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Friday, 23 December 2016

Provisions to institute civil suit MCQ tutorial,jurisdiction and interpretation


How to institute Civil Suits

In order to institute civil suits concern law under Code of Civil Procedure,1908 described from section 15-20.These as followings:
1.Section 15:Every civil suits shall have to institute within the pecuniary and territorial jurisdiction which is meant for the lowest jurisdiction under this code.
Example: "A" intends to sue against "B" for suit for declaration and recovery of immovable property. The subject matters is situated under the jurisdiction of Rama Police station ,Dhaka and the suit value is Tk, 200000/ ( Two lac ) only. So as per provision of section 15 under this code "A" shall have institute his suit against "B" before the concern  Asst. Judge of Ramna Police station, Dhaka because pecuniary jurisdiction is binding upon as per section 6 of this code where same same territorial jurisdiction is binding  upon as per section 16 of this code.
How civil suits be instituted?
(a) The lowest jurisdiction of the Civil Court.
(b) The lowest jurisdiction based on pecuniary and territory
(c) The lowest jurisdiction based on pecuniary
(d) All
Where is the provision of institution of Civil Suits ?
(a) Section 15-20 of the code
(b) Section 16-18 of the code
(c) Section 15-18 of the code
(d) section  16-20 of the code
2. Section 16: Where subject matters is situated, suits to be instituted there.
This section includes these following matters of suits:-
(A)  All the subject matters of mesne profit and rent. Controll suit of immovable property.
(B) Partition suits for immovable property.
(C) Suit for redemption of  immovable property.
(D)  Suits for compensation.
(E) Suit for compensation  of mischief or others
(F)  Suits for compensation of movable property if is attached  property.
Example: "B" intends to sue against "C" for suit for declaration and recovery of immovable property. The subject matters is situated under the jurisdiction of Rama Police station ,Dhaka,So as per provision of section 16 under this code "B" shall have institute his suit against "C" before the concern  Senior Asst. Judge of Ramna Police station, Dhaka ( if the value of subject matters bellow than 400000/)because pecuniary jurisdiction is binding upon as per section 6 of this code where same same territorial jurisdiction is binding  upon as per section 16 of this code. Finally this section is called for territorial jurisdiction or local jurisdiction,

3. Section 17:Suits shall have to institute within any of the jurisdiction if the subject next matters are situated one  or two jurisdiction.
4. Section 18: Suits shall have to institute if the subject matters are situated in various jurisdiction with uncertainty of specific jurisdiction.
5.Section 19: Compensation of immovable suits shall have to be instituted where the defendants is residing or doing business or doing some profitable works or the movable property is involved to sue a suit.
6. Section 20:Except section 15-19 all others suits shall have to institute where the cause of action is being raised or the defame rants one or more than one residing  lately.


Nature of civil suits MCQ tutorial information,interpretation and explanation

Section 9: The civil courts shall have jurisdiction to try all types of civil suit unless barred expressly or implied lay.
Explanation : Civil nature suit means the suit in which the right to property or an office is contested in a suit notwithstanding that such right may depend entirely on the decision of questions as to religious rights and ceremonies.

MCQ Format:

Where civil nature suit is described under Code of Civil Procedure?

(a) Section 9 under CPC
(b) Section 6 under CPC
(c) Section 10 under CPC
(d) None

What does it means by civil nature?

(a) Right to property,
(b) Right to contesting as an office
(c ) Both a and b
(d) All

What is the general jurisdiction of civil courts?

(a) Section 6
(b) Section 9
(c) Section 10
(d) None

How Mach explanation of section 9 under Code of Civil Procedure?

(a) One
(b) Two
(c) Three
(d) None

Where subject matters jurisdiction is provisioned ?

(a) Section 6
(b) section 9
(c) Section 3
(d) Section 10

Which are suits for Civil nature?

(a) Suits for declaration under section 42 of Specific Relief Act,1877
(b) A case is lodged by FIR under section 307/395/34 of penal Code
(c) Suites for Permanent Injuction under section 54 of Specific Relief Act,1877
(d) Both a and c

What is subject matters ?

(a) Nature of suits either civil or criminal
(b) Nature of case either civil or Criminal
(c) Both a and b
(d) None

Which one is civil nature types of suits?

(a) All types of title suits
(b) All types of right to property suits
(c) All types of right to an office suits
(d) All

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