Civil Flashcards

(53 cards)

1
Q

What is the primary purpose of Order 39 in the Civil Procedure Code?

A

To provide for the temporary injunctions and interlocutory orders.

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2
Q

True or False: Order 39 applies only to civil cases.

A

True

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3
Q

Fill in the blank: Order 39 deals with __________ and __________.

A

injunctions, interlocutory orders

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4
Q

What are the two main types of injunctions under Order 39?

A

Temporary injunctions and perpetual injunctions.

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5
Q

What is a temporary injunction?

A

An order to restrain a party from doing a particular act until a certain time.

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6
Q

Which rule of Order 39 discusses the grant of a temporary injunction?

A

Rule 1

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7
Q

What must a plaintiff show to obtain a temporary injunction under Order 39?

A

A prima facie case, balance of convenience, and irreparable injury.

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8
Q

True or False: A temporary injunction can be granted without notice to the opposite party.

A

True

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9
Q

What does Rule 2 of Order 39 pertain to?

A

The procedure for making an application for a temporary injunction.

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10
Q

Complete the sentence: An interlocutory order is one that is made __________.

A

during the course of litigation.

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11
Q

True or False: Order 39 allows for the appointment of a receiver.

A

True

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12
Q

What is the significance of Rule 3 in Order 39?

A

It relates to the power to direct the defendant to refrain from certain acts.

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13
Q

What is one of the key considerations for a court in granting a temporary injunction?

A

The likelihood of success on the merits of the case.

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14
Q

Fill in the blank: An order under Rule 1 can be made at any time before the __________.

A

final disposal of the suit.

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15
Q

What is the effect of a temporary injunction once granted?

A

It restrains the defendant from acting in a manner that is harmful to the plaintiff’s rights.

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16
Q

True or False: A temporary injunction can be modified or set aside.

A

True

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17
Q

What does Rule 4 of Order 39 address?

A

The duration and conditions of the temporary injunction.

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18
Q

What happens if a party disobeys a temporary injunction?

A

They may face contempt of court proceedings.

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19
Q

True or False: An appeal can be made against an order of temporary injunction.

A

True

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20
Q

What is the purpose of Rule 5 in Order 39?

A

To provide for the consequences of disobedience of an injunction.

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21
Q

What is a perpetual injunction?

A

An order that permanently restrains a party from doing a specific act.

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22
Q

Complete the sentence: The court may order a temporary injunction to prevent __________.

A

irreparable harm.

23
Q

What is the role of the court in deciding on an interlocutory application?

A

To assess the merits of the case and the balance of convenience.

24
Q

True or False: The plaintiff must always provide a bond when applying for a temporary injunction.

25
What does the term 'balance of convenience' refer to?
The assessment of which party would suffer more harm from granting or denying the injunction.
26
Can a party file a new application for interrogatories if a previous similar application was dismissed?
Yes, provided there are changed circumstances or a new cause of action. ## Footnote This is in accordance with the provisions of the CPC.
27
What is the touchstone for deciding the merit of a petition seeking leave to deliver interrogatories?
Prejudice, even in the advanced stage of trial. ## Footnote This highlights the importance of potential harm to the parties involved.
28
What must interrogatories be confined to?
The facts relevant to the matters in question in the suit. ## Footnote Courts will not permit fishing expeditions or roving inquiries through interrogatories.
29
What is the court fee for a suit for declaration?
200 ## Footnote This fee applies to civil court cases.
30
What is the court fee for a suit for injunction?
100 ## Footnote This fee applies to civil court cases.
31
What is the court fee for partition suits?
250 ## Footnote This fee applies to civil court cases.
32
What is the court fee for suits not otherwise provided for?
50 ## Footnote This fee applies to civil court cases.
33
What is the court fee for a copy of a judgment of a civil court?
25 ## Footnote This fee applies to civil court cases.
34
What is the court fee for a copy of a document produced before court?
25 ## Footnote This fee applies to civil court cases.
35
What does I.A. stand for in court fees?
Interlocutory Application ## Footnote This term is commonly used in legal proceedings.
36
What is the court fee for an injunction petition?
50 ## Footnote This fee is applicable in civil court matters.
37
What is the court fee for an attachment petition?
125 ## Footnote This fee is applicable in civil court matters.
38
What is the court fee for an original petition before the Munsiff court?
250 ## Footnote This fee is applicable in civil court matters.
39
What does Vakkalath mean in the context of court fees?
Power of Attorney ## Footnote Vakkalath is a legal document authorizing a lawyer to act on behalf of a client.
40
What is the court fee for a caveat?
50 ## Footnote A caveat is a legal notice to a court or public officer.
41
What is the court fee for any application to a magistrate in criminal court?
100 ## Footnote This fee applies to criminal court applications.
42
What is the court fee for a bail application before a magistrate?
250 ## Footnote This fee applies to criminal court bail applications.
43
What is the court fee for an appeal under section 415 of the BNSS?
500 ## Footnote This fee applies to criminal court appeals.
44
What is the court fee for a copy of a judgment of a criminal court?
50 ## Footnote This fee applies to criminal court matters.
45
What is the court fee for a copy of a document produced before a criminal court?
100 ## Footnote This fee applies to criminal court matters.
46
What is the court fee for a complaint alleging a non-cognizable offence?
100 ## Footnote This fee applies to criminal court matters.
47
What is the court fee for cases under section 138 of the N.I Act up to 50,000?
E250 ## Footnote This fee applies to specific financial thresholds in legal cases.
48
What is the court fee for cases under section 138 of the N.I Act up to 2 Lakhs?
500 ## Footnote This fee applies to specific financial thresholds in legal cases.
49
What is the court fee for cases under section 138 of the N.I Act up to 5 Lakhs?
750 ## Footnote This fee applies to specific financial thresholds in legal cases.
50
What is the court fee for cases under section 138 of the N.I Act up to 10 Lakhs?
1000 ## Footnote This fee applies to specific financial thresholds in legal cases.
51
What is the court fee for cases under section 138 of the N.I Act up to 20 Lakhs?
2000 ## Footnote This fee applies to specific financial thresholds in legal cases.
52
What is the court fee for cases under section 138 of the N.I Act up to 50 Lakhs?
5000 ## Footnote This fee applies to specific financial thresholds in legal cases.
53
What is the court fee for amounts above 50 Lakhs?
10000 ## Footnote This fee applies to specific financial thresholds in legal cases.