Andhra Pradesh Judiciary — Prelims 2019

Correct answer: D

Section 134 of the Indian Evidence Act, 1872 expressly provides that no particular number of witnesses is required to prove any fact.

Correct answer: A

The Indian Evidence Act, 1872 came into force on 1 September 1872. The options are OCR-garbled ('September, 1372' is a mangled '1 September, 1872'); option (a) is the closest match to the correct date.

Correct answer: D

Stem/options are OCR-scrambled and bleed from Q2. Treating the real question as order of witness examination, Section 138 prescribes examination-in-chief, then cross-examination, then re-examination, matching option (d).

Correct answer: B

Stem is OCR-scrambled; the real question is when a fact is 'not proved' under Section 3. A fact is 'not proved' when it is neither proved nor disproved, i.e. option (b).

Correct answer: D

Section 139 of the Indian Evidence Act, 1872 provides that a person summoned merely to produce a document does not become a witness and cannot be cross-examined unless and until he is called as a witness.

Correct answer: B

Section 129 of the Indian Evidence Act, 1872 protects confidential communications between a client and his legal adviser from disclosure (the client's privilege).

Correct answer: B

Section 27 of the Indian Contract Act, 1872 makes every agreement in restraint of a lawful profession, trade or business void to that extent.

Correct answer: A

Section 59 of the Indian Evidence Act, 1872 provides that all facts, except the contents of documents or electronic records, may be proved by oral evidence.

Correct answer: A

Section 28 of the Indian Contract Act, 1872 renders agreements in restraint of legal proceedings void to that extent.

Correct answer: B

Section 124 of the Transfer of Property Act, 1882 provides that a gift comprising future property is void.

Correct answer: D

Standing timber, growing crops and grass are expressly excluded from 'immovable property' under Section 3 of the Transfer of Property Act, 1882 (and the General Clauses Act).

Correct answer: B

Under Section 6 of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage but can be transferred together with it; the other options (stipends to military, mere right to sue, public office) are non-transferable.

Correct answer: D

Section 53(2) of the Transfer of Property Act, 1882 makes a gratuitous transfer made with intent to defraud a subsequent transferee voidable at the option of such transferee.

Correct answer: A

Section 122 of the Transfer of Property Act, 1882 requires acceptance during the donor's lifetime; if the donee dies before acceptance, the gift is void.

Correct answer: A

Under Section 2 of the Indian Contract Act, 1872, a proposal when accepted becomes a promise (not merely an agreement); the set of promises forming consideration constitutes the agreement, so statement (a) is the incorrect one.

Correct answer: A

Section 71 of the Indian Contract Act, 1872 places a finder of goods under the same responsibility as a bailee.

Correct answer: B

An agreement to hire out a daughter for concubinage is immoral and opposed to public policy, hence void under Section 23 of the Indian Contract Act, 1872 (this is the Act's own illustration).

Correct answer: D

Section 2(j) of the Limitation Act, 1963 defines 'period of limitation' as the period prescribed by the Schedule for any suit, appeal or application.

Correct answer: B

Under Article 70 of the Schedule to the Limitation Act, 1963, a suit to recover movable property deposited or pawned from a depositary or pawnee has a limitation period of three years.

Correct answer: D

Section 4 of the Limitation Act, 1963 provides that where the prescribed period expires on a day the court is closed, the suit may be instituted on the day the court reopens.

Correct answer: D

Under Article 104 of the Schedule to the Limitation Act, 1963, a suit to establish a periodically recurring right carries a three-year limitation period.

Correct answer: C

Section 25 of the Limitation Act, 1963 deals with the acquisition of an easement (right to access, light, air, water, etc.) by prescription.

Correct answer: D

Section 37 of the Protection of Women from Domestic Violence Act, 2005 empowers the Central Government to make rules for carrying out the provisions of the Act.

Correct answer: B

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines 'domestic violence'.

Correct answer: A

Section 32(1) provides that the offence under sub-section (1) of Section 31 of the Protection of Women from Domestic Violence Act, 2005 shall be cognizable and non-bailable.

Correct answer: B

Section 8 of the Protection of Women from Domestic Violence Act, 2005 empowers the State Government to appoint Protection Officers in each district.

Correct answer: A

Section 1(3) of the Registration Act, 1908 provides that the Act came into force on the first day of January, 1909.

Correct answer: D

Section 18 of the Registration Act, 1908 lists documents of which registration is optional.

Correct answer: B

Section 12 of the Indian Stamp Act, 1899 deals with cancellation of adhesive stamps so that they cannot be reused.

Correct answer: C

Section 12 of the Specific Relief Act, 1963 deals with specific performance of a part of a contract.

Correct answer: B

A suit under Section 6 of the Specific Relief Act, 1963 cannot be brought after the expiry of six months from the date of dispossession.

Correct answer: D

Section 26 of the Specific Relief Act, 1963 deals with rectification of instruments where they do not express the real intention of the parties.

Correct answer: C

Section 14 of the Specific Relief Act, 1963 enumerates contracts not specifically enforceable.

Correct answer: A

Section 6 of the Specific Relief Act, 1963 expressly bars filing such a suit against the Government.

Correct answer: A

Section 320 of the Indian Penal Code, 1860 defines grievous hurt (Section 325 provides its punishment).

Correct answer: C

Chapter IV of the IPC, comprising Sections 76 to 106, contains the General Exceptions.

Correct answer: A

Section 341 IPC punishes wrongful restraint with simple imprisonment which may extend to one month, or fine up to Rs.500, or both.

Correct answer: A

Under Section 391 IPC, dacoity requires five or more persons conjointly committing or attempting to commit robbery.

Correct answer: B

Section 426 of the Indian Penal Code, 1860 provides the punishment for mischief (Section 425 defines mischief).

Correct answer: C

Section 141 of the Negotiable Instruments Act, 1881 deals with offences by companies.

Correct answer: D

Section 142A was inserted into the Negotiable Instruments Act, 1881 by the Negotiable Instruments (Amendment) Act, 2015 (No. 26 of 2015).

Correct answer: C

Section 147 of the Negotiable Instruments Act, 1881 declares that every offence punishable under the Act is compoundable, notwithstanding the CrPC.

Correct answer: A

Section 142 of the Negotiable Instruments Act, 1881 deals with cognizance of offences (e.g., under Section 138).

Correct answer: B

Section 5 of the Negotiable Instruments Act, 1881 defines a bill of exchange.

Correct answer: D

Section 33 of the Indian Easements Act, 1882 provides for a suit for compensation for disturbance of an easement.

Correct answer: C

Section 1 of the Indian Easements Act, 1882 provides that the Act came into force on the first day of July, 1882.

Correct answer: A

Section 39 of the Indian Easements Act, 1882 provides for extinction of an easement by revocation by the servient owner.

Correct answer: A

Section 15 of the Indian Easements Act, 1882 requires continuous enjoyment for twenty years for acquisition of an easement by prescription (thirty years against Government).

Correct answer: B

Section 42 of the Indian Easements Act, 1882 provides for extinction of a useless easement, i.e., when it becomes incapable of being beneficial to the dominant owner.

Correct answer: B

Being a State enactment, the rule-making power under Section 8 of the Andhra Pradesh Land Encroachment Act, 1905 vests in the State Government.

Correct answer: B

Section 11 of the A.P. Land Encroachment Act, 1905 bars an appeal after sixty days from the date of the order; option 'b' ('00 days') is an OCR rendering of '60 days'.

Correct answer: A

Section 2(12) of the A.P. Excise Act, 1968 defines 'excise revenue' as revenue derived from any duty, fee, tax, rent, fine, penalty or confiscation relating to intoxicating liquors or drugs.

Correct answer: B

Section 41 (penalty for offences not otherwise provided for) of the A.P. Excise Act, 1968 prescribes imprisonment which may extend to six months and fine.

Correct answer: B

Section 46C of the A.P. Excise Act, 1968 allows an appeal to be filed within sixty days from the date of the order.

Correct answer: B

Under the JJ (Care and Protection of Children) Act, 2015, Section 2(35) defines 'juvenile' as a child below the age of eighteen years.

Correct answer: B

Section 27 of the JJ Act, 2015 provides that no person shall be appointed as a member of the Child Welfare Committee for a period of more than three years.

Correct answer: C

Section 28 of the JJ Act, 2015 requires the Child Welfare Committee to meet at least twenty days in a month.

Correct answer: D

'Gaming' is defined in Section 2(2) of the A.P. Gaming Act, 1974 as playing a game for winnings or prizes, etc.; option 'd' is Section 2(2).

Correct answer: A

Section 4 of the A.P. Gaming Act, 1974 punishes a person found gaming/present in a common gaming house with imprisonment up to one month or fine, or both.

Correct answer: C

Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights.

Correct answer: D

Section 5(iii) of the Hindu Marriage Act, 1955 requires the bridegroom to have completed 21 years and the bride 18 years of age.

Correct answer: B

Father is a Class II heir under the Schedule to the Hindu Succession Act, 1956 (Entry I); daughter, widow and son are Class I heirs.

Correct answer: A

Section 30 of the Hindu Succession Act, 1956 deals with testamentary succession (disposition by will).

Correct answer: D

The widow of a predeceased son is a Class I heir under the Schedule to the Hindu Succession Act, 1956; the others are not Class I heirs.

Correct answer: D

Section 6 of the Hindu Succession Act, 1956 (devolution of interest in coparcenary property) embodies the doctrine of notional partition through its Explanation/proviso.

Correct answer: D

Under Order XIV Rule 1(5) CPC, the court must frame issues within fifteen days of settling them, but the proviso permits adjourning framing of issues for a period not exceeding seven days while examining witnesses or documents.

Correct answer: C

Section 102 CPC bars a second appeal where the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Correct answer: A

Section 15 CPC requires every suit to be instituted in the court of the lowest grade competent to try it.

Correct answer: A

Section 23(1) of the Advocates Act, 1961 gives the Attorney-General of India the right of pre-audience over all other advocates.

Correct answer: B

The rule concerns recording of confessions, which are recorded by a Magistrate under Section 164 of the Code of Criminal Procedure.

Correct answer: B

Rule 3 (Hours of Sitting) of the A.P. Criminal Rules of Practice and Circular Orders, 1990 provides that courts shall ordinarily sit from 10-30 A.M. to 5 P.M.

Correct answer: B

The A.P. Criminal Rules of Practice and Circular Orders, 1990 direct that abbreviations shall not be used in Judgments or Orders.

Correct answer: A

Where a case comprises both a cognizable and a non-cognizable offence, the proviso to Section 155(4) CrPC deems it a cognizable case, notwithstanding the non-cognizable offence.

Correct answer: C

The proviso to Section 160(1) CrPC bars requiring a woman (regardless of age) to attend any place other than her residence for the purpose of investigation.

Correct answer: A

Section 260 CrPC permits summary trial only of offences not punishable with death/life/imprisonment exceeding two years; offences under Ss.454, 456 and 411 IPC are expressly summarily triable, so an offence punishable with imprisonment for life cannot be tried summarily.

Correct answer: A

Under Section 167(2A) CrPC, an Executive Magistrate to whom an accused is forwarded may authorise detention in custody for a term not exceeding seven days in the aggregate.

Correct answer: A

Section 43 CrPC empowers a private person to arrest anyone who, in his presence, commits a non-bailable and cognizable offence, and to hand him over to police.

Correct answer: D

Section 265-B CrPC provides that an application for plea bargaining is filed by the accused in the court in which the offence is pending.

Correct answer: B

Under Section 320(4)(b) CrPC, when the person competent to compound is dead, the legal representative may compound the offence but only with the consent/permission of the Court.

Correct answer: C

Order XXII Rule 6 CPC provides that where a party dies after the conclusion of hearing but before judgment, the judgment may be pronounced notwithstanding the death and shall have the same force as if pronounced before death.

Correct answer: A

Order XX Rule 12 CPC allows a preliminary decree directing an inquiry into mesne profits in suits for possession; options b, c and d are wrong because preliminary decrees CAN be passed in dissolution-of-partnership (Rule 15) and administration (Rule 13) suits.

Correct answer: C

Under Section 88 / Order XXXV CPC, in an interpleader suit the plaintiff claims no interest in the subject-matter other than charges or costs and is ready to deliver it to the rightful claimant.

Correct answer: B

Section 114 CPC confers the substantive right of review (read with Order XLVII); Section 113 deals with reference.

Correct answer: D

Under Section 9 CPC, a suit involving purely religious rites or ceremonies, with no civil right at issue, is not a suit of a civil nature.

Correct answer: B

Section 11 CPC embodies the rule of res judicata; Section 10 deals with res sub judice (stay of suit).

Correct answer: C

Order XVI CPC deals with summoning and attendance of witnesses.

Correct answer: B

The 'incorrect' statement is (b): under Order VII Rule 11(e) read with Order IV Rule 1, a plaint CAN be rejected if it is not filed in duplicate, so the claim that it 'cannot' be rejected is wrong.

Correct answer: B

Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 requires the Magistrate to endeavour to dispose of the application within sixty days from the date of its first hearing.

Correct answer: A

Section 11 of the Andhra Pradesh Gaming Act, 1974 deals with presumptive proof of gaming (presumption that the place is a common gaming house when gaming instruments are found).

Correct answer: B

Section 10 of the Hindu Marriage Act, 1955 deals with judicial separation.

Correct answer: C

Section 13-B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent.

Correct answer: B

Per Order V Rule 1 read with Section 27 CPC (as amended), summons is to be issued/served on the defendant within thirty days from the date of institution of the suit.

Correct answer: B

The proviso to Order XVII Rule 1 CPC (as amended in 2002) provides that no adjournment shall be granted more than three times to a party during the hearing of the suit.

Correct answer: A

The AP Criminal Rules of Practice and Circular Orders, 1990 require notices issued by the High Court under Sections 385, 422 and 401(2) CrPC to be served in duplicate.

Correct answer: A

Under the AP Criminal Rules of Practice and Circular Orders, 1990, the panel of advocates engaged for 'Defence at State expense' is designated 'State Brief Counsel'.

Correct answer: C

Section 164 CrPC permits a confession to be recorded only by a Metropolitan Magistrate or a Judicial Magistrate, not by a police officer.

Correct answer: B

Section 368 CrPC empowers the High Court, on a reference for confirmation, to confirm a death sentence passed by the Court of Session.

Correct answer: A

Order XXXIX Rule 3A CPC requires the court, where an injunction is granted without notice to the opposite party, to endeavour to dispose of the application within thirty days.

Correct answer: A

Section 96 CPC provides for appeals from an original decree (first appeal).

Correct answer: D

Section 26 of the Hindu Marriage Act, 1955 empowers the court to pass interim orders regarding custody, maintenance and education of minor children.