Assam Judiciary Mock Test 1 — Questions & Solutions
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The Gauhati High Court exercises jurisdiction over Assam and which of the following groups of States?
aMeghalaya, Manipur and Tripura
bNagaland, Manipur and Tripura
cMizoram, Meghalaya and Sikkim
dNagaland, Mizoram and Arunachal Pradesh
Answer: D
Since the creation of separate High Courts for Meghalaya, Manipur and Tripura in 2013, the Gauhati High Court retains jurisdiction over Assam together with Nagaland, Mizoram and Arunachal Pradesh, with benches at Kohima, Aizawl and Itanagar.
The High Court at Guwahati was renamed the 'Gauhati High Court' by which enactment?
aThe North-Eastern Areas (Reorganisation) Act, 1971
bThe Government of Part C States Act, 1951
cThe Assam Reorganisation (Meghalaya) Act, 1969
dThe State of Nagaland Act, 1962
Answer: A
Originally the High Court of Assam and Nagaland, it was renamed the Gauhati High Court in 1971 by the North-Eastern Areas (Reorganisation) Act, 1971, which reorganised the north-eastern region.
Kaziranga National Park in Assam was inscribed as a UNESCO World Heritage Site in the year:
a1985
b1974
c2005
d1992
Answer: A
Kaziranga became a national park in 1974 and was inscribed on the UNESCO World Heritage List in 1985, recognised for its population of the great Indian one-horned rhinoceros.
Rongali Bihu, which marks the Assamese New Year, is celebrated in the Assamese month of:
aAghon
bKati
cMagh
dBohag
Answer: D
Rongali (Bohag) Bihu falls in mid-April in the Assamese month of Bohag and marks the New Year and the onset of the sowing season; the other two Bihus are Kati (Kongali) and Magh (Bhogali).
The 16th-century saint-reformer who founded the Neo-Vaishnavite (Ekasarana Dharma) movement in Assam and established the institution of the 'Satra' was:
aMadhavdeva
bDamodardeva
cSrimanta Sankardeva
dLachit Borphukan
Answer: C
Srimanta Sankardeva founded the Ekasarana Dharma (Neo-Vaishnavism) in Assam and established Satras and Namghars; Madhavdeva was his foremost disciple.
Which Indian Constitutional Amendment removed the Right to Property from the list of Fundamental Rights and made it only a legal/constitutional right under Article 300A?
a44th Amendment
b42nd Amendment
c73rd Amendment
d52nd Amendment
Answer: A
The 44th Constitutional Amendment Act, 1978 deleted Article 19(1)(f) and Article 31 and inserted Article 300A, converting the right to property into a legal right.
Under the Constitution of India, the maximum permissible interval between two sessions of Parliament is:
aThree months
bSix months
cFour months
dOne year
Answer: B
Article 85(1) provides that six months shall not intervene between the last sitting in one session and the first sitting in the next session of Parliament.
In a certain code, MONDAY is written as NPOEBZ. How is FRIDAY written in that same code?
aGSIEBZ
bGSJEAZ
cGSJDBZ
dGSJEBZ
Answer: D
Each letter is shifted forward by one position (M->N, O->P, N->O, D->E, A->B, Y->Z). Applying the same rule to FRIDAY gives F->G, R->S, I->J, D->E, A->B, Y->Z, i.e. GSJEBZ.
A sum of money becomes double in 8 years at simple interest. In how many years will the same sum become four times itself at the same rate of simple interest?
a32 years
b24 years
c16 years
d12 years
Answer: B
If the principal doubles in 8 years, the interest equals the principal in 8 years, so the rate is 12.5% per annum. To become four times, interest must equal three times the principal, requiring 3 x 8 = 24 years.
The capital of Assam, Dispur, became the seat of the State Government after the carving out of which State from Assam in 1972?
aNagaland
bMeghalaya
cArunachal Pradesh
dMizoram
Answer: B
Shillong was the capital of undivided Assam; after Meghalaya was formed as a full State in 1972 (with Shillong as its capital), Dispur, a locality of Guwahati, became Assam's capital.
Article 371B of the Constitution of India, which provides for the constitution of a committee of the Legislative Assembly consisting of members elected from the tribal areas, relates specially to the State of-
aMeghalaya
bAssam
cNagaland
dManipur
Answer: B
Article 371B contains a special provision with respect to the State of Assam, empowering the President to provide for a committee of the Legislative Assembly of members elected from the tribal areas. It was inserted by the Constitution (Twenty-second Amendment) Act, 1969.
Under Article 233 of the Constitution of India, appointments of persons to be district judges in a State shall be made by-
aThe High Court alone
bThe Chief Justice of the High Court alone
cThe President in consultation with the Supreme Court
dThe Governor of the State in consultation with the High Court
Answer: D
Article 233(1) provides that appointments of district judges, and their posting and promotion, shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
The administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram is governed by-
aThe Eighth Schedule
bThe Sixth Schedule
cThe Fifth Schedule
dThe Seventh Schedule
Answer: B
The Sixth Schedule, read with Articles 244(2) and 275(1), provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through Autonomous District and Regional Councils.
The control over district courts and courts subordinate thereto, including the posting and promotion of judicial officers below the rank of district judge, is, under Article 235, vested in-
aThe State Government
bThe State Public Service Commission
cThe Governor of the State
dThe High Court
Answer: D
Article 235 vests in the High Court the control over district courts and subordinate courts, including the posting, promotion and grant of leave to judicial officers below the rank of district judge.
The power of a High Court under Article 226 to issue writs is wider than the power of the Supreme Court under Article 32 because Article 226 permits issuance of writs-
aOnly against the State Government
bOnly with the leave of the Supreme Court
cFor enforcement of fundamental rights and also for any other purpose
dOnly for enforcement of fundamental rights
Answer: C
Article 226 empowers a High Court to issue writs not only for the enforcement of fundamental rights but also 'for any other purpose', a phrase absent in Article 32, making its jurisdiction wider.
A judge of a High Court holds office, under Article 217 of the Constitution, until he attains the age of-
a70 years
b65 years
c62 years
d60 years
Answer: C
Article 217(1) fixes the retirement age of a High Court judge at 62 years; it was raised from 60 to 62 by the Constitution (Fifteenth Amendment) Act, 1963.
The doctrine of 'basic structure' of the Constitution, limiting the amending power of Parliament under Article 368, was propounded by the Supreme Court in-
aA.K. Gopalan v. State of Madras
bKesavananda Bharati v. State of Kerala
cGolak Nath v. State of Punjab
dMinerva Mills v. Union of India
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by a 7-6 majority that Parliament's power to amend under Article 368 does not extend to altering the basic structure of the Constitution.
According to Hans Kelsen's Pure Theory of Law, the basic norm from which every other norm of a legal system derives its validity is called the
aSovereign command
bGrundnorm
cRule of recognition
dVolksgeist
Answer: B
Kelsen's Pure Theory treats law as a hierarchy of norms, each deriving validity from a higher one, with the Grundnorm (basic norm) as the presupposed apex. 'Rule of recognition' is Hart's concept and 'Volksgeist' is Savigny's.
In H.L.A. Hart's analysis in 'The Concept of Law', a legal system is described as the union of primary rules of obligation with secondary rules. The secondary rule that enables authoritative identification of valid primary rules is the
aRule of recognition
bRule of obligation
cRule of adjudication
dRule of change
Answer: A
Hart's three secondary rules are the rule of recognition (to identify valid primary rules), the rule of change, and the rule of adjudication; the rule of recognition is the ultimate criterion of validity.
The Bharatiya Nyaya Sanhita, 2023 introduced a distinct provision punishing murder committed by a group of five or more persons on grounds such as race, caste, community, sex, place of birth, or language (mob lynching). This is found in
aSection 101(2)
bSection 111
cSection 103(2)
dSection 105(2)
Answer: C
Section 103(2) BNS specifically penalises murder by a group of five or more persons acting in concert on enumerated discriminatory grounds, prescribing death or life imprisonment with fine for each member.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to grant anticipatory bail (direction for grant of bail to a person apprehending arrest) is contained in
aSection 438
bSection 482
cSection 480
dSection 483
Answer: B
Section 482 BNSS provides for anticipatory bail, replacing Section 438 of the CrPC, 1973.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under what age, the protection being absolute and irrespective of the child's understanding?
aUnder seven years of age
bUnder eighteen years of age
cUnder twelve years of age
dUnder ten years of age
Answer: A
Section 20 of the BNS embodies the doctrine of doli incapax, granting absolute immunity to a child under seven years of age. Section 21 separately deals with children above seven and under twelve who lack sufficient maturity of understanding.
The offence of 'snatching', recognised as a distinct offence for the first time under the Bharatiya Nyaya Sanhita, 2023, is dealt with under which section?
aSection 304
bSection 309
cSection 303
dSection 311
Answer: A
Section 304 of the BNS defines snatching as theft in which the offender suddenly, quickly or forcibly seizes or grabs movable property, and prescribes imprisonment which may extend to three years and fine.
Which section of the Bharatiya Nyaya Sanhita, 2023, prescribes the punishment for murder?
aSection 105
bSection 101
cSection 103
dSection 302
Answer: C
Section 101 of the BNS defines culpable homicide amounting to murder, while Section 103 prescribes the punishment for murder as death or imprisonment for life and fine.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, the minimum term of imprisonment for each member is not less than:
aSeven years
bTen years
cThree years
dFive years
Answer: A
Section 103(2) of the BNS, addressing what is popularly called mob lynching, provides that each member of such a group shall be punished with death, or imprisonment for life, or imprisonment for a term not less than seven years, and fine.
Causing death by a rash or negligent act not amounting to culpable homicide is punishable under Section 106 of the Bharatiya Nyaya Sanhita, 2023. For the general public, the maximum imprisonment provided is:
aTwo years
bSeven years
cThree years
dFive years
Answer: D
Section 106(1) of the BNS raises the maximum imprisonment for causing death by negligence to five years (from two years under the old Section 304A IPC), with a reduced cap of two years for a registered medical practitioner acting in the course of treatment.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a First Information Report relating to a cognizable offence, irrespective of the area where the offence is committed (the so-called 'Zero FIR'), is provided for in-
aSection 154
bSection 190
cSection 175
dSection 173
Answer: D
Section 173 BNSS deals with information in cognizable cases and statutorily recognises the Zero FIR by permitting registration irrespective of the place of occurrence. It corresponds to the old Section 154 CrPC.
Anticipatory bail, i.e., direction for grant of bail to a person apprehending arrest on accusation of having committed a non-bailable offence, is dealt with under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 483
cSection 480
dSection 438
Answer: A
Section 482 BNSS provides for the grant of anticipatory bail and corresponds to the old Section 438 CrPC. Section 480 BNSS (old Section 437) deals with regular bail in non-bailable offences.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest can be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police where the person to be arrested is infirm or above sixty years of age and the offence is punishable with imprisonment-
afor a term not exceeding two years
bfor less than three years
cfor less than seven years
dfor less than five years
Answer: B
Section 35(7) BNSS bars arrest of a person who is infirm or above sixty years for an offence punishable with imprisonment of less than three years, except with prior permission of an officer not below the rank of Deputy Superintendent of Police.
A new feature introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023, is the inquiry, trial or judgment in absentia of a proclaimed offender. This is contained in-
aSection 356
bSection 299
cSection 339
dSection 84
Answer: A
Section 356 BNSS introduces trial in absentia of a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest; the proclamation itself is under Section 84 BNSS.
Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, makes it mandatory for a forensic expert to visit the scene of crime to collect forensic evidence in respect of an offence punishable with imprisonment-
afor seven years or more
bfor life or death only
cfor ten years or more
dfor three years or more
Answer: A
Section 176(3) BNSS mandates the visit of a forensic expert to the crime scene, and videography of the process, for any offence punishable with imprisonment of seven years or more.
Under Section 9 of the Code of Civil Procedure, 1908, the Civil Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
aonly expressly barred by statute
bbarred only where a special tribunal is constituted
ceither expressly or impliedly barred
dbarred only by a notification of the State Government
Answer: C
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. The bar may arise expressly by statute or by necessary implication.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court only
aon a mixed question of law and fact
bon any error apparent on the face of the record
con a question of fact
don a substantial question of law
Answer: D
Section 100, as amended in 1976, permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court.
Where the value of the subject-matter of an original suit cognizable by a Court of Small Causes does not exceed ten thousand rupees, a first appeal under Section 96(4) of the Code of Civil Procedure, 1908 lies
aon a question of law only
bon a question of fact only
con both questions of fact and law
dand no appeal lies at all
Answer: A
Section 96(4) bars a first appeal in small-cause suits valued at not more than ten thousand rupees except on a question of law, to curtail appeals in petty cases.
The principle of res judicata embodied in Section 11 of the Code of Civil Procedure, 1908 bars a court from trying a suit or issue which
ahas been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court
binvolves a substantial question of law
cis pending in another competent court
dis barred by limitation
Answer: A
Section 11 (res judicata) bars retrial of a matter directly and substantially in issue in a former suit between the same parties, litigating under the same title, finally decided by a competent court. A pending matter is instead governed by Section 10 (res sub judice).
An application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908 may be allowed where the defendant satisfies the court that
athe decree is erroneous on merits
ba substantial question of law arises
cthere is an error apparent on the face of the record
dthe summons was not duly served or he was prevented by sufficient cause from appearing
Answer: D
Under Order IX Rule 13, an ex parte decree is set aside if the defendant shows the summons was not duly served or that sufficient cause prevented his appearance when the suit was called for hearing.
Under Section 2(d) of the Indian Contract Act, 1872, an act or abstinence amounts to consideration only when it is done:
aAt the desire of the promisee alone
bAt the desire of a third party
cVoluntarily, without any request
dAt the desire of the promisor
Answer: D
Section 2(d) requires that the act, abstinence or promise be done 'at the desire of the promisor'; a purely voluntary act not requested by the promisor is not consideration.
An agreement made without consideration is void, but Section 25 of the Indian Contract Act, 1872, recognises an exception where it is:
aExpressed in writing, registered, and made on account of natural love and affection between parties standing in near relation
bMade for any immoral purpose
cBased on an erroneous opinion as to value
dMade orally between strangers
Answer: A
Section 25(1) makes an agreement without consideration valid where it is in writing and registered, and is made on account of natural love and affection between parties standing in a near relation to each other.
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is:
aVoidable at the option of the minor
bEnforceable against the minor's guardian
cValid if ratified on attaining majority
dVoid ab initio
Answer: D
Reading Section 11 with Sections 10 and 2(h), the Privy Council held that a minor is not competent to contract and his agreement is void ab initio, not merely voidable.
Where a minor is supplied with necessaries suited to his condition in life, Section 68 of the Indian Contract Act, 1872, entitles the supplier to be reimbursed:
aFrom the minor's guardian personally
bFrom the property of the minor
cPersonally from the minor
dNot at all, as the contract is void
Answer: B
Under Section 68, a person who supplies necessaries to one incapable of contracting (such as a minor) is entitled to be reimbursed from the property of such incapable person, the minor incurring no personal liability.
A marriage solemnized in contravention of the minimum-age condition in Section 5(iii) of the Hindu Marriage Act, 1955 is
aVoid only if the bride is below 15 years
bVoidable under Section 12
cNeither void nor voidable, but the parties are punishable under Section 18
dVoid under Section 11
Answer: C
A breach of Section 5(iii) does not make the marriage void under Section 11 or voidable under Section 12; the marriage remains valid, but the parties incur penal liability under Section 18.
The Saptapadi (taking of seven steps before the sacred fire) as an essential ceremony of a Hindu marriage is dealt with under which section of the Hindu Marriage Act, 1955?
aSection 7
bSection 8
cSection 9
dSection 5
Answer: A
Section 7 provides that a Hindu marriage may be solemnized according to customary rites, and where Saptapadi is included, the marriage becomes complete and binding on completion of the seventh step.
Under the Hindu Marriage Act, 1955, a sapinda relationship extends, in the line of ascent, to how many degrees through the father and through the mother respectively?
aFifth through both lines
bThird through the father and fifth through the mother
cFifth through the father and third through the mother
dThird through both lines
Answer: C
Section 3(f) read with Section 5(v) extends sapinda relationship to the fifth generation (inclusive) in the line of ascent through the father and the third generation (inclusive) through the mother.
Under the Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim law is entitled to a decree for dissolution of her marriage on the ground that the whereabouts of her husband have not been known for a period of:
aThree years
bTwo years
cFour years
dSeven years
Answer: C
Section 2(i) of the Dissolution of Muslim Marriages Act, 1939 entitles a wife to a decree where the husband's whereabouts have not been known for a period of four years. A proviso requires the decree not to take effect for six months to allow the husband to appear.
In Shayara Bano v. Union of India (2017), the Supreme Court, by a majority, held that the practice of talaq-e-biddat (instant triple talaq) is:
aUnconstitutional and set aside
bValid as an essential religious practice
cValid but subject to court approval
dValid only among the Hanafi school
Answer: A
A five-judge Constitution Bench, by a 3:2 majority on 22 August 2017, struck down talaq-e-biddat (instant triple talaq) as unconstitutional and manifestly arbitrary. It was held not to be an essential practice of Islam.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the maximum term of imprisonment to which a husband who pronounces talaq (in the form of talaq-e-biddat) may be sentenced is:
aTwo years
bThree years
cOne year
dFive years
Answer: B
Section 4 of the 2019 Act makes pronouncement of talaq by a Muslim husband punishable with imprisonment which may extend to three years, and also a fine. The offence is cognizable and non-bailable in the manner prescribed by the Act.
Under the Limitation Act, 1963, the expression "tort" is defined as a civil wrong which is not exclusively the breach of a contract or the breach of trust. This definition is contained in which clause of Section 2?
aSection 2(n)
bSection 2(k)
cSection 2(l)
dSection 2(m)
Answer: D
Section 2(m) of the Limitation Act, 1963 defines "tort" as a civil wrong which is not exclusively the breach of a contract or the breach of trust.
Section 3 of the Limitation Act, 1963 provides that every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed—
aOnly if limitation is pleaded as a defence by the opposite party
bAlthough limitation has not been set up as a defence
cOnly with the prior leave of the court
dOnly in suits relating to immovable property
Answer: B
Section 3 mandates dismissal of a suit, appeal or application filed beyond the prescribed period "although limitation has not been set up as a defence"; it is the court's duty to apply it suo motu.
Under Section 10 of the Arbitration and Conciliation Act, 1996, the parties are free to determine the number of arbitrators, provided that such number-
aShall not be an even number
bShall always be a sole arbitrator
cShall not exceed three
dShall not be less than two
Answer: A
Section 10(1) permits parties to fix the number of arbitrators but bars an even number; under Section 10(2), failing agreement the tribunal consists of a sole arbitrator.
An application for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 must ordinarily be made within-
aThree months from the date of receipt of the award, extendable by a further thirty days on sufficient cause
bOne year from the date of receipt of the award
cNinety days, extendable by sixty days
dSixty days from the date of the award
Answer: A
Section 34(3) prescribes three months from receipt of the award, with a further period of thirty days (but not thereafter) if the applicant shows sufficient cause for the delay.
The doctrine of 'kompetenz-kompetenz', empowering an arbitral tribunal to rule on its own jurisdiction including objections to the existence or validity of the arbitration agreement, is embodied in-
aSection 11
bSection 34
cSection 8
dSection 16
Answer: D
Section 16 codifies the competence-competence principle, allowing the tribunal to rule on its own jurisdiction; under Section 16(2) such a plea must be raised not later than the submission of the statement of defence.
Under Section 24 of the Advocates Act, 1961, the minimum age prescribed for a person to be admitted as an advocate on a State roll is-
a18 years
b23 years
c21 years
d25 years
Answer: C
Section 24(1)(a) of the Advocates Act, 1961 requires that a person must have completed the age of 21 years to be admitted as an advocate on a State roll. There is no upper age limit prescribed.
Where a State Bar Council has reason to believe that an advocate on its roll is guilty of professional or other misconduct, under which section of the Advocates Act, 1961 must it refer the case to its disciplinary committee?
aSection 34
bSection 35
cSection 36
dSection 37
Answer: B
Section 35(1) of the Advocates Act, 1961 provides that a State Bar Council, on having reason to believe an advocate is guilty of professional or other misconduct, shall refer the case for disposal to its disciplinary committee.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer by a person accused of an offence:
aShall be proved if it is reduced to writing and signed by the accused
bShall not be proved as against the person accused of the offence
cShall be proved against the accused only with the Magistrate's permission
dShall be proved if the police officer is of the rank of Inspector or above
Answer: B
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 bars proof of a confession made to a police officer against the accused, to guard against confessions extracted by coercion. The bar is absolute, irrespective of the officer's rank or whether it is in writing.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (a 'dying declaration'), is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aOnly if the declarant was under expectation of death at the time of making it
bOnly if it is recorded by a Judicial Magistrate
cWhether or not the declarant was, at the time, under expectation of death
dOnly in proceedings for the offence of murder
Answer: C
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 makes such a statement relevant whether or not the person was, at the time of making it, under expectation of death, and whatever the nature of the proceeding in which the cause of death comes into question. Unlike English law, no expectation of death is required.
"A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A." This illustration appears under which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 104
bSection 109
cSection 108
dSection 106
Answer: C
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places on the accused the burden of proving that his case falls within any of the General Exceptions of the penal law; the unsoundness-of-mind plea is the standard illustration appended to it.
The mere chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred. This bar is found in which provision of the Transfer of Property Act, 1882?
aSection 6(a)
bSection 5
cSection 8
dSection 43
Answer: A
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, or any other mere possibility of a like nature cannot be transferred. It is a rule of substantive law.
The doctrine of 'feeding the grant by estoppel', under which a transfer fastens itself on a title that the transferor subsequently acquires, is embodied in which section of the Transfer of Property Act, 1882?
aSection 43
bSection 52
cSection 41
dSection 53A
Answer: A
Section 43 codifies the rule of feeding the grant by estoppel: where a person erroneously represents that he is authorised to transfer property and later acquires an interest in it, the transferee may, at his option, claim that interest.
Under Section 4 of the Motor Vehicles Act, 1988, the general minimum age for driving a motor vehicle in a public place is 18 years. However, a person who has attained the age of 16 years may drive a motor cycle of which class?
aA motor cycle with gear of any engine capacity
bAny transport vehicle not carrying passengers for hire
cA light motor vehicle other than a transport vehicle
dA motor cycle with engine capacity not exceeding 50 cc
Answer: D
The proviso to Section 4(1) permits a person who has attained 16 years to drive a motor cycle with engine capacity not exceeding 50 cc (a motor cycle without gear). The general minimum age remains 18 years.
Under the Indian Trusts Act, 1882, a "trust" is best described as:
aA contract between the author and the beneficiary for the management of property
bA gift of property made absolutely in favour of another person
cA transfer of ownership of property to a corporate body for public benefit
dAn obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner
Answer: D
Section 3 defines a trust as an obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another. It is not a contract or an absolute gift.
The term "tort" is defined as "a civil wrong which is not exclusively the breach of a contract or the breach of a trust" in which of the following enactments?
aThe General Clauses Act, 1897
bThe Indian Contract Act, 1872
cThe Specific Relief Act, 1963
dThe Limitation Act, 1963
Answer: D
Section 2(m) of the Limitation Act, 1963 defines "tort" as a civil wrong which is not exclusively the breach of a contract or the breach of a trust. There is no general statute in India that codifies the law of torts.
Under Section 17 of the Registration Act, 1908, registration is compulsory for a non-testamentary instrument which creates, declares, assigns, limits or extinguishes a right, title or interest in immovable property of the value of:
afifty rupees and upwards
bone hundred rupees and upwards
cfive hundred rupees and upwards
done thousand rupees and upwards
Answer: B
Section 17(1)(b) makes registration compulsory for non-testamentary instruments dealing with immovable property of the value of one hundred rupees and upwards.
Under Section 7 of the Court-fees Act, 1870, in a suit for maintenance or for an annuity or other sum payable periodically, the value of the subject-matter for the purpose of computing court-fee shall be deemed to be:
aTwenty times the amount claimed to be payable for one year
bThe aggregate of the amount claimed for the whole period of the annuity
cFive times the amount claimed to be payable for one year
dTen times the amount claimed to be payable for one year
Answer: D
Section 7 of the Court-fees Act, 1870 provides that in suits for maintenance and annuities or other sums payable periodically, the value of the subject-matter is deemed to be ten times the amount claimed to be payable for one year.
Under the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property under Section 6 must be brought within how many months from the date of dispossession?
aThree months
bOne year
cSix months
dTwo years
Answer: C
Section 6(2)(a) bars a suit for recovery of possession after the expiry of six months from the date of dispossession; such a suit is a summary remedy independent of title.
Under Section 25C of the Industrial Disputes Act, 1947, a workman who is laid off (and is otherwise eligible) is entitled to compensation equal to what proportion of the total of his basic wages and dearness allowance for the period of lay-off?
aThe full amount (hundred per cent)
bTwenty-five per cent
cFifty per cent
dSeventy-five per cent
Answer: C
Section 25C entitles an eligible laid-off workman to compensation equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been laid off.
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the solatium payable in addition to compensation is equivalent to:
aThirty per cent of the market value
bFifty per cent of the compensation amount
cTwelve per cent of the market value
dOne hundred per cent of the compensation amount
Answer: D
Section 30 of the RFCTLARR Act, 2013 provides for a solatium equal to one hundred per cent of the compensation amount determined under the First Schedule.
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