Andhra Pradesh Judiciary — Prelims 2011
Under which provision of the C.P.C., is a suit to set-aside a decree on the ground of lack of territorial jurisdiction barred?
- aSection -21;
- bh) Section - 21 -A;
- cSection - 22;
- dSection - 37.
Answer & solution
Correct answer: A
Section 21 CPC bars objections as to territorial jurisdiction unless raised at the earliest opportunity in the trial court; a suit to set aside a decree on the ground of lack of territorial jurisdiction is thus barred under Section 21.
Attachment before judgement in a suit dismissed for default/non- prosecution revives automatically on the restoration of a suit.
- aTrue;
- bPartly true;
- cFalse;
- dNone of the above.
Answer & solution
Correct answer: A
On restoration of a suit dismissed for default, the suit is revived in its original position, and the attachment before judgment that lapsed on dismissal revives automatically along with the restoration. Hence true.
Which final judgement, order or decree of a Competent Court, among.The following is a judgement in rem?
- ain a money suit;
- bin a suit for permanent injunction;
- cin exercise of matrimonial or insolvency jurisdiction;
- dnone of the above.
Answer & solution
Correct answer: C
A judgment in rem binds the whole world. Judgments in exercise of matrimonial (e.g. status/marriage), probate, admiralty and insolvency jurisdiction are judgments in rem under Section 41 of the Evidence Act.
In civil proceedings where a decree is silent as regards future interest; future interest shall be deemed to have been refused and a separate suit shall not lie:
- atrue;
- bfalse;
- cpartly true;
- dnone of the above.
Answer & solution
Correct answer: A
Under Order 20 Rule 11/Order 34 and settled law, where a decree is silent as to future interest, it is deemed refused (CPC Section 34 proviso treats silence on interest after decree as refusal), and a separate suit for it will not lie. Hence true.
A transfer of immovable property made with the intent to defeat or delay the creditors of the transferor shall be :
- avoid;
- bvoidable at the discretion of the Court;
- cvoidable at the option of any creditor so defeated or delayed;
- dall the above.
Answer & solution
Correct answer: C
Section 53(1) of the Transfer of Property Act: a transfer of immovable property made with intent to defeat or delay creditors is voidable at the option of any creditor so defeated or delayed.
Right to redeem a mortgage can be enforced by following:
- aa suit for redemption of the mortgage;
- ba suit for possession of the mortgaged property;
- ca suit for declaration that the mortgage property is redeemed;
- da suit for cancellation of ihe mortgage.
Answer & solution
Correct answer: A
The right to redeem (Section 60 TPA) is enforced by a suit for redemption of the mortgage.
An casement is extinguished:
- aonly when either the dominant or die servient heritage is completely destroyed;
- bonly when the same person becomes entitled to the absolute ownership of the whole of the dominant nnd servient heritages;
- cboth (a) & (b);
- dneither (a) nor (b).
Answer & solution
Correct answer: C
Under Section 37 of the Indian Easements Act, an easement is extinguished both when the dominant or servient heritage is completely destroyed and when the same person becomes absolute owner of both heritages (unity of ownership, Section 45). Hence both (a) and (b).
An instrument stating I promise to pay the bearer the sum of rupees five hundred guaranteed by the Central Government and signed by the Governor of the Reserve Bank of India is:
- aa cheque issued by the Central Government,
- ba promissory note;
- ca currency note;
- dboth (b) or (c).
Answer & solution
Correct answer: C
A note promising to pay the bearer a sum, guaranteed by the Central Government and signed by the RBI Governor, is a currency note; it is expressly excluded from being a promissory note under the Negotiable Instruments Act.
Aditya threatens to publish defamatory statement concerning Anand, unless he is given money What is the offence committed by Aditya?
- aExtortion,
- bTheft;
- cCriminal intimidation; J
- dMisrepresentation.
Answer & solution
Correct answer: A
Putting a person in fear of injury (including injury to reputation by defamation) to dishonestly induce delivery of money is extortion under Section 383 IPC; this is the textbook illustration of extortion.
Which one of the following is correct?
- aA person summoned to produce a document becomes a witness by mere fact that he produces it.
- bA person summoned to produce a document becomes a witness by mere fact that he produces it and can he cross examined without calling him as witness.
- cA person summoned to produce a document docs not become a witness by the mere fact that he produces it, and cannot be cross examined unless and until he is called as a witness.
- dNone of the above,
Answer & solution
Correct answer: C
Section 139 of the Indian Evidence Act: a person summoned merely to produce a document does not thereby become a witness and cannot be cross-examined unless and until he is called as a witness.
A gives B a receipt for money paid by B. Oral evidence is offered to prove the non-payment.
- aThe evidence is admissible.
- bb} The evidence is not admissible.
- cSection 90 of the Indian Evidence Act deals with this aspect,
- dNone of the above.
Answer & solution
Correct answer: A
Proviso (1) to Section 92 of the Evidence Act allows oral evidence to show want or failure of consideration; oral evidence to prove non-payment despite a receipt is therefore admissible.
The right of the villagers of a particular village to use the water of a particular well is a general custom or right within the meaning of one of the following Sections of the Indian Evidence Act.
- a48
- b47A
- c114
- dNone of the above.
Answer & solution
Correct answer: A
Section 48 of the Indian Evidence Act deals with opinion as to existence of a general custom or right; the illustration is the verbatim example of villagers' right to use the water of a particular well.
The good faith of a sale by a client to an attorney is in question in a suit brought by the client.
- aThe burden of proving the good faith of the transaction is on the attorney,
- bThe burden of proving the good faith of the transaction is on the client.
- cBoth a) and b).
- dNone of the above,
Answer & solution
Correct answer: A
Section 111 of the Evidence Act (good faith in transactions where one party is in a position of active confidence): the burden of proving good faith of the sale by a client to his attorney lies on the attorney.
In a suit for recovery of possession by the Government who will sign the plaint.
- aThe Chief Secretary to the Government.
- bThe District Collector.
- cThe Governor of the State.
- dThe Person nominated by the Government.
Answer & solution
Correct answer: D
Under Order 27 Rule 1 CPC, plaints in suits by or against the Government are signed by a person appointed/authorised by the Government (Government Pleader or nominated officer), not the Governor or a fixed officer.
After completion of the trial, the judge pronounced the judgment but did not sign the decree and he is transferred. Then
- aThe decree prepared can be signed by the newly posted Judge,
- bThe decree prepared is sent for the approval of the High Court.
- cThe decree is sent for signature to the Court to which the trial Court is sub-ordinate.
- dThe new Judge has to rehear the arguments in the suit.
Answer & solution
Correct answer: A
Under Order 20 Rule 7 and Section 33 CPC read with the rule that the decree follows the judgment, where the judge who pronounced judgment is transferred before signing the decree, the successor judge can sign the decree drawn up in accordance with the judgment; rehearing is unnecessary.
In a suit for recovery of money based under mortgage interest is awarded to lhe plaintiff
- aOn the principle amount found due on the mortgage.
- bOn the value of the mortgage property.
- cOnly on the cost of lhe suit awarded.
- dd} None of the above.
Answer & solution
Correct answer: A
In a mortgage money/recovery suit, interest is awarded on the principal amount found due on the mortgage (Order 34 CPC; Section 34).
A proposes, by letter sent by post, to sell his house to B. The proposal of A is accepted by B bv letter sent by post. When can A revoke his proposal?
- aA may revoke proposal after B sent letter of acceptance by post
- bA can revoke proposal at any time before B sent letter of acceptance;
- cBoth (a) and (b) are correct
- dNone of the above
Answer & solution
Correct answer: B
Section 5 of the Contract Act: a proposal may be revoked any time before the communication of acceptance is complete as against the proposer, i.e. before B posts the letter of acceptance. Hence A can revoke before B sends the acceptance.
Ramaiah and Laxmaiah jointly owe Rs. 10,000/- to Sattaiah. Ramaiah pays the amount to Sattaiah. Laxmaiah not knowing this fact again pays Rs 10,000/- to Sattaish. In law he is bound to repay the amount to Laxmaiah. Which provision of Indian Contract Act 1872, contains the principle?
- aSection 73.
- bSection 83.
- cSection 93.
- dSection 72.
Answer & solution
Correct answer: D
Section 72 of the Indian Contract Act: a person to whom money has been paid by mistake or under coercion must repay it. Sattaiah, having been paid twice, must repay Laxmaiah under Section 72.
In a suit for specific performance of agreement of sale of immovable property, rhe plaintiff must aver and prove the following
- aThat plaintiff paid entire sale consideration
- bThat plaintiff obtained clearance from all authorities
- cThat plaintiff obtained encumbrance certificate
- dd| That plaintiff is ready and willing to perform his part of contract
Answer & solution
Correct answer: D
In a suit for specific performance, Section 16(c) of the Specific Relief Act requires the plaintiff to aver and prove that he is ready and willing to perform his part of the contract.
Saroja was granted government land. She was dispossessed without her consent. She instituted suit against the government under Section 6 of Specific Relief Act, 1963, for recovering possession of the property. The court rejected the plaintiff under Order VII Rule 11(d) of CPC. Whether rejection is proper?
- aYes, because suit under Section 6 against the government would not lie,
- bRejection of plaint is Improper
- cPlaintiff must be given opportunity to rectify the mistakes
- dNone of the above
Answer & solution
Correct answer: B
A Section 6 Specific Relief Act suit for possession lies against any dispossession otherwise than by due course of law, and bars even a suit against the Government from being thrown out on that count; Section 6 expressly excludes suits against the Government for the special summary remedy. Given the dispossession was wrongful and the plaint discloses a Section 6 cause of action, rejection under Order 7 Rule 11(d) is improper.
An universal donee gets
- aThe ownership of whole property
- bThe whole property and donor’s property- in litigation
- cDonor’s property end liabilities of the donor in respect of all Lhc debts due
- dOnly the right to perform last rites
Answer & solution
Correct answer: C
Section 128 of the Transfer of Property Act: a universal donee (donee of the whole property of the donor) is personally liable for all the debts and liabilities of the donor due at the time of the gift, to the extent of the property received.
When proper Court fees is not paid by the plaintiff, the Court shall
- aReject the plaint
- bShall grant time to the plaintiff to pay the deficit. Court fees
- cThe Court shall send a report to the government
- dNone of the above
Answer & solution
Correct answer: B
Under Section 149/Order 7 Rule 11(c) CPC read with the Court Fees Act, the court must grant time to make good the deficit court fee before rejecting the plaint; outright rejection without granting time is improper.
The following two documents require attestation and registration
- aMarriage contract and divorce contract
- bIndemnity bond and warranty
- cMortgage deed and exchange deed
- dDevelopment agreement and sale agreement
Answer & solution
Correct answer: C
Under the Transfer of Property Act, a mortgage deed (other than by deposit of title deeds, for principal of Rs.100 or upwards) must be attested by two witnesses and registered; both mortgage and exchange deeds of immovable property require registration. Hence mortgage deed and exchange deed is the correct pair.
A petition for review of judgement would lie only when
- aThe person portly obeyed the judgement
- bDeposits entire decretal amount
- cAn appeal is allowed hy CPC but no appeal has been preferred
- dLeave of the Court is obtained for filing review
Answer & solution
Correct answer: C
Under Section 114 and Order 47 Rule 1 CPC, a review lies, among other grounds, where an appeal is allowed by the Code but no appeal has been preferred. (Leave of court is not a precondition for filing review.)
Representative Suit under Order 1 Rule 8 of CPC may be permitted by the Court when
- aNumerous persons arc parties in another suit
- bNumerous persons belong Lo the same family
- cNumerous persons have the same interest in one suit
- dNone of the above
Answer & solution
Correct answer: C
Order 1 Rule 8 CPC permits a representative suit where numerous persons have the same interest in one suit; one or more may sue or be sued on behalf of all such interested persons with the court's permission.
In a suit for payment of money, the Court may pass instalment decree
- aWhen defendant admits the claim
- bAt the time of passing decree or thereafter before execution petition,
- cAt execution stage
- dAt the time of sale of property
Answer & solution
Correct answer: B
Under Order 20 Rule 11 CPC, the court may direct payment of a money decree by instalments at the time of passing the decree, or afterwards (with consent or on application) before execution. Option (b) best captures this timing.
The expression spes successionis means
- aNo chance of succession
- bMere chance or hope of succession
- cAbsolute succession
- dNone of the above
Answer & solution
Correct answer: B
Spes successionis means a mere chance or expectation of succeeding to property; under Section 6(a) of the Transfer of Property Act such a bare expectancy cannot be transferred.
What is the limitation for filing a suit for recovery of arrears of rent?
- athree years from the date the arrears become due
- bthree years from the date when the notice is given
- cthree years from the date when the demand for rent is made
- dNone of the above
Answer & solution
Correct answer: A
Under Article 52 of the Limitation Act, 1963, a suit for arrears of rent is barred after three years computed from the date when the arrears became due.
Can the right of free passage of air over an open space or ground be acquired by prescription?
- aYes
- bNo
- cin certain circumstances alone
- dNone of the above
Answer & solution
Correct answer: B
Under Section 15 of the Indian Easements Act, the right to free passage of air to an open space/ground cannot be acquired by prescription (only access and use of light or air to and for a building can be so acquired); hence the answer is No.
One of the following is not a ground for divorce, under Section 13 of the Hindu Marriage Act, 1955?
- aAdultery
- bcruelty
- cdesertion
- dirretrievable breakdown of marriage
Answer & solution
Correct answer: D
Adultery, cruelty and desertion are grounds for divorce under Section 13 of the Hindu Marriage Act, 1955; irretrievable breakdown of marriage is not a statutory ground.
If a right to sue survives, will [he suit be abated by a party’s death?
- aYes
- bNo
- cIf the opposite party agrees
- dNone of the above
Answer & solution
Correct answer: B
Under Order 22 Rule 1 CPC, the death of a party does not cause the suit to abate where the right to sue survives; hence No.
Under the Protection of Women from Domestic Violence Act, 2005, one of the following reliefs cannot be claimed, hy a woman.
- aa} divorce
- bprotection
- cmonetary
- dresidence
Answer & solution
Correct answer: A
The Protection of Women from Domestic Violence Act, 2005 provides protection, residence, monetary, custody and compensation orders, but does not grant divorce; divorce cannot be claimed under it.
A judgement contains
- aConcise statement of the case
- bthe decision on the point of determination and the reason thereof
- cthe point for determination
- dall the above
Answer & solution
Correct answer: D
Under Order 20 Rule 4(2) CPC, a judgment must contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision; hence all the above.
“Quantum meruit" means
- athe amount involved
- bextent and quality
- cto the extent of the work done*
- dnone of the above
Answer & solution
Correct answer: C
Quantum meruit literally means 'as much as earned/deserved', i.e., payment to the extent of the work actually done.
A contract of life insurance falls under the category of
- a(a) Contract of indemnity
- b(b) Contract of guarantee
- c(c) Contingent contract
- d(d) None of the above.
Answer & solution
Correct answer: D
A life insurance contract is neither an indemnity contract nor a contingent contract in the proper sense (life/death being certain), and it is not a guarantee; it is sui generis, so None of the above.
A woman with an intention of committing suicide by throwing herself in a Well, actually ran towards il, but changed her mind on the way and returned home. Her act constitutes —
- aAn offence under Section 306 J.P.C;
- bbj An offence under Section 309 I.P.C
- cAn offence under Section 306 read with 511 I.P.C
- dNo offence.
Answer & solution
Correct answer: D
Mere preparation to commit suicide, abandoned before any act amounting to an attempt, does not constitute an offence under Section 309 IPC (which requires an attempt); changing her mind on the way means no offence.
A died leaving behind him, son’s daughter’s son, son's daughter's daughter, daughter’s son's son and daughter’s son’s daughter. The property of A will devolve upon.
- aSon’s daughter’s son and daughter s son’s son
- bSon’s daughter’s daughter and daughter son’s daughter
- cSon’s daughter's son and son’s daughter's daughter
- dDaughter’s son’s son and daughter’s son's daughter
Answer & solution
Correct answer: A
Among these descendants in the male line, son's daughter's son and daughter's son's son are sons of daughters of sons/daughters and qualify as heirs of nearer/preferred degree among the agnates/cognates listed; the property devolves on son's daughter's son and daughter's son's son.
Who is guardian at litem?
- aA person appointed by the Court to take legaL action on behalf of a minor
- bGuardian of the child
- cStep father of the child
- dNone of the above.
Answer & solution
Correct answer: A
A guardian ad litem is a person appointed by the court to defend or take legal action on behalf of a minor (or person under disability) in a particular suit.
What is the distinction between injunction order and attachment order?
- aThere is no distinction; both are one and the same.
- bInjunction order binds not only the parties to the suit hut also third parties and whereas attachment order binds only parties to the suit;
- cInjunction order binds only the parties to the suit and whereas attachment order not only binds the parties to Lhe suit but also the third parties;
- dNone of the above.
Answer & solution
Correct answer: C
An injunction operates in personam binding only the parties to the suit, whereas an attachment binds the property and operates against all persons including third parties claiming under the judgment-debtor (Section 64 CPC).
Questions that can be determined by the Court executing the decree is:
- arelating to execution, alone;
- brelating to discharge alone;
- crelating to paft-payment alone;
- drelating to execution, discharge or satisfaction.
Answer & solution
Correct answer: D
Under Section 47 CPC, all questions arising between the parties relating to the execution, discharge or satisfaction of the decree are determined by the executing court.
Section 89 of the Code of Civil Procedure relates to -
- asupplemental proceeding in a suit;
- bsuits by indigent persons;
- cexecution of decree;
- dsettlement of disputes outside the court.
Answer & solution
Correct answer: D
Section 89 CPC provides for settlement of disputes outside the court (arbitration, conciliation, mediation, judicial settlement including Lok Adalat).
What is the meaning of restitution? (Section 144 C.P.C.).
- adispossessing a person in occupation of suit property;
- bre-adjudication of the claim;
- crestoration of suit;
- drestoring to a party on the modification, variation or reversal or decree.
Answer & solution
Correct answer: D
Restitution under Section 144 CPC means restoring to a party the benefits lost on the variation, modification or reversal of a decree, placing the parties in the position they would have occupied but for the erroneous decree.
If no time is prescribed in the order for carrying out amendment, what is the period within which amendment is to be carried out under Order 6 Rule 18 of the Civil Procedure Code?
- a30 days;
- bbj 14 days;
- c60 days;
- d45 days.
Answer & solution
Correct answer: B
Under Order 6 Rule 18 CPC, where the order does not fix a time, the amendment must be carried out within fourteen days from the date of the order; hence 14 days.
Assistant Sessions Judge is empowered to pass sentence of imprisonment for a term not exceeding: -
- afive years;
- bten years;
- cthree years;
- dseven years.
Answer & solution
Correct answer: B
Under Section 28(2) Cr.P.C., an Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death, life imprisonment, or imprisonment exceeding ten years.
What is enunciated in Section 52 of the Transfer of Property Act?
- aeffect of Lis pendens;
- bfraudulent transfer;
- cpart performance;
- dtransfer by co-sharer,
Answer & solution
Correct answer: A
Section 52 of the Transfer of Property Act enacts the doctrine of lis pendens, barring transfer of property during pending litigation so as to affect the rights of other parties under the decree.
The proposition of law laid down in Tulasamma v. Sesha Reddy [AIR 1977 SC 1944} relates to—
- aessential ingredients of gift deed;
- bessential ingredients of will deed;
- cright of a female Hindu under subsections (I) fit. (2) of Section 14 of the Hindu Succession Act;
- dRight of a reversioner.
Answer & solution
Correct answer: C
V. Tulasamma v. Sesha Reddy (AIR 1977 SC 1944) authoritatively explains the interplay of Section 14(1) and 14(2) of the Hindu Succession Act, holding that property given to a Hindu widow in recognition of her pre-existing right to maintenance enlarges into absolute ownership under Section 14(1).
To constitute adverse possession, possession must be —
- afor a longer period;
- bwithout paying any rent to the owner;
- cwith the permission of the owner;
- dopen and hostile enough to the parties interested in the property.
Answer & solution
Correct answer: D
Adverse possession must be open, continuous, hostile and to the knowledge of the true owner; mere long possession or non-payment of rent is insufficient. Option (d) states the essential requirement.
Under the Hindu Succession Act, 1956 in the esse of intestate succession of a male Hindu father is
- aClass-I heir;
- bClass-lJ heir;
- cSpecial grade heir;
- dClass-til heir.
Answer & solution
Correct answer: B
In intestate succession to a male Hindu under the Hindu Succession Act, 1956, the father is a Class-II heir (the mother is a Class-I heir, but the father is not).
For a suit for possession of immovable property based on title, period of limitation is
- aq) 12 years from the date of dispossession;
- b12 years from the date of threat of dispossession;
- c12 years from the date when possession of the defendant becomes adverse to the plaintiff,
- dNone of the above.
Answer & solution
Correct answer: C
Under Article 65 of the Limitation Act, 1963, a suit for possession of immovable property based on title is limited to 12 years computed from the date when the defendant's possession becomes adverse to the plaintiff.
Formal expression of an adjudication which, so far as records the court expressing it. conclusively determines rights of the parties, is
- adecree;
- border;
- cjudgement
- dappellate order.
Answer & solution
Correct answer: A
Under Section 2(2) CPC, a 'decree' is the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
A robbery becomes dacoity
- awhen two or more persons together commit robbery*.
- bwhen committed armed with deadly weapons;
- cwhen five or more persons together commit the robbery;
- dnone of the above.
Answer & solution
Correct answer: C
Under Section 391 IPC, robbery becomes dacoity when five or more persons conjointly commit or attempt to commit a robbery.
Private alienation of property after attachment of the same is
- avoidable at the option of the decree holder;
- bvoidable at the option of the judgement debtor;
- cvoid ab initio;
- dvoid as against all claims enforceable under the attachment.
Answer & solution
Correct answer: D
Under Section 64 CPC, a private alienation of property after attachment is void as against all claims enforceable under the attachment.
Which document requires stamp duty?
- aacknowledgement of debt in order tci supply evidence of such debt;
- backnowledgement of a debt in order to extend period of limitation for recovery of that debt;
- crecord of past transaction; p
- din none of the above three cases.
Answer & solution
Correct answer: A
Under Article 1 of Schedule I, Indian Stamp Act, an acknowledgement of a debt written or signed in order to supply evidence of such debt is chargeable with stamp duty; an acknowledgement merely to extend limitation under s.18 Limitation Act is not the chargeable instrument.
Where a document is diGitally stamped and unregistered
- ait is totally inadmissible in evidence;
- bbj it can be admitted in evidence;
- cit can be admitted in evidence for all purposes, after payment of deficit stamp duty and penalty;
- dit would be admissible in evidence for collateral purposes.
Answer & solution
Correct answer: D
An unregistered document that is otherwise valid (the question intends an unregistered but adequately/duly stamped document) is admissible only for collateral purposes under the proviso to Section 49 of the Registration Act.
'X" sells to Y’ property belonging to iZ'. Subsequently Z' dies and the property devolves on *X*. By which doctrine the said sale is valid
- adoctrine of estoppel;
- bb| doctrine of promissory estoppel;
- cdoctrine of feeding the grant of estoppel;
- dd| doctrine of estoppel by conduct.
Answer & solution
Correct answer: C
Where a transferor sells property he does not own and later acquires it, the transferee may compel the transfer; this is the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act.
The following contract cannot be specifically enforced —
- aa contract in which the executant dies subsequently;
- ba contract in which the executant subsequently becomes insane;
- ca contract which is in its nature determinable.
- da contract, non performance of which cannot be compensated by terms of money as adequate relief.
Answer & solution
Correct answer: C
Under Section 14(1)(c) of the Specific Relief Act, 1963, a contract which is in its nature determinable cannot be specifically enforced.
*X' obtains money decree against ’¥’ In execution of the money decree, rX‘ attaches moneys belonging to V lying with *Z’. Then *Z‘ is called
- adecree holder;
- bjudgement debtor;
- cbanker
- dgarnishee.
Answer & solution
Correct answer: D
A third party (Z) holding money belonging to the judgment-debtor, attached in execution, is called a garnishee (Order 21 Rule 46A CPC).
In what branch of law' does the principle "res ipsa loquitur" applies?
- aCriminal Law
- bbj Specific Relief Act, 1963
- cNegotiable Instruments Act, 1882
- dNone of the above
Answer & solution
Correct answer: D
Res ipsa loquitur is a principle of the law of torts (negligence) and not of any of the listed statutes, so the answer is none of the above.
Can a suit be laid after withdrawal of the same?
- aNo;
- bb| Yes;
- cYes if permission is obtained from the court at the time of withdrawal with liberty' to file a fresh suit;
- dYes subject to the condition that the cause of action for both the cases is identical.
Answer & solution
Correct answer: C
Under Order 23 Rule 1 CPC, a fresh suit on the same subject-matter lies after withdrawal only if the court grants permission/liberty to file a fresh suit at the time of withdrawal.
Supplemental and incidental proceedings are stated in:
- aC.P.C.;
- bCr.P.C.;
- cUnlawful Activities (Prevention) Ar.
- dNone of the above.
Answer & solution
Correct answer: A
Supplemental proceedings (e.g., arrest before judgment, attachment before judgment, temporary injunctions) are dealt with in Sections 94-95 and Order 38-40 of the C.P.C.
Perpetual injunctions are governed by:
- aSpecific Relief Act, 1963;
- bContract Ac I;
- cSale of Goods Act;
- dCivil Procedure Code.
Answer & solution
Correct answer: A
Perpetual (permanent) injunctions are governed by Sections 37-42 of the Specific Relief Act, 1963.
A building fetching a rent of Rs.2000/ and situated in municipal corporation area is governed by:
- aa| A.P. Buildings (Lease, Rent & Eviction) Control Act, I960,
- bTransfer of Property Act, 1882;
- ccl Registration Act;
- dNone of the above.
Answer & solution
Correct answer: A
A building in a municipal corporation area fetching rent of only Rs. 2,000/month is below the exemption threshold (Rs. 3,500 for corporation areas after the 2005 amendment) and so is governed by the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
Whether a Junior Civil Judge’s Court on its own or suo motu direct addition of a party whom it considers a necessary party to a suit?
- aa] Yes;
- bbl No;
- cWith the permission of District Court;
- dWith the permission of the High Court.
Answer & solution
Correct answer: A
Under Order 1 Rule 10(2) CPC, the court may, at any stage and of its own motion (suo motu), add any person whose presence is necessary to enable it to effectually adjudicate the suit.
If a woman, who has inherited property from her mother, dies without children, then such property devolves on —
- athe heirs of her father;
- bthe heirs of her maternal grandfather;
- cthe heirs of her mother in law;
- dOn her husband.
Answer & solution
Correct answer: A
Under Section 15(2)(a) of the Hindu Succession Act, 1956, property inherited by a female from her mother, where she dies without children, devolves upon the heirs of the father.
‘A’ promises *3' a job in government service and *B’ promises to pay Rs. 10,000/- for it. The agreement is
- avoid;
- bvoidable;
- cenforceable on the direction of Government;
- denforceable on the direction of the High Court.
Answer & solution
Correct answer: A
An agreement to procure a government job for money has an unlawful object/consideration (opposed to public policy) and is void under Sections 23 and 24 of the Indian Contract Act, 1872.
Ln the case of a breach of contract to sell immovable property the Court shall draw a presumption that —
- abreach of contract cannot be adequately relieved by money compensation;
- bthat the breach can be compensated by money;
- cthat the suit can be decreed;
- dthat the suit cannot be decreed. V
Answer & solution
Correct answer: A
Under the Explanation to Section 10 of the Specific Relief Act, 1963 (as then in force), in a contract to transfer immovable property the court presumes that breach cannot be adequately relieved by money compensation.
Suppose if a Court of Senior Civil Judge tries a suit which is triable by the Court of Junior Civil= Judge. Is the decree
- avalid;
- binvalid;
- cinvalid under certain circumstances;
- dNone of the above.
Answer & solution
Correct answer: A
A decree by a court of higher pecuniary jurisdiction (Senior Civil Judge) in a suit triable by a lower court (Junior Civil Judge) is valid; objections to such jurisdiction are barred under Section 21 CPC unless prejudice is shown.
When and in what circumstances a Judicial First Class Magistrate of First Class can add a person as accused in a criminal case?
- aAfter taking cognizance of the case and before framing a charge;
- bDuring the course of an enquiry in trial when it appears from the evidence:
- cAfter framing of the charge and before the trial is commenced;
- dNone of the above.
Answer & solution
Correct answer: B
Under Section 319 Cr.P.C., the Magistrate may add a person as accused during the course of inquiry or trial when it appears from the evidence that he too has committed the offence.
‘A’ purchases stamp paper worth Rs. 10,000/ for obtaining sale deed and then dies. Whether the son of ’A’ can use that stamp paper for obtaining sales in his name?
- aYes;
- bNo;
- cUnder certain circumstances;
- dNone of the above.
Answer & solution
Correct answer: B
Stamp paper purchased by the deceased father for his own sale deed cannot be used by the son to obtain a sale in the son's name; the answer is No.
Whether a court can dismiss an appeal on the ground of the Limitation Act even if Limitation is not pleaded as a ground?
- aYes;
- bNo;
- cUnder certain circumstances;
- dIf High Court premises.
Answer & solution
Correct answer: A
Under Section 3 of the Limitation Act, 1963, the court must dismiss a time-barred appeal even though limitation is not set up as a defence; hence Yes.
A First Information Report means:
- aa complaint made to the High Court;
- ba complaint made to a Magistrate;
- ca complaint filed under Section 199(1) Cr.P.C.
- dinformation relating to the commission of a cognizable offence given to an officer in charge of a police station.
Answer & solution
Correct answer: D
An F.I.R. is information relating to the commission of a cognizable offence given to the officer in charge of a police station under Section 154 Cr.P.C.
The Court may presume that a man who is in possession of marked currency notes soon after the theft, is either tire thief or lias received the currency notes knowing them to be stolen, unless he can account for his possession:
- aCorrect;
- ba Court may not so presume where a shopkeeper is in possession of a marked currency note soon after it was stolen and cannot account for its possession specificLilly, but is continually receiving rupees in the ordinary course of his business;
- cNeither (a) nor (b);
- dBoth (a) &> (b).
Answer & solution
Correct answer: D
Both statements are correct: this is precisely Illustration (a) to Section 114 of the Indian Evidence Act, including the shopkeeper qualification.
Which provision requires that evidence must be taken in the presence of the accused?
- aSection 302 of I.P.C.;
- bSection 154 of the Evidence Act;
- cSection 277 of Cr.P.C.
- dSection 273 of Cr.P.C.
Answer & solution
Correct answer: D
Section 273 of the Cr.P.C. requires that, except as otherwise provided, all evidence be taken in the presence of the accused.
A police report under Section 173(2) or Cr.P.C must contain the particulars such as —
- aInquest particulars, post mortem particulars and Doctor’s name
- bName of the parties, names of suspects or accused and nature of information
- cName of the police officer, name of investigating officer and police station
- dNone of the above
Answer & solution
Correct answer: B
Under Section 173(2) Cr.P.C., the police report must state the names of the parties, the nature of the information, and whether any offence appears to have been committed and by whom (the suspects/accused).
For taking cognizance of an offence committed by a. public servant while acting in the discharge of his official duty, the essential requisite is -
- aAccused must be Gazetted Officer
- bAccused must be within the jurisdiction of the Court
- cPrevious sanction of the government is required
- dNone of the above.
Answer & solution
Correct answer: C
Under Section 197 Cr.P.C., previous sanction of the appropriate Government is an essential requisite for a court to take cognizance of an offence committed by a public servant while acting in the discharge of official duty.
Sections 451 and 452 of Cr.P.C essentially deal with disposal of property by the Criminal Court. The basic difference between the two is —
- aBoth the provisions deal with release of property produced before the Court.
- bSection 451 is attracted during enquiry of trial and Section 452 is attracted after conclusion of the Criminal Trial
- cThere is no difference between the two provisions
- dNone of the above
Answer & solution
Correct answer: B
Section 451 CrPC empowers the court to order custody/disposal of property pending inquiry or trial, while Section 452 deals with disposal of property at the conclusion of the trial.
Under Cr.P.C. the period of limitation shall commence
- aOn the date of taking cognizance
- bOn the date of offence
- cOn the date of filing the complaint
- dNone of the above
Answer & solution
Correct answer: B
Under Section 469 CrPC, the period of limitation commences on the date of the offence (or the date of knowledge of the offence).
What is not true with regard to ‘Complaint’ under Section 2(d) of Cr.P.C?
- aIt is made to Magistrate with, a view to his taking action under the code
- bIt is an allegation made orally or in writing
- cThat some person, whether known or unknown, has committed an offence.
- dIt includes a Police Report
Answer & solution
Correct answer: D
Section 2(d) CrPC expressly excludes a police report from the definition of 'complaint' (a police report is not a complaint), so it is NOT true that complaint includes a police report.
In a criminal proceedings, the standard of proof that is required for Ending the accused guilty of an offence, so as to convict him for the said offence is —
- abeyond all reasonable doubt
- bpreponderance of probabilities
- cboth (a) and (b)
- dNone of the above
Answer & solution
Correct answer: A
In criminal cases the prosecution must prove guilt 'beyond all reasonable doubt'; preponderance of probabilities is the civil standard.
Under Section 482 Cr.P.C., the High Court exercises
- ainherent powers
- bappellate powers
- crevisional powers
- dreview’ powers
Answer & solution
Correct answer: A
Section 482 CrPC preserves the inherent powers of the High Court to prevent abuse of process and secure the ends of justice.
Which of the following is correct?
- aThe de facto complaint/victim can file revision against order of acquittal
- bThe defacto complainant can file appeal against order of acquittal
- cThe prosecution can only file either revision or appeal against order of acquittal
- dNone of the above
Answer & solution
Correct answer: A
A de facto complainant/victim may file a revision (not an appeal as of right) against an order of acquittal; appeal against acquittal lies to the State under Section 378 CrPC, and the victim's right of appeal under the proviso to Section 372 came later.
What is the sentence of imprisonment provided for the offence
- aFora term up to two years
- bFor a term not less titan three years
- cFor a term not less than two years
- dNone of the above
Answer & solution
Correct answer: A
Stem is OCR-truncated ('imprisonment provided for the offence' — offence unspecified), so the intended section cannot be identified; best guess is the term up to two years given the phrasing of the options.
What is the maximum sentence of imprisonment that can be
- aOne-haLf of the maximum impr isonment fixed for the offence
- bOne-third of the maximum imprisonment fixed for the offence
- cOne-fourth of the maximum imprisonment fixed for the offence
- dEqual to the maximum imprisonment fixed for rhe offence.
Answer & solution
Correct answer: A
Stem is truncated ('maximum sentence of imprisonment that can be...'); reading it as the limit on an Assistant Sessions/Magistrate or solitary/imprisonment in default context, the common answer is one-half of the maximum imprisonment fixed for the offence.
What is the distinction between Sections 161 and 164 of Cr.P.C.?
- aa| Both are one and the same;
- bSec. 161 Cr.P.C., statement is recorded by the Magistrate and
- cSec. 161 Cr.P.C., statement is recorded hy rhe police and
Answer & solution
Correct answer: C
Section 161 CrPC statements are recorded by the police during investigation, whereas Section 164 CrPC statements/confessions are recorded by a Magistrate; option (c) correctly states the Sec.161 statement is recorded by the police.
'A' is arrested and detained in custody on an accusation for the
- a30 days;
- b60 days;
- cexpiry of —
Answer & solution
Correct answer: B
Under Section 167(2) CrPC, an accused must be released on default bail on expiry of 60 days (90 days for offences punishable with death/life/10+ years); the generic 'A is arrested...' framing points to the 60-day period.
Whal is primary object of inquest report under Section 174 of
- ato know’ the name of the assailants of the deceased;
- b(o know’ the motive for the commission of offence;
- cto know the apparent cause of death;
Answer & solution
Correct answer: C
The primary object of an inquest report under Section 174 CrPC is to ascertain the apparent cause of death, not to determine the assailants or motive (Podda Narayana v. State of AP).
What is the meaning of payment of cheque crossed specially?
- athe banker on whom it is drawn shall not pay it otherwise than
- bthe banker on whom the cheque is draum shall not pay it
- cpayment of cheque amount across the counter;
- dotherwise than to a banker;
Answer & solution
Correct answer: A
Under Section 126 NI Act, where a cheque is crossed specially the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed.
What is the essential ingredient of promissory estoppel?
- aPromisee has altered his position in reliance on the promise;
- bPromisor has recalled his promise;
- cPromisee has recalled his acceptance;
- dPromisee should suffer any detriment.
Answer & solution
Correct answer: A
The essential ingredient of promissory estoppel is that the promisee, relying on the promise, altered his position; actual detriment is not strictly necessary (Motilal Padampat Sugar Mills v. State of UP).
Presumption under Section 139 of the Negotiable Instruments Act,
- aThat the cheque was signed by the accused;
- bThat the cheque wTas dishonoured by the banker;
- cThat the cheque was issued for discharge of any debt;
- dThat the cheque is valid under banking law's.
Answer & solution
Correct answer: C
Section 139 NI Act raises the presumption that the holder received the cheque for the discharge, in whole or in part, of a debt or other liability.
Can anticipatory bail be granted in respect of bailable offences, and
- aAnticipatory bail cannot be granted in bailable offences;
- bBail can be granted only in case the petitioner is a woman, a
- cThere is no distinction between bailable and non-bailable
- dminor or a sick person;
Answer & solution
Correct answer: A
Anticipatory bail under Section 438 CrPC is available only for non-bailable offences; for bailable offences bail is a matter of right under Section 436, so anticipatory bail cannot be granted in bailable offences.
When can charges be framed?
- aAt any stage but before judgment.;
- bAt any stage subject to permitting the cross-examination of the
- cAt any time in offences exclusively triable by Sessions Court but
Answer & solution
Correct answer: A
Under Section 216 CrPC the court may alter or add to any charge at any time before judgment is pronounced.
As per 1PC a document whereby any legal right is created, extended,
- aConveyance deed;
- bGift deed;
- cWill;
- dValuable security.
Answer & solution
Correct answer: D
Section 30 IPC defines 'valuable security' as a document which purports to create, extend, transfer, restrict, extinguish or release any legal right or liability.
Who is the person competent to compound an offence of criminal
- aThe person in possession of Lhe property trespassed upon;
- bInvestigating officer;
- cThe person who gave the complaint of trespass;
- dNone of the above.
Answer & solution
Correct answer: A
Criminal trespass/house-trespass offences are compoundable by the person in possession of the property trespassed upon (Section 320 CrPC table).
Does a will deed require stamp duty and registration for its validity?
- aNo;
- bYes;
- cUnder certain circumstances;
- dWhen value of property covered by will in excess of Rs. 100/-
Answer & solution
Correct answer: A
A will requires neither stamp duty nor compulsory registration for its validity; registration of a will is optional under the Registration Act and it is exempt from stamp duty.
Pecuniary jurisdiction of civil court is specified in:
- aA.P. Court Fees and Suits Valuation Act, 1956;
- bA.P. Civil Courts Act, 1972;
- cCivil Procedure Code;
- dCivil Rules of Practice.
Answer & solution
Correct answer: B
The pecuniary jurisdiction of civil courts in Andhra Pradesh is specified in the A.P. Civil Courts Act, 1972.
Whether an unstamped promissory note can be admitted in evidence after collection of stamp duty and penalty?
- aYes can be admitted.
- bCannot be admitted.
- cCan be admitted if the suit filed is under the Negotiable Instruments Act;
- dd| Can be admitted only by the High Court.
Answer & solution
Correct answer: B
Under Section 35 of the Indian Stamp Act a promissory note that is unstamped (not merely insufficiently stamped) cannot be admitted in evidence even on payment of duty and penalty; the saving for duty+penalty applies only to insufficiently stamped instruments.
Circumstantial evidence is —
- adirect evidence;
- bindirect evidence;
- cNeither of a & b; <
- dMaterial evidence.
Answer & solution
Correct answer: B
Circumstantial evidence is indirect evidence from which the principal fact is inferred.
Under the Indian Penal Code, a person is defined as -
- aincluding any company or body of persons whether incorporated or not; j
- bh) meaning only individual human beings;
- cmeaning only as men;
- dNone of the above.
Answer & solution
Correct answer: A
Section 11 IPC defines 'person' to include any company or association or body of persons, whether incorporated or not.
What is the meaning of retracted confession?
- aa} Confession which is subsequently confirmed;
- bConfession which is subsequently assured;
- cConfession which is subsequently resiled;
- dNone of the above.
Answer & solution
Correct answer: C
A retracted confession is one which the maker has subsequently resiled from (withdrawn/recanted).
Definition of 'wrongful gain’ is as follows:
- again by unlawful means of property to which person is not legally entitled;
- bgaining wrongfully and losing wrongfully;
- cgaining dishonestly;
- dloss by unlawful means of property to which person is entitled.
Answer & solution
Correct answer: A
Section 23 IPC defines 'wrongful gain' as gain by unlawful means of property to which the person gaining is not legally entitled.
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