1. Which section of the CPC deals with the power of the Court to issue commissions?
A) Section 74
B) Section 75
C) Section 79
D) Section 80
Answer: B
2. A commission can be issued for which of the following purposes?
A) To examine any person
B) To make a local investigation
C) To examine accounts
D) All of the above
Answer: D
3. Under Section 75, a commission may be issued to:
A) Make a partition
B) Hold a scientific investigation
C) Conduct a sale of property
D) All of the above
Answer: D
4. A commission to examine any person can be issued if the person:
A) Resides within the court’s jurisdiction
B) Is about to leave the jurisdiction
C) Is a government servant
D) Both A & B
Answer: D
5. Which order of the CPC contains detailed rules regarding Commissions?
A) Order 21
B) Order 26
C) Order 32
D) Order 39
Answer: B
6. A commission for local investigation is usually issued to:
A) Collect evidence
B) Elucidate any matter in dispute
C) Arrest a person
D) Both A & B
Answer: B
7. Section 76 deals with commissions issued to:
A) Another Court
B) A Foreign Court
C) The Collector
D) The High Court
Answer: A
8. A commission issued by a Court in one state to a Court in another state is sent to:
A) The High Court
B) Any Court of that state
C) A Court having jurisdiction in the place
D) The District Judge
Answer: C
9. “Letter of Request” is used for the examination of witnesses residing:
A) In another district
B) In another state
C) Outside India
D) In a prison
Answer: C
10. Which section deals with “Letter of Request”?
A) Section 75
B) Section 76
C) Section 77
D) Section 78
Answer: C
11. Commissions issued by Foreign Courts are dealt with under:
A) Section 77
B) Section 78
C) Section 79
D) Section 80
Answer: B
12. The expenses of the commission are generally borne by:
A) The State
B) The Court
C) The party at whose instance it is issued
D) The Witness
Answer: C
13. The report of the Commissioner is considered:
A) Conclusive proof
B) Evidence in the suit
C) Hearsay
D) Irrelevant
Answer: B
14. Can a commission be issued to perform ministerial acts?
A) Yes, under Sec 75
B) No, never
C) Only by High Court
D) Only in criminal cases
Answer: A
15. Which authority can issue a commission to examine a witness who is exempted from attending court?
A) Civil Court
B) Police Officer
C) Advocate
D) None
Answer: A
16. Under Sec 75(e), a commission can be issued to hold a:
A) Criminal trial
B) Scientific investigation
C) Press conference
D) General meeting
Answer: B
17. A commission to make a partition is usually issued to:
A) A Lawyer
B) A Commissioner
C) A Police Officer
D) The Registrar
Answer: B
18. Section 78 allows the execution of commissions issued by:
A) Courts in India
B) Courts established by Central Govt outside India
C) Foreign Courts
D) Both B & C
Answer: D
19. When a person is to be examined on commission, they are:
A) Not required to take an oath
B) Examined on oath
C) Only asked for documents
D) Arrested
Answer: B
20. The power to issue a commission is:
A) Mandatory
B) Discretionary
C) Only for the Supreme Court
D) Prohibited
Answer: B
21. A commission for scientific investigation is issued when:
A) The question involves technical skill
B) A witness is sick
C) Property is to be sold
D) Partition is needed
Answer: A
22. Can a Commissioner be examined as a witness?
A) No
B) Yes, with the court’s permission
C) Only by the defendant
D) Only by the plaintiff
Answer: B
23. The Commissioner has the power to:
A) Record evidence
B) Enter any land or building
C) Call for documents
D) All of the above
Answer: D
24. In case of a commission for accounts, the Commissioner:
A) Decides the case
B) Only prepares a report
C) Issues a decree
D) Arrests the accountant
Answer: B
25. A commission issued to a person residing in a different state is governed by:
A) Section 75
B) Section 76
C) Section 74
D) Section 70
Answer: B
26. If a person refuses to appear before a Commissioner, the Commissioner:
A) Can jail the person
B) Can fine the person
C) Must report to the Court
D) Does nothing
Answer: C
27. Local investigation is covered under which rule of Order 26?
A) Rule 1
B) Rule 9
C) Rule 11
D) Rule 13
Answer: B
28. Commission to examine accounts is covered under:
A) Section 75(c)
B) Section 75(a)
C) Section 76
D) Section 77
Answer: A
29. Commission for partition is covered under:
A) Section 75(d)
B) Section 78
C) Section 74
D) Section 79
Answer: A
30. A “Letter of Request” is addressed to:
A) The witness directly
B) A Foreign Court
C) The President of India
D) The High Court Judge
Answer: B
31. Can a commission be issued for the sale of perishable property?
A) No
B) Yes, under Sec 75(f)
C) Only by the Collector
D) Only in execution
Answer: B
32. Is a commission’s report binding on the Judge?
A) Yes
B) No, the Judge can disagree
C) Only in partition suits
D) Only in accounts
Answer: B
33. The purpose of Section 75 is to:
A) Save the time of the Court
B) Obtain technical help
C) Assist in the administration of justice
D) All of the above
Answer: D
34. Which section allows the Central Govt to declare territories for Section 78?
A) Section 78
B) Section 77
C) Section 80
D) Section 82
Answer: A
35. If a Commissioner is biased, the remedy is:
A) To appeal the report
B) To ask for a fresh commission
C) To dismiss the suit
D) To sue the Commissioner
Answer: B
36. Can a commission be issued to a person who is not an advocate?
A) No
B) Yes, if the Court deems fit
C) Only in partition cases
D) Only to doctors
Answer: B
37. For which act can a commission NOT be issued?
A) Examining accounts
B) Giving a final judgment
C) Local investigation
D) Partition
Answer: B
38. Section 75(g) refers to:
A) Ministerial acts
B) Scientific investigation
C) Arrest
D) Injunction
Answer: A
39. A witness who is in prison may be examined:
A) By bringing him to court
B) By issuing a commission
C) Only by writing
D) He cannot be examined
Answer: B
40. The power under Section 75 can be exercised:
A) By the Court suo motu
B) On application of any party
C) Both A & B
D) Only by Supreme Court
Answer: C
41. A commission to examine a witness is issued under:
A) Order 26 Rule 1
B) Order 21 Rule 1
C) Order 39 Rule 1
D) Order 5 Rule 1
Answer: A
42. The Court can issue a commission for sale of property which is:
A) In custody of the court
B) Subject to speedy decay
C) Both A & B
D) None
Answer: C
43. The jurisdiction for Section 76 lies with:
A) The Court in another state
B) The Supreme Court
C) The High Court
D) The District Magistrate
Answer: A
44. Is Section 75 applicable to execution proceedings?
A) Yes
B) No
C) Only for arrest
D) Only for sale
Answer: A
45. A foreign commission received under Section 78 is executed as if:
A) It was issued by an Indian Court
B) It is a criminal warrant
C) It is a letter
D) None
Answer: A
46. Which of the following is an “Incidental Proceeding”?
A) Filing a plaint
B) Issuing a commission
C) Writing a judgment
D) Execution of decree
Answer: B
47. The Court’s power to issue commission is restricted to:
A) The limits of its jurisdiction
B) Anywhere in India
C) Only within the city
D) Only to the High Court
Answer: A
48. The report of a commission for partition must be:
A) Oral
B) In writing and signed
C) A video recording
D) Published in newspapers
Answer: B
49. When a Letter of Request is issued, it is a:
A) Judicial Request
B) Police Request
C) Private Letter
D) Public Notice
Answer: A
50. The main object of a commission for accounts is to:
A) Find out the truth
B) Settle the amount due
C) Audit the company
D) Punish the fraud
Answer: B
