Multiple Choice Questions on In which of the following ways section 73 differs from the corresponding section 295 of the Code of ........... for Judicial Services (Master) Preparation

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Multiple Choice Questions

In which of the following ways section 73 differs from the corresponding section 295 of the Code of ...........

Civil Procedure Code (CPC) 1908 Execution
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    In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?

    I. The words, ‘where assets are held by a court,’ have been substituted for words, ‘whenever assets are realised by sale or otherwise in execution of a degree.’

    II. The words, ‘before the receipt of such assets,’ have been substituted for the words, ‘prior to the realisation’

    III. The words, ‘by which such assets are held’ are omitted after the words ‘made application to the court’

    IV. The word, ‘passed’ has been added after the word, ‘money’

    V. The words, ‘interest in,’ in cl. (b) have been substituted for the words, ‘right against’ to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration

    I, III

    Incorrect Answer

    II, IV

    Incorrect Answer

    IV, V

    Incorrect Answer

    All of these

    Correct Answer
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    Explanation:

    - Statement I: The phrase "where assets are held by a court" replaces "whenever assets are realised by sale or otherwise in execution of a decree." This modifies the focus from the process of realization to asset custody.

    - Statement II: The words "before the receipt of such assets" substitute "prior to the realisation." This changes the timing reference regarding asset handling.

    - Statement III: The omission of "by which such assets are held" streamlines the phrasing related to court applications.

    - Statement IV: Adding "passed" after "money" clarifies the nature of monetary decrees.

    - Statement V: Replacing "right against" with "interest in" aligns with the terminology of the Transfer of Property Act, 1882.

    Option 4: All of these - All statements represent differences between Section 73 and Section 295 of the Code of Civil Procedure, 1882.

    By: santosh
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