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Test: Inherent Powers of Court under CPC - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Inherent Powers of Court under CPC

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Test: Inherent Powers of Court under CPC - Question 1

What do the inherent powers of a court under the Civil Procedure Code (CPC) primarily aim to ensure?

Detailed Solution for Test: Inherent Powers of Court under CPC - Question 1
The inherent powers of a court under the Civil Procedure Code (CPC) primarily aim to ensure fairness and completeness in legal proceedings. These powers, though not explicitly stated in the CPC, are crucial for addressing situations not covered by specific legal provisions. They are essential for maintaining justice and integrity in the legal system, especially in unique cases where specific rules may not apply. It is important for courts to exercise these powers judiciously to uphold the principles of fairness and ensure that justice is served.
Test: Inherent Powers of Court under CPC - Question 2

What is the primary purpose of a court invoking its inherent powers in a legal dispute characterized by intentional delays and non-compliance?

Detailed Solution for Test: Inherent Powers of Court under CPC - Question 2
The primary objective of a court utilizing its inherent powers in a legal dispute marked by deliberate delays and non-compliance is to expedite the legal proceedings and guarantee a prompt resolution. By doing so, the court aims to prevent the abuse of the legal process and uphold the efficiency and fairness of the judicial system.
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Test: Inherent Powers of Court under CPC - Question 3

What is the primary purpose of Section 150 under the Civil Procedure Code (CPC)?

Detailed Solution for Test: Inherent Powers of Court under CPC - Question 3
Section 150 of the CPC deals with the transfer of court business between different courts. This provision allows for the smooth transfer of cases or legal matters from one court to another, ensuring efficiency and proper adjudication based on the circumstances of the case. Such transfers may occur due to territorial jurisdiction, workload considerations, or other valid reasons to promote the effective administration of justice.
Test: Inherent Powers of Court under CPC - Question 4
What does Section 151 of the CPC primarily safeguard and empower the Court to do?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 4
Section 151 of the CPC safeguards the inherent powers of the Court, enabling it to correct errors in orders, issue necessary orders for justice, prevent misuse of legal processes, and take actions essential for serving justice. This provision grants the Court the flexibility to address situations not explicitly covered by the law but crucial for ensuring fairness and preventing abuse of legal procedures.
Test: Inherent Powers of Court under CPC - Question 5
When can a court exercise the power of enlarging time limits according to Section 148 of the Civil Procedure Code (CPC)?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 5
Section 148 of the CPC empowers the court to extend time limits for actions as specified by the law. The court has the discretion to grant multiple extensions, but each extension can be up to 30 days beyond the original deadline. This provision is crucial in ensuring that parties involved in legal proceedings have adequate time to fulfill their obligations and present their cases effectively, thereby upholding the principles of natural justice and fairness in legal proceedings.
Test: Inherent Powers of Court under CPC - Question 6
What do courts emphasize when utilizing their inherent powers in legal proceedings according to the case of Debendranath v. Satya Bala Dass?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 6
In the case of Debendranath v. Satya Bala Dass, courts emphasize correcting errors in orders when utilizing their inherent powers in legal proceedings. This action aligns with the ultimate goal of justice and helps ensure fair and just outcomes in legal disputes.
Test: Inherent Powers of Court under CPC - Question 7
What kind of actions constitute the abuse of legal processes, as defined under Section 151 of the CPC?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 7
The abuse of legal processes, as outlined in Section 151 of the CPC, includes actions that result in harm to another party. This abuse occurs when the court's authority is unfairly exploited, leading to unjust outcomes. It is crucial for courts to prevent such abuses to uphold the principles of fairness and justice in legal proceedings.
Test: Inherent Powers of Court under CPC - Question 8
What is the purpose of a court exercising its inherent powers as recognized in Section 151 of the CPC?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 8
The court's inherent powers under Section 151 of the CPC are not meant to establish new authorities but are instead utilized to achieve substantial justice when no other suitable remedy exists. These powers are essential for the court to address situations where existing provisions may not offer adequate solutions, ensuring fairness and justice in legal proceedings.
Test: Inherent Powers of Court under CPC - Question 9
How does a court contribute to maintaining consistency in legal outcomes through the application of res judicata principles?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 9
Courts contribute to maintaining consistency in legal outcomes by applying res judicata principles even in cases not explicitly covered by Section 11 of the CPC. This practice ensures that judicial decisions are coherent and that issues already adjudicated upon cannot be re-litigated endlessly, promoting finality and certainty in legal proceedings.
Test: Inherent Powers of Court under CPC - Question 10
What action can courts undertake under the concept of "Adding a Third Party"?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 10
Courts, under the provision of "Adding a Third Party," have the authority to allow a third party to join a legal case upon request. This action broadens perspectives, introduces additional stakeholders, and can contribute to a more comprehensive adjudication of the matter at hand.
Test: Inherent Powers of Court under CPC - Question 11
What is the purpose of courts suspending suits under the concept of "Stay of Suit"?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 11
The "Stay of Suit" empowers courts to suspend legal proceedings that do not fall under Res sub judice. This is crucial for maintaining order and preventing the occurrence of redundant or overlapping legal actions, ensuring a fair and efficient legal process.
Test: Inherent Powers of Court under CPC - Question 12
What is the main objective of Section 152 of the Civil Procedure Code (CPC) regarding judgments, decrees, and orders?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 12
Section 152 of the CPC primarily focuses on correcting written or mathematical errors that may occur in judgments, decrees, or orders. This section empowers the court to rectify mistakes resulting from oversights or imperfections, ensuring that the judicial records accurately reflect the original intentions and decisions of the court. By allowing for the correction of such errors, Section 152 upholds the integrity and accuracy of legal documents and proceedings.
Test: Inherent Powers of Court under CPC - Question 13
What is the primary purpose of Section 153 of the CPC regarding legal proceedings?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 13
Section 153 of the CPC grants the court the general authority to rectify errors or faults in the proceedings of a lawsuit. This provision allows the court to make necessary corrections to ensure a fair legal process. It emphasizes the importance of maintaining the integrity and fairness of legal proceedings by addressing any procedural errors that may occur during a trial.
Test: Inherent Powers of Court under CPC - Question 14
What is the primary function of Section 153A of the CPC, 1908?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 14
Section 153A of the CPC, 1908, deals with the power to amend a decree or order when an appeal is summarily dismissed. It specifically provides provisions for situations where a decree or order needs to be amended despite the dismissal of an appeal. For example, if new evidence surfaces after an appeal is dismissed, Section 153A allows for necessary amendments to be made. This section ensures that the legal process can address changes or errors that may arise even after an appeal has been concluded.
Test: Inherent Powers of Court under CPC - Question 15
What is the overarching role of the inherent powers of the court within the Civil Procedure Code?
Detailed Solution for Test: Inherent Powers of Court under CPC - Question 15
The inherent powers of the court, as outlined within the Civil Procedure Code, primarily function as a supplement in addressing unique and unforeseen legal situations that may require the court's intervention. These powers are essential for upholding justice by allowing the court to act in scenarios not explicitly covered by CPC provisions, ensuring that the integrity of established legal procedures is maintained.
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