PART V
SPECIAL PROCEEDINGS
ARBITRATION
89. SETTLEMENT OF DISPUTES OUTSIDE THE COURT
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.
2. Were a dispute has been referred—
a. for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;
b. to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;
c. for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;
d. for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.
Provision for settlement of dispute outside court has been provided under Section___ of Civil Procedure Code.
a. 91
b. 89
c. 51
d. 151
Ans. (b)
If the court refers parties to the suit for settlement of dispute under Section 89 of the Civil Procedure Code, the plaintiff is:
a. entitled to refund of Court fee
b. entitled to refund of Count fee and interest there on
c. not entitled to refund
d. entitled to partial refund of court fee
Ans. (a)
The Court under Section 89(1) of the CPC can refer the dispute for
a. Mediation or Lok Adalat
b. Arbitration or conciliation
c. Conciliation or mediation
d. All of the above
Ans. (d)
Section 89 of the CPC was inserted in
a. 1993
b. 1998
c. 1999
d. 2009
Ans. (c)
Where it appears to the court that there exist element of a settlement the court shall
a. decide the matter itself
b. refer the same for arbitration, conciliation or mediation
c. leave the matter undecided
d. none of the above
Ans. (b)
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:
a. Dinesh Kumar v. Yusuf AH
b. Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.
c. Bimlesh v. New Delhi Assurance Co.
d. Standard Chartered Bank v. V. Noble Kumar
Ans. (b)
Alternative Disputes Redressal (ADR) is a concept in
a. Evidence Act
b. Civil Procedure Code
c. Contract Act
d. Motor Vehicles Act
Ans. (b)
SPECIAL CASE
90. POWER TO STATE CASE FOR OPINION OF COURT
Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
The provisions regarding 'friendly suits' are in:
a. Section 90, Order 36 of the Code of Civil Procedure
b. Section 88, Order 35 of the Code of Civil Procedure
c. Order 34 of the Code of Civil Procedure
d. Order 33 of the Code of Civil Procedure
Ans. (a)
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. 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.
Suits for declaration & injunction is respect of public nuisances under Section 91 of CPC can be instituted by
a. an individual without the leave of the Court
b. an individual with the leave of the Court
c. two or more persons without the leave of the Court
d. two or more persons with the leave of the Court
Ans. (d)
Who can file a suit under Section 91 of Civil Procedure Code for public nuisance?
a. Advocate General
b. Any citizen
c. District Magistrate
d. Any 10 or more citizens
Ans. (a)
92. PUBLIC CHARITIES. —
1. In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the leave of the Court, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject- matter of the trust is situate to obtain a decree: —
a. removing any trustee;
b. appointing a new trustee;
c. vesting any property in a trustee;
cc. directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property; directing accounts and inquiries;
d. declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
e. authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;
f. settling a scheme; or granting such further or other relief as the nature of the case may require.
2. Save as provided by the Religious Endowments Act, 1863 (XX of 1863), or by any corresponding law in force in the territories which, immediately before the 1st November, 1956, were comprised in Part B States, no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section.
3. The Court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion thereo to be applied cypres in one or more of the following circumstances, namely: —
a) where the original purposes of the trust, in whole or in part: —
i. have been, as far as may be, fulfilled; or
ii. cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust; or
b) where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or
c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with, and to that end can suitably be made applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common purposes; or
d) where the original purposes, in whole or in part, were laid down by reference to an area which then was, but has since ceased to be, a unit for such purposes; or where the original purposes, in whole or in part, have, since they were laid down: —
i. been adequately provided for by other means, or
ii. ceased, as being useless or harmful to the community, or
iii. ceased to be, in law, charitable, or
iv. ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust
93. EXERCISE OF POWERS OF ADVOCATE-GENERAL OUTSIDE PRESIDENCY-TOWNS
The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
