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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Precept in CPC

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Test: Precept in CPC - Question 1

What does a precept in the Civil Procedure Code (CPC) enable courts to do?

Detailed Solution for Test: Precept in CPC - Question 1
A precept in the Civil Procedure Code (CPC) empowers courts to issue directives to other competent courts, mandating them to seize the assets of judgment debtors within their jurisdiction. This mechanism aims to prevent debtors from dissipating their assets and safeguards the interests of decree-holders.
Test: Precept in CPC - Question 2

What is the primary purpose of issuing precepts in the Civil Procedure Code (CPC)?

Detailed Solution for Test: Precept in CPC - Question 2
The primary objective of issuing precepts in the Civil Procedure Code (CPC) is to protect the interests of decree-holders. By directing the attachment of judgment debtors' assets, courts aim to prevent debtors from dissipating their assets, ensuring that decree-holders can enforce their rights effectively.
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Test: Precept in CPC - Question 3

According to Section 38 of the Civil Procedure Code, how can a decree be enforced in certain challenging scenarios?

Detailed Solution for Test: Precept in CPC - Question 3
Section 38 of the Civil Procedure Code stipulates that a decree can be enforced either by the court that issued it or by the court to which it has been transferred for execution. This provision allows for flexibility in enforcing decrees, especially in cases where executing the decree poses challenges, such as when the judgment debtor lacks sufficient assets within the court's jurisdiction or resides outside it.
Test: Precept in CPC - Question 4
In the case 'Saboda Prosad Mullick v. Luchmeeput Singh Deogur,' what did the Judicial Committee endorse?
Detailed Solution for Test: Precept in CPC - Question 4
In the case of 'Saboda Prosad Mullick v. Luchmeeput Singh Deogur,' the Judicial Committee endorsed a decree from the Court located in East Burdwan. This decree contained specific instructions for execution, highlighting the significance of precepts in legal proceedings during that time.
Test: Precept in CPC - Question 5
What is the duration of the Court's attachment of the identified property as per the precept issued under Section 46 of the Civil Procedure Code?
Detailed Solution for Test: Precept in CPC - Question 5
According to the provisions of Section 46 of the Civil Procedure Code, the Court's attachment of the identified property, as directed by the precept, lasts for two months unless extended by the issuing Court. This attachment period is crucial for ensuring the enforcement of the decree and allows for the necessary steps to be taken for executing the judgment effectively.
Test: Precept in CPC - Question 6
How do precepts in the Civil Procedure Code contribute to the execution of decrees involving debtors with assets in different jurisdictions?
Detailed Solution for Test: Precept in CPC - Question 6
Precepts in the Civil Procedure Code play a vital role in the execution of decrees when debtors have assets in various jurisdictions. They enable Courts to issue directives to other competent Courts for the enforcement of judgments, particularly when the identified property is located outside the jurisdiction of the issuing Court. This mechanism enhances the efficiency of decree execution by streamlining the process of seizing and realizing assets to satisfy the decree.
Test: Precept in CPC - Question 7
What is the primary objective of the provision outlined in Section 46 of the Civil Procedure Code?
Detailed Solution for Test: Precept in CPC - Question 7
The primary objective of the provision in Section 46 of the Civil Procedure Code is to prevent the judgment debtor from disposing of assets before the decree-holder has the opportunity to transfer the decree to the appropriate court and commence execution proceedings. This measure aims to safeguard the interests of the decree-holder by ensuring that the judgment debtor does not take actions that could harm the execution of the decree.
Test: Precept in CPC - Question 8
In what circumstance does a precept, as described in Section 46, become necessary in the Civil Procedure Code?
Detailed Solution for Test: Precept in CPC - Question 8
A precept, as outlined in Section 46 of the Civil Procedure Code, becomes necessary when the judgment debtor's property is located within the jurisdiction of a different court. This measure is crucial to prevent the judgment debtor from engaging in transactions or selling the property that could potentially jeopardize the interests of the decree-holder. It serves as a precautionary step to protect the rights of the decree-holder until formal procedures for the sale of the property can be initiated through a formal application.
Test: Precept in CPC - Question 9
What function does the precept outlined in Section 46 of the Civil Procedure Code serve?
Detailed Solution for Test: Precept in CPC - Question 9
The precept defined in Section 46 of the Civil Procedure Code functions as a precautionary measure to safeguard the interests of the decree-holder. By preventing the judgment debtor from disposing of assets before the decree can be transferred to the appropriate court and execution proceedings can commence, this provision aims to protect the rights and claims of the decree-holder until formal procedures for the sale of the property can be initiated.
Test: Precept in CPC - Question 10
What is the primary effect of an attachment resulting from a precept issued under Section 46 of the CPC?
Detailed Solution for Test: Precept in CPC - Question 10
The attachment resulting from a precept issued under Section 46 of the CPC temporarily holds the judgment debtor's property until the decree can be fully executed. This temporary state of uncertainty is a crucial step in the enforcement process, ensuring that the property remains available for execution while the legal procedures are followed.
Test: Precept in CPC - Question 11
According to the proviso to Section 46 of the CPC, how long can an attachment under a precept last without an extension by the issuing court?
Detailed Solution for Test: Precept in CPC - Question 11
The proviso to Section 46 specifies that an attachment under a precept in the CPC cannot exceed two months unless extended by the court that issued the decree. This time limit ensures that the judgment debtor's property is not held indefinitely, balancing the rights of both parties involved in the legal process.
Test: Precept in CPC - Question 12
What happens to the attachment resulting from a precept when the decree is transferred to the receiving court for execution?
Detailed Solution for Test: Precept in CPC - Question 12
When the decree is transferred to the receiving court for execution, the attachment resulting from the precept is typically released. This allows for the orderly transfer of authority and responsibility for executing the decree, ensuring that the legal process moves forward smoothly without unnecessary encumbrances on the judgment debtor's property.
Test: Precept in CPC - Question 13
What is the crucial step required following a precept under Section 46 of the CPC before decree execution?
Detailed Solution for Test: Precept in CPC - Question 13
Following a precept under Section 46 of the CPC, it is essential to lodge an application under Section 39 of the Code. This application is pivotal as it seeks the transfer of the decree to the responsible Court for execution. Without this step, the decree cannot proceed to execution. It ensures the smooth transition of the decree for further legal actions.
Test: Precept in CPC - Question 14
What action must be taken once the decree is transferred to the relevant Court for execution?
Detailed Solution for Test: Precept in CPC - Question 14
After the decree is transferred to the relevant Court for execution, the next necessary step is to lodge an application for execution. This application marks the beginning of the execution process and is crucial for moving forward with enforcing the decree. It is a formal legal procedure that initiates the execution proceedings to ensure the decree's implementation.
Test: Precept in CPC - Question 15
Why is it important to understand that a precept in CPC does not automatically lead to execution proceedings?
Detailed Solution for Test: Precept in CPC - Question 15
It is vital to grasp that a precept in CPC does not directly trigger execution proceedings to emphasize the significance of filing a separate execution application in the correct format. Understanding this distinction is crucial as it underscores the procedural requirement for a distinct application specifically tailored for execution purposes. This ensures that the execution process commences appropriately and in accordance with legal guidelines.
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