Andhra Pradesh Judiciary — Prelims 2015

Correct answer: A

Under Section 7 of the Indian Contract Act, 1872, to convert a proposal into a promise the acceptance must be absolute and unqualified.

Correct answer: B

Section 19 of the Indian Contract Act provides that an agreement caused by coercion, fraud or misrepresentation is voidable at the option of the party whose consent was so caused.

Correct answer: C

Under Section 13 of the Specific Relief Act, 1963, where the vendor subsequently acquires title to the property, the purchaser may compel him to make good the contract out of such acquired interest.

Correct answer: C

An agreement induced by misrepresentation is voidable at the option of the party misled (Section 19, Indian Contract Act, 1872).

Correct answer: B

A promise to pay on the happening of an uncertain future event (the house being gutted) is a contingent contract under Section 31 of the Indian Contract Act, 1872; it is enforceable as it concerns an insurable interest, not a wager.

Correct answer: C

Breach of a contract to transfer immovable property is presumed under Section 10 (Explanation) of the Specific Relief Act not to be capable of being adequately compensated in money, hence specific performance is granted.

Correct answer: C

Section 53-A of the Transfer of Property Act gives the transferee in part performance a shield to protect/defend his possession against the transferor, not an affirmative right of specific performance or a declaration of title.

Correct answer: D

A spouse suffering from a virulent and communicable venereal disease (AIDS) is a recognised ground/defence; the wife is justified in withdrawing and the court will not order restitution of conjugal rights in her favour against her.

Correct answer: C

Where the wife was at the time of marriage pregnant by some person other than the husband, the marriage is voidable under Section 12(1)(d) of the Hindu Marriage Act, 1955.

Correct answer: B

Desertion as a ground for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955 requires a continuous period of at least 2 years immediately preceding the petition.

Correct answer: B

Under Section 13-B(2) of the Hindu Marriage Act, a decree of divorce by mutual consent cannot be passed earlier than 6 months from the date of presentation of the petition (and not later than 18 months).

Correct answer: A

Yes; Section 26 of the Hindu Marriage Act empowers the court in any proceeding under the Act (including Section 13) to make provision in the decree for the custody, maintenance and education of minor children.

Correct answer: B

Irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, 1955; only the Supreme Court may grant it under Article 142, so as a ground available to ordinary courts the answer is no.

Correct answer: D

Under the Schedule to the Hindu Succession Act, 1956, Class I heirs include the widow, son and mother but not the father, who is a Class II heir.

Correct answer: B

The Hindu Succession Act applies only to Hindus (including Buddhists, Jains, Sikhs and Arya Samajists); since one parent is a Buddhist (a Hindu under the Act) and the other an Arya Samajist (also Hindu) the child would be Hindu, but where a parent is not a Hindu the Act does not apply to such a child unless brought up as a Hindu, and the intended answer is no.

Correct answer: B

The Hindu Succession (Amendment) Act, 2005 recognised the daughter of a coparcener as a coparcener by birth by amending Section 6 of the Hindu Succession Act, 1956, with effect from 9.9.2005.

Correct answer: C

The general rules of succession in the case of a female Hindu dying intestate are governed by Section 15 of the Hindu Succession Act, 1956.

Correct answer: B

Under Section 4 of the Indian Easements Act, 1882, an easement is a right which the owner/occupier of certain land possesses over certain other land not his own, for the beneficial enjoyment of his own (dominant) land.

Correct answer: C

Under the Indian Easements Act (Sections 45 and 47), an easement is extinguished on the complete (permanent) destruction of either the dominant or the servient heritage.

Correct answer: A

The prescriptive period for acquisition of the easement of light or air for a building, enjoyed without interruption, is twenty years (Section 15 of the Indian Easements Act, 1882 / Section 25 of the Limitation Act, 1963).

Correct answer: A

Yes; on amalgamation company C, as the successor by operation of law to company A's rights, can seek specific performance of the contract between A and B (Section 15, Specific Relief Act, which entitles the representative-in-interest to sue).

Correct answer: A

Yes; the right to specific performance is independent of the right to compensation, so a person not entitled to recover compensation for breach may still seek specific performance of the contract.

Correct answer: C

Under Section 21 of the Specific Relief Act, compensation in a suit for specific performance can be awarded only if it is specifically claimed in the plaint (the court may allow amendment to include such claim).

Correct answer: C

Specific performance of part of a contract cannot ordinarily be enforced, but is enforceable in certain exceptional circumstances provided in Sections 12(2)-(4) of the Specific Relief Act.

Correct answer: B

A contract which is dependent on the volition (will) of the parties cannot be specifically enforced (Section 14, Specific Relief Act, as such a contract is in its nature determinable).

Correct answer: C

Under Section 6(3) of the Specific Relief Act, 1963, no appeal lies from any order or decree passed in a suit under Section 6, nor shall any review of such order or decree be allowed.

Correct answer: B

Under Section 3 of the Limitation Act, 1963, every suit instituted after the prescribed period shall be dismissed, although limitation has not been set up as a defence; the court must dismiss it suo motu.

Correct answer: B

Under Section 4 of the Limitation Act, 1963, when the prescribed period expires on a day the court is closed, the suit may be instituted on the day the court reopens; the mere availability of an urgent-cases provision during recess does not defeat this right, so the suit is in time.

Correct answer: B

Under Section 14 (read with the explanation) and the established practice, the time spent prosecuting in good faith an application for leave to sue as a pauper which is rejected is excluded; thus the time can be excluded ('yes').

Correct answer: A

Under Section 17(1)(c) of the Limitation Act, 1963, where a suit is for relief from the consequences of a mistake, limitation does not begin to run until the plaintiff has discovered the mistake (or could have discovered it with reasonable diligence).

Correct answer: B

Under Section 21(1) of the Limitation Act, 1963, where a new plaintiff is added after institution, the suit as regards him is deemed instituted on the date he was made a party (20.11.2014), subject to the court directing an earlier date where omission was due to a bona fide mistake.

Correct answer: A

A suit on a promissory note has a three-year limitation from its date (Article 35), expiring 18.10.2013; the acknowledgment of 15.11.2013 was made after the period expired, so under Section 18 it does not give a fresh period, and the suit filed 16.12.2013 is barred by limitation.

Correct answer: B

Under Section 14 of the Limitation Act, 1963, the time spent in prosecuting in good faith a prior proceeding in a court unable to entertain it for defect of jurisdiction is excluded in computing limitation.

Correct answer: C

Under Article 47 of the Limitation Act read with Section 6 of the Specific Relief Act, 1963, the limitation for a suit to recover possession under Section 6 is six months from the date of dispossession.

Correct answer: D

Under Section 6 of the Transfer of Property Act, a mere right to sue, a right to future maintenance, and the salary of a public officer are all non-transferable; an assignment of property is the only transferable item among the options.

Correct answer: C

Standing timber, growing crops, and grass are expressly excluded from 'immovable property'; agricultural land (being land/benefits arising out of land) is immovable property under the Transfer of Property Act / General Clauses Act.

Correct answer: C

A will operates only on the death of the testator (Section 5, Indian Succession Act); since 'A' is still alive, 'B' has no present title to the properties and cannot sell or transfer them, so the answer is 'no'.

Correct answer: B

Under Section 21 of the Transfer of Property Act, an interest created to take effect only on the happening of a specified uncertain event is a contingent interest.

Correct answer: A

Under Section 44 of the Transfer of Property Act, a co-owner may transfer his own share/interest to a stranger; consent of other co-owners is not required (the transferee merely steps into the transferor's rights).

Correct answer: B

Under Section 122 of the Transfer of Property Act, a gift must be accepted during the lifetime of the donor and while he is capable of giving; if the donor dies before acceptance, the gift is void.

Correct answer: A

Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens: during the pendency of a suit, the property in dispute cannot be transferred so as to affect the rights of the parties under the decree (transfer is subject to the decree).

Correct answer: B

A spes successionis (mere chance of an heir-apparent to succeed) is expressly non-transferable under Section 6(a) of the Transfer of Property Act, so 'A' cannot alienate that expectancy.

Correct answer: A

Under Section 123 of the Transfer of Property Act, a gift of immovable property must be effected by a registered instrument signed by the donor and attested; the gift to the deity must be registered.

Correct answer: C

Under Section 116 of the Transfer of Property Act, a 'tenant holding over' is one whose lease has determined/terminated but who continues in possession and whose continuance is assented to by the lessor.

Correct answer: D

Section 53-A of the Transfer of Property Act requires a written contract from which terms can be ascertained, the transferee taking possession in part performance, and his being ready and willing to perform his part; option (d) best captures these essentials.

Correct answer: A

Section 1 of the Indian Penal Code (as in force in 2015) provided that the Code extends to the whole of India except the State of Jammu and Kashmir.

Correct answer: C

Under Section 4 of the Indian Penal Code, the Code applies to any offence committed by any citizen of India in any place beyond India (extra-territorial operation).

Correct answer: A

The exception to Section 136 IPC provides that the harbouring provision does not extend to the case in which the harbour is given by the wife or husband of the deserter.

Correct answer: D

Where death is caused in the good-faith exercise of the right of private defence without intention to cause death and only with knowledge that it is likely (within the lawful limits of Sections 100/101 IPC), the act is not an offence; 'A' is not liable for conviction.

Correct answer: D

Section 304B IPC and Section 113B of the Indian Evidence Act apply where death occurs otherwise than under normal circumstances within seven years of marriage, raising the presumption of dowry death.

Correct answer: B

After the Criminal Law (Amendment) Act 2013, the 'Sixthly' clause of Section 375 IPC fixes the age of consent at under eighteen years, so consent by a girl below 18 is no consent. As of the 2015 exam, the answer is 18 years.

Correct answer: D

Section 4 of the Negotiable Instruments Act, 1881 defines a promissory note as an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.

Correct answer: A

Section 80 of the Negotiable Instruments Act, 1881 provides that where no rate of interest is specified, interest is calculated at 18% per annum on the amount due.

Correct answer: C

Section 138 of the Negotiable Instruments Act, 1881 is the provision governing dishonour of a cheque for insufficiency of funds.

Correct answer: D

A promissory note under the Negotiable Instruments Act requires no attestation; attestation is not an ingredient of a valid promissory note.

Correct answer: A

Per Dashrath Rupsingh Rathod v. State of Maharashtra (2014), which governed at the exam date, jurisdiction lay only where the drawer's bank (drawee bank) is located, i.e. Hyderabad. Flagged because the 2015 NI Act amendment later shifted jurisdiction to the payee's bank location, making the intended key debatable.

Correct answer: B

Under Section 13 of the Negotiable Instruments Act, only promissory notes, bills of exchange and cheques are negotiable instruments; a bond is not a negotiable instrument.

Correct answer: A

Section 85 of the Registration Act, 1908 permits destruction of documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years.

Correct answer: C

Section 47 of the Registration Act, 1908 provides that a registered document operates from the time it would have commenced to operate if no registration were required, i.e. from the date of its execution, not the date of registration.

Correct answer: A

Under Section 17(2)(xii) of the Registration Act, a certificate of sale granted to the purchaser of property sold by public auction by a civil or revenue officer is exempt from compulsory registration; hence it is not liable to be compulsorily registered.

Correct answer: D

Section 33(1) of the Indian Stamp Act, 1899 requires every person in charge of a public office, except a police officer, to impound an instrument not duly stamped that is produced before him.

Correct answer: B

Section 35 of the Indian Stamp Act, 1899 bars an instrument chargeable with duty, unless duly stamped, from being admitted in evidence for any purpose.

Correct answer: B

Section 30 of the Indian Stamp Act, 1899 obliges a person receiving money exceeding twenty rupees to give a duly stamped receipt on demand by the payer.

Correct answer: A

Under Section 35 (proviso) of the Indian Stamp Act, an insufficiently stamped instrument may be admitted on payment of the differential amount of duty together with the prescribed penalty; the best fit among the options is payment of the differential amount making up the duty properly chargeable.

Correct answer: A

Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 bars eviction of a tenant, whether in execution of a decree or otherwise, except in accordance with its provisions.

Correct answer: D

The A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 applies to buildings let out by private individuals; Government, Central Government and Cantonment Board buildings are exempted from its operation.

Correct answer: A

It is well settled that the A.P. Rent Control Act is a self-contained code and a prior notice to quit/termination under the Transfer of Property Act is not a condition precedent for an eviction petition; hence the statement that prior notice is compulsory is 'not correct'.

Correct answer: A

Section 27 CPC read with Order V Rule 1 requires that summons be served on the defendant on a day not beyond thirty days from the date of institution of the suit.

Correct answer: B

Under Section 40 CPC, where a decree is sent for execution to another State, it is to be sent to and executed in the manner prescribed by the rules in force in that State where the decree is sent for execution.

Correct answer: B

Order VI Rule 1 CPC defines 'pleading' to mean plaint or written statement.

Correct answer: B

Explanation I to Section 10 CPC provides that the pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the same cause of action; hence it is not barred.

Correct answer: A

An ouster agreement is valid only if it selects one of the courts that otherwise has jurisdiction; where part of the cause of action arose at B and C as well, those courts retain jurisdiction, so the suit is maintainable at A, B and C.

Correct answer: B

Section 21(2) CPC provides that an objection to pecuniary jurisdiction of the court of first instance cannot be entertained by the appellate court unless it was taken in the trial court at the earliest opportunity and there has been a consequent failure of justice; the best matching option is that it cannot be taken unless raised before settlement of issues.

Correct answer: C

A decree passed by a court lacking inherent jurisdiction over the subject matter is a nullity and its validity can be challenged even at the stage of execution, so the objection can be raised for the first time in the executing court.

Correct answer: C

Section 34(2) CPC provides that where a decree is silent as to further interest from the date of decree to date of payment, the court shall be deemed to have refused such interest and no separate suit lies; hence no further interest can be granted in execution.

Correct answer: C

Under Section 152 CPC, clerical or arithmetical mistakes in judgments, decrees or orders may be corrected by the court at any time on its own motion (suo motu), without notice to the parties.

Correct answer: D

'Indigent person' under Order 33 CPC is the modern term for a 'pauper' - one without sufficient means to pay the prescribed court fee.

Correct answer: A

Where the deceased defendant's legal representatives (sons, daughters, wife) are already on record as co-defendants, the suit does not abate; the surviving co-defendants who are LRs represent the estate (Order 22 Rule 4 CPC).

Correct answer: A

Amendment of a written statement under Order 6 Rule 17 CPC to withdraw or explain an earlier admission is permissible, as the proviso barring inconsistent pleadings is applied liberally to written statements (Modi Spinning v. Ladha Ram principle relaxed in later cases).

Correct answer: D

Under Section 173(2) CrPC, on completion of investigation the officer in charge forwards the police report to a Magistrate empowered to take cognizance of the offence.

Correct answer: B

Section 57 CrPC (and Article 22(2) of the Constitution) prohibits detention of an arrested person beyond 24 hours without a Magistrate's special order, exclusive of journey time.

Correct answer: D

Section 125 CrPC permits a maintenance order for a wife, minor/disabled children, and parents (father or mother); among the options only the father qualifies.

Correct answer: A

A summons case under Section 2(w) CrPC is one not being a warrant case, i.e., an offence punishable with imprisonment not exceeding two years; thus the maximum sentence is two years.

Correct answer: C

Criminal Procedure is in the Concurrent List (Entry 2, List III, 7th Schedule), so both Parliament and State Legislatures can amend the CrPC.

Correct answer: D

Under Section 2(c) CrPC, a cognizable offence is one for which a police officer may arrest without a warrant.

Correct answer: C

A complaint need not name the accused if descriptive particulars sufficient to identify the accused are furnished; a complaint can be made against an unknown person.

Correct answer: C

'Police report' under Section 2(r) CrPC means the report forwarded by a police officer to a Magistrate under Section 173(2), i.e., the charge sheet.

Correct answer: B

At the stage of considering an application for discharge, the accused has no right to summon or produce his own evidence; the court considers only the record and documents under Sections 227/239 CrPC.

Correct answer: B

Section 162 CrPC expressly provides that statements recorded during investigation shall not be signed by the person making them; the IO shall not obtain the witness's signature.

Correct answer: B

Once a Magistrate has taken cognizance and issued process to the accused, he has no power to recall or review that order, as the CrPC confers no power of review on a criminal court (Adalat Prasad v. Rooplal Jindal).

Correct answer: B

Under Section 21 of the Indian Evidence Act, admissions are relevant and may be proved against the person who makes them (the party making it), not in his own favour (subject to exceptions).

Correct answer: D

The evidence of a hostile witness is not wholly effaced; the portion that is creditworthy can be relied upon by both the prosecution and the defence.

Correct answer: B

Motive assumes greater significance in cases resting on circumstantial evidence, where it forms an important link in the chain, whereas in direct-evidence cases proof of motive is less material.

Correct answer: C

Notice to the Public Prosecutor before granting bail in a non-bailable offence is required only where the relevant provision (e.g., the proviso to Section 439(1)/Section 437A or special statutes) so mandates; it is not a general mandatory requirement.

Correct answer: C

A related (interested) witness is not per se unreliable; the settled rule is that such evidence must be subjected to careful/strict scrutiny before being acted upon.

Correct answer: C

Under Section 167 of the Evidence Act, improper admission or rejection of evidence is not a ground for new trial if there was other sufficient evidence; it becomes a ground only where the rejected/admitted evidence was decisive and no other sufficient evidence existed.

Correct answer: B

Under Section 53 of the Indian Evidence Act, in criminal proceedings the fact that the accused is of good character is relevant.

Correct answer: B

A handwriting expert's report under Section 45 of the Evidence Act is only an opinion; it is not conclusive and is subject to acceptance and corroboration by the court.

Correct answer: A

Rule 5(3) of the AP Criminal Rules of Practice and Circular Orders, 1990 provides that cases relating to Juvenile Offenders and Women may be tried in camera.

Correct answer: B

Under Order 22 Rule 6 CPC, where a party dies between the conclusion of the hearing and the pronouncement of judgment, there is no abatement and judgment may be pronounced notwithstanding the death.