Andhra Pradesh Judiciary — Prelims 2016

Correct answer: D

Under Section 3(g) of the Hindu Marriage Act, 1955, two persons are within the degrees of prohibited relationship if related by full blood, half or uterine blood, or by adoption (and certain other categories). Hence all the above.

Correct answer: B

A promise to pay on the happening of an uncertain future event collateral to the contract (B's house being burnt) is a contingent contract under Section 31 of the Indian Contract Act, 1872; this is the textbook illustration of insurance/contingency, not a wager.

Correct answer: A

Abetment of suicide is punishable under Section 306 IPC. Section 307 is attempt to murder, 308 is attempt to culpable homicide, and 309 is attempt to commit suicide.

Correct answer: D

Section 74 of the Indian Evidence Act, 1872 defines public documents, and Section 75 provides that all other documents are private documents.

Correct answer: B

Admission is defined in Section 17 of the Indian Evidence Act, 1872 as a statement (oral, documentary or electronic) which suggests an inference as to any fact in issue or relevant fact.

Correct answer: B

Under Section 167(2)(b) Cr.P.C., an Executive Magistrate may authorise detention/remand for a term not exceeding seven days in the aggregate.

Correct answer: B

Under Order VIII Rule 6 CPC, a set-off requires mutuality—the debt must be due from all the plaintiffs to the defendant. Since the debt is due from A alone, C cannot set it off against a joint suit by A and B.

Correct answer: A

Attempting theft from an empty box is the classic illustration to Section 511 IPC (attempt to commit an offence)—the act constitutes a punishable attempt even though theft was factually impossible.

Correct answer: B

Under Section 82 IPC, nothing is an offence which is done by a child under seven years of age.

Correct answer: A

Under Section 21 of the Indian Contract Act, 1872, a contract is not voidable because it was caused by a mistake as to any law in force in India (mistake of Indian law is no excuse).

Correct answer: A

In Seema v. Ashwani Kumar (AIR 2006 SC 1158), the Supreme Court directed that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States.

Correct answer: D

Under Section 7(1) of the Hindu Marriage Act, 1955, a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

Correct answer: B

Under Section 391 IPC, robbery is dacoity when committed by five or more persons conjointly; thus the minimum number is five.

Correct answer: A

An easement is a right in rem—a real right annexed to the dominant tenement and available against the world, not merely against a specific person.

Correct answer: B

Under Section 51 of the Transfer of Property Act, 1882, 'good faith' is understood in the sense given by the General Clauses Act, 1897, i.e. honestly, whether negligently or not.

Correct answer: C

Under Section 63 of the Indian Evidence Act, 1872, secondary evidence includes both certified/other copies of a document and oral accounts of the contents given by a person who has himself seen it.

Correct answer: C

A co-defendant may be cross-examined by another co-defendant only where their interests are adverse to each other; absent adverse interest there is no right of cross-examination.

Correct answer: D

Against an ex parte decree the defendant has three remedies: appeal (Section 96), review (Order XLVII), and an application to set aside under Order IX Rule 13 CPC—hence all three.

Correct answer: D

Under Section 27 of the Specific Relief Act, 1963, rescission may be refused where the plaintiff has ratified the contract, where parties cannot be restored to their original position, or where third-party rights/severable contracts make it inequitable—hence in all the above situations.

Correct answer: B

The proviso to Section 82 of the Transfer of Property Act, 1882 provides that where there is a conflict between marshalling and contribution, the rule of marshalling prevails.

Correct answer: A

An agreement made without consideration is a 'nudum pactum' (a bare or naked promise), which is generally void under Section 25 of the Indian Contract Act, 1872.

Correct answer: B

Under Section 221 of the Indian Contract Act, 1872, an agent has a particular lien over the goods/property of the principal in his possession for his commission, remuneration and disbursements; he has no general lien absent contract.

Correct answer: C

A time-barred debt cannot be the subject of a fresh suit, but it can be pleaded by way of set-off (it bars the remedy, not the debt itself), as recognised under Order VIII Rule 6 CPC.

Correct answer: A

Under Section 120A IPC, criminal conspiracy is complete the moment two or more persons agree to do an illegal act (or a legal act by illegal means); no overt act is needed except for conspiracies other than to commit an offence. The statement is True.

Correct answer: C

Section 53 IPC prescribes five kinds of punishment: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, and fine.

Correct answer: A

Under Section 390 IPC, theft becomes robbery only if force/fear is used 'for that end' (to commit the theft); mere use of force unconnected to the theft does not convert it, so the statement is True.

Correct answer: C

Under Sections 8-9 of the Protection of Women from Domestic Violence Act, 2005, Protection Officers are appointed by and function under the control and supervision of the Magistrate, who exercises jurisdiction over their duties.

Correct answer: C

Under Sections 101-103 of the Indian Evidence Act, the burden of proof lies on the person who asserts the affirmative of an issue (e.g., one who asserts ownership), not on ownership/tenancy status per se.

Correct answer: B

Under Section 10 read with the limitation in the AP/Telangana Land Encroachment Act, 1905, an appeal shall not be brought after the expiration of 60 days from the date of the order complained of.

Correct answer: A

Under Section 15 of the Indian Contract Act, a threat to commit suicide amounts to coercion, as held in Chikham Ammiraju v. Chikham Seshamma (1917).

Correct answer: B

Under Section 351 IPC, assault is constituted by a gesture or preparation intending/knowing it will cause apprehension of criminal force; mere words by themselves do not amount to assault, so it is caused by gestures.

Correct answer: B

Under Section 19 of the Indian Contract Act, where consent is caused by coercion, fraud or misrepresentation, the contract is voidable at the option of the party whose consent was so caused.

Correct answer: A

Transfer of property during the pendency of a suit is hit by the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882.

Correct answer: B

Under Section 2(2) CPC, rejection of a plaint is expressly deemed a decree, whereas dismissal for default (Order IX) is not a decree; hence dismissal for default is not a decree.

Correct answer: A

Yes; under Order XVI CPC a party is entitled to summon the opposite party as a witness to give evidence (subject to the court's process), so the answer is Yes.

Correct answer: A

Yes; under Order XIV Rule 4 CPC the Court may, before framing issues, examine any person able to throw light on the matter or order production of documents, so it can examine witnesses before framing issues.

Correct answer: B

In Anil Rai v. State of Bihar (2001), the Supreme Court held that inordinate delay in pronouncing a reserved judgment amounts to denial of justice and laid down guidelines on timely pronouncement.

Correct answer: A

Yes; the Court has discretion to permit a party to summon a witness even if the name is not in the list, in the interest of justice, so the answer is Yes.

Correct answer: C

Under Order XX Rule 12 CPC, mesne profits inquiry runs only up to the expiration of three years from the date of the decree (whichever event first occurs), so a successful plaintiff is normally entitled for three years.

Correct answer: B

No; in a suit for specific performance, a third party claiming independent title and possession is not a necessary or proper party, as his rights are not adjudicated in that suit (Kasturi v. Iyyamperumal, 2005).

Correct answer: B

No; once a preliminary decree is passed and not appealed, it becomes final on the matters decided, and a fresh plea on those matters cannot be raised in the appeal against the final decree.

Correct answer: A

Yes; under Section 148 CPC the Court may enlarge the time for doing any act even after the originally fixed period has expired (Mahanth Ram Das v. Ganga Das).

Correct answer: A

Yes; the widow's share vests in her on the husband's death under the Hindu Succession Act, 1956, and that vested right is not divested by her subsequent remarriage.

Correct answer: B

No; Sections 152 and 153 CPC permit only correction of clerical/arithmetical or accidental errors, not amendment of a plaint after the suit has been finally disposed of.

Correct answer: A

Yes; the Court may pass more than one preliminary decree, especially in partition suits, as held in Phoolchand v. Gopal Lal (1967).

Correct answer: D

No limitation period is prescribed for an application under Sections 152/153 CPC, which can be made 'at any time'; hence none of the stated one/two/three-year periods applies.

Correct answer: A

Yes; courts may permit a party to withdraw or explain an admission made in pleadings by way of amendment in appropriate cases, the question of bona fides being addressed at trial (Akshaya Restaurant; Modi Spinning v. Ladha Ram).

Correct answer: C

Since rejection of a plaint is a decree under Section 2(2) CPC, the plaintiff's remedy against rejection is to file an appeal.

Correct answer: A

Yes; on restoration of a suit dismissed for default, the suit is restored to its original position and interim orders passed therein stand revived.

Correct answer: B

Under Section 94(a) CPC (supplemental proceedings), the Court may issue a warrant to arrest the defendant and bring him before the Court to ensure his appearance/secure his presence.

Correct answer: C

A suit for damages for breach of contract lies where the contract was to be performed, as part of the cause of action arises there (Section 20 CPC; place of performance).

Correct answer: D

Under Order XXII Rule 4(4) CPC, the Court may exempt the plaintiff from substituting the LR of a defendant who failed to file a written statement, or having filed one failed to appear and contest, and pronounce judgment notwithstanding his death; all listed situations qualify.

Correct answer: D

Neither a set-off (Order VIII Rule 6) nor a counter-claim (Order VIII Rule 6A) can exceed the pecuniary jurisdiction of the Court, so neither (a) nor (b).

Correct answer: D

Under Section 10 CPC (res sub judice), it is the subsequently instituted suit that is stayed; the earlier/previously instituted suit proceeds and is neither stayed, dismissed nor rejected.

Correct answer: C

Under Order VIII Rule 6A CPC a counter-claim may be set up in respect of any cause of action accruing to the defendant, and is not confined to money suits; it can be raised in all suits.

Correct answer: C

The Supreme Court in Arnesh Kumar v. State of Bihar (2014) issued guidelines (read with Sections 41 and 41A CrPC) restraining mechanical arrest in cognizable offences punishable with imprisonment up to 7 years.

Correct answer: B

Detention in civil prison in execution of a decree (Order XXI CPC) is in the nature of simple imprisonment, not rigorous imprisonment which is a criminal sentence.

Correct answer: D

Under Sections 96-106 IPC the right of private defence extends to all members of an unlawful assembly, arises on reasonable apprehension of danger from an attempt or threat, and exists even though the offence may not be completed; all the above.

Correct answer: A

Withdrawal of suits (with or without leave to file a fresh suit) is governed by Order XXIII Rule 1 CPC; Rule 3 deals with compromise of suits.

Correct answer: A

An order adjudicating an application under Order XXI Rule 97 CPC is, by Order XXI Rule 103, to be treated as a decree and is therefore appealable.

Correct answer: D

Under Section 3 of the Evidence Act, 'fact' includes anything capable of being perceived by the senses, any state of things so perceptible, and any mental condition of which a person is conscious; all the above.

Correct answer: D

Per Selvi v. State of Karnataka (2010), narco-analysis, polygraph and BEAP tests cannot be involuntarily administered to an accused; without consent none of these tests may be used, so 'None'.

Correct answer: C

Section 491 IPC is compoundable only with the Court's permission under Table 2 of Section 320 CrPC; however Section 338 IPC (option d) is likewise compoundable only with permission, making the question ambiguous between (c) and (d).

Correct answer: D

Under the former Section 497 IPC (read with Section 198 CrPC), the wife was expressly not punishable even as an abettor of adultery, so she could not be tried with the man; none of the above.

Correct answer: D

Under Section 315 CrPC an accused may be a competent witness for the defence and give evidence on oath only on his own written request; he cannot be compelled at the instance of the prosecution or court.

Correct answer: D

Section 34 IPC is not a substantive offence but a rule of evidence embodying constructive/joint liability where a criminal act is done by several persons in furtherance of common intention; both (b) and (c).

Correct answer: A

A Test Identification Parade is held during the investigation stage to test the investigation and is not substantive evidence; it pertains to the field of investigation.

Correct answer: C

Among the special/minor Acts listed, the Criminal Law (Amendment) Act, 2013 amended the Protection of Children from Sexual Offences Act, 2012 (Section 42/42A), besides the IPC, CrPC and Evidence Act.

Correct answer: B

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to give statutory shape to the guidelines laid down by the Supreme Court in Vishaka v. State of Rajasthan.

Correct answer: D

The Criminal Law (Amendment) Act, 2013 introduced into the IPC new offences of stalking (S.354D), voyeurism (S.354C) and acid attack (Ss.326A/326B); all the above.

Correct answer: A

The Criminal Law (Amendment) Act, 2013 inserted Section 354A IPC (sexual harassment); Sections 326A and 370A were also inserted, but among the listed options 354A is a section newly introduced by the 2013 Act.

Correct answer: D

In Lalita Kumari v. Govt. of U.P. (2014) the Supreme Court illustratively listed matrimonial/family disputes, commercial offences and medical negligence cases as categories where a preliminary inquiry may be made; all the above.

Correct answer: B

In Badshah v. Sou. Urmila Badshah Godse (2014) the Supreme Court held that a woman deceived into a bigamous marriage by concealment of the first marriage is entitled to maintenance under Section 125 CrPC.

Correct answer: D

The Supreme Court issued guidelines on the arrest of judicial officers by the police in Delhi Judicial Service Association v. State of Gujarat (1991).

Correct answer: D

The proviso to Section 309(2) CrPC bars remand to custody under that section for a term exceeding fifteen days at a time; since 15 days is not among the listed options, the answer is None of the above.

Correct answer: C

Under Section 105 IPC, the right of private defence of property against robbery continues as long as the offender causes or attempts to cause death, hurt or wrongful restraint, so both (a) and (b) together state the rule.

Correct answer: D

Common object of an unlawful assembly (Section 141/149 IPC) is inferred from the nature of the assembly, the weapons used, and the behaviour of members before or at the occurrence — all of the above.

Correct answer: A

Section 149 IPC creates no independent offence; it is a rule of constructive/vicarious liability and is treated as a rule of evidence, the act of one member being attributed to all in furtherance of the common object.

Correct answer: B

Corroborative evidence only lends support to substantive evidence; in the absence of substantive evidence to corroborate, corroborative evidence has no independent worth.

Correct answer: B

Statements of the accused recorded under Section 313 Cr.P.C. are not evidence (not given on oath, not tested by cross-examination); they are only used to enable the court to appreciate the evidence and put incriminating material to the accused.

Correct answer: C

Res gestae (Section 6 of the Evidence Act) applies to both civil and criminal cases, as facts forming part of the same transaction are relevant irrespective of the nature of the proceeding.

Correct answer: C

Conduct of an accused under Section 8 of the Evidence Act is relevant against himself but, by itself, is not relevant against a co-accused.

Correct answer: A

In Laxmi v. Union of India (2013), the Supreme Court issued guidelines regulating the retail sale of acid and granting compensation to acid-attack victims.

Correct answer: C

A bargain to assist another in recovering property in return for a share of the proceeds is champerty (a champertous agreement).

Correct answer: A

Under Section 105 of the Transfer of Property Act, a lease transfers a right to enjoy the immovable property for a term in consideration of rent/premium.

Correct answer: A

Caveat venditor literally means 'let the seller beware'.

Correct answer: B

Handing over the keys of a godown where goods are stored is symbolic delivery of those goods.

Correct answer: C

A mortgage (Section 58 TPA) transfers only an interest in the immovable property by way of security; ownership/possession is not necessarily transferred.

Correct answer: B

A quia timet action is brought in anticipation of some future probable injury to the rights or interests of a person before the wrong is actually committed.

Correct answer: D

Under Section 13 CPC a foreign judgment is not conclusive (and can be challenged) where the court lacked competence, where it was obtained by fraud, or where it sustains a claim founded on a breach of any law in force in India — all the above.

Correct answer: C

Res ipsa loquitur ('the thing speaks for itself') is a rule of evidence raising a presumption of negligence and shifting the evidential burden to the defendant.

Correct answer: B

Judgment on admissions can be pronounced under Order XII Rule 6 CPC.

Correct answer: A

Compensatory costs for false or vexatious claims/defences under Section 35A CPC are capped at Rs. 3,000 (or the limits of the court's pecuniary jurisdiction, whichever is less).

Correct answer: A

An admission (Sections 17-21 Evidence Act) is a substantive piece of evidence, though not conclusive proof and rebuttable by the maker.

Correct answer: A

A caricature is a document within the meaning of Section 3 of the Evidence Act, as 'document' includes any matter expressed or described by means of marks/figures intended to be used for recording that matter — True.

Correct answer: C

Hearsay is admissible where the statement is contemporaneous with the fact (part of res gestae, Section 6) and where there was no interval allowing fabrication — both (a) and (b).

Correct answer: B

The accused surrendering with the severed head and confessing is subsequent 'conduct', which is relevant under Section 8 of the Evidence Act.

Correct answer: D

A Test Identification Parade conducted during investigation is relevant under Section 9 of the Evidence Act (facts establishing identity).

Correct answer: D

An extra-judicial confession is one made to any private person and not to a magistrate or police officer; of the options, the Village Administrative Officer is such a private person.

Correct answer: A

An injunction protects a legal right of the plaintiff; where the plaintiff has no personal interest in the matter, an injunction cannot be granted — True.