IBPS Specialist Officers Selection Exam

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Panchayats

The institution of the village Panchayat has a long history in India. In Vedic India, an autonomous village community was a special feature of the social fabric of society. There was minimal interference by rulers in the functioning of Panchayats. A Panchayat was constituted  of elected members and its head was appointed by election from among them. A woman could be elected as member according to the procedure established for such elections.

     The powers exercised by Panchayats were both executive and judicial. They included:

i. the distribution of land among people of the village;

ii. the collection of taxes from the produce of land;

iii. inquiry into offences and punishment of offenders.

        Where matters pertaining to any village were concerned, the rulers had to take the opinion of the village Panchayat as far as possible.

    The duties and powers of Panchayats were prescribed in the Smritis and in treatises such as Chanakya's Arthasastra and Shukracharya' s Nitisastra. The institution of the Panchayat continued to enjoy autonomy until it was destroyed during the time of the Turkish and Afghan invasions.

    By the time British rule came to be established in India, Panchayats had more or less lost their importance and identity. The first attempt by the British to establish local self-government was in 1869 when a District Local Fund Committee was established by the government of Bombay. This was a nominated body.

    In 1882, Lord Ripon established local self-government in India with the setting up of district local boards. The District boards and District Councils were established in Marathwada and Vidarbha. The Local Self Government Act was enacted in 1889, under which the rural local administration was determined by a group of circles, each consisting of a certain number of villages.

    The next important piece of legislation was the Bombay Village Panchayat Act 1920. Under this Act, the Panchayat was constituted into an elected body. Members were elected by adult male villagers and the Panchayat was entrusted with local functions, mainly of civil nature. Panchayats were empowered to collect compulsory house taxes. The Bombay Village Panchayat Act 1920 empowered village Panchayats to take up various activities, including some socio-economic functions, and gave them the power to levy taxes and duties in order to increase their income.

  Although Panchayats were revived by Lord Ripon in 1882, they did not, in any real sense, represent the will of the people and a Panchayat could hardly be said to be the equivalent of local self government.

After independence, the process of decentralisation continued to be in operation. In Bihar, the Panchayat Act was enacted in 1948 and in Rajasthan, the Panchayat Act was  introduced in the year 1953. After the reorganisation of the states in 1956, laws to introduce the Panchayat system in different stated were gradually enacted. This process was almost complete in Andhra Pradesh, Assam, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and Bombay. The Bombay Village Panchayats Act was enacted in 1958. Under the Act, a district village Panchayat Mandal was constituted in every district for the supervision and control of village Panchayats. These Mandals were, however, abolished in 1962.

   Apart from these enactments in various states, a direction is contained in the Constitution of India in Article 40 which says that " The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government."

     Village Panchayats set up under these new enactments were substantially different from those that had existed in the British period.

    Under the new enactments, a Gram Sabha of adult residents in the village was constituted, and it was made obligatory on the Panchayats to hold meetings of the Gram Sabha within two months from the commencement of every financial year and to prepare an annual statement of accounts to be placed before such a meeting.

 The administrative report, the proposed development programme, adult report, compliance of audit objections and other such matters were also required to be placed before this meeting. In some states, the work of collection of land revenue was entrusted to Panchayats, as was the work of maintaining village records. Group Nyaya Panchayats were established, but later they were abolished.

    The obligatory duties of the Panchayats were mainly of a civil nature,that is, making provisions for sanitation, street lights and drinking water. The discretionary functions covered the fields of agriculture, cooperation, animal husbandry, forests, social welfare, education, medical and public health, buildings and communication, irrigation, cottage industry, self-defence and other such administrative and development works.

    A village fund has been constituted and established under the Village Panchayat Act. It consists of the proceeds of a tax on professions, trees, callings and employment assigned to the Panchayats, sale-proceeds of all dust, dung, refuge, etc., sums contributed by the state government and Zila Parishad, loans from state or district village development funds, gifts and contributions, income and proceeds from the property of the Panchayat, proceeds from the collection of cess, rent, penalty, pound fees and commissions received from the rural insurance scheme.

   Village Panchayats are controlled and supervised by Zilla Parishads, Panchayat Samitis and their officers. The state government also has direct control over the Panchayats through the Collector of the district. District Village Panchayat officers work under Zilla Parishads to supervise and control the village Panchayats, and are appointed by the state governments.

    There is however, no proper machinery for the public to air their grievances and to control malpractices in Zila Parishads. Vested interests in the government have always been found to be sheltering  corrupt elements in the system and they are now well entrenched. Government control over these institutions has seldom proved to be effective and the poor masses at the grassroots level are yet to benefit from the existing system of Panchayat Raj.

    In view of these shortcomings, Part IX, consisting of Article 243 to 243-O was inserted by the Constitution (73rd Amendment) Act, 1992. This pertains to Panchayats and inter-alia provides that:

i. In every village, there shall be a Panchayat which will be a constitutional body. Elections to the Panchayat will be held by the state Election Commission.

ii. Reservation of seats for the weaker sections and women has been made mandatory.

iii. The term of Panchayats is fixed at five years. If any Panchayat is dissolved before the expiry of this period, elections must be held within six months.

iv. The State governments may enact a law-making provision for vesting Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibility upon the Panchayats with respect to the preparation and plans for economic development and social justices as may be entrusted to them including those in matters listed in the Eleventh Schedule.

v. The State governments, by law, may authorise Panchayats to levy, collect and appropriate taxes, duties, tolls and fees. They may provide for grants and constitute funds for Panchayats.

vi. The legislature of a state may, by law, make provisions with respect to the maintenance of accounts by Panchayats and the auditing of such accounts.

vii. The amendment has added the Eleventh Schedule to the Constitution in which twenty-nine subjects for the economic and social development of villages are provided.

viii. A new body called the State Finance Commission, appointed by the Governor, has been created. Its responsibility is to review the financial position of Panchayats and to make recommendations to the Governor about the distribution of the net proceeds of taxes between the states and Panchayats as also about the grants-in-aid to Panchayats from the Consolidated Fund of the state and also about the measures needed to improve the financial position of Panchayats.

ix. The provisions of the amendment will not apply, at present, to the scheduled areas and certain tribal areas such as the states of Nagaland, Meghalaya, Mizoram, hill areas in the state of Manipur for which a district council exists, and hill areas of the district of Darjeeling in the state of West Bengal for which Darjeeling Gorkha Hill Council exists. However, provision has been made to include these areas under the provisions of the Act, if and when these states so desire.  

   

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Lok Adalats

Procedures for seeking legal redress through judicial courts are both
long and enormously complicated, and also involve considerable
expense. It is because of this that several different and newer ways
of setting disputes both quickly and inexpensively have come up. One
such method is the Lok Adalat.

Lok Adalats were initially started and encouraged by a few judges of
the Supreme Court of India, as a way of promoting the voluntary
settlement of disputes inexpensively and expeditiously. The Lok
Adalats have since received statutory status under an enactment of the
Parliament called the Legal Services Authorities Act 1987. This
composite Act covers legal aid, Lok Adalats and legal assistance
services. The twin institutions are intended to secure the operation
of the legal system in order to promote social justice, particularly
for the weaker sections of society who, because of economic and other
disabilities, cannot afford the costs or delays in normal court
procedures.

If an ordinary person is forced to fight for justice against a
corporation, insurance company, a big company, or a government
undertaking, the fight is always an unequal one. In most cases, an
individual cannot afford proper legal services whereas corporations
can retain the services of some of the best legal practitioners.
Sometimes other court expenses are so heavy that they constrain an
individual litigant. Moreover, technical procedures become more
complex, adjournments increase and costs continue to rise. It was
against the backdrop that the Act providing for the formation of Lok
Adalats was passed. The Act provides that state or district
authorities will organise Lok Adalats from time to time at convenient
places and the Adalats will exercise such jurisdiction in that area as
the state or district authorities confer upon them. It further says
that Lok Adalats will consists of judicial officers of the area and
such other members who possess certain qualifications and experience
as may be prescribed by the state.

The jurisdiction of Lok Adalats is very wide. They can determine
and arrive at compromises or settlements between the parties to a
dispute in respect of any matter falling within the jurisdiction of
civil,criminal or revenue courts or tribunals. A case can go before
the Lok Adalat if the party concerned make a joint application to the
court or the Tribunal indicating their intention to compromise or to
arrive at a settlement. In that case, the Presiding officer or
Tribunal, instead of proceeding with the case, orders that the
proceedings be transferred to the Lok Adalat for arriving at a
compromise/settlement.

The Act itself provides that the Lok Adalat will determine the
proceedings before it and will act with utmost expediency in arriving
at a compromise/settlement between the parties, and that the Lok
Adalats are to be guided by legal principles and principles of justice
, equity and fair play. If no compromise/settlement is arrived at
between the parties in the Lok Adalat, the matter is again transferred
to the court from which it was referred originally.

The award of the Lok Adalat can be enforced in law as it is deemed to
be a decree of a civil court or tribunal and such award is final and
binding upon all parties in dispute to avoid further costs, expenses
and delay. No appeal is provided from such an award to any court.

The Lok Adalat has been given the powers of civil court under the
Civil Procedure Code while trying disputes and the proceedings before
the Lok Adalat are deemed to be the proceedings of a court as
provided in Indian Penal Code.

The Supreme Court and High Courts have held Lok Adalats and continue
to do so from time to time where cases pending before them are
transferred by the consent of the parties. Large numbers of cases have
been decided by Lok Adalats. The awards given by the Lok Adalats are
made the decree of the respective courts. Such Lok Adalats are now
being held by various government departments such as the Electricity
Boards, the Telephone Department, etc.

If properly used, Lok Adalats can be a useful institution. Though
they cannot act as a substitute for the law courts, yet, if
thoughtfully constituted and run, they can become a welcome additional
arm for the existing judicial system. Like any other courts and
tribunals, such Adalats can also be abused by the parties/lawyers/
authorities/ politicians.

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Other Fora- Arbitration

Setting disputes by the disputant by referring them to persons in whom disputants have confidence is known arbitration. In an organised society, people cannot take law into their own hands particularly as a judicial machinery is provided by the state for getting matters settled by competent courts, where judges are appointed by the state and the litigants are meant to bring disputes before them. Arbitration is an extra-judicial forum and an alternative method of settlement of such disputes. It is a process in which parties agree in writing to abide by the judgement of particular persons in specific matters instead of going to the courts of justice.

   Arbitration has many advantages: it is inexpensive, cases can be speedily disposed of and there are no procedural technicalities. The word arbiter was originally used as a non-technical designation of a person to whom controversy was referred to for decisions irrespective of any law. It signified the referral of a dispute outside of or above the ordinary law. But in due course, the word came to mean a person selected for settlement of disputes. Though it is not judicial in the strictest sense, yet arbitration is regulated by law by implication and the arbitrators cannot act arbitrarily, capriciously or misconduct themselves.

   In ancient Indian there were several grades of arbitration, for example the Puga or a board of persons who belonged to different sects and tribes but lived in the same locality; the Sreni or assemblies of tradesmen and artisans belonging to different tribes but connected in some way with each other, the Kula or groups of persons bound by family ties. From early times, the decisions of panchayats were accepted as binding. According to Colebrooke (an English Scholar and commentator on ancient Hindu law), Panchayats were different systems of arbitration subordinate to the regular courts of law. The decision of a Kula or kin group was subject to revision by the Sreni which, in turn, could be revised by the Puga. From the decision of the Puga, appeal was maintainable to Pradvivaca and finally to the sovereign and the prince.

    The objects of arbitration are speed, economy, convenience, simplicity of procedure, secrecy and the encouragement  of healthy and friendly relations between the disputants. Arbitration is increasingly being used in national and commercial transactions, and arbitrators are like private judges between the concerned parties.

   For centuries, people engaged in commerce have preferred to use arbitration rather than the courts to resolve their business disputes. In a large number of cases the arbitrators are laymen without any legal training, but are known to be impartial and are usually knowledgeable about the intricacies and practices of the business in question.

 Arbitration is often described as 'approximate justice with finality' as against justice administered in the courts which has many rounds of appeal. It is advantageous in cases involving disputed questions  of facts, for example whether goods are up to the original samples or in the assessment of damages or whether compensation  is reasonable. But in complicated matters where intricate question of law are likely to arise, legal proceedings are the better course. Arbitration, like courts, can also work both ways. For example, sometimes it can turn out to be more expensive than litigation. This is not because there are any inherent defects in the machinery, but because the machinery is operated by human agency and no force can be used. At other times honest people fear arbitration more than they do law suits.

In India the process of appointment and proceedings of arbitration were governed by the Arbitration Act, 1940. The said Act was repealed by the Arbitration and Conciliation Act, 1996. The need to repeal the said Act and, to enact 1996 Act was felt because Law Commission of India, several representative bodies of trade and industry and, experts in the field of arbitration proposed amendments to the said Act to make the same more responsive to contemporary requirements. It was felt that economic reforms of the country may not become fully effective if the law dealing with the settlement of both domestic and international commercial disputes remains out of tune with such reforms. Consequently, the Arbitration and Conciliation Act, 1996 was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral award as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. The scheme of the Act is to provide a domestic forum for speedy and substantial justice-unhampered by legal technicalities.

      Almost all matters in dispute that are not of a criminal nature can be referred to arbitration. All matters of a civil nature, therefore, with a few exceptions, whether they relate to present or future disputes, may form the subject of reference, but not a dispute that has arisen from and is founded on an illegal transaction. However, where the law has given jurisdiction to determine a matter to specified tribunals only and determination of that matter by other tribunals is excluded, they cannot be referred to arbitration. Proceeding in insolvency including the question whether or not a certain person should be declared insolvent, or matters regarding  tenancy, the Rent Act, etc. cannot be referred to arbitration.

    The law provides that the agreement to refer to arbitration should be in writing. There cannot be an oral agreement or reference to arbitration. The parties can go in for sole arbitration or each party appointing an arbitrator.

   If there are even number of arbitrators, the appointed arbitrators have to appoint third arbitrator/umpire who would sit in the proceedings as presiding arbitrator. If the arbitrators fail to appoint Umpire within 30 days of the date of their appointment, the appointment is made upon the request of a party by the Chief Justice of the state  or any person or institution designated by him. In case of international commercial arbitration, Chief Justice of India or person or institution designated by him, upon the request of a party  is empowered to appoint a sole arbitrator or third arbitrator as the case may be. In appointing an arbitrator or an umpire the chief Justice or the person or institution designated by him gives due regard to qualifications required of the arbitrators by the agreement between the parties.

     The arbitrators must give reasonable opportunity to the parties to be heard either in person or, if the parties desire, through  their advocates. The principles of natural justice including Audi Alteram Partem and Nemo Judice in re Suo Moto must be observed. The parties can lead  evidence and file documents.

         The parties may provide that the arbitrators can dispense with the elaborate procedural law and can adopt a summary procedure in order to avoid delay and elaborate documentation, and to save expenses.

     The judgement, which is known as an award, is given in writing by the arbitrators. The said award is binding on the parties and the person claiming under them. The award can be challenged under section 34 of the Act on very limited grounds within a period of 3 months from the date of the award by moving an application to the court having jurisdiction to decide questions forming the subject matter of the arbitration. The award can be challenged only on the limited grounds viz:

(a) the party making the application furnishes proof that-

i. a party was under some incapacity; or

ii. the arbitration agreement is not valid under the law to which the parties have subjected it, or, failing any indication thereon, under the law for the time being in force; or

iii. the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

iv. the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration.

      Provided that, if  the decisions on matters submits to arbitration can be separated from those not so submitted only that part of the arbitral award which contains decision on matter not submitted to arbitration may be set aside ; or

v. the compensation of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the partied, unless such agreement was in conflict with this provision of this part from which the party cannot derogate, or failing such agreement, was not in accordance with this part; or

 (b) the court finds that-

i. the subject matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or

ii. the arbitral award in conflict with the public policy of India.

   An award can be enforced as decree of civil court after the time for making an application to set aside the award under Section 34 expires or an application having been made is refused.

   The party aggrieved by an order  of the court of setting aside or refusing to set aside an arbitral award can file an appeal against the said order to the court to which appeal lies from original decrees of the court passing the order under Section 34 of the Act. There is no second appeal provided under the Act. However, jurisdiction to move Supreme Court under Article 136 of the Constitution of India remains unaffected, and, an aggrieved party from the decision of the appellate court may move Supreme Court under Article 136 of the Constitution of India.

  The arbitrators' fees and other expenses are paid by the parties. However, in the award the arbitrators can also give directions about payment of costs by a party or parties.

 

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Workmen’s Compensation Act

The rapid growth of the industry in India has also meant the
introduction of new and sophisticated machinery. Given that many of
the people who work these machines are often poor and illiterate,
there can be the danger of accidents. It was the realisation that
workmen should be protected to the extent possible from hardship
arising from accidents, and that compensation should be made available
as early as possible without the claimants having to take recourse to
ordinary civil courts and their untenable delays and expenses, that
led to the Workmen's Compensation Act 1923. A legislation was thought
necessary to reduce the number of accidents, to mitigate the effect of
accidents by provision of suitable medical treatment and to provide
for cheaper and quicker disposal of claims relating to compensation
through specialised Tribunals than was possible under the civil
courts.

The Workmens' Compensation Act 1923 thus provides a machinery for
quick disposal of disputes relating to compensation. Question relating
to the liability of any person to pay compensation (including whether
a person injured is or is not a workman) or to the amount or duration
of compensation (including the nature and extent of disablement) are
settled by a commission, the Commissioner being appointed under the
Act. The power of civil courts to settle or deal with cases which are
to be settled by the Commissioner is thus taken away. Commissioners
are appointed by notifications in the Official Gazette by the state
Government for a particular area or areas. More than one commissioner
can be appointed in one area; in such cases the Commissioners'
business is regulated by the notification between them. The Act also
provides that a Commissioner may, in order to decide any matter
referred to him under the Act, choose one or more persons possessing
special knowledge of any matter relevant to the dispute under the
enquiry to assist him in holding the inquiry. The parties can settle
the claim among themselves and get it recorded. Applications for
claims or for recording settlement of claims or for any matter under
this Act before the Commissioner are required to be made in the form
prescribed under the Rules.

The Commissioner is required to make a brief memorandum of the
substance of the evidence of every witness, to determine the total
amount payable, and give an award. He then requires the particular
employer to deposit the prescribed amount. The Commissioner is also
entitled to make an interim order as he thinks fit. An appeal lies to
the High Court from the following orders of a Commissioner:

(i) an order awarding as compensation a lump sum whether by way of
redemption of a half monthly payment or otherwise disallowing a claim
in full or in part for a lump sum;

(ii) an order awarding interest or penalty;

(iii) an order refusing to allow redemption of a half monthly payment;

(iv) an order providing for the distribution of compensation among the
dependents of a Deceased workman, or disallowing any claim of a person
alleging himself to be such a dependent;

(v) an order allowing or disallowing any claim for the amount of an
indemnity under the provisions of subsection (2) of Section 12; or

(vi) an order refusing to register a memorandum of agreement or
registering it or providing for its registration subject to
conditions.

From the order of the High Court a further appeal can be filed to the
Supreme Court by way of Special Leave to appeal under Article 136 of
the Constitution of India.

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Law Exams Quiz

Q.1.Where an indigent plaintiff succeeds the Court fee shall be recovered---
[A] From the plaintiff
[B]Not recoverable
[C] From the State Government
[D] From the defendant

Ans:- [A] From the plaintiff

Q.2. An attachment made before judgment in a suit which is dismissed for default—
[A] Shall become revived on the order of High Court
[B] Shall become revived on the order of Appellate Court
[C] Shall become revived merely on the basis of restoration of suit
[D]Shall not become revived merely by reason of the fact the order for dismissal of the suit for default has been set aside

Ans:- [D]Shall not become revived merely by reason of the fact the order for dismissal of the suit for default has been set aside.

Q.3. If the offence be punishable with fine only and accused has been awarded with fifty rupees fine the period of imprisonment in default shall—
[A] Not exceeding one month
[B] Not exceeding two month
[C] Not exceeding three month
[D] Not exceeding four month

Ans:- [B] Not exceeding two month

Q.4. ‘A’ instigates ’B’ to give false evidence here, if ‘B’ does not give false evidence what offence ‘A’ has committed.—
[A] Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence and with fine.
[B] Attempt to give false evidence
[C] A is guilty of no offence
[D]None of these

Ans:- [A] Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence and with fine.

Q.5. What punishment is provided for Dowry death---
[A] Not less than three years
[B] Not less than six years
[C] Not less than seven years and in rare circumstances may extent to death sentence
[D]Not less than seven years but which may extend to imprisonment for life

Ans:- [D]Not less than seven years but which may extend to imprisonment for life

Q.6. Which is not the ‘stolen property’---
[A] Possession whereof was obtained by cheating
[B] Possession whereof was obtained by robbery
[C] Possession whereof was obtained by dacoity
[D] Possession whereof was obtained by criminal breach of trust

Ans:- [A] Possession whereof was obtained by cheating

Q.7. A Police officer arrested and detained a person in the lockup despite production of a bail order from the Court Police officer is guilty of ---
[A] Kidnapping
[B] Abduction
[C] Wrongful confinement
[D] Wrongful restrain

Ans:- [C] Wrongful confinement

Q.8. What must be the age of a minor with regard to the offence of Kidnapping—
[A] Under twenty years of age, if a male and under eighteen years of age, if a female
[B] Under sixteen years of age, if a male and under eighteen years of age, if a female
[C] Sixteen years
[D] Eighteen years

Ans:- [B] Under sixteen years of age, if a male and under eighteen years of age, if a female

Q.9. ‘A’ threatens to publish a defamatory libel concerning ‘B’ unless ‘B’ gives him money. He thus induces ‘B’ to give him money. ‘A’ has committed
[A] Defamation
[B] Extortion
[C] Criminal intimidation
[D] Robbery

Ans:- [B] Extortion

Q.10. What is the offence preparation whereof is also punishable---
[A] Robbery
[B] Murder
[C] Dacoity
[D]Theft

Ans:- [C] Dacoity

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Judicial Services Quiz

Q.1. ‘A’ entrusts ‘B’ with negotiable instruments endorsed in blank ‘B’ sells them to ‘C’ in violation of private orders from ‘A’ the sale is---
[A]Voidable at the option of C
[B] Voidable at the option of B
[C] Valid
[D] Void

Ans:- [D] Void

Q.2. If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed to the counter claim ---
[A] Shall be stayed
[B] Nevertheless be proceeded with
[C] May be continued with the leave of High Court
[D]No specific provision

Ans:- [B] Nevertheless be proceeded with

Q.3. Who among the following is not entitled to exemption from personal appearance in the Court?
[A] Chairman of the state legislative councils
[B] Former Indian Ruler
[C] The ministers of States
[D] Collector

Ans:- [D] Collector

Q.4. Caveat shall not remain in force after expiry of--
[A] Sixty days
[B] Ninety days
[C] Thirty days
[D] Twenty days

Ans:- [B] Ninety days

Q.5. Where the plaint has been rejected the plaintiff on the same cause of action—
[A] May present a fresh suit with the leave of High Court
[B] Cannot present a fresh suit
[C] May present a fresh suit
[D]None of these

Ans:- [C] May present a fresh suit

Q.6. Where the suit is dismissed under rule (2) or (3) of order 9 of C.P.C. the plaintiff----
[A] May bring a fresh suit with the leave of District Judge
[B] May bring a fresh suit with the leave of High Court
[C] Cannot bring a fresh suit
[D] May ring a fresh suit subject to law of limitation

Ans:- [D] May ring a fresh suit subject to law of limitation

Q.7. In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite Court’s order---

[A] Where the Medical officer has certified the prisoner is unfit to be removed by the reason of sickness
[B] Where the prisoner is Government Servant
[C] Where the prisoner is Ex-Minister
[D] Where the prisoner is related to Ruling Party

Ans:- [A] Where the Medical officer has certified the prisoner is unfit to be removed by the reason of sickness

Q.8. Where any property has been attached in execution of decree and the Court, for any reason asses an order dismissing the execution application but omits to give any direction as to attachment
[A] Shall cease after one year
[B] Shall cease after six months
[C] Shall cease after three months
[D]Shall be deemed to have ceased

Ans:- [D]Shall be deemed to have ceased

Q.9. Where any party dies after conclusion and before pronouncing of judgment —
[A] The suit shall abet
[B] The suit shall not abet
[C] The suit shall not abet if cause of action survives
[D] It will be deemed that Judgment has been pronounced after death of a party

Ans:- [B] The suit shall not abet

Q.10.Where a decree of compromise which was not lawful, there—
[A] Suit may lie to set aside such decree with the leave of District Judge
[B] No suit shall lie to set aside such decree
[C] Complaint has to made to High court
[D] Suit shall lie to set aside such decree

Ans:- [B] The suit shall not abet

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