Andhra Pradesh Judiciary Mock Test 2 — Questions & Solutions
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Explanation IV to Section 11 of the Code of Civil Procedure embodies the principle of constructive res judicata, under which:
aOnly matters actually decided in the former suit operate as res judicata
bA matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been a matter directly and substantially in issue therein
cA consent decree can never operate as res judicata
dRes judicata applies only between parties litigating under the same title
Answer: B
Explanation IV to Section 11 deems any matter which might and ought to have been made a ground of defence or attack in the former suit to have been directly and substantially in issue, which is the doctrine of constructive res judicata.
Under Order XXXIX Rule 2A of the Code of Civil Procedure, in case of disobedience or breach of an injunction granted by the Court, the Court may order the detention of the person guilty of such disobedience in civil prison for a term not exceeding:
aOne month
bSix months
cThree months
dOne year
Answer: C
Order XXXIX Rule 2A empowers the Court to attach property and to detain the defaulter in civil prison for a term not exceeding three months for disobedience or breach of an injunction.
A caveat lodged under Section 148A of the Code of Civil Procedure shall, unless an application as contemplated in sub-section (1) is made before the expiry of that period, remain in force for:
aNinety days from the date on which it was lodged
bSixty days from the date on which it was lodged
cThirty days from the date on which it was lodged
dUntil the disposal of the suit
Answer: A
Section 148A(5) provides that a caveat shall not remain in force after ninety days from the date on which it was lodged, unless the application has been made in the meantime.
The distinction between Section 24 and Section 25 of the Code of Civil Procedure regarding transfer of suits is that:
aBoth sections confer power exclusively on the District Court
bSection 24 confers power on the Supreme Court while Section 25 confers power on the High Court
cSection 25 empowers the Supreme Court to transfer a suit, appeal or other proceeding from a Court in one State to a Court in another State, while Section 24 deals with transfer by the High Court or District Court
dSection 25 applies only to criminal proceedings
Answer: C
Section 24 confers the general power of transfer on the High Court and District Court, whereas Section 25 specifically empowers the Supreme Court to transfer a suit, appeal or other proceeding from a Court in one State to a Court in another State for the ends of justice.
Under Section 16 of the Code of Civil Procedure, a suit for the recovery of immovable property, or for the determination of any right to or interest in immovable property, shall, subject to the pecuniary or other limitations, be instituted in the Court within the local limits of whose jurisdiction:
aThe plaintiff resides
bThe property is situate
cThe defendant resides or carries on business
dThe cause of action wholly or in part arises, at the plaintiff's option
Answer: B
Section 16 mandates that suits relating to immovable property (recovery, partition, sale, mortgage, determination of right, etc.) be instituted where the property is situate, subject to the proviso in respect of relief obtainable through the defendant's personal obedience.
The doctrine underlying Order II Rule 2 of the Code of Civil Procedure, which requires a plaintiff to include the whole of the claim arising from the cause of action, is directed against:
aThe splitting up of claims and remedies arising from one cause of action
bThe filing of an appeal without first obtaining a certificate of fitness
cThe joinder of more than one defendant in a single suit
dThe institution of a suit in a Court of wrong pecuniary jurisdiction
Answer: A
Order II Rule 2 requires the plaintiff to include the whole of his claim in respect of a cause of action; relief omitted (and not sued for with leave) cannot afterwards be sued for, thus barring the splitting up of claims and remedies.
All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, are to be determined by:
aA fresh suit instituted for that purpose
bThe Court executing the decree, and not by a separate suit
cThe High Court in its revisional jurisdiction only
dAn arbitrator appointed under Section 89
Answer: B
Section 47 provides that all questions relating to the execution, discharge or satisfaction of a decree, arising between the parties or their representatives, shall be determined by the executing Court and not by a separate suit.
Where a defendant against whom an ex parte decree has been passed satisfies the Court that he was prevented by sufficient cause from appearing when the suit was called on for hearing, his appropriate remedy to have the ex parte decree set aside is:
aAn appeal under Section 96 only
bA revision under Section 115 only
cA review under Order XLVII Rule 1 only
dAn application under Order IX Rule 13
Answer: D
Order IX Rule 13 allows the defendant to apply to set aside an ex parte decree on proof that the summons was not duly served or that he was prevented by sufficient cause from appearing; an appeal under Section 96 is an alternative, not the only, remedy.
Under the proviso to Section 60(1) of the Code of Civil Procedure, which of the following is exempt from attachment and sale in execution of a decree?
aGovernment securities standing in the name of the judgment-debtor
bA house belonging to a trader and used for his business
cShares held by the judgment-debtor in a corporation
dTools of artisans and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may be necessary to enable him to earn his livelihood
Answer: D
The proviso to Section 60(1) exempts, among other things, tools of artisans, and (for an agriculturist) implements of husbandry, cattle and seed-grain necessary to earn his livelihood; securities, shares and trading premises are attachable.
The revisional power of the High Court under Section 115 of the Code of Civil Procedure may be exercised in respect of a case decided by a subordinate Court where such Court appears to have:
aDecided the suit against the weight of evidence on record
bErred merely on a question of fact within its jurisdiction
cPassed a decree from which a first appeal lies
dExercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity
Answer: D
Section 115 confines revision to jurisdictional errors: where the subordinate Court has exercised a jurisdiction not vested in it, failed to exercise one vested in it, or acted illegally or with material irregularity in exercising its jurisdiction.
Under Section 20 of the Code of Civil Procedure, a suit not otherwise provided for may be instituted in a Court within the local limits of whose jurisdiction:
aOnly the immovable property in dispute is situate
bThe defendant (or one of several defendants) actually and voluntarily resides or carries on business or personally works for gain, or the cause of action wholly or in part arises
cOnly the plaintiff actually and voluntarily resides
dOnly the registered office of any defendant company is located, in every case
Answer: B
Section 20 is the residuary forum provision: such a suit may be filed where the defendant resides, carries on business or personally works for gain, or where the cause of action wholly or in part arises (with leave or acquiescence where there are several defendants).
A judgment-debtor whose immovable property has been sold in execution applies under Order XXI, Rule 89 of the C.P.C. to have the sale set aside on deposit. The amount he is required to deposit for payment to the auction-purchaser is:
athe entire purchase-money together with interest at twelve per cent
ba sum equal to ten per cent of the purchase-money, in addition to the decretal amount
ca sum equal to two per cent of the purchase-money only
da sum equal to five per cent of the purchase-money, in addition to the amount specified in the proclamation for the decree-holder
Answer: D
Under Order XXI, Rule 89 the applicant must deposit, for payment to the purchaser, five per cent of the purchase-money, and for the decree-holder, the amount specified in the proclamation (less amounts already received).
An appeal arising out of an appellate decree is heard and decided by a Single Judge of the High Court of Andhra Pradesh. Against that judgment and decree of the Single Judge:
aa Letters Patent Appeal lies to a Division Bench as a matter of right
bno further appeal shall lie, as Section 100A C.P.C. overrides the Letters Patent
can appeal lies only with the certificate of the Single Judge
da review alone lies and no appeal in any circumstances
Answer: B
Section 100A C.P.C. (as substituted in 2002) begins with a non-obstante clause and bars any further appeal, including a Letters Patent Appeal, where a Single Judge has decided an appeal from an original or appellate decree or order.
In a suit of a nature cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed ten thousand rupees, an appeal from the decree under Section 96(4) C.P.C.:
alies both on questions of law and on questions of fact
bdoes not lie at all
clies only with the leave of the District Court
dlies only on a question of law
Answer: D
Section 96(4) bars an appeal except on a question of law from a decree in a suit cognizable by Courts of Small Causes where the subject-matter does not exceed ten thousand rupees.
Where a suit is wholly dismissed for default of the plaintiff's appearance under Order IX, Rule 8 C.P.C., the consequence under Order IX, Rule 9 is that the plaintiff:
ais precluded from bringing a fresh suit on the same cause of action, but may apply to set aside the dismissal for sufficient cause
bmay prefer an appeal against the dismissal as of right
cmay straightaway file a fresh suit on the same cause of action
dis permanently barred and has no remedy whatsoever
Answer: A
Order IX, Rule 9 bars a fresh suit on the same cause of action after dismissal for default, but permits the plaintiff to apply to have the dismissal set aside on showing sufficient cause for non-appearance.
The power to transfer a suit, appeal or other proceeding from a High Court or Civil Court in one State to a High Court or Civil Court in another State is conferred upon the Supreme Court by:
aSection 22 C.P.C.
bSection 23 C.P.C.
cSection 24 C.P.C.
dSection 25 C.P.C.
Answer: D
Section 25 C.P.C. empowers the Supreme Court, on the ground that it is expedient for the ends of justice, to transfer any suit, appeal or other proceeding from one State to another.
An ex parte decree is passed against a defendant. Under Order IX, Rule 13 C.P.C., the Court shall set aside the decree on the defendant's application if he satisfies the Court that:
athe decretal amount has been wholly deposited in Court
bthe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing
cthe plaintiff's claim was barred by limitation
dthe suit was over-valued for purposes of court-fee
Answer: B
Order IX, Rule 13 requires the Court to set aside an ex parte decree where the defendant shows that the summons was not duly served or that he was prevented by sufficient cause from appearing.
The pecuniary jurisdiction of the various grades of civil courts in Andhra Pradesh, including that of the Junior Civil Judge and the Senior Civil Judge, is primarily fixed and regulated by:
athe Andhra Pradesh Civil Courts Act, 1972
bthe Civil Procedure Code, 1908 itself
cthe Andhra Pradesh Civil Rules of Practice
dthe A.P. Court-Fees and Suits Valuation Act, 1956
Answer: A
The grades of civil courts and their pecuniary jurisdiction in Andhra Pradesh are governed by the Andhra Pradesh Civil Courts Act, 1972; the C.P.C. itself does not fix pecuniary limits.
Section 144 C.P.C., dealing with the doctrine of restitution, is attracted when:
aa decree is varied, reversed, set aside or modified, requiring the Court to place the parties in the position they would have occupied
bthe decree is merely confirmed in appeal
ca fresh cause of action arises after the decree
da suit is withdrawn with liberty to file a fresh suit
Answer: A
Section 144 embodies the doctrine of restitution: where a decree is varied or reversed in any manner, the Court that passed it must restore the parties to their former position, including by refund and payment of compensation.
Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, makes it obligatory to prepare and notify a Witness Protection Scheme. The duty to prepare and notify such Scheme is cast upon:
aThe High Court of the State concerned
bEvery State Government
cThe Central Government
dThe National Human Rights Commission
Answer: B
Section 398 BNSS, for the first time statutorily, requires every State Government to prepare and notify a Witness Protection Scheme to ensure protection of witnesses.
Under the proviso to Section 64(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a summons bearing the image of the court's seal:
aCannot be served except by personal delivery through a police officer
bIs valid only if it is published in a local newspaper
cMust be served only by registered post with acknowledgment due
dMay also be served by electronic communication in the form and manner prescribed by State Government rules
Answer: D
Section 64(2) proviso BNSS permits service of a summons bearing the image of the court's seal by electronic communication in the form and manner prescribed by State Government rules, and such electronic service is deemed duly served.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of an offence punishable with imprisonment for a term of less than ten years, the fifteen days of police custody may be sought by the investigating officer within a window of:
aThe first forty days from the date of detention
bThe first ninety days from the date of detention
cThe first fifteen days from the date of arrest only
dThe first sixty days from the date of detention
Answer: A
Under Section 187 BNSS the fifteen days of police custody need not be continuous and may be spread across the first forty days where the offence is punishable with less than ten years, and across sixty days for graver offences. This is a departure from the continuous-fifteen-day rule under Section 167 CrPC.
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused becomes entitled to release on bail by default, on the investigation not being completed, on the expiry of ninety days where the offence is punishable with:
aImprisonment for any term in a non-bailable offence
bImprisonment for a term not less than seven years
cImprisonment for a term exceeding three years
dDeath, imprisonment for life or imprisonment for a term of not less than ten years
Answer: D
Under Section 187(3) BNSS the outer limit for detention pending investigation is ninety days for offences punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, and sixty days for all other offences, after which default bail accrues.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding, or of both, or of community service. The fine limit is:
aOne lakh rupees
bTwenty-five thousand rupees
cFifty thousand rupees
dTen thousand rupees
Answer: C
Section 23(1) BNSS empowers a Magistrate of the first class to impose imprisonment up to three years or fine not exceeding fifty thousand rupees, or both, or community service. The fine ceiling was raised from ten thousand rupees under Section 29 CrPC.
Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that no person who is infirm or above sixty years of age shall be arrested, in respect of an offence punishable with imprisonment for less than three years, except with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bDeputy Superintendent of Police
cInspector of Police
dStation House Officer
Answer: B
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment without the prior permission of an officer not below the rank of Deputy Superintendent of Police. This is a fresh safeguard with no CrPC equivalent.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a cognizable offence is punishable for three years or more but less than seven years, the officer in charge of the police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry, which must be completed within:
aFourteen days
bSeven days
cTwenty-one days
dThirty days
Answer: A
Section 173(3) BNSS permits a preliminary enquiry, with the prior permission of an officer not below the rank of DSP, to ascertain whether a prima facie case exists for offences in the three-to-seven-year bracket, and mandates its completion within fourteen days.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the scene of the crime to collect forensic evidence and to cause videography of the process, in respect of offences punishable with imprisonment for a term of:
aFive years or more
bTen years or more
cSeven years or more
dThree years or more
Answer: C
Section 176(3) BNSS makes forensic investigation and videography of the crime scene compulsory for offences punishable with seven years' imprisonment or more, subject to availability of facilities, with a phased rollout over five years.
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires that the process of search and seizure, including the preparation of the list of seized articles and signing by witnesses, be recorded through audio-video electronic means. The recording must thereafter be forwarded without delay to the:
aPublic Prosecutor attached to the trial court
bDirector of the State Forensic Science Laboratory
cDistrict Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class
dSuperintendent of Police of the district
Answer: C
Section 105 BNSS mandates audio-video recording of search and seizure, preferably by mobile phone, and requires the police officer to forward the recording without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
With respect to the recording of a confession under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following propositions is correct?
aNo police officer on whom any power of a Magistrate has been conferred shall record any confession
bA confession may be recorded only by the Magistrate having territorial jurisdiction over the case
cA confession may be recorded by any Executive Magistrate during the course of investigation
dA confession may be recorded by a police officer on whom the powers of a Magistrate have been conferred
Answer: A
The proviso to Section 183 BNSS expressly bars any police officer on whom magisterial powers have been conferred from recording a confession; it may be recorded by a Metropolitan or Judicial Magistrate whether or not he has jurisdiction in the case.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court if he has undergone detention up to:
aOne-fourth of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS introduces a fresh benefit: a first-time offender is to be released on bond on undergoing detention up to one-third of the maximum sentence, whereas the general undertrial limit (continued from Section 436A CrPC) is one-half.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which introduces inquiry, trial or judgment in absentia, applies only where the accused has been declared:
aA proclaimed offender who has absconded to evade trial with no immediate prospect of arrest
bAn absconder by the investigating officer
cA habitual offender under the local Act
dA person of unsound mind incapable of making his defence
Answer: A
Section 356 BNSS permits trial in absentia only against a proclaimed offender who has absconded to evade trial where there is no immediate prospect of arresting him, with safeguards such as two consecutive warrants thirty days apart and State-funded defence counsel.
Under Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after the conclusion of the trial in a warrant case, the judgment must ordinarily be pronounced within a period of, extendable for reasons recorded in writing:
aFifteen days
bSixty days
cForty-five days
dThirty days
Answer: C
Section 258(1) BNSS introduces a timeline requiring judgment to be pronounced within forty-five days of the conclusion of trial, extendable to sixty days for reasons recorded in writing. The CrPC contained no such outer limit.
For the offence of dowry death under Section 304B of the Indian Penal Code, the death of the woman must have occurred:
aWithin three years of marriage
bAt any time during the subsistence of the marriage
cWithin seven years of marriage
dWithin five years of marriage
Answer: C
Section 304B requires that the woman's death by burns, bodily injury or otherwise than under normal circumstances occur within seven years of marriage, coupled with cruelty for dowry soon before death.
Under Section 100 of the Indian Penal Code, the right of private defence of the body extends to voluntarily causing the death of the assailant in which of the following assaults?
aAn assault with the intention of committing rape
bAn assault by mere abusive words
cAn assault causing simple hurt only
dAn assault with the intention of committing theft of crops
Answer: A
Section 100 lists the assaults in which the right of private defence of body may extend to causing death, including an assault with the intention of committing rape. Simple hurt or words alone do not attract it.
A surgeon, in good faith and for the patient's benefit, performs a risky operation to which the patient has consented, and the patient dies during it. The surgeon's act is protected from criminal liability primarily by which general exception of the Indian Penal Code?
aSection 81 (act causing harm to avoid greater harm)
bSection 76 (act done by a person bound by law)
cSection 92 (act done in good faith without consent)
dSection 88 (act done in good faith for the benefit of a person with consent)
Answer: D
Section 88 protects an act done in good faith, for the benefit of a person, with that person's consent, even if it is known to be likely to cause death, provided there is no intention to cause death.
The provision of the Indian Penal Code that extends its operation to offences committed by any citizen of India in any place beyond India (extra-territorial operation) is contained in:
aSection 5
bSection 3
cSection 4
dSection 2
Answer: C
Section 4 provides for the extra-territorial operation of the Code, applying it inter alia to offences committed by any citizen of India in any place without and beyond India.
Under the Bharatiya Nyaya Sanhita, 2023, the provision extending the Sanhita to extra-territorial offences committed by any citizen of India beyond India is contained in:
aSection 1(5)
bSection 6
cSection 3
dSection 1(4)
Answer: A
Section 1(5) of the BNS, 2023 (corresponding to Section 4 of the old IPC) extends the Sanhita to offences committed beyond India by a citizen of India anywhere, and by any person on a ship or aircraft registered in India.
The offence of criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023 is committed when there is an agreement to do, or cause to be done, an illegal act by:
aFive or more persons
bTwo or more persons
cThree or more persons
dA single person who forms the intention
Answer: B
Section 61 of the BNS, 2023 defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means.
Under the Bharatiya Nyaya Sanhita, 2023, in executing a sentence of solitary confinement, such confinement shall in no case exceed:
aThree months at a time
bFourteen days at a time
cOne month at a time
dSeven days at a time
Answer: B
Section 12 of the BNS, 2023 provides that solitary confinement shall in no case exceed fourteen days at a time, with intervals of not less duration; where imprisonment exceeds three months it shall not exceed seven days in any one month.
Under Section 11 of the Bharatiya Nyaya Sanhita, 2023, the total period of solitary confinement awarded where the imprisonment exceeds one year shall not exceed:
aTwo months in the whole
bSix months in the whole
cOne month in the whole
dThree months in the whole
Answer: D
Section 11 of the BNS, 2023 fixes the scale of solitary confinement: up to one month (sentence not exceeding six months), up to two months (six months to one year), and up to three months in the whole where the sentence exceeds one year.
Wrongful confinement is defined under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 126
bSection 127
cSection 339
dSection 340
Answer: B
Section 127 of the BNS, 2023 defines wrongful confinement (wrongful restraint being defined in Section 126); the IPC numbering of 339/340 no longer applies.
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony, is an offence under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 152
bSection 196
cSection 153A
dSection 197
Answer: B
Section 196 of the BNS, 2023 (corresponding to Section 153A of the old IPC) penalises promoting enmity between groups on grounds of religion, race, language, etc., and acts prejudicial to harmony, with imprisonment up to three years or fine or both.
The offence that has replaced sedition (old Section 124A IPC), namely an act endangering the sovereignty, unity and integrity of India, is now contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 150
bSection 124A
cSection 152
dSection 147
Answer: C
Section 152 of the BNS, 2023 criminalises exciting secession, armed rebellion, subversive activities or acts endangering the sovereignty, unity and integrity of India, punishable with imprisonment for life or up to seven years and fine.
Under Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), documents forming the acts or records of the acts of sovereign authority, official bodies and tribunals, and of public officers, are classified as:
aPrivate documents
bSecondary evidence
cPublic documents
dPrimary evidence only
Answer: C
Section 74 of the BSA enumerates public documents; all documents not falling within the description of public documents in Section 74 are private documents under the same section.
The Court shall presume the due execution and authentication of a power of attorney under Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) when it purports to have been executed before and authenticated by:
aA Registrar or Sub-Registrar appointed under the Registration Act
bA Notary Public, or any Court, Judge, Magistrate, Indian Consul or representative of the Central Government
cAny two attesting witnesses of full age
dAny advocate enrolled with a State Bar Council
Answer: B
Section 84 of the BSA raises a presumption of due execution and authentication where a power of attorney is executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government.
Under Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a Judge or Magistrate cannot be compelled to answer questions as to his own conduct in court, except:
aWhen required by any private party to the proceeding
bOnly with the consent of the Advocate-General
cIn all cases without exception
dUpon the special order of some Court to which he is subordinate
Answer: D
Section 127 of the Bharatiya Sakshya Adhiniyam, 2023 protects a Judge or Magistrate from being compelled to answer questions as to his conduct as such, except upon the special order of some Court to which he is subordinate, though he may be examined as to other matters that occurred in his presence.
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), embodying the doctrine of estoppel, applies where one person has, by his declaration, act or omission, caused another to believe a thing to be true and to act upon such belief. In such a case that person:
aShall not be allowed, in any suit or proceeding between himself and that other, to deny the truth of that thing
bIs estopped only if the representation was made in writing
cIs estopped only against the State and not against private persons
dMay resile from the representation if it was made by mistake
Answer: A
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 enacts estoppel by representation: a person who induces another to believe and act on a thing as true shall not, in a suit or proceeding between them, be allowed to deny its truth.
Under Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an 'admission' is a statement, oral or documentary or contained in electronic form, which suggests an inference as to a fact in issue or relevant fact, and which is made by:
aOnly a party to the proceeding in his individual capacity
bOnly a person against whom a decree has been passed
cAny of the persons, and under the circumstances, mentioned in Sections 16 to 19
dOnly a witness examined on oath
Answer: C
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 defines an admission, and Sections 16 to 19 specify the persons (parties, agents, persons in representative character, persons jointly interested, and persons from whom interest is derived) whose statements amount to admissions.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:
aMay be proved against the accused if made in the presence of a Magistrate
bMay be proved if reduced to writing and signed by the accused
cIs admissible only in respect of non-cognizable offences
dShall not be proved as against a person accused of any offence
Answer: D
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 imposes an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence, regardless of writing or signature. The only exception is the limited operation of the proviso to Section 23(2) (fact discovered).
So much of the information received from an accused person in the custody of a police officer as relates distinctly to the fact thereby discovered may be proved. This rule of admissibility is contained in:
aSection 23(1)
bSection 22
cSection 23(2) proviso
dSection 30
Answer: C
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 is an exception to the bar on custodial confessions: where a fact is discovered in consequence of information received from an accused in police custody, only so much of the information as distinctly relates to the fact discovered may be proved.
Where more persons than one are being tried jointly for the same offence and a confession made by one of them affecting himself and some other of such persons is proved, the Court may take it into consideration against such other person. This is provided in:
aSection 23
bSection 138
cSection 26
dSection 24
Answer: D
Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 permits the Court to take into consideration a confession of one co-accused against another only when they are tried jointly for the same offence and the confession affects both the maker and the other.
A dying declaration, that is, a statement made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, is made relevant under:
aSection 55
bSection 27
cSection 39
dSection 26(a)
Answer: D
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant the statement of a person (since deceased) as to the cause of death or circumstances of the transaction resulting in death. It is an exception to the rule requiring oral evidence to be direct under Section 55.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. This is laid down in:
aSection 45
bSection 39
cSection 26
dSection 41
Answer: B
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant the opinion of experts on points of foreign law, science, art, identity of handwriting or finger impressions. Section 41 separately deals with the opinion of a person acquainted with the handwriting.
For the defence of part performance under Section 53A of the Transfer of Property Act, 1882 to be available, the contract to transfer immovable property for consideration must be:
aRegistered and attested by two witnesses
bOral, provided the transferee has paid the full price
cIn writing signed by the transferor or on his behalf, from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty
dReduced to writing only after possession is delivered
Answer: C
Section 53A requires a written contract signed by the transferor (or on his behalf) whose terms can be ascertained with reasonable certainty, part performance (possession) by the transferee, and willingness to perform his part; the transferor is then debarred from enforcing rights inconsistent with the contract.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards:
aCan be made only by a registered instrument
bCan be made by an oral agreement followed by delivery of possession
cCan be made only by delivery of the property
dCan be made either by a registered instrument or by delivery of property
Answer: A
Section 54 provides that in the case of tangible immovable property of the value of one hundred rupees and upwards, a sale can be made only by a registered instrument; for property of lesser value it may be made by registered instrument or by delivery of the property.
Under Section 58 of the Transfer of Property Act, 1882, where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession until payment, and to receive the rents and profits in lieu of interest or in part payment, the mortgage is called:
aA simple mortgage
bA mortgage by conditional sale
cAn English mortgage
dA usufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage as one where possession is delivered to the mortgagee, who retains it and appropriates the rents and profits towards interest or principal; there is no personal covenant to repay and no power of sale or foreclosure.
In a mortgage where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee, subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the mortgage is:
aA usufructuary mortgage under Section 58(d)
bAn English mortgage under Section 58(e)
cA mortgage by deposit of title-deeds under Section 58(f)
dA mortgage by conditional sale under Section 58(c)
Answer: B
Section 58(e) defines an English mortgage: the mortgagor binds himself personally to repay on a fixed date and makes an absolute transfer to the mortgagee with a proviso for re-transfer on repayment.
A mortgage by deposit of title-deeds (equitable mortgage) under Section 58(f) of the Transfer of Property Act, 1882 can be created:
aAnywhere in India without any restriction as to place
bOnly in the towns of Calcutta, Madras and Bombay, and in any other town which the State Government may specify by notification in the Official Gazette
cOnly where the deposit is accompanied by a registered memorandum
dOnly between a bank and its customer
Answer: B
Section 58(f) confines a mortgage by deposit of title-deeds to the towns of Calcutta, Madras and Bombay and any other town notified by the State Government; delivery of title documents with intent to create security suffices, and registration is not mandatory.
Under Section 105 of the Transfer of Property Act, 1882, in a lease of immovable property the price paid or promised is called the "premium", and the money, share of crops, service or other thing of value to be rendered periodically or on specified occasions to the transferor is called:
aThe rent
bThe mesne profit
cThe premium
dThe consideration
Answer: A
Section 105 defines a lease and its terms: the transferor is the lessor, the transferee the lessee, the price is the premium, and the periodic payment in money, crops, service, etc., is the rent.
Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made:
aBy an unregistered instrument signed by the lessee alone
bOnly by a registered instrument
cOnly by a notarised instrument
dBy an oral agreement accompanied by delivery of possession
Answer: B
Section 107 requires that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent be made only by a registered instrument; other leases may be made by a registered instrument or by oral agreement accompanied by delivery of possession.
Under Section 14(1) of the Hindu Succession Act, 1956, property possessed by a female Hindu, whether acquired before or after the commencement of the Act, is held by her as:
aA limited owner only
bA full owner and not as a limited owner
cA trustee for the heirs of her husband
dA life estate holder
Answer: B
Section 14(1) converts the limited estate of a female Hindu into absolute ownership, declaring that any property possessed by her shall be held as full owner and not as a limited owner.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a daughter's coparcenary right under the amended Section 6 of the Hindu Succession Act, 1956:
aAccrues by birth, and it is immaterial whether the father coparcener was living on the date of the 2005 amendment
bDepends on whether the daughter was unmarried on the date of the amendment
cIs available only to daughters born after 9 September 2005
dArises only if the father was alive on 9 September 2005
Answer: A
Vineeta Sharma v. Rakesh Sharma (2020) held that coparcenary right is by birth, so a daughter becomes a coparcener whether or not the father was alive on 9 September 2005, overruling the contrary view in Prakash v. Phulavati.
Section 23 of the Hindu Succession Act, 1956, which restricted a female heir's right to claim partition of a dwelling-house wholly occupied by the joint family, was:
aRetained unchanged after 2005
bSubstituted with a new provision in 2005
cStruck down by the Supreme Court as unconstitutional
dOmitted by the Hindu Succession (Amendment) Act, 2005
Answer: D
Section 23, which disentitled a female heir from seeking partition of the family dwelling-house until the male heirs chose to divide, was omitted by the Hindu Succession (Amendment) Act, 2005, removing that gender-based restriction.
Under Section 8 of the Hindu Succession Act, 1956, on the failure of all Class I and Class II heirs, the property of a male Hindu dying intestate devolves:
aUpon the State by escheat directly
bUpon the agnates of the deceased, and thereafter upon the cognates
cUpon the cognates of the deceased, and thereafter upon the agnates
dEqually between agnates and cognates
Answer: B
Section 8 prescribes the order: Class I heirs, then Class II heirs, then agnates, and lastly cognates; agnates therefore take in preference to cognates.
Under Section 15(1) of the Hindu Succession Act, 1956, in the absence of any son, daughter or husband, the general property of a female Hindu dying intestate devolves firstly upon:
aThe mother and father
bThe brothers and sisters
cThe heirs of the husband
dThe heirs of the father
Answer: C
Under the general scheme of Section 15(1), where the female leaves no sons, daughters (or their children) or husband, the property devolves secondly upon the heirs of the husband before reaching the mother and father.
Under Section 25 of the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder:
aInherits the property but holds it in trust for other heirs
bIs disqualified only if convicted by a competent criminal court
cIs disqualified from inheriting the property of the person murdered or any property in furtherance of which the murder was committed
dInherits the property subject to a reduced share
Answer: C
Section 25 disqualifies a murderer or abettor of murder from inheriting the property of the person murdered, or any other property in furtherance of the succession to which the murder was committed.
A 'contract of guarantee' under Section 126 of the Indian Contract Act, 1872 involves how many parties?
aTwo: indemnifier and indemnity-holder
bTwo: surety and creditor only
cFour: creditor, debtor, surety and co-surety
dThree: creditor, principal debtor and surety
Answer: D
Section 126 defines a contract of guarantee as a contract to perform the promise or discharge the liability of a third person on his default, involving three parties, the surety, the principal debtor and the creditor.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is, under Section 124 of the Indian Contract Act, 1872, a contract of:
aIndemnity
bGuarantee
cAgency
dBailment
Answer: A
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or any other person. It is a two-party contract.
Delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering them, is defined under Section 148 of the Indian Contract Act, 1872 as:
aBailment
bHypothecation
cPledge
dLien
Answer: A
Section 148 defines bailment as the delivery of goods by one person (the bailor) to another (the bailee) for some purpose, upon a contract that they be returned or disposed of per the bailor's directions once the purpose is accomplished.
Where a person lawfully does something for another, not intending to act gratuitously, and the other enjoys the benefit thereof, the latter is bound to make compensation. This obligation arises under:
aSection 68 of the Indian Contract Act, 1872
bSection 73 of the Indian Contract Act, 1872
cSection 70 of the Indian Contract Act, 1872
dSection 72 of the Indian Contract Act, 1872
Answer: C
Section 70 deals with the obligation of a person enjoying the benefit of a non-gratuitous act. The three conditions are: the act is done lawfully, not intended to be gratuitous, and the other person enjoys the benefit.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful where:
aIt is forbidden by law, or would defeat the provisions of any law, or is fraudulent or immoral
bOnly where it amounts to an offence under the penal law
cIt is uncertain but capable of being made certain
dIt is merely inadequate in value
Answer: A
Section 23 lists when consideration or object is unlawful: when forbidden by law, when it would defeat the provisions of any law, when fraudulent, when it involves injury to person or property, or when the Court regards it as immoral or opposed to public policy. Every such agreement is void.
Under the rule in Section 73 of the Indian Contract Act, 1872, the compensation recoverable for breach of contract does NOT include:
aLoss naturally arising in the usual course of things from the breach
bAny remote and indirect loss or damage sustained by reason of the breach
cLoss which the parties knew, when they made the contract, to be likely to result from the breach
dLoss caused by the breach for which a means of remedying the inconvenience was reasonably available
Answer: B
Section 73 expressly excludes compensation for any remote and indirect loss or damage sustained by reason of the breach, embodying the remoteness rule. It allows loss arising naturally and loss within the parties' contemplation.
Under Section 30 of the Indian Contract Act, 1872, agreements by way of wager are:
aValid only if registered
bVoidable at the option of the loser
cVoid, and no suit shall be brought for recovering anything alleged to be won on any wager
dValid and enforceable
Answer: C
Section 30 declares agreements by way of wager void, and bars any suit for recovering anything won on a wager or entrusted to abide the result of any game or uncertain event on which a wager is made.
Which of the following was newly inserted in the Specific Relief Act, 1963 by the Specific Relief (Amendment) Act, 2018, empowering the court to engage one or more experts to assist it on any specific issue in a suit?
aSection 21A
bSection 12A
cSection 14A
dSection 9A
Answer: C
Section 14A, inserted by the 2018 Amendment, empowers the court to engage one or more experts to report on a specific issue; such report forms part of the record of the suit.
Under the substituted Section 16 of the Specific Relief Act, 1963 (after the 2018 Amendment), a plaintiff seeking specific performance must, with respect to the essential terms of the contract:
aNeither plead nor prove readiness and willingness
bEstablish that the contract was wholly determinable
cProve readiness and willingness only of the defendant
dProve that he has performed or has always been ready and willing to perform his part
Answer: D
Amended Section 16(c) requires the plaintiff to prove that he has performed or has always been ready and willing to perform the essential terms of the contract; the earlier mandatory averment requirement was relaxed to a requirement to prove.
Where a contract is broken due to non-performance, the party who suffers the breach may obtain substituted performance through a third party or his own agency and recover costs from the party in breach under Section 20 of the Specific Relief Act, 1963, but only after giving notice in writing of:
aNot less than thirty days
bNot less than sixty days
cNot less than ninety days
dNot less than fifteen days
Answer: A
Section 20 (inserted by the 2018 Amendment) permits substituted performance only after the aggrieved party gives the party in breach a written notice of not less than thirty days.
Which Section, inserted by the Specific Relief (Amendment) Act, 2018, bars the grant of an injunction in a suit involving a contract relating to an infrastructure project where granting it would cause impediment or delay in the progress or completion of the project?
aSection 38
bSection 41
cSection 9A
dSection 20A
Answer: D
Section 20A, inserted by the 2018 Amendment, prohibits the court from granting an injunction in a suit concerning an infrastructure project contract where it would impede or delay the project's progress or completion.
Under Section 20C of the Specific Relief Act, 1963 (inserted by the 2018 Amendment), a suit filed under the provisions of the Act shall be disposed of by the court within:
aThree years from the date of service of summons
bTwo years from the date of institution of the suit
cSix months from the date of service of summons, extendable by three months
dTwelve months from the date of service of summons on the defendant, extendable by not more than six months in aggregate
Answer: D
Section 20C requires disposal within twelve months from the date of service of summons on the defendant, extendable by the court for a period not exceeding six months in aggregate after recording reasons.
Under Section 28 of the Registration Act, 1908, a document affecting immovable property must be presented for registration in the office of the Sub-Registrar within whose sub-district:
aThe document was executed
bEither the executant or the claimant resides
cThe whole or some portion of the property to which the document relates is situate
dThe executant ordinarily resides
Answer: C
Section 28 requires such documents to be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situate.
A document required by Section 17 of the Registration Act, 1908 to be registered, but which is not registered, shall under Section 49:
aAffect the immovable property but not be admissible in evidence
bBe admissible in evidence but not affect the immovable property
cNot affect any immovable property comprised therein nor be received as evidence of any transaction affecting such property
dBe void and incapable of being used for any purpose whatsoever
Answer: C
Section 49 provides that such an unregistered document shall not affect any immovable property comprised therein, confer any power to adopt, or be received as evidence of any transaction affecting such property, subject to the proviso permitting its use as evidence of a contract in a suit for specific performance or of a collateral transaction.
Section 17(1A) of the Registration Act, 1908, inserted by the Amendment Act of 2001, makes compulsorily registrable a document containing a contract to transfer immovable property for consideration for the purpose of:
aSection 52 of the Transfer of Property Act, 1882 (lis pendens)
bSection 54 of the Transfer of Property Act, 1882 (sale)
cSection 53A of the Transfer of Property Act, 1882 (doctrine of part performance)
dSection 55 of the Transfer of Property Act, 1882 (rights of buyer and seller)
Answer: C
Section 17(1A) requires such contracts of transfer to be registered; if unregistered, they have no effect for the purpose of Section 53A of the Transfer of Property Act, restoring the rule that part performance cannot be claimed on an unregistered agreement.
In Suraj Lamp & Industries (P) Ltd. v. State of Haryana, AIR 2012 SC 206, the Supreme Court held that a transfer of immovable property by way of a Sale Agreement / General Power of Attorney / Will (SA/GPA/WILL) transaction:
aConveys equitable title which is enforceable against third parties
bDoes not convey title and is not a valid mode of transfer; title can pass only through a registered deed of conveyance
cIs valid provided the agreement to sell is registered
dConveys valid title if the GPA is duly notarised
Answer: B
The Supreme Court held that SA/GPA/WILL transactions do not convey title or amount to a transfer; immovable property can be lawfully transferred only by a registered deed of conveyance.
In N. Balakrishnan v. M. Krishnamurthy, AIR 1998 SC 3222, the Supreme Court laid down that in condoning delay under Section 5 of the Limitation Act, 1963:
aThe length of the delay is the decisive factor
bDelay exceeding one year can never be condoned
cLength of delay is immaterial; acceptability of the explanation is the only criterion
dThe Court must record reasons in writing only where delay exceeds 90 days
Answer: C
In N. Balakrishnan the Court condoned a delay of 883 days, holding that the length of delay is no matter and that the acceptability of the explanation is the only criterion for exercising discretion under Section 5.
In computing the period of limitation for an appeal or an application for leave to appeal or for revision or review of a judgment, Section 12(2) of the Limitation Act, 1963 directs the exclusion of:
aOnly the time taken by the Court in preparing the decree
bOnly the day on which the judgment complained of was pronounced
cThe entire period during which the appellant's advocate was on leave
dThe day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order
Answer: D
Section 12(2) excludes both the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed.
Section 14 of the Limitation Act, 1963 (exclusion of time of proceeding bona fide in a Court without jurisdiction) requires that the earlier proceeding must have been prosecuted:
aWith due diligence and in good faith, in a Court unable to entertain it for defect of jurisdiction or other like cause
bOnly in a criminal Court before the institution of the civil suit
cIn any forum, irrespective of good faith, so long as it related to the same matter
dNegligently, but in a Court of competent jurisdiction
Answer: A
Section 14 excludes time spent in a prior civil proceeding founded on the same cause of action only where that proceeding was prosecuted with due diligence and in good faith in a Court which, from defect of jurisdiction or other like cause, was unable to entertain it.
Under Section 18 of the Limitation Act, 1963, an acknowledgment of liability, in order to furnish a fresh period of limitation, must be:
aIn writing and signed, made before the expiration of the prescribed period
bRegistered, irrespective of the time when it is made
cIn writing, but may be signed and made even after the period has expired
dOral, and made before any disinterested witness
Answer: A
Section 18 requires that the acknowledgment of liability in respect of the property or right be in writing and signed by the party (or his agent), and be made before the expiration of the prescribed period; a fresh period then runs from the time of signing.
An easement may be imposed by any person, under Section 8 of the Indian Easements Act, 1882, in the circumstances and to the extent in and to which he may:
aMortgage the dominant heritage
bTransfer his interest in the heritage on which the liability is to be imposed
cTake possession of the servient heritage
dEnjoy the dominant heritage as owner
Answer: B
Section 8 provides that an easement may be imposed by anyone in the circumstances and to the extent in and to which he may transfer his interest in the heritage on which the liability is to be imposed.
Under Section 12 of the Indian Easements Act, 1882, one of two or more co-owners of immovable property may, as such:
aAcquire an easement for the beneficial enjoyment of such property, with or without the consent of the other co-owners
bNever acquire an easement so long as the property remains undivided
cAcquire an easement only with the consent of all the other co-owners
dAcquire an easement only after a decree of partition
Answer: A
Section 12 expressly permits one of two or more co-owners, as such, to acquire an easement for the beneficial enjoyment of the property, with or without the consent of the other co-owners.
The provision dealing with easements of necessity and quasi-easements arising on a transfer, bequest or partition of immovable property is contained in which section of the Indian Easements Act, 1882?
aSection 12
bSection 13
cSection 15
dSection 11
Answer: B
Section 13 of the Indian Easements Act, 1882 deals with easements of necessity and quasi-easements arising on the transfer, bequest or partition of immovable property.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, the cause of action to prosecute the drawer arises only when the drawer fails to make payment of the cheque amount:
aWithin fifteen days of the receipt of the said notice
bWithin seven days of the receipt of the demand notice
cWithin thirty days of the receipt of the said notice
dWithin one month of the dishonour of the cheque
Answer: A
Clause (c) of the proviso to Section 138 requires the drawer to pay within fifteen days of receipt of the demand notice; the offence is complete, and the cause of action arises, only on failure to pay within that period.
The maximum punishment of imprisonment that may be imposed for an offence under Section 138 of the Negotiable Instruments Act, 1881 is:
aThree years
bOne year
cTwo years
dSix months
Answer: C
Section 138 provides that the drawer may be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint in respect of an offence under Section 138 must be made within one month of the date on which the cause of action arises under:
aClause (c) of the proviso to Section 138
bClause (b) of the proviso to Section 138
cClause (a) of the proviso to Section 138
dSection 141 of the Act
Answer: A
Section 142(1)(b) requires the complaint to be filed within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138, that is, on the drawer's failure to pay within fifteen days of the notice; the court may condone delay on sufficient cause being shown.
Under Section 32(2) of the Protection of Women from Domestic Violence Act, 2005, upon what material may the Court conclude that an offence under Section 31(1) has been committed by the accused?
aOnly upon documentary evidence of the breach
bOnly upon the report of the Protection Officer
cOnly upon corroborated testimony of two independent witnesses
dUpon the sole testimony of the aggrieved person
Answer: D
Section 32(2) provides that upon the sole testimony of the aggrieved person, the Court may conclude that an offence under Section 31(1) has been committed by the accused.
An appeal against an order of the Rent Controller under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 must be preferred, in writing, within:
asixty days from the date of the order
bforty-five days from the date of communication of the order
cninety days from the date of the order
dthirty days from the date of the order
Answer: D
Section 20 requires an aggrieved person to prefer the appeal within thirty days of the order, excluding the time taken to obtain a certified copy.
Under Section 20 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, the appellate authority over orders of the Controller, in the cities of Hyderabad and Secunderabad, is the:
aCollector of the district
bPrincipal District Judge
cChief Judge of the Court of Small Causes
dHigh Court of Andhra Pradesh
Answer: C
Section 20 designates the Chief Judge, Court of Small Causes for Hyderabad and Secunderabad, and the Subordinate (Principal Senior Civil) Judge having original jurisdiction elsewhere, as the appellate authority.
Under Section 24 of the Advocates Act, 1961, the minimum age required for a person to be admitted as an advocate on a State roll is that he must have completed:
aEighteen years of age
bTwenty years of age
cTwenty-one years of age
dTwenty-five years of age
Answer: C
Section 24(1)(a) of the Advocates Act, 1961 requires that a person must have completed the age of twenty-one years to be qualified for admission as an advocate on a State roll.
A person is found in unauthorised occupation of assessed Government land under the A.P. Land Encroachment Act, 1905. Apart from the assessment payable under Section 3, what is the maximum penalty leviable under Section 5 in respect of such assessed land?
aA sum not exceeding five rupees, or where ten times the annual assessment exceeds five rupees, a sum not exceeding ten times such assessment
bA sum not exceeding ten rupees, or twenty times such assessment
cA sum not exceeding fifty times the annual assessment
dA flat penalty of one thousand rupees
Answer: A
Section 5(i) makes an unauthorised occupier of assessed land liable, in addition to assessment, to a penalty not exceeding five rupees or, where ten times the annual assessment exceeds five rupees, up to ten times such assessment. The higher 'twenty times' limit applies only to unassessed land under Section 5(ii).
Which of the following is NOT included within the definition of 'liquor' under Section 2(21) of the A.P. Excise Act, 1968?
aEvery liquid consisting of or containing alcohol
bBhang, siddi or ganja
cToddy and beer
dDenatured spirits and rectified spirits
Answer: B
Section 2(21) defines 'liquor' to include spirits of wine, denatured/methylated/rectified spirits, wine, beer, toddy and every liquid containing alcohol. Bhang, siddi and ganja fall under 'intoxicating drug' in Section 2(20), not liquor.
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