Important MCQs Based On Latest Supreme Court Judgments For Law Examination

1. A files a suit seeking cancellation of certain sale deeds claiming they are invalid. The suit is dismissed for default due to A's repeated non-appearance. A neither seeks restoration nor files a fresh suit. Later, during execution proceedings arising from a separate decree in A's favour, A attempts to challenge the validity of the same sale deeds again.Which of the following is the MOST appropriate legal position?(A) A is barred by res judicata from raising the issue again since the earlier suit was dismissed.(B) A can raise the issue freely since dismissal for default is not a decision on merits.(C) A may not be barred by res judicata, but can still be denied relief due to abuse of process and abandonment of earlier remedies.(D) A must necessarily file a fresh suit, and execution court has no jurisdiction to examine such issues.Answer: CExplanation: Dismissal of a suit for default does not operate as res judicata because there is no adjudication on merits. However, if a party deliberately fails to pursue available remedies under Order IX CPC (such as restoration or refiling) and later attempts to raise the same issue in collateral proceedings like execution, the court may deny relief on equitable grounds, treating such conduct as an abuse of the process of law.Cause Title: SHARADA SANGHI & ORS. VS. ASHA AGARWAL & ORS., Citation : 2026 LiveLaw (SC) 299Dismissal Of Suit For Default Not Res Judicata, But Party May Still Be Denied Relief For Abandoning Earlier Proceedings : Supreme Court2. A public servant was prosecuted for an alleged offence, and the Magistrate validly took cognizance at a time when no prior sanction was required under Section 197 CrPC. Subsequently, a government notification extended the requirement of prior sanction to include such category of public servants. The accused now challenges the proceedings on the ground that no sanction was obtained.Which of the following is the correct legal position?(A) The proceedings are vitiated as sanction is mandatory at any stage once the law is amended.(B) The proceedings remain valid, as the requirement of sanction is determined at the time of taking cognizance.(C) The proceedings must be stayed until sanction is obtained retrospectively.(D) The accused is entitled to automatic discharge due to absence of sanction.Answer: BExplanation: The applicability of a sanction under Section 197 CrPC is determined based on the legal position prevailing at the time the court takes cognizance of the offence. A subsequent extension of sanction protection does not invalidate proceedings that were validly initiated when no such bar existed.Cause Title: SAMARENDRA NATH KUNDU & ANR. VERSUS SADHANA DAS & ANR., Citation : 2026 LiveLaw (SC) 314S. 197 CrPC | Subsequent Extension Of Sanction Requirement Won't Invalidate Cognizance Taken When There Was No Bar : Supreme Court3. A civil court passes an ex parte decree against Defendant X due to his non-appearance. X subsequently files an appeal against the decree, which is dismissed on the merits. Later, X files an application under Order IX Rule 13 CPC seeking to set aside the ex parte decree on the ground that he had sufficient cause for non-appearance.Which of the following is the most correct legal position?A. The application under Order IX Rule 13 CPC is barred because the appeal has already been dismissed.B. The application is maintainable because the remedies of appeal and Order IX Rule 13 CPC operate in distinct spheres.C. The application is maintainable only if the appellate court grants permission.D. The application is barred unless fraud is specifically proven.Answer: BExplanation: A civil court passes an ex parte decree against Defendant X due to his non-appearance. X subsequently files an appeal against the decree, which is dismissed on merits. Later, X files an application under Order IX Rule 13 CPC seeking to set aside the ex parte decree on the ground that he had sufficient cause for non-appearance.Cause Title: DEEPESH MAHESWARI AND ANR. VERSUS RENU MAHESWARI AND ORS, Citation : 2026 LiveLaw (SC) 317Order IX Rule 13 CPC Application Not Barred By Dismissal Of Appeal Against Ex-Parte Decree : Supreme Court4. In an international commercial arbitration, a party challenges an arbitral award before the court at the seat of arbitration, but fails. The decision becomes final. Subsequently, during enforcement proceedings in another country, the same party attempts to raise identical issues by presenting them in a different legal form.Which of the following best reflects the principle of transnational issue estoppel in this context?A. Issues already decided by a competent court at the seat cannot be reopened in enforcement proceedings between the same parties.B. A party is free to re-agitate issues in a different jurisdiction as enforcement proceedings are independent.C. Only questions of law are barred from reconsideration, but factual issues can be raised again.D. Transnational issue estoppel applies only when...

Important MCQs Based On Latest Supreme Court Judgments For Law Examination

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Yash Mittal

Important MCQs Based On Latest Supreme Court Judgments For Law Examination

Yash Mittal

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Yash Mittal

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