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Test: Section 9 CPC - Judiciary Exams MCQ


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25 Questions MCQ Test Civil Law for Judiciary Exams - Test: Section 9 CPC

Test: Section 9 CPC for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Section 9 CPC questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Section 9 CPC MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Section 9 CPC below.
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Test: Section 9 CPC - Question 1
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What is the primary authority granted to civil courts according to Section 9 of the Civil Procedure Code (CPC)?

Detailed Solution for Test: Section 9 CPC - Question 1
Section 9 of the Civil Procedure Code (CPC) specifies that a civil court has the authority to try all civil suits except those that are expressly or impliedly prohibited. This provision outlines the scope of jurisdiction for civil courts, allowing them to hear civil matters unless specifically restricted by law.
Test: Section 9 CPC - Question 2
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According to Section 9 of the Civil Procedure Code (CPC), what is considered civil even if the basis of the right involves religious matters?

Detailed Solution for Test: Section 9 CPC - Question 2
Section 9 of the CPC clarifies that a suit involving a dispute over property is considered civil, even if the basis of the right hinges on religious matters. This means that disputes related to property ownership, regardless of any religious implications, fall under the jurisdiction of civil courts.
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Test: Section 9 CPC - Question 3
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In what circumstances can civil courts retain jurisdiction for a civil suit excluded under Section 9 of the CPC?

Detailed Solution for Test: Section 9 CPC - Question 3
Despite a civil suit being excluded under Section 9 of the CPC, civil courts may still retain jurisdiction for reasons like ensuring fairness and natural justice. This provision allows courts to maintain authority over cases where considerations of fairness and justice warrant their involvement.
Test: Section 9 CPC - Question 4
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What does Section 9 of the Civil Procedure Code (CPC) primarily aim to do regarding the jurisdiction of civil courts?
Detailed Solution for Test: Section 9 CPC - Question 4
Section 9 of the CPC primarily aims to restrict the jurisdiction of civil courts by outlining specific conditions under which they can hear civil suits. While civil courts have broad authority over civil matters, this section sets limitations to ensure that certain types of suits are not within their cognizance unless expressly or impliedly allowed.
Test: Section 9 CPC - Question 5
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What conditions must be met for a civil court to have jurisdiction?
Detailed Solution for Test: Section 9 CPC - Question 5
For a civil court to have jurisdiction, two conditions must be met: The suit must pertain to a civil matter, and the suit must not be expressly or impliedly barred from the court's cognizance. This ensures that the court can hear cases related to civil disputes within its jurisdiction.
Test: Section 9 CPC - Question 6
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What does Section 9 of the CPC primarily do regarding the jurisdiction of civil courts?
Detailed Solution for Test: Section 9 CPC - Question 6
Section 9 of the CPC restricts the jurisdiction of civil courts but allows for interpretation to widen their scope whenever possible. This section plays a crucial role in defining the extent to which civil courts can hear and decide cases, balancing restrictions with flexibility when necessary.
Test: Section 9 CPC - Question 7
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When can courts retain jurisdiction for a civil suit even if it is excluded under Section 9 of the CPC?
Detailed Solution for Test: Section 9 CPC - Question 7
Courts may retain jurisdiction for a civil suit even if it is excluded under Section 9 of the CPC for reasons like ensuring fairness and natural justice. This exceptional circumstance allows the court to intervene in situations where fundamental principles of fairness and justice are at stake.
Test: Section 9 CPC - Question 8
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In the case of Dhulabhai vs State of MP (1968), what action did the appellants take before the litigation began?
Detailed Solution for Test: Section 9 CPC - Question 8
In the case of Dhulabhai vs State of MP (1968), the appellants served notices under Section 80 of the Civil Procedure Code before the litigation began. Serving notices under Section 80 is a procedural requirement that must be fulfilled before initiating legal action against the government or public officers. This section aims to provide an opportunity for the government to reconsider its decision or actions before facing a lawsuit in civil courts.
Test: Section 9 CPC - Question 9
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What distinguishes explicitly limited jurisdiction from implied restrictions on civil courts?
Detailed Solution for Test: Section 9 CPC - Question 9
Explicit limitations on civil court jurisdiction are explicitly stated in statutes, while implied restrictions arise when a case goes against public policy or when a statute provides an exhaustive remedy. This distinction highlights how jurisdictional boundaries can be defined both explicitly and implicitly within the legal framework.
Test: Section 9 CPC - Question 10
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What was the significance of the Madhya Bharat Sales Tax Act in the case of Dhulabhai vs State of MP (1968)?
Detailed Solution for Test: Section 9 CPC - Question 10
The Madhya Bharat Sales Tax Act played a crucial role in the case of Dhulabhai vs State of MP (1968) by imposing taxes on dealers based on sales thresholds. This legislation led to disputes over tax collections and was a key factor that contributed to the legal conflict between the appellants and the state authorities.
Test: Section 9 CPC - Question 11
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What was the central issue in The Secretary Of State for India vs. Mask And Co. case?
Detailed Solution for Test: Section 9 CPC - Question 11
The central issue in The Secretary Of State for India vs. Mask And Co. case revolved around the dispute over the classification of betel-nuts for duty purposes. The court's ruling emphasized that jurisdiction should not be determined solely on inferences and asserted the court's authority over the case, highlighting the importance of clear legal classifications in matters of taxation and duty imposition.
Test: Section 9 CPC - Question 12
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What did the Supreme Court emphasize in the case of State of A.P. v. Majeti Laxmi Kanth Rao 2000 regarding the exclusion of civil court jurisdiction?
Detailed Solution for Test: Section 9 CPC - Question 12
In the case of State of A.P. v. Majeti Laxmi Kanth Rao 2000, the Supreme Court emphasized the importance of providing alternative remedies when excluding civil court jurisdiction. This ensures that individuals have avenues for seeking justice even when the civil court's jurisdiction is prohibited. Alternative remedies help maintain fairness and access to justice within the legal system.
Test: Section 9 CPC - Question 13
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What criteria did the Supreme Court set in the case of State of A.P. v. Majeti Laxmi Kanth Rao 2000 for excluding civil court jurisdiction?
Detailed Solution for Test: Section 9 CPC - Question 13
In the case of State of A.P. v. Majeti Laxmi Kanth Rao 2000, the Supreme Court set criteria for excluding civil court jurisdiction, highlighting the necessity of providing alternative remedies. This criterion ensures that individuals have recourse to justice even if civil court jurisdiction is restricted. By mandating alternative remedies, the legal system aims to safeguard individuals' rights and access to justice.
Test: Section 9 CPC - Question 14
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What did the Court emphasize in the case of Hasham Abbas vs Ussman Abbas regarding civil court jurisdiction based on Supreme Court decisions?
Detailed Solution for Test: Section 9 CPC - Question 14
In the case of Hasham Abbas vs Ussman Abbas, the Court emphasized key principles related to civil court jurisdiction based on Supreme Court decisions, highlighting the significance of legal precedents. This underscores the reliance on past court rulings and established legal interpretations to guide current judicial decisions. Legal precedents play a crucial role in maintaining consistency, predictability, and fairness within the legal system.
Test: Section 9 CPC - Question 15
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What legislative power allows state legislatures to modify the Civil Procedure Code?
Detailed Solution for Test: Section 9 CPC - Question 15
State legislatures have the authority to modify the Civil Procedure Code under Entry 13 of the Concurrent List. This provision empowers state legislatures to make amendments and introduce changes to the Code within their respective states, reflecting the principles of federalism in India.
Test: Section 9 CPC - Question 16
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Which legislative act invalidated the previous changes made by state legislatures to the Civil Procedure Code?
Detailed Solution for Test: Section 9 CPC - Question 16
The Code of Civil Procedure (Amendment) Act of 1976 made substantial alterations to the Civil Procedure Code and invalidated the previous changes made by state legislatures under Section 97. This act standardized and updated the provisions of the Code at the national level, superseding any conflicting amendments made by individual states.
Test: Section 9 CPC - Question 17
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Under which constitutional article was Section 9A reintroduced by the State Legislature?
Detailed Solution for Test: Section 9 CPC - Question 17
In accordance with Article 254(2) of the Indian Constitution, the State Legislature reintroduced Section 9A to the Civil Procedure Code as the Code of Civil Procedure (Maharashtra Amendment) Act of 1977 with the approval of the President. This constitutional provision governs the relationship between central and state laws, ensuring harmony and consistency in legislation.
Test: Section 9 CPC - Question 18
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What significant changes were introduced by the Code of Civil Procedure (Amendment) Act of 1976?
Detailed Solution for Test: Section 9 CPC - Question 18
The Code of Civil Procedure (Amendment) Act of 1976 brought about substantial alterations to the existing Code. This amendment marked a pivotal moment in legal history by making significant changes to the Code, impacting various legal proceedings and practices in the country. It aimed to streamline and enhance the civil procedure processes, ensuring better efficiency and effectiveness in the legal system.
Test: Section 9 CPC - Question 19
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What significant change did the Maharashtra Amendment Act of 1970 bring to the Civil Procedure Code?
Detailed Solution for Test: Section 9 CPC - Question 19
The Maharashtra Amendment Act of 1970 brought changes to the Civil Procedure Code by introducing Section 9A. This new section, added through the legislative powers of Maharashtra, signified a specific modification to the Code within the state, demonstrating the legislative autonomy granted to states in shaping procedural laws to suit regional requirements.
Test: Section 9 CPC - Question 20
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What constitutional provision allowed for the reintroduction of Section 9A by the State Legislature?
Detailed Solution for Test: Section 9 CPC - Question 20
The State Legislature was able to reintroduce Section 9A through the Code of Civil Procedure (Maharashtra Amendment) Act of 1977 with the approval of the President, in accordance with Article 254(2) of the Indian Constitution. This constitutional provision plays a crucial role in the relationship between the Union and states regarding conflicting laws on concurrent subjects, ensuring harmony and consistency in legislation.
Test: Section 9 CPC - Question 21
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Which legislative actions were invalidated by the 1976 Amendment Act under Section 97?
Detailed Solution for Test: Section 9 CPC - Question 21
The 1976 Amendment Act, under Section 97, invalidated previous changes made by state legislatures. This legal provision aimed to establish uniformity and coherence in the legal framework by superseding and nullifying any conflicting or inconsistent amendments made by state authorities to the Code of Civil Procedure prior to the enactment of the Amendment Act.
Test: Section 9 CPC - Question 22
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What was the approval process involved in the re-enactment of Section 9A by the State Legislature?
Detailed Solution for Test: Section 9 CPC - Question 22
The reintroduction of Section 9A by the State Legislature, as part of the Code of Civil Procedure (Maharashtra Amendment) Act of 1977, required approval from the President. This step underscores the significance of executive oversight and validation in the legislative process, ensuring that legal reforms and amendments align with the constitutional framework and national interests.
Test: Section 9 CPC - Question 23
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What is the primary role of Section 9 of the Civil Procedure Code in relation to the jurisdiction of civil courts?
Detailed Solution for Test: Section 9 CPC - Question 23
Section 9 of the Civil Procedure Code primarily serves to define the extent of jurisdiction that civil courts have when it comes to adjudicating civil cases. This section outlines that all civil cases should initially be attempted in a civil court unless there are specific legal prohibitions. By doing so, this provision emphasizes the broad jurisdictional scope of civil courts in addressing a wide array of civil matters.
Test: Section 9 CPC - Question 24
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In what scenario can a civil court dismiss a case based on the provisions of Section 9 of the Civil Procedure Code?
Detailed Solution for Test: Section 9 CPC - Question 24
According to Section 9 of the Civil Procedure Code, a civil court has the authority to dismiss a case if the plaintiff does not fulfill the specified jurisdictional prerequisites as set forth in the section. This ensures that cases are processed in alignment with established legal principles and procedural mandates, maintaining the integrity and efficiency of the judicial system.
Test: Section 9 CPC - Question 25
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Why is it imperative for civil courts to adhere to the requirements and types of jurisdiction delineated in Section 9 of the Civil Procedure Code?
Detailed Solution for Test: Section 9 CPC - Question 25
Adhering to the stipulated requirements and types of jurisdiction specified in Section 9 of the Civil Procedure Code is crucial for civil courts as it ensures the maintenance of fairness and efficiency within the judicial system. By following these guidelines, courts can guarantee that cases are heard in a structured and lawful manner, promoting the integrity and smooth functioning of the legal process.
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