Special Proceedings MCQ Quiz - Objective Question with Answer for Special Proceedings - Download Free PDF

The correct answer is Section 92 of CPC

Key Points

Section 92 of the Code of Civil Procedure, 1908 deals with

• Public Charitable and Religious Trusts.
  • It provides for a special procedure to be followed when there is a breach of trust or mismanagement.
• Who can file:
  • The suit can be filed by the Advocate General, or
  • Two or more persons having an interest in the trust, with permission of the court.
• Purpose of the suit:
  • To remove trustees, appoint new ones, direct accounts, or frame schemes for proper administration of the trust.
• Nature:
  • This is a representative suit, meant to protect the interest of the public in a charitable or religious trust.

Additional Information

• Section 41 of CPC – Relates to the power of courts in issuing injunctions, not public charities.
• Section 100 of CPC – Pertains to second appeals, not charitable trusts.
• Section 91 of CPC – Deals with public nuisances and other wrongful acts affecting the public, not charities.

The correct answer is option 2.Key Points

•  Section 91 of Civil Procedure Code 1908 deals with Public nuisances and other wrongful acts affecting the public.
• (1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted:
  • (a) By the Advocate-General, or
  • (b) With the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.
• (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

The correct answer is option 2.Key Points 

• Section 92 of the Civil Procedure Code, 1908 (CPC) pertains to suits regarding public charities. It outlines the procedure and conditions under which such suits may be instituted. 
• Scope of Section 92:
• Section 92 deals specifically with suits relating to public charities. These charities may include trusts, endowments, or institutions established for public benefit or religious or charitable purposes.

Additional Information

• The section aims to ensure that the assets and administration of such charities are managed properly and in accordance with their intended purposes.
• Who Can File a Suit Under Section 92:
• Section 92 allows certain individuals to file suits on behalf of the public interest in matters concerning the administration of public charities. These individuals may include:
  • The Attorney General.
  • The Advocate General.
  • Two or more persons having an interest in the trust and having obtained the consent of the Advocate General.
  • A person who has been granted consent by the court to bring such a suit.

The correct answer is either 1) or 2).

Key Points

• Section 91 of the CPC provides for Public nuisances and other wrongful acts affecting the public.
• It states that—(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
  (a) by the Advocate-General, or
  (b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. 
  (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

Correct answer is Option 4.

Key Points

• Section 89 of the CPC deals with settlement of dispute outside the courts and section 89(1) of the CPC empowers the court to refer the dispute to arbitration, conciliation, judicial settlement including settlement through Lok Adalat and mediation.
• The judgement of Afcons Infrastructure Ltd. and Ors. V. Cherian Varkey Construction Co. (P) Ltd 2010 is the landmark judgement related to Alternative Dispute Resolution (ADR).
• Section 89(1) of CPC has been extracted below:
  • ​​(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:--
    • (a) arbitration;
    • (b) conciliation;
    • (c) judicial settlement including settlement through Lok Adalat: or
    • (d) mediation.

Correct answer is Option 4.

Key Points

• Section 89 of the CPC deals with settlement of dispute outside the courts and section 89(1) of the CPC empowers the court to refer the dispute to arbitration, conciliation, judicial settlement including settlement through Lok Adalat and mediation.
• The judgement of Afcons Infrastructure Ltd. and Ors. V. Cherian Varkey Construction Co. (P) Ltd 2010 is the landmark judgement related to Alternative Dispute Resolution (ADR).
• Section 89(1) of CPC has been extracted below:
  • ​​(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:--
    • (a) arbitration;
    • (b) conciliation;
    • (c) judicial settlement including settlement through Lok Adalat: or
    • (d) mediation.

The correct answer is option 2.Key Points

•  Section 91 of Civil Procedure Code 1908 deals with Public nuisances and other wrongful acts affecting the public.
• (1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted:
  • (a) By the Advocate-General, or
  • (b) With the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.
• (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

The correct answer is option 3.Key Points

• Sec 89 was inserted in 1999 into Civil Procedure Code 1908 which states Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:
  • (a) Arbitration;
  • (b) Conciliation;
  • (c) Judicial settlement including settlement through Lok Adalat; or
  • (d) Mediation

Additional Information

• Alternate Dispute Resolution (ADR) refers to a set of processes and techniques used to resolve disputes outside of traditional legal avenues such as litigation.
• The primary goal of ADR is to provide parties with an alternative, more efficient, and often less adversarial means of settling their disputes. 

Correct answer is Option 4.

Key Points

• Section 89 of the CPC deals with settlement of dispute outside the courts and section 89(1) of the CPC empowers the court to refer the dispute to arbitration, conciliation, judicial settlement including settlement through Lok Adalat and mediation.
• The judgement of Afcons Infrastructure Ltd. and Ors. V. Cherian Varkey Construction Co. (P) Ltd 2010 is the landmark judgement related to Alternative Dispute Resolution (ADR).
• Section 89(1) of CPC has been extracted below:
  • ​​(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:--
    • (a) arbitration;
    • (b) conciliation;
    • (c) judicial settlement including settlement through Lok Adalat: or
    • (d) mediation.

The correct answer is option 3.Key Points

• Sec 89 was inserted in 1999 into Civil Procedure Code 1908 which states Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for-
  • Arbitration
  • Conciliation
  • Judicial settlement including settlement through Lok Adalat or
  • Mediation

 Additional Information

• Order X rule 1A provides After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties.
• Alternate Dispute Resolution (ADR) refers to a set of processes and techniques used to resolve disputes outside of traditional legal avenues such as litigation.
• The primary goal of ADR is to provide parties with an alternative, more efficient, and often less adversarial means of settling their disputes. Here are some common forms of ADR, Arbitration, Mediation, Conciliation, and Negotiation.
• However Evidence Act is not Applicable in Arbitral Proceedings as provided under section 1 of Indian Evidence Act 1872.
• Sec 19 of THE ARBITRATION AND CONCILIATION ACT, 1996 states that the arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.

The correct answer is option 4.Key Points

• Sec 89 was inserted in 1999 into Civil Procedure Code 1908 incorporated the provision to enable the courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.
• Order X rule 1A was also inserted in 1999 which provides After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties.
• Alternate Dispute Resolution (ADR) refers to a set of processes and techniques used to resolve disputes outside of traditional legal avenues such as litigation.
• The primary goal of ADR is to provide parties with an alternative, more efficient, and often less adversarial means of settling their disputes. Here are some common forms of ADR, Arbitration, Mediation, Conciliation, and Negotiation.

 Additional Information

• However Evidence Act is not Applicable in Arbitral Proceedings as provided under section 1 of Indian Evidence Act 1872.
• Sec 19 of THE ARBITRATION AND CONCILIATION ACT, 1996 states that the arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872.

The correct answer is option 2.Key Points 

• Section 92 of the Civil Procedure Code, 1908 (CPC) pertains to suits regarding public charities. It outlines the procedure and conditions under which such suits may be instituted. 
• Scope of Section 92:
• Section 92 deals specifically with suits relating to public charities. These charities may include trusts, endowments, or institutions established for public benefit or religious or charitable purposes.

Additional Information

• The section aims to ensure that the assets and administration of such charities are managed properly and in accordance with their intended purposes.
• Who Can File a Suit Under Section 92:
• Section 92 allows certain individuals to file suits on behalf of the public interest in matters concerning the administration of public charities. These individuals may include:
  • The Attorney General.
  • The Advocate General.
  • Two or more persons having an interest in the trust and having obtained the consent of the Advocate General.
  • A person who has been granted consent by the court to bring such a suit.

The correct answer is option 2

The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co. 

The correct answer is Option 1

Key Points Section 91 provides for the filing of suit in the case of a public nuisance all other wrongful acts affecting the public at large. It stays that the suit can be instituted for declaration, injunction or other relief which may be appropriate in the circumstances of the case. A suit may be instituted by the following persons, relating to a public nuisance or other wrongful act; 

1. By Advocate General;

2. By two or more persons with the leave of the court; or

3. By any private person if he has sustained special damage.