Assam Judiciary Mock Test 3 — Questions & Solutions
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Kaziranga National Park in Assam, famous for the great one-horned rhinoceros, was inscribed as a UNESCO World Heritage Site in the year
a2005
b1985
c1972
d1992
Answer: B
Kaziranga National Park was designated a UNESCO World Heritage Site in 1985 and harbours the world's largest population of the greater one-horned rhinoceros.
The Bogibeel Bridge, inaugurated in December 2018 over the Brahmaputra, is notable as India's longest
aRail-cum-road bridge
bPontoon bridge
cPure railway bridge over a river
dCable-stayed road bridge
Answer: A
The Bogibeel Bridge, connecting Dhemaji and Dibrugarh districts, is India's longest rail-cum-road bridge at about 4.94 km, with a road deck above and railway tracks below.
In a certain code language, 'MONDAY' is written as 'NPOEBZ'. How will 'FRIDAY' be written in the same code?
aGTJEBZ
bGSJECZ
cHSJEBZ
dGSJEBZ
Answer: D
Each letter is shifted one position forward in the alphabet (M to N, O to P, and so on). Applying the same rule to FRIDAY gives G, S, J, E, B, Z, i.e. GSJEBZ.
A sum of money becomes Rs. 4,500 in 2 years and Rs. 5,250 in 4 years at the same rate of simple interest. What is the original sum (principal)?
aRs. 3,750
bRs. 3,900
cRs. 4,125
dRs. 4,000
Answer: A
The interest for 2 years is Rs. 5,250 - Rs. 4,500 = Rs. 750, so interest per year is Rs. 375; interest for 2 years is Rs. 750, hence principal = Rs. 4,500 - Rs. 750 = Rs. 3,750.
Who assumed office as the Chief Justice of the Gauhati High Court in July 2025?
aJustice Ashutosh Kumar
bJustice Vijay Bishnoi
cJustice Arup Kumar Goswami
dJustice Sandeep Mehta
Answer: A
Justice Ashutosh Kumar was sworn in as the Chief Justice of the Gauhati High Court on 21 July 2025, following the Supreme Court Collegium's recommendation of 26 May 2025.
On the IUCN Red List of Threatened Species, the Greater One-Horned Rhinoceros found at Kaziranga National Park is presently classified as-
aEndangered
bLeast Concern
cCritically Endangered
dVulnerable
Answer: D
Once listed as 'Endangered', the Greater One-Horned Rhinoceros was down-listed to 'Vulnerable' on the IUCN Red List following conservation success, with the bulk of its population concentrated in Kaziranga, Assam.
After the reorganisation that gave Meghalaya, Manipur and Tripura their own High Courts in 2013, the Gauhati High Court at present exercises jurisdiction over how many States?
aSeven
bFive
cThree
dFour
Answer: D
Since 2013 the Gauhati High Court has jurisdiction over four States — Assam, Nagaland, Mizoram and Arunachal Pradesh — with its principal seat at Guwahati and benches at Kohima, Aizawl and Itanagar.
The Battle of Saraighat (1671), in which the Ahom forces decisively repelled a Mughal invasion on the Brahmaputra, was led on the Ahom side by:
aRaja Ram Singh
bLachit Borphukan
cChaolung Sukapha
dBir Chilarai
Answer: B
The naval Battle of Saraighat was won by the Ahom commander Lachit Borphukan against the Mughal army led by Raja Ram Singh; it remains a celebrated symbol of Assamese resistance.
Charaideo Maidams of Assam, inscribed on the UNESCO World Heritage List in 2024, are the funerary mounds associated with which dynasty?
aAhom dynasty
bKachari dynasty
cKoch dynasty
dChutia dynasty
Answer: A
The Charaideo Maidams, often called the 'Pyramids of Assam', are royal burial mounds of the Ahom dynasty; inscribed in July 2024, they are the first cultural site from Northeast India on the UNESCO list.
Srimanta Sankardev, the 15th-16th century saint-reformer of Assam, is most closely associated with the propagation of:
aKapalika cult
bEkasarana Dharma
cSahajiya Buddhism
dLingayat tradition
Answer: B
Sankardev founded the Neo-Vaishnavite Ekasarana Dharma in Assam, emphasising devotion to one God; he also composed the devotional Borgeets and developed Bhaona and Ankia Naat.
Under Article 233 of the Constitution of India, appointment of persons to be, and the posting and promotion of, district judges in a State shall be made by the-
aPresident of India in consultation with the Chief Justice of India
bState Public Service Commission
cGovernor of the State in consultation with the High Court
dChief Justice of the High Court alone
Answer: C
Article 233(1) provides that the appointment, posting and promotion of district judges in a State shall be made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
The special provision empowering the President to provide for a committee of the Legislative Assembly to safeguard the interests of the tribal areas with respect to the State of Assam is contained in-
aArticle 371A
bArticle 371F
cArticle 371C
dArticle 371B
Answer: D
Article 371B, inserted by the Constitution (Twenty-second Amendment) Act, 1969, makes a special provision for Assam, enabling the President to provide for a committee of the Assam Legislative Assembly consisting of members elected from the tribal areas under the Sixth Schedule.
The Sixth Schedule of the Constitution of India, providing for the administration of tribal areas through Autonomous District Councils, applies to which of the following States?
aAssam, Sikkim, Meghalaya and Tripura
bAssam, Meghalaya, Tripura and Mizoram
cAll the States of the North-East
dAssam, Nagaland, Manipur and Arunachal Pradesh
Answer: B
The Sixth Schedule, framed under Articles 244(2) and 275(1), applies to the tribal areas of Assam, Meghalaya, Tripura and Mizoram, providing for Autonomous District and Regional Councils.
A judge of a High Court holds office until he attains the age of-
a60 years
b70 years
c65 years
d62 years
Answer: D
Under Article 217(1) of the Constitution, as amended by the Fifteenth Amendment Act, 1963, a High Court judge holds office until the age of 62 years (Supreme Court judges retire at 65 under Article 124).
The doctrine of 'basic structure' of the Constitution, which Parliament cannot abrogate even while amending the Constitution, was propounded by the Supreme Court in-
aMinerva Mills v. Union of India
bA.K. Gopalan v. State of Madras
cGolak Nath v. State of Punjab
dKesavananda Bharati v. State of Kerala
Answer: D
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench by a 7:6 majority held that Parliament's amending power under Article 368 does not extend to altering the basic structure of the Constitution.
The writ of superintendence over all courts and tribunals throughout the territory in relation to which a High Court exercises jurisdiction is conferred by-
aArticle 226
bArticle 235
cArticle 227
dArticle 32
Answer: C
Article 227 confers on every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction, except courts and tribunals constituted under any law relating to the Armed Forces.
Which of the following correctly distinguishes the writ jurisdiction of a High Court under Article 226 from that of the Supreme Court under Article 32?
aArticle 226 can be invoked for enforcement of fundamental rights as well as other legal rights, while Article 32 is confined to fundamental rights
bBoth are confined strictly to fundamental rights only
cArticle 32 can be invoked for enforcement of legal rights, while Article 226 is confined to fundamental rights
dArticle 226 jurisdiction is a guaranteed right while Article 32 is discretionary
Answer: A
Article 226 is wider, permitting High Courts to issue writs for enforcement of fundamental rights and 'for any other purpose' (i.e. legal rights), whereas Article 32 is itself a fundamental right limited to the enforcement of fundamental rights.
Part IX of the Constitution, dealing with the Panchayats, was inserted by which Constitutional Amendment Act?
a42nd Amendment Act, 1976
b74th Amendment Act, 1992
c73rd Amendment Act, 1992
d44th Amendment Act, 1978
Answer: C
The Constitution (Seventy-third Amendment) Act, 1992 added Part IX (Articles 243 to 243-O) and the Eleventh Schedule, giving constitutional status to Panchayati Raj institutions; it came into force on 24 April 1993.
In jurisprudence, the proposition that 'law is the command of the sovereign backed by sanction' is the central thesis of
aRoscoe Pound
bJohn Austin
cFriedrich Savigny
dHans Kelsen
Answer: B
John Austin's analytical (imperative) theory defines law as the command of a determinate sovereign enforced by sanction; Kelsen expressly rejected the psychological 'command' element.
The theory of punishment encapsulated in the maxim 'an eye for an eye, a tooth for a tooth' is the
aDeterrent theory
bReformative theory
cRetributive theory
dPreventive theory
Answer: C
The retributive theory rests on requital for the wrong done, embodied in the lex talionis maxim 'an eye for an eye'; it is distinct from the deterrent, preventive and reformative theories.
A right which avails against the whole world at large, as distinguished from a right available only against a determinate person, is termed a right
aIn personam
bInchoate
cIn rem
dImperfect
Answer: C
A right in rem is available against persons generally (e.g., ownership), whereas a right in personam binds only a specific person (e.g., a contractual right).
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is dealt with in which section?
aSection 302
bSection 101
cSection 105
dSection 103
Answer: D
Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 prescribes death or imprisonment for life and fine for murder, replacing the erstwhile Section 302 IPC.
The provision for grant of anticipatory bail (direction for grant of bail to a person apprehending arrest) is now contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 480
bSection 438
cSection 484
dSection 482
Answer: D
Section 482 of the BNSS, 2023 provides for anticipatory bail, corresponding to Section 438 of the repealed CrPC, 1973.
Under the Bharatiya Sakshya Adhiniyam, 2023, admissibility of electronic or digital records is governed primarily by which section?
aSection 63
bSection 62
cSection 45
dSection 65B
Answer: A
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 provides for the admissibility of electronic records (with the certificate requirement), corresponding to Section 65B of the repealed Indian Evidence Act, 1872.
Where a person abets the commission of suicide by a child or a person of unsound mind, the punishment under Section 107 of the Bharatiya Nyaya Sanhita, 2023, may extend to:
aFine only
bImprisonment for seven years
cDeath or imprisonment for life
dImprisonment for two years
Answer: C
Section 107 of the BNS treats abetment of suicide of a child, an insane, delirious or intoxicated person more severely, prescribing death, imprisonment for life, or imprisonment up to ten years, and fine. General abetment of suicide falls under Section 108.
An attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty is made a distinct offence under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 226
bSection 309
cSection 228
dSection 224
Answer: A
Section 226 of the BNS specifically penalises an attempt to commit suicide to compel or restrain the exercise of lawful power by a public servant, with simple imprisonment up to one year, or fine, or both, or community service.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing the death of the assailant in cases of assault as enumerated under which section?
aSection 37
bSection 100
cSection 35
dSection 38
Answer: D
Section 38 of the BNS (corresponding to the old Section 100 IPC) lists the situations, such as reasonable apprehension of death, grievous hurt, rape, acid attack, kidnapping or wrongful confinement, in which the right of private defence of the body extends to causing death.
Criminal conspiracy is defined and made punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 120B
bSection 59
cSection 61
dSection 120A
Answer: C
Section 61 of the BNS defines criminal conspiracy as an agreement by two or more persons to do an illegal act or a legal act by illegal means, replacing Sections 120A and 120B of the Indian Penal Code.
For the offence of dowry death, where a woman dies of unnatural causes within seven years of marriage having been subjected to cruelty connected with a demand for dowry, Section 80 of the Bharatiya Nyaya Sanhita, 2023, prescribes a minimum imprisonment of:
aSeven years
bTen years
cThree years
dFive years
Answer: A
Section 80 of the BNS retains the dowry death provision, prescribing imprisonment for a term not less than seven years which may extend to imprisonment for life.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information is received in respect of a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within-
afourteen days
bseven days
cthirty days
dtwenty-one days
Answer: A
Under the proviso to Section 173(3) BNSS, for cognizable offences punishable with three years or more but less than seven years, the officer in charge may, with prior permission, conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists.
A proclamation requiring an absconding accused to appear, with the power to declare a person a 'proclaimed offender' where the offence is punishable with imprisonment of ten years or more, life imprisonment or death, is provided under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 105
bSection 356
cSection 84
dSection 82
Answer: C
Section 84 BNSS deals with proclamation for a person absconding and empowers the court to declare a proclaimed offender where the offence is punishable with ten years or more, life imprisonment or death.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, regular bail to a person accused of a non-bailable offence may be granted by a court other than the High Court or Court of Session under-
aSection 483
bSection 480
cSection 437
dSection 482
Answer: B
Section 480 BNSS empowers a court (other than the High Court or Court of Session) to grant bail in non-bailable offences and corresponds to the old Section 437 CrPC. Section 483 BNSS deals with the special powers of the High Court and Court of Session.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or victim of the progress of the investigation, including by electronic communication, within-
asixty days
bthirty days
cninety days
done hundred and eighty days
Answer: C
Section 193 BNSS, dealing with the report of the police officer on completion of investigation, requires the informant or victim to be informed of the progress of the investigation within ninety days, a new accountability feature.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, the maximum period for which an accused may be detained pending completion of investigation is-
asixty days
bforty days
cninety days
dfifteen days
Answer: C
Under Section 187 BNSS, the maximum detention period pending investigation is ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences; thereafter the accused is entitled to default bail.
Amendment of pleadings is governed by which provision of the Code of Civil Procedure, 1908?
aOrder VI Rule 17
bOrder II Rule 2
cOrder VII Rule 11
dOrder VIII Rule 1
Answer: A
Order VI Rule 17 permits the court to allow either party to alter or amend its pleadings on such terms as may be just, subject to the proviso restricting amendment after commencement of trial.
The power to transfer and withdraw suits, appeals or other proceedings pending before subordinate courts is conferred on the High Court and the District Court by
aSection 151 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 25 of the Code of Civil Procedure
dSection 22 of the Code of Civil Procedure
Answer: B
Section 24 empowers the High Court or the District Court, on application or suo motu, to transfer or withdraw any suit, appeal or other proceeding from one subordinate court to another competent court. (Section 25 deals with inter-State transfers by the Supreme Court.)
An appeal from an order (as distinct from a decree) lies only in respect of the orders specified in Section 104 read with
aOrder XX of the Code of Civil Procedure
bOrder XLIII of the Code of Civil Procedure
cOrder XLI of the Code of Civil Procedure
dOrder XLVII of the Code of Civil Procedure
Answer: B
Section 104 read with Order XLIII Rule 1 lists the orders from which an appeal lies; no appeal lies from other orders, though they may be challenged in an appeal against the decree.
An application for review of a judgment under Order XLVII of the Code of Civil Procedure, 1908 may be entertained where there is
aa substantial question of law
ba mere erroneous appreciation of evidence
can error apparent on the face of the record, or discovery of new and important matter or evidence
da change in subsequent law alone
Answer: C
Order XLVII Rule 1 permits review where there is an error apparent on the face of the record, discovery of new and important matter not within knowledge despite due diligence, or any other sufficient reason.
A temporary injunction during the pendency of a suit may be granted by the civil court under
aOrder XXXIX of the Code of Civil Procedure
bOrder XXI of the Code of Civil Procedure
cOrder XL of the Code of Civil Procedure
dOrder XXXVIII of the Code of Civil Procedure
Answer: A
Order XXXIX Rules 1 and 2 empower the court to grant a temporary injunction to restrain acts during the pendency of the suit; Order XXXVIII deals with arrest and attachment before judgment.
A 'contract of guarantee' as defined in Section 126 of the Indian Contract Act, 1872, is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The number of parties to such a contract is:
aFour
bTwo
cThree
dOne
Answer: C
A contract of guarantee involves three parties: the surety (who gives the guarantee), the principal debtor (in respect of whose default it is given), and the creditor (to whom it is given).
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity covers loss caused to the promisee by:
aOnly events beyond human control
bAny natural calamity or act of God
cOnly the conduct of a third person, not the promisor
dThe conduct of the promisor himself or of any other person
Answer: D
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused either by the conduct of the promisor himself or by the conduct of any other person.
The delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them, is defined in the Indian Contract Act, 1872, as:
aBailment
bLien
cPledge
dAgency
Answer: A
Section 148 defines 'bailment'; the person delivering the goods is the bailor and the person to whom they are delivered is the bailee.
As a general rule under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to that effect, an agent who enters into a contract on behalf of his principal:
aMay enforce the contract but is not personally bound
bIs personally bound by, and may personally enforce, the contract
cIs personally liable but cannot enforce the contract
dCannot personally enforce, nor is he personally bound by, such contracts
Answer: D
Section 230 lays down that, absent a contrary contract, an agent can neither personally enforce contracts entered into on behalf of his principal nor be personally bound by them, subject to the presumptions in the section.
Punishment of bigamy under Section 17 of the Hindu Marriage Act, 1955 is to be enforced by applying the provisions of which penal sections of the now-repealed Indian Penal Code (corresponding to the Bharatiya Nyaya Sanhita, 2023)?
aSections 493 and 496 IPC
bSections 498A and 304B IPC
cSections 366 and 376 IPC
dSections 494 and 495 IPC
Answer: D
Section 17 makes a bigamous Hindu marriage void and attracts Sections 494 and 495 of the Indian Penal Code (now corresponding to Section 82 of the Bharatiya Nyaya Sanhita, 2023).
Under the Bharatiya Nyaya Sanhita, 2023, which section corresponds to the offence of marrying again during the lifetime of a husband or wife (bigamy)?
aSection 85
bSection 82
cSection 80
dSection 84
Answer: B
Section 82 of the Bharatiya Nyaya Sanhita, 2023 penalises marrying again during the lifetime of a husband or wife (bigamy), corresponding to the erstwhile Section 494 IPC.
Under the proviso to Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with
aThe father
bThe mother
cThe paternal grandfather
dWhoever the court appoints irrespective of parentage
Answer: B
Although the father is the natural guardian of a legitimate minor boy or unmarried girl, the proviso to Section 6(a) directs that custody of a child below five years shall ordinarily be with the mother.
Under classical Sunni (Hanafi) law, a Muslim may, by will (wasiyat), bequeath without the consent of his heirs not more than:
aOne-half of his net estate
bOne-third of his net estate
cThe whole of his estate
dTwo-thirds of his net estate
Answer: B
Under Muslim law a testator can bequeath only one-third of his net estate (after funeral expenses and debts) without the consent of the heirs; a bequest exceeding the bequeathable third requires the heirs' consent.
The period of iddat to be observed by a widow whose marriage was dissolved by the death of her husband is:
aFour lunar months and ten days
bThree menstrual courses
cThree lunar months
dNinety days
Answer: A
Where a marriage is dissolved by the death of the husband, the widow's iddat is four lunar months and ten days. If she is pregnant, the iddat continues until delivery.
Which of the following correctly distinguishes Khula from Mubarat as modes of dissolution of a Muslim marriage?
aKhula is available only to a Shia wife, whereas Mubarat only to a Sunni wife
bKhula requires a decree of court, whereas Mubarat does not
cIn Khula the desire to separate emanates from the wife, whereas in Mubarat the desire is mutual
dIn Khula the desire emanates from the husband, whereas in Mubarat from the wife
Answer: C
In Khula the dissolution is at the instance of the wife, who offers consideration (usually surrender of dower) for her release; in Mubarat the aversion is mutual and both spouses are equally desirous of separation.
A person entitled to institute a suit is a minor at the time from which the prescribed period is to be reckoned. Under Section 6 of the Limitation Act, 1963, he may institute the suit—
aAt any time during his life, the bar of limitation being wholly inapplicable
bOnly with the prior sanction of the District Judge
cOnly within the prescribed period reckoned from the cause of action, with no extension
dWithin the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed
Answer: D
Section 6 permits a person under a legal disability such as minority, insanity or idiocy to institute the suit or make the application after the disability has ceased, within the same period that would otherwise have been allowed from the time prescribed.
In computing the period of limitation for an appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from shall be excluded. This exclusion is provided by—
aSection 13 of the Limitation Act, 1963
bSection 15 of the Limitation Act, 1963
cSection 14 of the Limitation Act, 1963
dSection 12 of the Limitation Act, 1963
Answer: D
Section 12(2) of the Act excludes the day the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order while computing limitation for appeal, revision or review.
Section 14 of the Limitation Act, 1963 allows exclusion, in computing the period of limitation, of the time during which the plaintiff has been prosecuting another civil proceeding against the same party, provided such proceeding was prosecuted—
aWith due diligence and in good faith, in a court unable to entertain it for want of jurisdiction or other like cause
bOnly before the High Court
cOnly where the earlier court had jurisdiction over the matter
dIn any court, whether or not in good faith
Answer: A
Section 14 excludes time spent bona fide and with due diligence in prosecuting a proceeding founded on the same cause of action in a court which, from defect of jurisdiction or other like cause, is unable to entertain it.
Under Section 29A of the Arbitration and Conciliation Act, 1996 (as amended in 2019), the arbitral award in a matter other than international commercial arbitration shall be made within twelve months from-
aThe date of the arbitration agreement
bThe date of completion of pleadings under sub-section (4) of Section 23
cThe date of the first hearing
dThe date the tribunal enters upon the reference
Answer: B
The 2019 amendment substituted the starting point of the twelve-month period to the date of completion of pleadings under Section 23(4), and the period may be extended by six months with the consent of the parties.
An appeal under Section 37 of the Arbitration and Conciliation Act, 1996 lies against an order-
aOn any interlocutory direction of the arbitral tribunal
bAppointing an arbitrator under Section 11
cRecording a settlement under Section 30
dRefusing to refer parties to arbitration under Section 8, or granting/refusing an interim measure under Section 9, or setting aside/refusing to set aside an award under Section 34
Answer: D
Section 37 enumerates the limited appealable orders, including refusal to refer under Section 8, orders under Section 9, and orders setting aside or refusing to set aside an award under Section 34.
Under Section 63 of the Arbitration and Conciliation Act, 1996, the number of conciliators shall be-
aDetermined solely by the court
bOne, unless the parties agree that there shall be two or three conciliators
cAlways three
dAn odd number not exceeding five
Answer: B
Section 63 provides for one conciliator unless the parties agree on two or three; this differs from the rule for arbitrators, where an even number is barred.
Five friends P, Q, R, S and T are sitting in a row facing north. R is at the extreme left end and T is at the extreme right end. Q is immediately to the right of P, and S is immediately to the right of Q. Who is sitting in the middle of the row?
aQ
bR
cP
dS
Answer: A
R is leftmost and T is rightmost. The block P, Q, S occupies the middle three seats in that order, giving R, P, Q, S, T. The middle (third) seat is Q.
In which landmark case did the Supreme Court hold that the principles of natural justice are not confined to judicial or quasi-judicial functions but apply to administrative actions as well?
aState of West Bengal v. Anwar Ali Sarkar
bA.K. Gopalan v. State of Madras
cRai Sahib Ram Jawaya Kapur v. State of Punjab
dA.K. Kraipak v. Union of India
Answer: D
In A.K. Kraipak v. Union of India (1969), the Supreme Court held that the dividing line between administrative and quasi-judicial functions is thin, and the rules of natural justice apply to administrative actions affecting rights as well.
The maxim 'audi alteram partem', a facet of the principles of natural justice, means-
aNo one shall be a judge in his own cause
bHear the other side / no person shall be condemned unheard
cJustice delayed is justice denied
dA decision must be supported by reasons
Answer: B
Audi alteram partem means 'hear the other side' — no person should be condemned, penalised or deprived of rights without being given a fair opportunity of being heard. The 'no one shall be a judge in his own cause' rule is the separate maxim nemo judex in causa sua.
The doctrine of 'notional extension of employment', frequently invoked under the Employees' Compensation Act, 1923, is relevant to determining whether an injury-
aResulted in disablement exceeding three days
bArose 'out of and in the course of' employment though slightly beyond the actual workplace or working hours
cWas directly attributable to the influence of drink or drugs
dWas caused by the wilful disobedience of the employee
Answer: B
The doctrine of notional extension extends the employer's premises and working hours notionally, so that an accident occurring just before entering or just after leaving the actual place of work may still be held to arise 'out of and in the course of' employment under Section 3.
An accomplice shall be a competent witness against an accused person, and as enacted, a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This declaration is contained in:
aSection 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 137 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 declares an accomplice a competent witness and, as actually enacted, provides that a conviction is not illegal if it proceeds upon the 'corroborated' testimony of an accomplice (a departure from the repealed Section 133 IEA wording 'uncorroborated'); illustration (b) to Section 119 adds the rule of prudence that such testimony is generally untrustworthy unless corroborated.
The rule that the Court may presume an accomplice to be unworthy of credit unless he is corroborated in material particulars is embodied in:
aIllustration (a) to Section 119
bIllustration (b) to Section 119
cIllustration (g) to Section 119
dSection 117
Answer: B
Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 allows the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars, operating as a rule of prudence alongside Section 138.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of a person specially skilled in foreign law, science, art, or in identity of handwriting or finger impressions is a relevant fact. Such a person is called an 'expert' under:
aSection 26
bSection 41
cSection 39
dSection 55
Answer: C
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinions of persons specially skilled in foreign law, science, art, handwriting or finger impressions relevant, and styles them 'experts'.
The doctrine of lis pendens, providing that during the pendency of a suit affecting immovable property the property cannot be transferred so as to affect the rights of any party under the decree, is enacted in which section?
aSection 53
bSection 48
cSection 52
dSection 54
Answer: C
Section 52 embodies the doctrine of lis pendens; a transfer made during the pendency of a suit is not void but is subject to the result of the litigation and binds the transferee accordingly.
Under Section 53A of the Transfer of Property Act, 1882, the doctrine of part performance operates so that the right of the transferee in possession is available:
aTo compel the transferor to execute a registered sale deed
bTo bind a subsequent bona fide transferee for value without notice
cAs a shield only, to defend possession against the transferor
dAs a sword to recover possession from the transferor
Answer: C
Section 53A confers only a defensive right; the transferee in possession can resist dispossession by the transferor (a shield), but cannot use it offensively. It also does not affect a subsequent transferee for value without notice.
Under Section 134 of the Motor Vehicles Act, 1988, where a person is injured in an accident involving a motor vehicle, the driver, if no police officer is present, must report the circumstances of the occurrence at the nearest police station within what time?
aWithin 6 hours of the occurrence
bWithin 24 hours of the occurrence
cWithin 12 hours of the occurrence
dWithin 48 hours of the occurrence
Answer: B
Section 134 of the Motor Vehicles Act, 1988 obliges the driver to secure medical attention for the injured and, in the absence of a police officer, to report the occurrence at the nearest police station within 24 hours.
A trust in relation to immoveable property is valid under the Indian Trusts Act, 1882 only if it is declared by:
aAn oral declaration accompanied by delivery of possession
bA non-testamentary instrument in writing signed by the author or the trustee and registered, or by the will of the author or trustee
cA registered instrument signed only by the beneficiary
dAny writing signed by the author, whether registered or not
Answer: B
Section 5 requires that a trust of immoveable property be declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or by the will of the author or of the trustee.
The principle of "absolute liability", under which an enterprise engaged in a hazardous or inherently dangerous activity is liable for harm caused by it without the exceptions available under strict liability, was evolved by the Supreme Court in:
aRural Litigation and Entitlement Kendra v. State of U.P.
bM.C. Mehta v. Union of India (Oleum Gas Leak case)
cVellore Citizens' Welfare Forum v. Union of India
dUnion Carbide Corporation v. Union of India
Answer: B
In M.C. Mehta v. Union of India (1987), arising from the oleum gas leak at Shriram Foods, the Supreme Court evolved the rule of absolute liability, holding hazardous enterprises liable without the exceptions to the Rylands v. Fletcher rule.
Under Section 23 of the Registration Act, 1908, a document (other than a will) shall be presented for registration within how many months from the date of its execution?
aSix months
bEight months
cThree months
dFour months
Answer: D
Section 23 requires that, except for wills, every document be presented for registration within four months from the date of its execution.
Where a court refers the parties to a suit to any one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908, the provision for refund of court-fee is contained in which section of the Court-fees Act, 1870?
aSection 13
bSection 18
cSection 15
dSection 16
Answer: D
Section 16 of the Court-fees Act, 1870 (inserted by the CPC Amendment Act, 1999, w.e.f. 2002) entitles the plaintiff to a refund of court-fee where the court refers the parties to a mode of settlement under Section 89 CPC.
Under Section 5 of the Specific Relief Act, 1963, a person entitled to possession of specific immovable property may recover it in the manner provided by which enactment?
aThe Transfer of Property Act, 1882
bThe Indian Registration Act, 1908
cThe Limitation Act, 1963
dThe Code of Civil Procedure, 1908
Answer: D
Section 5 provides that recovery of specific immovable property by a person entitled to its possession shall be in the manner provided by the Code of Civil Procedure, 1908; the suit proceeds on the basis of title.
Under Section 25N of the Industrial Disputes Act, 1947 (Chapter V-B), prior permission of the appropriate Government is required before retrenchment in an industrial establishment (not being seasonal) which employed, on an average per working day for the preceding twelve months, not less than:
aOne hundred workmen
bFifty workmen
cFive hundred workmen
dThree hundred workmen
Answer: A
Chapter V-B (Section 25N) applies to industrial establishments employing not less than one hundred workmen on average per working day in the preceding twelve months, where prior permission of the appropriate Government is a condition precedent to retrenchment.
Under the First Schedule to the RFCTLARR Act, 2013, the factor by which the market value is to be multiplied in the case of land situated in urban areas is:
aFour
bBetween one and two
cTwo
dOne
Answer: D
The First Schedule fixes the multiplier as one for urban areas, whereas for rural areas it ranges from one to two as notified by the appropriate Government.
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