Assam Judiciary Mock Test 2 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
90
Questions
24
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Kaziranga National Park, famous for the great Indian one-horned rhinoceros, was inscribed on the UNESCO World Heritage List in which year?
a1985
b1972
c1992
d2005
Answer: A
Kaziranga National Park in Assam was designated a UNESCO World Heritage Site in 1985 for its outstanding population of the greater one-horned rhinoceros and other wildlife.
Majuli, regarded as the world's largest river island, in 2016 became the first island in India to be constituted as a separate:
aUnion Territory
bDistrict
cAutonomous Council
dMunicipality
Answer: B
Majuli, on the Brahmaputra in Assam, was made a district in 2016, becoming the first island district of India; it is also celebrated as the cultural capital of Assam.
The river Brahmaputra, which flows through the Assam valley, is known by which name during its course through Tibet?
aSiang
bYarlung Tsangpo
cLohit
dDihang
Answer: B
Rising near Mount Kailash from the Angsi glacier region in Tibet, the river is called the Yarlung Tsangpo there; it enters India through Arunachal Pradesh as the Siang/Dihang before becoming the Brahmaputra in Assam.
Srimanta Sankardeva, the 15th-16th century saint-reformer of Assam, is associated with the founding of which religious movement?
aEkasarana Dharma (Neo-Vaishnavism)
bBrahmo Samaj
cSahajiya cult
dLingayatism
Answer: A
Sankardeva (1449-1568) founded the Ekasarana Dharma, a form of Neo-Vaishnavism centred on devotion to Krishna, and gave Assam institutions like the Namghar, Sattra, Bhaona and Borgeet.
Sattriya, the classical dance form of Assam, was formally recognised as one of India's classical dances by the Sangeet Natak Akademi in the year:
a2000
b1958
c1975
d2011
Answer: A
Sattriya Nritya, which evolved in the Vaishnava Sattras founded by Sankardeva, was accorded recognition as a classical dance of India by the Sangeet Natak Akademi in 2000.
The legendary Assamese artist Dr. Bhupen Hazarika, popularly called 'Sudhakantha', was conferred the Bharat Ratna (posthumously) in:
a2019
b2014
c2021
d2011
Answer: A
Bhupen Hazarika, the singer, lyricist and film-maker known as the Bard of the Brahmaputra, was awarded India's highest civilian honour, the Bharat Ratna, posthumously in 2019.
The endangered White-winged Wood Duck, locally called Deohanh, is the State bird of Assam; the State animal is the one-horned rhinoceros and the State tree is the Hollong.
Rongali Bihu, the most important of the three Bihus and the Assamese New Year festival, is celebrated in which month?
aMid-April
bMid-January
cMid-December
dMid-October
Answer: A
Rongali (Bohag) Bihu is celebrated in mid-April, marking the Assamese New Year and the spring sowing season; Bhogali (Magh) Bihu falls in January and Kongali (Kati) Bihu in October.
Under the Constitution of India, the Directive Principles of State Policy are contained in which Part?
aPart III
bPart IV-A
cPart IV
dPart V
Answer: C
Directive Principles of State Policy are enshrined in Part IV (Articles 36-51); Part III contains Fundamental Rights and Part IV-A contains Fundamental Duties.
Which one of the following is NOT a fundamental unit (base unit) in the International System of Units (SI)?
aAmpere
bMole
cKelvin
dNewton
Answer: D
The newton is a derived unit (kg.m/s squared) of force; ampere, kelvin and mole are three of the seven SI base units, along with metre, kilogram, second and candela.
The Gauhati High Court presently exercises jurisdiction over which of the following groups of States?
aAssam, Nagaland, Manipur and Mizoram
bAssam, Meghalaya, Manipur and Tripura
cAssam, Arunachal Pradesh, Nagaland and Mizoram
dAssam, Arunachal Pradesh, Meghalaya and Tripura
Answer: C
After separate High Courts for Meghalaya, Manipur and Tripura began functioning on 23 March 2013, the Gauhati High Court's jurisdiction was reduced to Assam, Arunachal Pradesh, Nagaland and Mizoram, with benches at Itanagar, Kohima and Aizawl.
The Gauhati High Court was originally established with effect from which year as the High Court for the province of Assam?
a1937
b1950
c1971
d1948
Answer: D
The High Court of Assam (later renamed the Gauhati High Court in 1971) came into being with effect from 5 April 1948, having been promulgated on 1 March 1948.
Article 244A of the Constitution, empowering Parliament to form an autonomous State comprising certain tribal areas within the State of Assam, was inserted by-
Article 244A was inserted by the Constitution (Twenty-second Amendment) Act, 1969, enabling Parliament to create an autonomous State within Assam comprising specified tribal areas, with a Legislature or Council of Ministers or both.
Article 233A of the Constitution, which validated certain appointments of, and judgments delivered by, district judges made otherwise than in accordance with Articles 233 and 235, was inserted by-
Article 233A was introduced by the Constitution (Twentieth Amendment) Act, 1966, to validate appointments, postings, promotions and judgments of certain district judges that were not strictly in conformity with Articles 233 and 235.
An amendment of the Constitution under Article 368 which seeks to make a change in the provisions relating to the election of the President requires, in addition to a special majority of Parliament-
aThe prior recommendation of the President
bRatification by the Legislatures of not less than one-half of the States
cApproval by a referendum
dRatification by the Legislatures of not less than two-thirds of the States
Answer: B
Under the proviso to Article 368(2), amendments affecting specified federal provisions, including the manner of election of the President (Articles 54 and 55), additionally require ratification by the Legislatures of not less than one-half of the States.
Article 214 of the Constitution declares that there shall be a High Court for each State; however, a common High Court for two or more States, such as the Gauhati High Court for several north-eastern States, is constituted under-
aArticle 226
bArticle 231
cArticle 214
dArticle 241
Answer: B
While Article 214 provides for a High Court for each State, Article 231 (inserted by the Seventh Amendment, 1956) empowers Parliament to establish a common High Court for two or more States or Union Territories.
The Finance Commission, which recommends the distribution of the net proceeds of taxes between the Union and the States, is constituted by the President under-
aArticle 324
bArticle 312
cArticle 280
dArticle 263
Answer: C
Article 280 requires the President to constitute a Finance Commission at the expiration of every fifth year, or earlier if necessary, consisting of a Chairman and four other members.
A person not already in the service of the Union or of the State is eligible, under Article 233(2), to be appointed a district judge only if he has been an advocate or pleader for not less than-
aSeven years
bThree years
cFive years
dTen years
Answer: A
Article 233(2) provides that such a person is eligible to be appointed a district judge only if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
The autonomous district councils functioning in the hill districts of Assam derive their constitutional authority from-
aArticle 243 read with Part IX
bArticle 244(1) read with the Fifth Schedule
cArticle 371A
dArticle 244(2) read with the Sixth Schedule
Answer: D
Article 244(2) read with the Sixth Schedule provides for the constitution of Autonomous District and Regional Councils to administer the tribal areas of Assam and the other specified north-eastern States.
The Gauhati High Court at present exercises jurisdiction over which of the following groups of States?
aAssam, Nagaland, Mizoram and Arunachal Pradesh
bAssam, Meghalaya, Manipur and Tripura
cAssam, Manipur and Tripura only
dAssam, Nagaland, Manipur, Meghalaya, Tripura, Mizoram and Arunachal Pradesh
Answer: A
After Manipur, Meghalaya and Tripura got their own separate High Courts in 2013, the Gauhati High Court's jurisdiction is confined to Assam, Nagaland, Mizoram and Arunachal Pradesh, with outlying Benches at Kohima, Aizawl and Itanagar.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of information relating to a cognizable offence (First Information Report), now permitting a 'Zero FIR' at any police station irrespective of jurisdiction, is governed by
aSection 175
bSection 173
cSection 154
dSection 176
Answer: B
Section 173 BNSS governs registration of information of a cognizable offence (formerly Section 154 CrPC) and statutorily enables Zero FIR at any police station.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no confession made to a police officer shall be proved as against a person accused of any offence is contained in
aSection 22
bSection 25
cSection 23
dSection 27
Answer: C
Section 23 BSA bars proof of a confession made to a police officer (formerly Section 25 of the Indian Evidence Act, 1872), subject to the discovery-of-fact proviso.
Under the Bharatiya Sakshya Adhiniyam, 2023, a statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death (dying declaration) is made relevant under
aSection 65B
bSection 32
cSection 60
dSection 26
Answer: D
Section 26 BSA makes relevant statements by persons who are dead, including the dying declaration (formerly Section 32 of the Indian Evidence Act, 1872).
The Gauhati High Court, the highest court of the State of Assam, was established under the Assam High Court Order, 1948 in the year
a1950
b1971
c1937
d1948
Answer: D
The High Court of Assam was established by the Assam High Court Order, 1948 and inaugurated on 5 April 1948; it was renamed the Gauhati High Court in 1971.
After the reorganisation effected in 2013 (creation of separate High Courts for Meghalaya, Manipur and Tripura), the principal seat of the Gauhati High Court at Guwahati exercises jurisdiction over which of the following groups of States?
aAssam, Mizoram, Meghalaya and Arunachal Pradesh
bAssam, Nagaland, Mizoram and Arunachal Pradesh
cAssam, Nagaland, Manipur and Tripura
dAssam, Meghalaya, Manipur and Tripura
Answer: B
Since 2013, separate High Courts were created for Meghalaya, Manipur and Tripura; the Gauhati High Court now covers Assam, Nagaland, Mizoram and Arunachal Pradesh, with permanent benches at Kohima, Aizawl and Itanagar.
Under Section 106 of the Bharatiya Nyaya Sanhita, 2023, a person who causes death by a rash or negligent act and escapes from the scene without reporting the incident to a police officer or Magistrate soon after, may be punished with imprisonment which may extend to:
aFourteen years
bSeven years
cTen years
dFive years
Answer: C
The proviso to Section 106 of the BNS introduces an aggravated hit-and-run provision: where the offender escapes or fails to report the incident soon after, the imprisonment may extend to ten years and fine.
The provision penalising acts endangering the sovereignty, unity and integrity of India, which replaces the former offence of sedition, is found in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 147
bSection 124A
cSection 152
dSection 150
Answer: C
Section 152 of the BNS penalises exciting secession, armed rebellion or subversive activities endangering the sovereignty, unity and integrity of India, with imprisonment for life or up to seven years and fine. It contains an explanation protecting lawful criticism of the Government.
Among the kinds of punishment listed in Section 4 of the Bharatiya Nyaya Sanhita, 2023, which is a new form of punishment introduced for the first time, not found in the Indian Penal Code, 1860?
aSolitary confinement
bCommunity service
cForfeiture of property
dSimple imprisonment
Answer: B
Section 4 of the BNS enumerates the kinds of punishment, adding 'community service' as a new sixth category alongside death, life imprisonment, imprisonment, forfeiture of property and fine.
The offence of 'organised crime', newly introduced into the general penal law of India, is dealt with under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 111
bSection 113
cSection 109
dSection 115
Answer: A
Section 111 of the BNS, for the first time in the general criminal code, defines and penalises organised crime, covering activities such as kidnapping, extortion, land grabbing, contract killing and cyber-crimes committed by a syndicate.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'terrorist act', drawn substantially from the Unlawful Activities (Prevention) Act, 1967, is contained in:
aSection 121
bSection 113
cSection 124
dSection 111
Answer: B
Section 113 of the BNS introduces 'terrorist act' into the general penal code, modelled on Section 15 of the Unlawful Activities (Prevention) Act, 1967, covering acts threatening the unity, integrity, security or economic security of the country.
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of police custody of fifteen days, in respect of an offence punishable with imprisonment up to ten years, may be sought by the police only within the first-
aninety days of the detention
bforty days of the detention
csixty days of the detention
dfifteen days of the remand
Answer: B
For offences punishable up to ten years (investigation period of sixty days), the fifteen days of police custody under Section 187 BNSS must be sought within the first forty days of detention, as affirmed by the Supreme Court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining may be filed by an accused within thirty days from the date of-
athe registration of the First Information Report
bthe filing of the police report
cthe framing of charge
dthe cognizance taken by the Magistrate
Answer: C
Under Section 290 BNSS, an accused may file an application for plea bargaining within thirty days from the date of framing of charge, unlike the old Chapter XXIA CrPC which had no such time limit.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, introduces a statutory procedure for mercy petitions in death sentence cases. A mercy petition under this section must first be made to-
athe President of India
bthe Supreme Court
cthe Governor of the State
dthe High Court
Answer: C
Section 472 BNSS provides that a mercy petition in a death sentence case is to be made first to the Governor under Article 161, and only on its rejection or disposal, to the President within sixty days.
Cognizance of an offence by a Magistrate, on receiving a complaint, on a police report or upon information received, is provided for under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 200
bSection 223
cSection 210
dSection 190
Answer: C
Section 210 BNSS provides for cognizance of offences by a Magistrate and corresponds to the old Section 190 CrPC.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given-
aonly in writing signed by the informant
bonly orally before the officer in charge
corally or by electronic communication
donly through a Magistrate having jurisdiction
Answer: C
Section 173(1) BNSS expressly permits information about a cognizable offence to be given orally or by electronic communication, the latter being a new feature; if given orally it must be reduced to writing and read over to the informant.
Under the Bengal, Agra and Assam Civil Courts Act, 1887, as applicable in Assam, an appeal from a decree or order of a Subordinate Judge ordinarily lies
ato the High Court in every case
balways to the District Judge alone
cto the Court of Small Causes
dto the District Judge or to the High Court according to the value of the suit
Answer: D
Under the 1887 Act (which governs civil courts in Assam), appeals from a Subordinate Judge lie to the District Judge where the value does not exceed the prescribed limit, and to the High Court in other cases.
Section 89 of the Code of Civil Procedure, 1908 empowers the court, where it appears that there exist elements of a settlement, to refer the dispute for
areference to a special tribunal
btrial by a fast-track court only
carbitration, conciliation, judicial settlement including Lok Adalat, or mediation
dreference to the Advocate General
Answer: C
Section 89 enables the court to formulate terms of settlement and refer the matter to arbitration, conciliation, judicial settlement (including Lok Adalat), or mediation.
The inherent powers of a civil court are preserved under which provision of the Code of Civil Procedure, 1908?
aSection 115
bSection 151
cSection 96
dSection 148
Answer: B
Section 151 saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
Rejection of a plaint is provided for under which provision of the Code of Civil Procedure, 1908?
aOrder VI Rule 17
bOrder I Rule 10
cOrder VII Rule 10
dOrder VII Rule 11
Answer: D
Order VII Rule 11 enumerates the grounds on which a plaint shall be rejected, such as where it discloses no cause of action or is barred by law; Order VII Rule 10 deals with return of the plaint.
The power of the High Court of exercising revision over subordinate courts which have exercised jurisdiction not vested in them by law is contained in
aSection 100 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 96 of the Code of Civil Procedure
dSection 115 of the Code of Civil Procedure
Answer: D
Section 115 confers revisional jurisdiction on the High Court over a subordinate court that has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity.
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court denied the reward to the plaintiff principally because:
aHe had no knowledge of the offer of reward at the time he traced the missing boy
bThe reward offered was unreasonably low
cHe was a minor at the relevant time
dThe offer had been validly revoked
Answer: A
The Court held there can be no acceptance, and hence no contract, where the person performing the act had no knowledge of the offer; Lalman traced the boy before learning of the reward.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer:
aWhen it is put in a course of transmission to him so as to be out of the power of the acceptor
bOnly when the acceptor receives an acknowledgment
cWhen the proposer posts his proposal
dWhen the acceptance comes to the knowledge of the proposer
Answer: A
Section 4 provides that communication of acceptance is complete as against the proposer when it is put in a course of transmission so as to be out of the acceptor's power; against the acceptor, it is complete when it comes to the proposer's knowledge.
Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, Section 20 of the Indian Contract Act, 1872, makes the agreement:
aValid but unenforceable
bVoidable at the option of either party
cVoid
dVoidable only at the option of the party suffering loss
Answer: C
Under Section 20, a bilateral mistake as to a fact essential to the agreement renders the agreement void, as there is no consensus ad idem; an erroneous opinion as to value is not such a mistake.
When the consent of a party to an agreement is caused by undue influence, the agreement under Section 19A of the Indian Contract Act, 1872, is:
aVoidable at the option of the party exercising the influence
bA contract voidable at the option of the party whose consent was so caused
cVoid ab initio
dValid and binding in all respects
Answer: B
Section 19A makes a contract induced by undue influence voidable at the option of the party whose consent was so caused, and the court may set it aside on just terms.
Restitution of conjugal rights, available where one spouse has without reasonable excuse withdrawn from the society of the other, is provided for under which section of the Hindu Marriage Act, 1955?
aSection 10
bSection 9
cSection 12
dSection 13
Answer: B
Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights; the aggrieved party may petition the district court, on which the burden of proving reasonable excuse for withdrawal lies on the person who has withdrawn.
Which of the following is a ground that renders a Hindu marriage VOIDABLE under Section 12 of the Hindu Marriage Act, 1955, rather than void?
aThe parties are sapindas of each other with no permitting custom
bNon-consummation of the marriage owing to the impotence of the respondent
cEither party had a spouse living at the time of the marriage
dThe parties are within the degrees of prohibited relationship with no permitting custom
Answer: B
Non-consummation due to impotence of the respondent is a ground making the marriage voidable under Section 12(1)(a); bigamy, prohibited degrees and sapinda relationship render a marriage void under Section 11.
Under Section 13B of the Hindu Marriage Act, 1955, after the first motion for divorce by mutual consent, the second motion may ordinarily be moved only after a minimum of, and not later than a maximum of,
aSix months and twelve months
bOne month and six months
cThree months and twelve months
dSix months and eighteen months
Answer: D
Section 13B(2) requires the parties to wait at least six months and to move the second motion not later than eighteen months after the first motion; the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held this period directory, not mandatory.
In which case did the Supreme Court hold that the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955 is directory and may be waived in appropriate cases?
aSaroj Rani v. Sudarshan Kumar
bAmardeep Singh v. Harveen Kaur
cLata Singh v. State of U.P.
dSarla Mudgal v. Union of India
Answer: B
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the cooling-off period under Section 13B(2) is directory and can be waived where the marriage is irretrievably broken down.
In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman who is unable to maintain herself is entitled to claim maintenance from her former husband, beyond the iddat period, under:
aThe Shariat Act, 1937
bThe Dissolution of Muslim Marriages Act, 1939
cSection 488 of the Code of Criminal Procedure, 1898
dSection 125 of the Code of Criminal Procedure, 1973
Answer: D
In Shah Bano the Supreme Court held that Section 125 CrPC, being a secular provision, applies to a divorced Muslim woman who cannot maintain herself, entitling her to maintenance even beyond the iddat period.
In Danial Latifi v. Union of India (2001), a Constitution Bench of the Supreme Court:
aStruck down the Muslim Women (Protection of Rights on Divorce) Act, 1986 as unconstitutional
bHeld that the 1986 Act does not apply to divorced Muslim women
cHeld that a divorced Muslim woman is entitled to maintenance only during the iddat period
dUpheld the Muslim Women (Protection of Rights on Divorce) Act, 1986 and held that a reasonable and fair provision must be made within the iddat period extending beyond it
Answer: D
In Danial Latifi the Supreme Court upheld the 1986 Act but read Section 3(1)(a) to require the husband to make a reasonable and fair provision for the divorced wife's future, made within the iddat period though its benefit extends beyond it.
Which of the following is NOT one of the three essentials of a valid gift (Hiba) under Muslim law?
aDeclaration of gift by the donor (ijab)
bRegistration of a written instrument of gift
cDelivery of possession by the donor to the donee (qabza)
dAcceptance of the gift by the donee (qabul)
Answer: B
The three essentials of a valid Hiba are declaration by the donor, acceptance by the donee, and delivery of possession. A Hiba is valid even when oral; registration of a written instrument is not an essential requirement.
The power to admit an appeal or application after the prescribed period on the applicant satisfying the court that he had sufficient cause for not preferring it in time is conferred by Section 5 of the Limitation Act, 1963. This power—
aExtends to suits as well as appeals and applications
bExtends to appeals and applications but not to suits
cExtends only to suits
dExtends only to applications for execution of a decree
Answer: B
Section 5 permits condonation of delay only in respect of an appeal or any application (other than one under Order XXI CPC); it has no application to suits, which are governed strictly by Section 3.
Where the period prescribed for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens. This rule is embodied in—
aSection 5 of the Limitation Act, 1963
bSection 3 of the Limitation Act, 1963
cSection 4 of the Limitation Act, 1963
dSection 9 of the Limitation Act, 1963
Answer: C
Section 4 provides that when the prescribed period expires on a day on which the court is closed, the proceeding may be instituted on the day the court reopens.
Section 9 of the Limitation Act, 1963 lays down that where once time has begun to run—
aNo subsequent disability or inability to institute a suit or make an application stops it
bIt may be suspended by any subsequent disability or inability to institute a suit
cIt is automatically extended by a period equal to the disability
dIt stops running on the death of the plaintiff in every case
Answer: A
Under Section 9, once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it (subject to the proviso regarding letters of administration to a creditor's estate).
Power to grant interim measures of protection by a Court, exercisable before, during or after the arbitral proceedings but before enforcement of the award, is contained in-
aSection 17
bSection 9
cSection 27
dSection 36
Answer: B
Section 9 vests the Court with power to grant interim measures; Section 17 is the corresponding power of the arbitral tribunal during the proceedings.
Under Section 7(4) of the Arbitration and Conciliation Act, 1996, an arbitration agreement is in writing if it is contained in-
aOnly a registered instrument
bOnly a document signed by both parties
cAn oral agreement evidenced by conduct
dA document signed by the parties, or an exchange of letters/telex/telegrams, or an exchange of statements of claim and defence in which its existence is alleged by one party and not denied by the other
Answer: D
Section 7(4) treats an agreement as written if found in a signed document, an exchange of communications providing a record, or an exchange of pleadings where its existence is alleged and not denied.
Section 5 of the Arbitration and Conciliation Act, 1996 provides that, notwithstanding anything contained in any other law, in matters governed by Part I-
aJudicial intervention is unrestricted
bOnly the Supreme Court may intervene
cNo judicial authority shall intervene except where so provided in Part I
dThe High Court alone shall have jurisdiction
Answer: C
Section 5 limits judicial intervention to those instances expressly provided in Part I, giving effect to the policy of minimal court interference in arbitration.
An appeal against an order of the disciplinary committee of the Bar Council of India lies to the Supreme Court under which provision of the Advocates Act, 1961, and within what period?
aSection 39, within 60 days
bSection 38, within 90 days
cSection 37, within 30 days
dSection 38, within 60 days
Answer: D
Section 38 of the Advocates Act, 1961 allows a person aggrieved by an order of the disciplinary committee of the Bar Council of India (under Section 36 or 37) to prefer an appeal to the Supreme Court within sixty days of communication of the order.
Under the Advocates Act, 1961, the right of an advocate whose name is entered on a State roll to practise throughout the territories to which the Act extends is conferred by-
aSection 33
bSection 35
cSection 29
dSection 30
Answer: D
Section 30 of the Advocates Act, 1961 confers on every advocate whose name is on a State roll the right to practise throughout the Indian territories, including all courts (Supreme Court included) and before tribunals and authorities legally authorised to take evidence.
The writ which is issued to compel a public authority to perform a public duty which it has failed to perform is known as the writ of-
aMandamus
bProhibition
cCertiorari
dQuo warranto
Answer: A
Mandamus is a command issued by a court directing a public authority or inferior court to perform a public or statutory duty which it has wrongfully refused or failed to perform.
Where any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. This rule is contained in:
aSection 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 107 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 casts the burden of proving a fact especially within a person's knowledge upon that person, supplementing the general burden under Sections 104-105.
When a fact is deposed to as discovered in consequence of information received from a person accused in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. This provision is found in:
aSection 23(2)
bSection 22
cSection 24
dSection 23(1)
Answer: A
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 is the well-known 'discovery' exception that lets in so much of the information from an accused in custody as relates distinctly to the fact discovered, whether or not it amounts to a confession (corresponding to the old Section 27 IEA).
A confession made by an accused person is irrelevant in a criminal proceeding if it appears to the Court to have been caused by an inducement, threat or promise having reference to the charge and proceeding from a person in authority. This is provided under:
aSection 25 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 renders a confession irrelevant if induced by a threat, inducement or promise from a person in authority with reference to the charge; its proviso restores relevance once that impression is fully removed.
In which case did the Supreme Court hold that Section 6(a) enacts a rule of substantive law while Section 43 enacts a rule of estoppel, and that a transferee taking on the faith of a representation as to title may invoke Section 43 even where the transferor in fact had only a spes successionis?
aHardip Kaur v. Kailash
bRamcoomar Koondoo v. McQueen
cTulsi v. Chandrika Prasad
dJumma Masjid, Mercara v. Kodimaniandra Deviah
Answer: D
In Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847), the Supreme Court held that Sections 6(a) and 43 operate in different fields and that a transferee for consideration, acting on a representation of present title, is entitled to the benefit of Section 43.
The doctrine of 'ostensible owner', which protects a bona fide transferee for value who, after taking reasonable care, deals with a person held out as the owner, is contained in which section of the Transfer of Property Act, 1882?
aSection 53
bSection 38
cSection 51
dSection 41
Answer: D
Section 41 provides that where, with the consent of persons interested, a person is the ostensible owner of immovable property and transfers it for consideration, the transfer is not voidable merely because the transferor was not authorised, provided the transferee took reasonable care and acted in good faith.
Under Section 3 of the Indian Trusts Act, 1882, the person who reposes or declares the confidence is called the:
aBeneficiary
bTrustee
cCestui que trust
dAuthor of the trust
Answer: D
Section 3 provides that the person who reposes or declares the confidence is the "author of the trust"; the one who accepts it is the trustee, and the person for whose benefit it is accepted is the beneficiary.
The rule that a person who, for his own purposes, brings on his land and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, was laid down in:
aDonoghue v. Stevenson
bAshby v. White
cRylands v. Fletcher
dWilkinson v. Downton
Answer: C
Rylands v. Fletcher (1868) established the rule of strict liability for the escape of a dangerous thing brought onto land in the course of a non-natural use, irrespective of negligence.
Which of the following leases of immovable property is compulsorily registrable under Section 17 of the Registration Act, 1908?
aA lease for a term of six months
bA lease for a term of eleven months reserving monthly rent
cAn oral lease for a term of two years
dA lease from year to year or for any term exceeding one year
Answer: D
Section 17(1)(d) requires compulsory registration of leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.
In the Court-fees Act, 1870, ad valorem court-fees (fees calculated on the value of the subject-matter) are prescribed in:
aSection 3 itself
bThe First Schedule
cThe Third Schedule
dThe Second Schedule
Answer: B
The First Schedule to the Court-fees Act, 1870 contains ad valorem fees calculated on the monetary value of the subject-matter, whereas the Second Schedule prescribes fixed fees.
Which of the following correctly states the position regarding a decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963?
aNeither an appeal nor a review is allowed
bA review lies but no appeal is allowed
cAn appeal lies but no review is allowed
dBoth appeal and review are allowed
Answer: A
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of such order or decree be allowed.
Under Section 25F of the Industrial Disputes Act, 1947, retrenchment compensation payable to a workman in continuous service for not less than one year is equivalent to:
aThirty days' average pay for every completed year of continuous service
bOne month's average pay for every completed year of continuous service
cFifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months
dSeven days' average pay for every completed year of continuous service
Answer: C
Clause (b) of Section 25F requires payment, at the time of retrenchment, of compensation equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.
Where land is acquired by the appropriate Government under the RFCTLARR Act, 2013 for a public-private partnership project, the prior consent of the affected families required is at least:
aSeventy per cent
bEighty per cent
cFifty per cent
dNinety per cent
Answer: A
Section 2(2) requires consent of at least seventy per cent of affected families for a public-private partnership project and eighty per cent for acquisition for private companies.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.