What is the term used for a court’s power to transfer a case from one court to another under the Code of Civil Procedure?
- Res Judicata
- Reference
- Review
- Transfer of suits
The Correct Option is D
Solution and Explanation
The term used for a court’s power to transfer a case from one court to another under the Code of Civil Procedure is ”transfer of suits.” This power is exercised in certain circumstances, such as when the court is not the proper forum to hear the case or when there are concerns about bias or impartiality.
Top Questions on Code of Civil Procedure
As per Section 11 of the Code of Civil Procedure, 1908 for \(\textit{Res Judicata}\) to be applicable on a subsequent suit, the former suit must satisfy the following conditions:
I. has been finally decided.
II. can only be instituted prior to the subsequent suit.
III. relates to the same matter directly and substantially in issue in the subsequent suit.
IV. is between the same parties, or between parties under whom they or any of them claim.
Select the correct answer.- AIBE - 2025
- Legal Studies
- Code of Civil Procedure
As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served.
II. defendant was prevented by sufficient cause from appearing when suit was called on.
III. there was irregularity in summons though defendant had notice of hearing date.
IV. without notice being served on the opposite party.
Select the correct answer.- AIBE - 2025
- Legal Studies
- Code of Civil Procedure
- Where the decree is for payment of money, execution by detention in prison shall not be ordered unless the Court is satisfied that:
I. the judgment-debtor is likely to abscond or leave jurisdiction.
II. the judgment-debtor has dishonestly transferred property before the suit.
III. the decree is for a sum for which the judgment-debtor was in a fiduciary capacity to account.
IV. the judgment-debtor has or had the means to pay substantial amount but neglected to pay.
Select the correct answer.- AIBE - 2025
- Legal Studies
- Code of Civil Procedure
- According to Section 35A of the Code of Civil Procedure, 1908, what is the maximum amount a Court can award as compensatory costs in ordinary cases?
- AIBE - 2025
- Legal Studies
- Code of Civil Procedure
- Which of the following situations falls within Section 58(1)(b) of the Code of Civil Procedure, 1908?
- AIBE - 2025
- Legal Studies
- Code of Civil Procedure
Questions Asked in AIBE exam
- The grounds for decree for dissolution of marriage under Section 2 of the Dissolution of Muslim Marriages Act, 1939 are:
I. whereabouts of the husband have not been known for two years.
II. husband has been sentenced to imprisonment for a period of five years.
III. husband has failed to perform marital obligations for two years without reasonable cause.
IV. husband has neglected or failed to maintain his wife for one year.
Select the correct answer.- AIBE - 2025
- Family Laws
- A Statement is followed by two Conclusions, I and II.
Statement: According to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, the Government credits ₹15,000 to the Rehabilitation Fund for each child or adolescent for whom fine has been recovered from the employer. This amount may be deposited or invested, and the interest is also payable to the child or adolescent.
Conclusions:
I. The child or adolescent is entitled not only to the credited amount but also to the interest accrued on it.
II. The Government is not required to deposit any money other than what is collected as fines from the employer.
Which one is correct?- AIBE - 2025
- Labour & Industrial Law
- Consider the following statements about Article 32 of the Constitution and select the correct answer:
I. The Article is silent about the locus standi regarding who may approach the Court.
II. The Article is silent about the opposite party against whom relief may be granted.
III. The Article creates scope for even a sixth type of writ.- AIBE - 2025
- Constitutional Laws
- If a bailiff executes an eviction based on a civil court order later declared void for lack of jurisdiction, what protection does Section 78 of the Indian Penal Code provide?
- AIBE - 2025
- Indian Penal Code (IPC)
- Under Section 290(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, within how many days from the date of framing of charge can an accused file an application for plea bargaining?
- AIBE - 2025
- Bharatiya Nagarik Suraksha Sanhita (BNSS)