a Civil Judge, where the value of the suit does not exceed 250,000 PKR?
Under the civil appellate hierarchy, appeals against the decisions of a Civil Judge in suits of lower pecuniary value are heard by the District Court. Both the District Judge and the Additional District Judge possess the requisite jurisdiction to hear such appeals, ensuring that the appellate process is accessible and efficient for lower-value civil litigation.
5294
What is the primary subject matter of Section 144 of the Code of Civil Procedure?
Section 144 of the C.P.C. deals with the doctrine of restitution. It provides that where a decree or order is varied or reversed in appeal, revision, or other proceedings, the court of first instance shall, on the application of any party entitled to any benefit by way of restitution, cause such restitution to be made to place the parties in the position they would have occupied but for the erroneous decree.
5295
If a party is affected by a decree for which an appeal is permissible but chooses not to file one, what legal remedy may they pursue?
A review petition is available to a party who is aggrieved by a decree or order from which an appeal is allowed but has not been preferred. This allows the court that passed the decree to reconsider its decision based on the discovery of new evidence or an error apparent on the face of the record.
5296
In the context of appellate jurisdiction, on what grounds is an appeal generally admissible?
Appellate courts generally have the authority to review both questions of law and questions of fact, depending on the specific procedural rules and the nature of the case. While some jurisdictions limit appeals to points of law, the general principle in many civil systems allows for the review of both factual findings and legal interpretations to ensure justice is served.
5297
Which Order of the Code of Civil Procedure (CPC) governs appeals arising from appellate decrees?
Order XLII of the Code of Civil Procedure, 1908, specifically deals with 'Appeals from Appellate Decrees,' commonly referred to as Second Appeals. It outlines the procedure and grounds upon which a party may challenge a decree passed by an appellate court in a subordinate court, ensuring the right to further judicial review in accordance with the law.
5298
What requirement must an appellant fulfill before an appeal can be admitted in the Supreme Court under the relevant C.P.C. provisions?
Order XLV, Rule 7 of the Code of Civil Procedure (C.P.C.) mandates that an appellant must furnish security for the costs of the respondent and for the payment of the amount adjudged by the decree. The admission of the appeal is contingent upon the appellant depositing this security or providing the required guarantee, ensuring that the respondent's interests are protected during the pendency of the appellate proceedings.
5299
According to Order XLIII, Rule 1 of the Civil Procedure Code, how many distinct categories of orders are subject to appeal?
Order XLIII, Rule 1 of the Code of Civil Procedure provides an exhaustive list of orders from which an appeal lies. As per the original text of the Code, there are 23 specific types of orders listed that are appealable. This list is crucial for practitioners to identify which interlocutory orders can be challenged in a higher court, thereby preventing unnecessary litigation on non-appealable matters.
5300
Which document is mandatory to include with the memorandum of appeal?
A memorandum of appeal must be accompanied by a certified copy of the decree or judgment being challenged. This requirement is essential because the appellate court must review the specific legal findings and orders of the lower court to determine if there was any error in law or fact that warrants a reversal or modification of the original decision.