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Test: Reference under CPC - Judiciary Exams MCQ


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20 Questions MCQ Test - Test: Reference under CPC

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

Detailed Solution for Test: Reference under CPC - Question 1
Legal references under the Civil Procedure Code (CPC) primarily serve the crucial function of allowing lower courts to seek guidance from higher courts, particularly the High Court, on intricate legal matters that arise during ongoing cases. This process helps ensure accurate interpretation of the law, minimizes errors in judgments, and promotes legal clarity.
Test: Reference under CPC - Question 2
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When does a reference under the CPC typically occur?

Detailed Solution for Test: Reference under CPC - Question 2
A reference under the CPC usually takes place when a lower court encounters uncertainties on a legal matter during civil suits, appeals, or execution proceedings. In such situations, the lower court seeks guidance from the High Court to obtain clarification and ensure proper adjudication.
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Test: Reference under CPC - Question 3
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How does the process of legal reference benefit the legal system?

Detailed Solution for Test: Reference under CPC - Question 3
The process of legal reference benefits the legal system by promoting fairness, informed decision-making, and legal consistency. When lower courts refer specific legal questions to higher authorities, it helps in ensuring fair judgments, resolving legal uncertainties, and maintaining legal consistency, which are essential for a just legal system.
Test: Reference under CPC - Question 4
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What conditions must be met for a reference to the High Court under Order 46 of the Civil Procedure Code (CPC)?
Detailed Solution for Test: Reference under CPC - Question 4
For a reference to the High Court under Order 46 of the Civil Procedure Code (CPC), the suit or appeal must be actively ongoing in the court when the reference is made. This ensures that the legal issue in question is actively being examined by the court, allowing for a timely and relevant reference for clarification.
Test: Reference under CPC - Question 5
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When does the district court in a reference under CPC have the authority to issue a contingent order?
Detailed Solution for Test: Reference under CPC - Question 5
In a reference under CPC, the district court holds the power to issue a contingent order during the reference process, before issuing a final order or decree. This allows the court to take necessary interim actions based on the doubts raised, pending the High Court's opinion and final decision on the matter.
Test: Reference under CPC - Question 6
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What is the significance of ensuring no pending appeal from the court's order or decree for a reference to the High Court under the Civil Procedure Code (CPC)?
Detailed Solution for Test: Reference under CPC - Question 6
Ensuring there is no pending appeal from the court's order or decree before making a reference to the High Court under the Civil Procedure Code (CPC) is crucial as it helps in preventing multiple conflicting judgments on the same matter. This ensures clarity and consistency in legal decisions, avoiding confusion and contradictory outcomes in the legal process.
Test: Reference under CPC - Question 7
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In what scenario does the resolution of a constitutional challenge to a specific provision of an Act become crucial?
Detailed Solution for Test: Reference under CPC - Question 7
The resolution of a constitutional challenge to a specific provision of an Act becomes crucial when the Act's constitutionality is in question. This means that in legal proceedings where the validity of a law is under scrutiny based on constitutional grounds, addressing this issue decisively is essential for the court to proceed with the case, ensuring adherence to legal principles and constitutional rights.
Test: Reference under CPC - Question 8
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What circumstances would lead to a lack of precedent necessitating a reference in the Civil Procedure Code (CPC)?
Detailed Solution for Test: Reference under CPC - Question 8
A lack of precedent necessitating a reference in the Civil Procedure Code (CPC) occurs when there is no prior judgment by the Supreme Court or the pertinent High Court on the legality of the Act in question. This situation highlights the significance of seeking legal clarity in scenarios where established legal interpretations or judgments are absent, ensuring a thorough and informed legal decision-making process.
Test: Reference under CPC - Question 9
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In which scenario can a reference under the Civil Procedure Code (CPC) be initiated?
Detailed Solution for Test: Reference under CPC - Question 9
A reference under the Civil Procedure Code (CPC) can be initiated when there is a genuine legal doubt arising in a pending suit, appeal, or execution proceeding before the court. This ensures that the reference is pertinent to the case at hand, allowing for proper adjudication.
Test: Reference under CPC - Question 10
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What was the key principle established in the legal case of Ramakant Bindal v. State of U.P.?
Detailed Solution for Test: Reference under CPC - Question 10
The legal case of Ramakant Bindal v. State of U.P. established the key principle that only the court in civil matters holds the authority to refer a case to the High Court, either through an application by one of the involved parties or initiated by the court itself.
Test: Reference under CPC - Question 11
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According to the case of Banarasi Yadav v. Krishna Chandra, what is required for a reference under the Civil Procedure Code (CPC) to be valid?
Detailed Solution for Test: Reference under CPC - Question 11
In the case of Banarasi Yadav v. Krishna Chandra, it was highlighted that for a reference under the Civil Procedure Code (CPC) to be valid, the legal question causing doubt must have actually surfaced in the ongoing case for resolution. This ensures that references are based on pertinent legal issues for proper adjudication.
Test: Reference under CPC - Question 12
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What jurisdiction does the High Court exercise when it is asked for a reference?
Detailed Solution for Test: Reference under CPC - Question 12
The High Court exercises consultative jurisdiction when it is asked for a reference. This means it isn't bound to just decide the specific legal question at hand. It can also explore new legal aspects that arise during the case to provide comprehensive guidance to the referring court.
Test: Reference under CPC - Question 13
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What power does the High Court hold regarding answering referred questions under the Civil Procedure Code (CPC)?
Detailed Solution for Test: Reference under CPC - Question 13
Under the Civil Procedure Code (CPC), the High Court has the discretion to answer the referred question or not. While it can provide an answer and send the case back for further action, it also reserves the right to decline answering the question or dismiss it if necessary, ensuring a balanced exercise of its judicial discretion.
Test: Reference under CPC - Question 14
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What power does the High Court hold regarding answering referred questions under the Civil Procedure Code?
Detailed Solution for Test: Reference under CPC - Question 14
According to the Civil Procedure Code, the High Court possesses the discretion to either answer the referred question and return the case to the referring court for further action, or decline to provide an answer altogether. This discretionary power allows the High Court to carefully consider the relevance and implications of the referred question before deciding on an appropriate course of action.
Test: Reference under CPC - Question 15
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What action can the referring court take according to Rule 2 of Order 46 in the case of decision transmission to the High Court?
Detailed Solution for Test: Reference under CPC - Question 15
According to Rule 2 of Order 46, the referring court can take actions such as staying the proceedings or issuing a decree contingent upon the High Court's decision. This ensures that any final decree or order cannot be executed until the High Court's judgment is received. This step is crucial in maintaining the integrity of the legal process and ensuring that decisions are made based on comprehensive review and consideration.
Test: Reference under CPC - Question 16
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What does Rule 3 dictate regarding the High Court's decision transmission process?
Detailed Solution for Test: Reference under CPC - Question 16
Rule 3 stipulates that after hearing the parties, the High Court must decide the referred point and subsequently send its judgment to the referring court, which will then dispose of the case accordingly. This process ensures that the final decision is based on the High Court's judgment.
Test: Reference under CPC - Question 17
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According to Rule 4 under the Civil Procedure Code (CPC), what authority does the High Court possess regarding decrees or orders from the referring court?
Detailed Solution for Test: Reference under CPC - Question 17
Rule 4 of the Civil Procedure Code (CPC) grants the High Court the authority to alter, cancel, or set aside any decree or order from the referring court. Additionally, the High Court holds the power to issue any order it deems appropriate in the given circumstances, ensuring a fair and just legal process.
Test: Reference under CPC - Question 18
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In the case of L.S. Sherlekar v. D.S. Agarwal (AIR 1968 Bom 439), what was the legal precedent established regarding the costs of reference under CPC?
Detailed Solution for Test: Reference under CPC - Question 18
The legal precedent set in the case of L.S. Sherlekar v. D.S. Agarwal established that in situations where the reference is deemed entirely unwarranted, the High Court retains the discretion to direct the referring judge to personally bear the costs. This provision ensures accountability and discourages unnecessary references, promoting judicial efficiency.
Test: Reference under CPC - Question 19
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What is the purpose of a reference under the Civil Procedure Code (CPC) when a lower court seeks the High Court's opinion during a legal proceeding?
Detailed Solution for Test: Reference under CPC - Question 19
A reference under the Civil Procedure Code (CPC) occurs when a lower court seeks the High Court's opinion on a legal matter during a pending suit, appeal, or execution proceeding. The purpose is to forward the legal question to the High Court for clarification, ensuring a better understanding of the legal complexities involved in the case.
Test: Reference under CPC - Question 20
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What action does the High Court take after receiving inputs from the involved parties in a CPC reference?
Detailed Solution for Test: Reference under CPC - Question 20
Following inputs from the involved parties in a reference under the Civil Procedure Code (CPC), the High Court furnishes an opinion. This opinion plays a crucial role in providing clarity on the legal matter under consideration, either affirming a decree if it favors the party or dismissing the suit if it doesn't, thereby guiding the referring court towards the final resolution of the case.
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