Assam Judiciary Mock Test 4 — Questions & Solutions
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Kaziranga National Park, a UNESCO World Heritage Site in Assam, is principally known as the world's major stronghold of the:
aAsiatic lion
bGreater one-horned rhinoceros
cSnow leopard
dGreat Indian bustard
Answer: B
Kaziranga, spread along the Brahmaputra, harbours the single largest population of the Indian one-horned rhinoceros and was inscribed by UNESCO largely on that basis.
The river that the people of Assam know as the Brahmaputra is, in its upper Tibetan course, called the:
aYarlung Tsangpo
bLohit
cDibang
dSiang
Answer: A
The river rises from the Angsi glacier region of Tibet, where it is called the Yarlung Tsangpo; it enters India as the Siang in Arunachal Pradesh and becomes the Brahmaputra in Assam.
Which of the following is the State bird of Assam?
aGreater adjutant stork
bWhite-winged wood duck
cGreat hornbill
dBengal florican
Answer: B
The State bird of Assam is the white-winged wood duck, known locally as 'Deo Hans'; the State animal is the one-horned rhinoceros and the State flower the foxtail orchid.
Dispur was made the capital of Assam in 1973 chiefly because the earlier capital had become the capital of a newly created State. That earlier capital was:
aAgartala
bKohima
cShillong
dImphal
Answer: C
When Meghalaya was carved out of Assam, Shillong became Meghalaya's capital, so a new capital complex was built at Dispur in Guwahati, which became Assam's capital in 1973.
Choose the option that is most nearly OPPOSITE in meaning to the word 'FRUGAL'.
aThrifty
bPrudent
cSparing
dLavish
Answer: D
'Frugal' means economical or sparing in the use of resources; its opposite is 'lavish', meaning extravagant. Thrifty, prudent and sparing are synonyms of frugal.
aEach of the student have submitted their assignment.
bEach of the students have submitted his assignment.
cEach of the students has submitted his assignment.
dEach of the students have submitted their assignment.
Answer: C
'Each' is singular and takes a singular verb ('has') and a singular pronoun; the noun after 'of the' is plural ('students'), making 'Each of the students has submitted his assignment' correct.
The Treaty of Yandaboo, signed in 1826, which brought Assam under British control, marked the end of which war?
aFirst Anglo-Burmese War
bThird Carnatic War
cThird Anglo-Maratha War
dFirst Anglo-Sikh War
Answer: A
The Treaty of Yandaboo (24 February 1826) ended the First Anglo-Burmese War (1824-1826); under it Burma renounced its claims over Assam and Manipur, paving the way for British annexation of Assam.
Kaziranga National Park, renowned for the greater one-horned rhinoceros, was inscribed as a UNESCO World Heritage Site in the year:
a2006
b1992
c1985
d1972
Answer: C
Kaziranga National Park in Assam was declared a UNESCO World Heritage Site in 1985; it harbours roughly two-thirds of the world's greater one-horned rhinoceros population.
Majuli, recognised as the largest river island in the world, was officially declared India's first island district in the year:
a2016
b2018
c2014
d2015
Answer: A
In June 2016 the Government of Assam declared Majuli, the largest river island in the world (formed by the Brahmaputra), as a district, making it India's first island district.
Srimanta Sankardeva, the 15th-16th century saint-reformer of Assam, is associated with the founding of which religious tradition?
aEkasarana Dharma (Neo-Vaishnavism)
bBrahmo Samaj
cLingayatism
dSahajiya Buddhism
Answer: A
Srimanta Sankardeva (1449-1568) founded Ekasarana Dharma, a form of Neo-Vaishnavism centred on devotion to Krishna, and pioneered Borgeet, Ankia Naat and the Sattriya dance form.
The Gauhati High Court, established in 1948, has its principal seat at:
aItanagar
bDispur
cShillong
dGuwahati
Answer: D
The Gauhati High Court came into existence in 1948 and its principal seat is at Guwahati; though it initially sat at Shillong, it shifted to Guwahati on 14 August 1948.
Rongali Bihu (Bohag Bihu), which marks the Assamese New Year and the spring harvest, is celebrated in the month of:
aDecember
bJanuary
cApril
dOctober
Answer: C
Rongali Bihu (Bohag Bihu) falls in mid-April, coinciding with the Assamese month of Bohag; it is the most festive of the three Bihus and marks the Assamese New Year.
Choose the word most nearly OPPOSITE in meaning to the word 'PROLIX'.
aSuccinct
bVerbose
cRambling
dTedious
Answer: A
'Prolix' means using too many words and tediously long; its antonym is 'succinct', meaning briefly and clearly expressed. 'Verbose', 'tedious' and 'rambling' are near-synonyms of prolix.
Choose the word that is the SYNONYM of 'PERFUNCTORY'.
aThorough
bEnthusiastic
cMeticulous
dCareless
Answer: D
'Perfunctory' means done with little interest or effort, merely as a routine duty; 'careless' is the closest synonym. 'Thorough', 'meticulous' and 'enthusiastic' are opposites.
Under Article 243D, what proportion of the total number of seats to be filled by direct election in every Panchayat is reserved for women?
aNot less than one-third
bNot less than one-half
cNot less than one-fifth
dNot less than one-fourth
Answer: A
Article 243D(3) mandates that not less than one-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women, including the seats reserved for SCs and STs.
The writ that is issued to call upon a person holding a public office to show under what authority he holds that office is the writ of-
aMandamus
bCertiorari
cQuo Warranto
dProhibition
Answer: C
The writ of Quo Warranto restrains a person from acting in a public office to which he is not entitled and requires him to show by what authority he holds that office; it can be issued under Articles 32 and 226.
The minimum age prescribed for a person to be qualified for election as President of India under Article 58 is-
a30 years
b25 years
c35 years
d40 years
Answer: C
Article 58(1)(b) provides that a person must have completed the age of 35 years to be eligible for election as President of India; he must also be qualified for election as a member of the Lok Sabha.
The removal of a Judge of a High Court on the ground of proved misbehaviour or incapacity is effected under Article 217 read with-
aArticle 124(4), by an order of the President after an address by each House of Parliament supported by the prescribed special majority
bArticle 311, by an order of the Governor
cArticle 356, on the recommendation of the Council of Ministers
dArticle 235, by the High Court itself
Answer: A
A High Court judge can be removed only in the manner provided in Article 124(4) for a Supreme Court judge, i.e. by a Presidential order passed after an address by each House of Parliament supported by a majority of total membership and two-thirds of members present and voting, on the ground of proved misbehaviour or incapacity.
The 'Directive Principles of State Policy' contained in Part IV of the Constitution are-
aEnforceable in a court of law
bEnforceable only against the Union and not the States
cEnforceable only by the Supreme Court under Article 32
dNot enforceable by any court but fundamental in the governance of the country
Answer: D
Article 37 expressly provides that the Directive Principles shall not be enforceable by any court, but the principles laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply them in making laws.
The protection against conviction under an ex post facto law and against double jeopardy and self-incrimination is guaranteed by-
aArticle 21
bArticle 19
cArticle 20
dArticle 22
Answer: C
Article 20 protects against ex post facto laws (clause 1), double jeopardy (clause 2), and self-incrimination (clause 3); these protections are available even during a proclamation of Emergency as Article 20 cannot be suspended under Article 359.
Article 371B of the Constitution, which empowers the President to provide for the constitution and functions of a committee of the Legislative Assembly consisting of members elected from the tribal areas, was inserted by which Constitutional Amendment and relates to which State?
a53rd Amendment, 1986 — State of Mizoram
b22nd Amendment, 1969 — State of Assam
c27th Amendment, 1971 — State of Manipur
d13th Amendment, 1962 — State of Nagaland
Answer: B
Article 371B, a special provision with respect to the State of Assam, was inserted by the Constitution (Twenty-second Amendment) Act, 1969. It allows a legislative committee drawn from the tribal areas listed in Paragraph 20 of the Sixth Schedule.
Article 244A of the Constitution, which empowers Parliament to form an autonomous State comprising certain tribal areas with a local Legislature or Council of Ministers, applies to tribal areas in which State?
aMizoram
bTripura
cMeghalaya
dAssam
Answer: D
Article 244A, inserted by the Twenty-second Amendment Act, 1969, empowers Parliament to constitute an autonomous State within the State of Assam in respect of certain tribal areas, with provision for a local Legislature or Council of Ministers or both.
The Gauhati High Court currently exercises jurisdiction over which of the following sets of States?
aAssam, Nagaland, Manipur and Tripura
bAssam, Arunachal Pradesh, Nagaland and Mizoram
cAssam, Mizoram, Meghalaya and Sikkim
dAssam, Meghalaya, Manipur and Tripura
Answer: B
After the carving out of separate High Courts for Manipur, Meghalaya and Tripura in 2013, the Gauhati High Court today exercises jurisdiction over Assam, Arunachal Pradesh, Nagaland and Mizoram.
Who is regarded as the chief exponent of the 'imperative theory' of law, which defines law as the 'command of the sovereign backed by sanction'?
aJohn Austin
bJohn Salmond
cRoscoe Pound
dH.L.A. Hart
Answer: A
John Austin propounded the imperative theory, defining law as a command of the political sovereign enforced by a sanction; Salmond instead defined law through the rules recognised by courts of justice.
In Hohfeld's scheme of jural relations, the jural correlative of a 'right' is:
aLiability
bDuty
cPrivilege
dImmunity
Answer: B
In Hohfeld's analysis of fundamental legal conceptions, 'right' and 'duty' are jural correlatives: if A has a right against B, B is under a correlative duty to A.
The concept of 'Grundnorm' as the basic norm from which an entire legal order derives its validity is associated with:
aSavigny
bRudolf von Jhering
cHans Kelsen
dJeremy Bentham
Answer: C
Hans Kelsen, in his Pure Theory of Law, propounded the 'Grundnorm' as the ultimate basic norm at the apex of a hierarchy of norms from which all subordinate norms derive their validity.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is laid down in
aSection 102
bSection 105
cSection 101
dSection 103
Answer: D
Section 103 BNS prescribes the punishment for murder (death or imprisonment for life, and fine), corresponding to the old Section 302 IPC. Section 101 BNS defines murder.
Which provision of the Bharatiya Nyaya Sanhita, 2023 introduces 'community service' for the first time as a kind of punishment?
aSection 4
bSection 2
cSection 8
dSection 23
Answer: A
Section 4 BNS enumerates the punishments and newly adds community service alongside death, imprisonment for life, imprisonment, forfeiture of property and fine.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under the age of
aSeven years
bTwelve years
cSix years
dTen years
Answer: A
Section 20 BNS (corresponding to the old Section 82 IPC) provides absolute immunity to a child below seven years of age; Section 21 deals with a child above seven and under twelve of immature understanding.
The doctrine of 'transferred malice'—where a person intending to kill one person causes the death of another—is embodied in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 102
bSection 106
cSection 101
dSection 100
Answer: A
Section 102 BNS reproduces the old Section 301 IPC, treating the killing of a person other than the one intended as culpable homicide of the kind it would have been against the intended victim.
A registered medical practitioner who causes the death of a patient by a rash or negligent act while performing a medical procedure is punishable under the Bharatiya Nyaya Sanhita, 2023 with imprisonment which may extend to
aTwo years
bOne year
cSeven years
dFive years
Answer: A
Section 106(1) BNS provides a maximum of five years for causing death by negligence generally, but a special lower ceiling of two years for a registered medical practitioner causing such death during a medical procedure.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a 'Zero FIR' for a cognizable offence irrespective of the area in which the offence is committed is now expressly recognised under which section?
aSection 175
bSection 190
cSection 154
dSection 173
Answer: D
Section 173(1) BNSS provides that information about a cognizable offence may be given 'irrespective of the area where the offence is committed', giving statutory recognition to the Zero FIR. It corresponds to old Section 154 CrPC.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before registering an FIR for an offence punishable with imprisonment for three years or more but less than seven years, an officer in charge of a police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry within how many days?
a7 days
b30 days
c21 days
d14 days
Answer: D
Section 173(3) BNSS permits a preliminary enquiry within fourteen days, with prior permission of an officer not below the rank of DySP, for offences punishable with three to seven years' imprisonment.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023, requires a police officer to issue a notice directing a person to appear, instead of arresting him, where the offence is cognizable and punishable with imprisonment up to seven years?
aSection 58
bSection 41A
cSection 35(3)
dSection 50(1)
Answer: C
Section 35(3) BNSS (corresponding to the old Section 41A CrPC) mandates a notice of appearance for offences punishable with imprisonment up to seven years; the Supreme Court has held that notice is the rule and arrest the exception.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no person accused of an offence punishable with imprisonment for less than three years, who is infirm or above a certain age, shall be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police. That age is:
a70 years
b60 years
c55 years
d65 years
Answer: B
Section 35(7) BNSS introduces a safeguard requiring prior permission of an officer not below the rank of DySP to arrest a person who is infirm or above sixty years of age for offences punishable with less than three years' imprisonment.
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period of detention pending investigation (default-bail trigger) for an offence punishable with imprisonment for ten years, is:
a120 days
b75 days
c90 days
d60 days
Answer: C
Under Section 187(3) BNSS, the period is 90 days for offences punishable with death, imprisonment for life, or imprisonment for ten years or more, and 60 days for any other offence; thereafter the accused is entitled to default bail.
Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try all suits of a civil nature except those of which their cognizance is-
aBarred by a notification of the State Government
bEither expressly or impliedly barred
cImpliedly barred only
dExpressly barred only
Answer: B
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res judicata under the Code of Civil Procedure, 1908 is contained in-
aSection 10
bSection 9
cSection 12
dSection 11
Answer: D
Section 11 CPC embodies the doctrine of res judicata, barring re-litigation of a matter directly and substantially in issue already finally decided between the same parties by a competent court.
The principle of res sub judice, requiring stay of a subsequently instituted suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is embodied in-
aSection 151 CPC
bSection 11 CPC
cSection 9 CPC
dSection 10 CPC
Answer: D
Section 10 CPC, titled 'Stay of suit', embodies the rule of res sub judice and bars the trial of a later suit where the matter in issue is also directly and substantially in issue in a previously instituted pending suit between the same parties.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only-
aOn a question of fact
bOn any ground that the appellant may urge
cOn a substantial question of law
dOn a mixed question of law and fact
Answer: C
Under Section 100 CPC a second appeal lies to the High Court only where the case involves a substantial question of law, which the High Court must formulate at the time of admission.
An appeal from every decree passed by a court exercising original jurisdiction (a first appeal) is provided under-
aSection 96 CPC
bSection 115 CPC
cSection 104 CPC
dSection 100 CPC
Answer: A
Section 96 CPC provides that an appeal shall lie from every decree passed by a court exercising original jurisdiction to the court authorised to hear appeals; a first appeal lies on both questions of fact and law.
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of an event which the promisor could not prevent, becomes void under the Indian Contract Act, 1872. This rule of supervening impossibility is contained in:
aSection 56
bSection 65
cSection 39
dSection 73
Answer: A
Section 56, second paragraph, embodies the doctrine of frustration/supervening impossibility, as explained in Satyabrata Ghose v. Mugneeram Bangur & Co.
Under Section 74 of the Indian Contract Act, 1872, where a sum is named in the contract as payable on breach, the party complaining of the breach is entitled to receive:
aCompensation only on proof of actual loss
bReasonable compensation not exceeding the sum named, whether or not actual damage is proved
cNothing, as such a stipulation is always a void penalty
dThe whole sum named, automatically as a debt
Answer: B
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named or penalty stipulated, irrespective of whether actual loss is proved, abolishing the English distinction between liquidated damages and penalty.
Section 182 of the Indian Contract Act, 1872, defines an 'agent' as a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the:
aSurety
bBailor
cPrincipal
dPromisee
Answer: C
Under Section 182, the person represented by, or for whom the act is done by, the agent is termed the 'principal'.
Under Section 2(d) of the Indian Contract Act, 1872, consideration for a promise may move from
aOnly the promisee
bThe promisee or any other person
cOnly a party to the contract
dOnly the promisor
Answer: B
Section 2(d) expressly provides that consideration may be furnished by 'the promisee or any other person', so a stranger to the consideration (though party to the contract) can enforce it, as held in Chinnaya v. Ramayya.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, in respect of an illegitimate boy or an illegitimate unmarried girl, the natural guardian is
aThe father, and after him, the mother
bThe person appointed by the District Court
cOnly the father in all cases
dThe mother, and after her, the father
Answer: D
Section 6(b) provides that for an illegitimate boy or illegitimate unmarried girl, the mother is the natural guardian, and after her, the father.
A natural guardian transfers a minor's immovable property by sale without the previous permission of the court as required under Section 8 of the Hindu Minority and Guardianship Act, 1956. Such a transfer is
aValid and binding on the minor
bVoid ab initio
cVoidable at the instance of the minor or any person claiming under him
dValid if made for legal necessity, even without court permission
Answer: C
Under Section 8(3), a disposal of a minor's immovable property by the natural guardian in contravention of Section 8 is not void but voidable at the instance of the minor or any person claiming under him.
Under Section 13 of the Hindu Minority and Guardianship Act, 1956, in the appointment or declaration of any person as guardian of a Hindu minor, the consideration that shall be paramount is
aThe preferential right of the father
bThe wishes of the deceased parent
cThe financial standing of the proposed guardian
dThe welfare of the minor
Answer: D
Section 13 makes the welfare of the minor the paramount consideration, and no person is entitled to guardianship if the court is of opinion that it would not be for the welfare of the minor.
Under Section 5(iii) of the Hindu Marriage Act, 1955, at the time of marriage the bridegroom must have completed the age of ____ years and the bride the age of ____ years.
a21 and 21
b21 and 18
c18 and 18
d18 and 15
Answer: B
Section 5(iii), as amended by the Child Marriage Restraint (Amendment) Act, 1978, requires the bridegroom to have completed 21 years and the bride 18 years at the time of marriage.
Under Muslim law, in the absence of evidence, a girl is presumed to have attained puberty (and thus capacity to contract her own marriage) on the completion of the age of:
aFifteen years
bTwelve years
cEighteen years
dSixteen years
Answer: A
Under Muslim personal law, in the absence of evidence, puberty is presumed to be attained on completion of fifteen years of age, conferring capacity on a person of sound mind to contract marriage.
The manager or superintendent of a waqf, who is appointed to administer the waqf property, is known as a:
aKhadim
bSajjadanashin
cMujawar
dMutawalli
Answer: D
A mutawalli is the manager or superintendent of a waqf who administers the waqf property; he is not the owner, the ownership being deemed to vest in God.
Under the Dissolution of Muslim Marriages Act, 1939, the right of a wife to obtain a decree of dissolution on the ground of the husband's cruelty is contained in:
aSection 2(ix)
bSection 2(viii)
cSection 2(ii)
dSection 2(iv)
Answer: B
Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939 sets out the various forms of cruelty by the husband that entitle the wife to a decree dissolving the marriage.
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation is computed from the time an acknowledgment of liability is made, provided the acknowledgment is—
aMade orally before two witnesses
bMade after the prescribed period has already expired
cIn writing and signed by the party against whom the right is claimed or his agent, before the expiry of the prescribed period
dAccompanied by an express promise to pay the debt
Answer: C
Section 18 requires the acknowledgment of liability to be in writing and signed by the party (or his authorised agent) before the prescribed period expires; a fresh period of limitation then runs from the date of acknowledgment.
In the case of a continuing breach of contract or a continuing tort, Section 22 of the Limitation Act, 1963 provides that a fresh period of limitation begins to run—
aAt every moment of the time during which the breach or the tort continues
bFrom the date the defendant first denies liability
cOnly once, from the date of the first breach or wrong
dFrom the date the suit is first contemplated
Answer: A
Section 22 provides that in the case of a continuing breach of contract or a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort continues.
The right to access and use of light or air to and for any building acquired as an easement becomes absolute and indefeasible under Section 25 of the Limitation Act, 1963 where it has been peaceably enjoyed as of right and without interruption for—
aSixty years
bThirty years
cTwenty years
dTwelve years
Answer: C
Section 25 fixes a period of twenty years of peaceable enjoyment as of right and without interruption for the acquisition of an easement of light, air, way, watercourse or use of water by prescription (sixty years where the property belongs to the Government).
Under Section 73 of the Arbitration and Conciliation Act, 1996, a settlement agreement drawn up and signed by the parties in conciliation proceedings-
aIs binding only on the conciliator
bMust be confirmed by the High Court
cHas the same status and effect as an arbitral award on agreed terms
dIs merely a contract requiring a fresh suit for enforcement
Answer: C
Under Sections 73 and 74, a signed settlement agreement in conciliation has the same status and effect as an arbitral award on agreed terms under Section 30.
Where, in an arbitration other than an international commercial arbitration, the parties fail to appoint an arbitrator under the agreed procedure, the appointment under Section 11 is to be made by-
aThe Central Government
bThe District Judge
cThe High Court or any person/institution designated by it
dThe Supreme Court or any person/institution designated by it
Answer: C
After the 2015 amendment, in domestic arbitrations the appointment under Section 11 is made by the High Court (or its designate); the Supreme Court (or its designate) acts in international commercial arbitrations.
A person approached for possible appointment as arbitrator must, under Section 12(1) of the Arbitration and Conciliation Act, 1996, disclose in writing-
aHis professional fees
bAny circumstances likely to give rise to justifiable doubts as to his independence or impartiality
cHis nationality alone
dOnly his prior arbitral awards
Answer: B
Section 12(1) requires written disclosure of circumstances likely to give rise to justifiable doubts as to independence or impartiality; the Fifth Schedule guides this assessment and the Seventh Schedule lists relationships rendering a person ineligible.
Under Section 3 of the Employees' Compensation Act, 1923, an employer is NOT liable to pay compensation in respect of an injury which does not result in total or partial disablement of the employee for a period exceeding-
aFourteen days
bTwenty-eight days
cThree days
dSeven days
Answer: C
The proviso to Section 3(1) of the Employees' Compensation Act, 1923 exempts the employer from liability where the injury does not cause total or partial disablement of the employee for a period exceeding three days.
Under Section 10 of the Employees' Compensation Act, 1923, a claim for compensation must, as a general rule, be preferred before the Commissioner within-
aOne year of the accident
bTwo years of the occurrence of the accident
cSix months of the accident
dThree years of the occurrence of the accident
Answer: B
Section 10(1) of the Employees' Compensation Act, 1923 requires that a claim be preferred within two years of the occurrence of the accident, or in case of death within two years from the date of death; the Commissioner may condone delay for sufficient cause.
Under Section 22 of the Copyright Act, 1957, the term of copyright in a published literary, dramatic, musical or artistic work subsists for the lifetime of the author and-
a70 years from the date of publication
b25 years from the author's death
c50 years from the year following the author's death
d60 years from the beginning of the calendar year next following the year of the author's death
Answer: D
Section 22 of the Copyright Act, 1957 provides that copyright in such works subsists for the lifetime of the author plus sixty years, counted from the beginning of the calendar year next following the year in which the author dies.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence in all cases must be 'direct'. This rule, which excludes hearsay, is laid down in:
aSection 56
bSection 54
cSection 55
dSection 60
Answer: C
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 requires oral evidence to be direct, that is, evidence of the very witness who saw, heard or perceived the fact, thereby excluding hearsay.
In which case did the Supreme Court conclusively hold that a certificate under the (now) Section 63(4) electronic-records provision is a mandatory pre-condition for the admissibility of secondary electronic evidence, overruling Shafhi Mohammad?
aTomaso Bruno v. State of U.P.
bAnvar P.V. v. P.K. Basheer
cState (NCT of Delhi) v. Navjot Sandhu
dArjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal
Answer: D
In Arjun Panditrao Khotkar (2020) a three-judge Bench held the certificate (then under Section 65B(4) IEA, now carried forward as Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023) mandatory for secondary electronic records and overruled Shafhi Mohammad, reaffirming Anvar P.V. v. P.K. Basheer.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the maxim 'he who asserts must prove' is given statutory form by Section 104, which provides that whoever desires a Court to give judgment as to any legal right or liability dependent on facts he asserts:
aMust prove them only in civil and not criminal proceedings
bMay rely on the opposite party to disprove them
cNeed only raise a reasonable doubt about those facts
dMust prove that those facts exist
Answer: D
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 fixes the burden of proof on the party asserting the existence of facts on which his claimed legal right or liability depends; he must prove that those facts exist.
The doctrine of election, based on the maxim 'quod approbat non reprobat' (one who accepts a benefit under an instrument must also bear its burden), is codified under which section of the Transfer of Property Act, 1882?
aSection 25
bSection 35
cSection 40
dSection 31
Answer: B
Section 35 codifies the doctrine of election: where a person professes to transfer property he has no right to transfer and, by the same transaction, confers a benefit on the owner, that owner must elect either to confirm the transfer or dissent and relinquish the benefit.
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for purposes other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, deemed to be a lease:
aFor a fixed term of one year, not terminable by notice
bFrom month to month, terminable by fifteen days' notice
cFrom year to year, terminable by six months' notice
dFrom month to month, terminable by thirty days' notice
Answer: B
Under Section 106, a lease for any purpose other than agricultural or manufacturing is deemed to be from month to month, terminable on either side by fifteen days' notice; agricultural or manufacturing leases are deemed year to year, terminable by six months' notice.
Under Section 185 of the Motor Vehicles Act, 1988, a person driving a motor vehicle is deemed to be under the influence of drink if the alcohol content in his blood exceeds what level?
a80 mg per 100 ml of blood
b30 mg per 100 ml of blood
c50 mg per 100 ml of blood
d100 mg per 100 ml of blood
Answer: B
Section 185 fixes the permissible limit at 30 mg of alcohol per 100 ml of blood, detected by a breath analyser; exceeding it attracts punishment for drunken driving.
For the valid creation of a trust under Section 6 of the Indian Trusts Act, 1882, the author must indicate with reasonable certainty all of the following EXCEPT:
aThe purpose of the trust and the beneficiary
bThe precise quantum of remuneration payable to the trustee
cThe trust-property
dAn intention on his part to create a trust
Answer: B
Section 6 requires reasonable certainty as to the intention to create a trust, its purpose, the beneficiary and the trust-property. Fixing the trustee's remuneration is not an essential element for creation of a trust.
The "neighbour principle", which forms the modern foundation of the duty of care in the tort of negligence, was enunciated by Lord Atkin in:
aHeaven v. Pender
bHedley Byrne v. Heller
cBourhill v. Young
dDonoghue v. Stevenson
Answer: D
In Donoghue v. Stevenson (1932), Lord Atkin formulated the neighbour principle, holding that a manufacturer owes a duty of care to the ultimate consumer even in the absence of any contractual relationship.
Where, owing to urgent necessity or unavoidable accident, a document is not presented within the prescribed time, the Registrar may, under Section 25 of the Registration Act, 1908, accept it for registration where the delay does not exceed four months, on payment of a fine not exceeding:
aten times the proper registration fee
btwice the proper registration fee
cfive times the proper registration fee
dthe proper registration fee
Answer: A
Under Section 25, the Registrar may condone a delay not exceeding four months on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under the Court-fees Act, 1870, all fees referred to in Section 3, or chargeable under the Act, shall ordinarily be collected:
aBy stamps
bBy any mode directed by the presiding officer
cBy demand draft in favour of the Registrar
dIn cash deposited in the court treasury
Answer: A
Section 25 of the Court-fees Act, 1870 provides that all fees referred to in Section 3 or chargeable under the Act shall be collected by stamps (impressed or adhesive, as notified by Government).
Recovery of specific movable property under the Specific Relief Act, 1963, in the manner provided by the Code of Civil Procedure, is dealt with under which section?
aSection 6
bSection 7
cSection 9
dSection 12
Answer: B
Section 7 provides for recovery of specific movable property in the manner provided by the Code of Civil Procedure, 1908; a trustee or a person with a special or temporary right to present possession may also sue.
After the 2010 amendment, a person employed to do supervisory work qualifies as a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 only if his wages do not exceed:
aRs. 21,000 per month
bRs. 10,000 per month
cRs. 1,600 per month
dRs. 6,500 per month
Answer: B
By the Industrial Disputes (Amendment) Act, 2010, the wage ceiling for a person doing supervisory work to be treated as a 'workman' under Section 2(s) was raised from Rs. 1,600 to Rs. 10,000 per month.
In Indore Development Authority v. Manoharlal (2020), the Constitution Bench of the Supreme Court held that for acquisition proceedings to lapse under Section 24(2) of the RFCTLARR Act, 2013:
aEither physical possession must not be taken or compensation must not be paid
bOnly non-taking of physical possession is sufficient
cOnly non-payment of compensation is sufficient
dBoth physical possession must not be taken and compensation must not be paid
Answer: D
The Bench read the word 'or' in the proviso as 'nor', holding that lapse requires the twin conditions of non-taking of possession AND non-payment of compensation to be cumulatively satisfied.
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