Assam Judiciary Mock Test 5 — Questions & Solutions
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The river Brahmaputra is known by which name when it flows through Tibet before entering India?
aLohit
bJamuna
cYarlung Tsangpo
dDihang
Answer: C
In Tibet the Brahmaputra is called the Yarlung Tsangpo; on entering Arunachal Pradesh it is known as the Siang/Dihang, and becomes the Brahmaputra in Assam.
Which Constitutional Amendment Act inserted the Fundamental Duties (Article 51A) into the Constitution of India?
a42nd Amendment Act
b73rd Amendment Act
c24th Amendment Act
d44th Amendment Act
Answer: A
The Fundamental Duties were added by the 42nd Constitutional Amendment Act, 1976, on the recommendation of the Swaran Singh Committee, as Article 51A in Part IVA.
Under the Constitution of India, the writ of Quo Warranto is issued primarily to:
aCompel a public authority to perform its duty
bQuash an order of an inferior court
cRelease a person from illegal detention
dQuestion the legal authority of a person holding a public office
Answer: D
Quo Warranto ('by what authority') is issued to enquire into the legality of a person's claim to a public office, and can lead to the holder's ouster if the claim is unfounded.
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times (quadruple) at the same rate?
a16 years
b32 years
c12 years
d24 years
Answer: D
Doubling in 8 years means the interest equals the principal in 8 years, i.e. rate is 12.5% per annum. To become four times, the interest must equal three times the principal, needing 3 x 8 = 24 years.
In a certain code, if EAST is written as 5119 20 by replacing each letter with its position in the English alphabet, then how is the word WEST written in the same code?
a24 5 19 20
b23 6 19 21
c22 5 18 20
d23 5 19 20
Answer: D
Each letter is replaced by its alphabetical position: W=23, E=5, S=19, T=20, giving 23 5 19 20.
Choose the option that correctly fills the blank: 'Neither the manager nor his assistants ____ aware of the new policy.'
awere
bwas
chas been
dis
Answer: A
In a 'neither...nor' construction, the verb agrees with the nearer subject. Since 'assistants' (plural) is nearer, the correct verb is the plural 'were'.
The Gauhati High Court, established in 1948, presently exercises jurisdiction over how many States?
aThree
bFour
cSeven
dFive
Answer: B
Since the creation of separate High Courts for Manipur, Meghalaya and Tripura in 2013, the Gauhati High Court's jurisdiction is confined to four States: Assam, Nagaland, Mizoram and Arunachal Pradesh.
Charaideo Moidams, inscribed on the UNESCO World Heritage List in 2024, are associated with the burial system of which dynasty?
aAhom dynasty
bChutia dynasty
cKoch dynasty
dKachari dynasty
Answer: A
The Moidams are the mound-burial system of the Tai-Ahom dynasty at Charaideo, India's 43rd World Heritage property and the first cultural site from the Northeast to be so inscribed.
Kaziranga National Park, famous for the great one-horned rhinoceros, was designated a UNESCO World Heritage Site in which year?
a1985
b1992
c2005
d1972
Answer: A
Kaziranga, lying between the Brahmaputra River and the Karbi Hills, was inscribed as a UNESCO World Heritage Site in 1985 and holds the world's largest population of one-horned rhinos.
Srimanta Sankardeva, the 15th-16th century Assamese saint-reformer, is regarded as the founder of which religious order?
aSahajiya Vaishnavism
bEkasarana Dharma
cBrahmo Samaj
dLingayatism
Answer: B
Sankardeva founded Ekasarana Dharma, the monotheistic Neo-Vaishnavite movement of Assam centred on devotion to a single God, and pioneered institutions like the Namghar and Sattra.
The river Brahmaputra, which originates in Tibet as the Tsangpo, first enters Indian territory through which State, where it is known as the Siang or Dihang?
aSikkim
bNagaland
cAssam
dArunachal Pradesh
Answer: D
After its hairpin bend around Namcha Barwa, the Brahmaputra enters India through Arunachal Pradesh as the Siang (Dihang) before flowing across Assam as the Brahmaputra.
Fill in the blank with the correct word: 'The witness gave his evidence in a calm and ______ manner, unaffected by the cross-examination.'
aindispensable
bdispassionate
cdiscursive
ddisreputable
Answer: B
'Dispassionate' means not influenced by strong emotion, hence able to be rational and impartial, which fits a calm witness. The other words do not suit the context.
Choose the correct meaning of the foreign legal phrase 'ipso facto'.
aAmong other things
bBy that very fact
cOf one's own accord
dOn the face of it
Answer: B
'Ipso facto' is a Latin phrase meaning 'by that very fact or act', i.e., as an inevitable result. 'On the face of it' is prima facie, 'among other things' is inter alia, and 'of one's own accord' is suo motu.
Fill in the blank with the most appropriate option: 'The senior counsel's argument was so ______ that even the opposing party was persuaded.'
acongenial
bcogent
ccontiguous
dcogitate
Answer: B
'Cogent' means clear, logical and convincing, which fits a persuasive argument. 'Cogitate' is a verb (to think deeply), while 'congenial' and 'contiguous' do not fit the sense.
Choose the correct word to complete the sentence: 'The two brothers could not agree on how to ______ the ancestral property between themselves.'
apartition
bproportion
cportion
dpetition
Answer: A
'Partition' is the correct term for dividing property, especially among co-owners or heirs. 'Petition' means a formal request, and 'portion'/'proportion' do not convey the act of legal division.
The Sixth Schedule of the Constitution, providing for the administration of tribal areas through Autonomous District Councils in Assam, Meghalaya, Tripura and Mizoram, draws its authority from which Articles?
aArticles 371 and 371A
bArticles 243 and 280
cArticles 244(1) and 244A
dArticles 244(2) and 275(1)
Answer: D
The Sixth Schedule operates under Articles 244(2) and 275(1) and applies to the tribal areas of Assam, Meghalaya, Tripura and Mizoram, providing for Autonomous District and Regional Councils.
Under the Constitution, the principal seat of the Gauhati High Court is located at Guwahati. As presently constituted, its territorial jurisdiction extends to Assam and which of the following groups of States?
aNagaland, Mizoram and Arunachal Pradesh
bSikkim, Nagaland and Manipur
cTripura, Mizoram and Meghalaya
dMeghalaya, Manipur and Tripura
Answer: A
Following the creation of separate High Courts for Meghalaya, Manipur and Tripura in 2013, the Gauhati High Court today exercises jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh, with its principal seat at Guwahati.
Article 22(2) of the Constitution requires that a person who is arrested and detained in custody be produced before the nearest Magistrate within a period of:
a24 hours of arrest, excluding journey time
b48 hours of arrest, including journey time
c72 hours of arrest
d12 hours of arrest
Answer: A
Article 22(2) mandates production before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court; this constitutional safeguard is mirrored in Section 58 of the BNSS, 2023.
Under Article 233 of the Constitution, the appointment of district judges in a State is made by:
aThe President in consultation with the Chief Justice of India
bThe State Public Service Commission
cThe High Court alone
dThe Governor in consultation with the High Court
Answer: D
Article 233(1) provides that appointments, postings and promotions of district judges are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.
The doctrine of 'basic structure' of the Constitution, limiting Parliament's amending power under Article 368, was propounded by the Supreme Court in:
aGolak Nath v. State of Punjab
bMinerva Mills v. Union of India
cKesavananda Bharati v. State of Kerala
dIndira Nehru Gandhi v. Raj Narain
Answer: C
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge Bench held by a 7:6 majority that Parliament can amend any part of the Constitution under Article 368 but cannot alter or destroy its basic structure.
In which case did the Supreme Court hold that the 'procedure established by law' under Article 21 must be fair, just and reasonable and not arbitrary, oppressive or fanciful?
aManeka Gandhi v. Union of India
bKharak Singh v. State of U.P.
cA.K. Gopalan v. State of Madras
dADM Jabalpur v. Shivkant Shukla
Answer: A
In Maneka Gandhi v. Union of India (1978), the Supreme Court read a due-process requirement into Article 21, holding that any procedure depriving a person of life or personal liberty must be fair, just and reasonable.
Dr. B.R. Ambedkar described which Article as the 'very heart and soul' of the Constitution, an article without which the Constitution would be a nullity?
aArticle 14
bArticle 19
cArticle 32
dArticle 21
Answer: C
Article 32, the right to constitutional remedies, was called the heart and soul of the Constitution by Dr. Ambedkar because it guarantees the right to move the Supreme Court directly for enforcement of fundamental rights.
Article 280 of the Constitution provides for the constitution of a Finance Commission by the President. Apart from at the commencement of the Constitution, such a Commission is to be constituted:
aEvery year
bOnly when both Houses of Parliament so resolve
cEvery third year
dAt the expiration of every fifth year, or earlier if the President considers it necessary
Answer: D
Under Article 280, the President shall constitute a Finance Commission at the expiration of every fifth year, or at such earlier time as the President considers necessary, consisting of a Chairman and four other members.
A new mode of punishment introduced for the first time in Indian criminal law by Section 4 of the Bharatiya Nyaya Sanhita, 2023 is:
aSolitary confinement
bRigorous imprisonment
cForfeiture of property
dCommunity service
Answer: D
Section 4 of the BNS, 2023 lists six punishments and introduces 'community service' as a new form of punishment, not previously available under the Indian Penal Code, 1860.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total maximum period of detention in police custody that a Magistrate may authorise is:
a15 days
b90 days
c60 days
d30 days
Answer: A
Under Section 187 BNSS the maximum police custody remains 15 days in whole, though it may now be sought in parts spread across the initial part of the 60 or 90 day investigation period.
The distinction between 'substantive law' and 'procedural law' is best described by which of the following statements?
aSubstantive law defines rights and duties, while procedural law governs the means of enforcing them
bSubstantive law governs the means of enforcement, while procedural law defines rights and duties
cBoth define rights and duties equally
dSubstantive law applies only to civil matters and procedural law only to criminal matters
Answer: A
Substantive law determines the rights, duties and liabilities of parties, while procedural (adjective) law lays down the machinery and procedure by which those rights are enforced.
The Latin maxim 'actus non facit reum nisi mens sit rea' embodies which principle of criminal law?
aIgnorance of law is no excuse
bNo one can be tried twice for the same offence
cLet the buyer beware
dAn act alone, without a guilty mind, does not make one guilty
Answer: D
The maxim means that an act does not make a person guilty unless accompanied by a guilty mind (mens rea); both actus reus and mens rea are generally required to constitute a crime.
A right available against the whole world at large, as distinguished from a right available against a determinate person, is known as a:
aInchoate right
bImperfect right
cRight in rem
dRight in personam
Answer: C
A right in rem is available against persons generally (the whole world), such as ownership, whereas a right in personam is available only against a determinate individual, such as a contractual right.
The theory of punishment which aims at preventing crime by deterring not only the offender but also others through fear of punishment is called the:
aPreventive theory
bReformative theory
cDeterrent theory
dRetributive theory
Answer: C
The deterrent theory seeks to deter the wrongdoer and would-be offenders by making the punishment an example, whereas the reformative theory aims at reforming the criminal and the retributive theory at retribution.
Under the Bharatiya Nyaya Sanhita, 2023, 'dowry death' is dealt with under
aSection 78
bSection 80
cSection 84
dSection 85
Answer: B
Section 80 BNS defines dowry death (death within seven years of marriage connected with dowry demand) and prescribes imprisonment of not less than seven years extendable to life, replacing the old Section 304B IPC.
The offence committed when a husband or a relative of the husband subjects a woman to cruelty is punishable under the Bharatiya Nyaya Sanhita, 2023 under
aSection 80
bSection 82
cSection 85
dSection 86
Answer: C
Section 85 BNS (the old Section 498A IPC) penalises cruelty by the husband or his relatives with imprisonment up to three years and fine; Section 86 supplies the definition of 'cruelty'.
Acts endangering the sovereignty, unity and integrity of India—the provision often described as the successor to the offence of sedition—are contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 197
bSection 152
cSection 147
dSection 150
Answer: B
Section 152 BNS penalises acts exciting secession, armed rebellion or subversive activities endangering sovereignty, unity and integrity of India; it replaces the old sedition provision (Section 124A IPC).
The offence of 'snatching', introduced as a distinct offence for the first time, is defined in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 304
bSection 312
cSection 309
dSection 303
Answer: A
Section 304 BNS newly defines and punishes snatching (sudden or forcible seizing/grabbing of movable property), with up to three years' imprisonment and fine; Section 303 deals with theft.
Under the Bharatiya Nyaya Sanhita, 2023, intoxication is a valid defence to a criminal charge under Section 23 only where
aThe accused was voluntarily drunk and lost self-control
bThe accused consumed liquor on a religious occasion
cThe thing which intoxicated the accused was administered without his knowledge or against his will
dThe accused was a habitual drunkard
Answer: C
Section 23 BNS excuses an act done by a person rendered incapable of judgment by intoxication only where the intoxicant was administered to him without his knowledge or against his will (involuntary intoxication).
A notable change in the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding police custody (as compared to the old CrPC) is that the 15 days of police custody under Section 187:
aHas been increased to a maximum of 30 days
bMay be sought in parts at any time during the initial 40 or 60 days of detention
cHas been abolished entirely in favour of judicial custody
dMust be taken in one continuous spell within the first 15 days only
Answer: B
Section 187 BNSS allows the 15-day police custody to be sought in parts during the initial 40 days (offences up to 10 years) or 60 days (offences above 10 years, life or death), unlike the continuous-spell rule under old Section 167 CrPC.
Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023, may a person apprehending arrest on an accusation of a non-bailable offence apply to the High Court or the Court of Session for a direction that he be released on bail in the event of arrest (anticipatory bail)?
aSection 480
bSection 438
cSection 482
dSection 484
Answer: C
Section 482 BNSS provides for direction for grant of bail to a person apprehending arrest (anticipatory bail), corresponding to old Section 438 CrPC, and may be sought from the High Court or Court of Session.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a first-time offender (with no previous conviction) who is an undertrial shall be released on bond by the Court on having undergone detention for what fraction of the maximum period of imprisonment specified for the offence?
aTwo-thirds
bOne-third
cOne-fourth
dOne-half
Answer: B
Under the first proviso to Section 479(1) BNSS, a first-time offender is released on bond after serving one-third of the maximum sentence, whereas other undertrials are released after one-half.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting a search and seizure, including preparation of the list of seized articles and its signing by witnesses, shall be:
aConducted exclusively in the presence of a Judicial Magistrate
bAttested only by two independent witnesses of the locality
cRecorded through audio-video electronic means, preferably a mobile phone
dRecorded in writing in the case diary alone
Answer: C
Section 105 BNSS makes audio-video electronic recording (preferably by mobile phone) of the search-and-seizure process mandatory, and the recording must be forwarded without delay to the Magistrate concerned.
Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory for a forensic expert to visit the scene of crime to collect forensic evidence and to record the process through videography in respect of offences punishable with imprisonment for:
aFive years or more
bSeven years or more
cTen years or more
dThree years or more
Answer: B
Section 176(3) BNSS mandates the visit of a forensic expert to the crime scene, with videographic recording, for offences punishable with imprisonment for seven years or more (to be brought into force by State notification within five years).
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal lies except on a question of law in a suit cognizable by a Court of Small Causes where the value of the subject-matter does not exceed-
aRs. 25,000
bRs. 5,000
cRs. 10,000
dRs. 3,000
Answer: C
Section 96(4) CPC bars an appeal, except on a question of law, in suits of a nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed Rs. 10,000.
Settlement of disputes outside the court by arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation, is provided for under which provision of the Code of Civil Procedure, 1908?
aSection 80
bSection 94
cSection 89
dSection 96
Answer: C
Section 89 CPC empowers the court, where it appears elements of a settlement exist, to refer the dispute for arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
No suit shall be instituted against the Government, or against a public officer in respect of an act purporting to be done in his official capacity, until the expiration of how much time after notice in writing under Section 80 of the Code of Civil Procedure, 1908?
aOne month
bSix months
cThree months
dTwo months
Answer: D
Section 80(1) CPC requires that no such suit be instituted until the expiration of two months next after notice in writing has been delivered to the Government or public officer.
Under the first proviso to Order VIII, Rule 1 of the Code of Civil Procedure, 1908, the period of thirty days for filing a written statement may be extended, on recording reasons in writing, up to a maximum of-
a45 days from the date of service of summons
b90 days from the date of service of summons
c60 days from the date of service of summons
d120 days from the date of service of summons
Answer: B
Order VIII Rule 1 CPC requires the written statement within 30 days of service of summons, extendable for reasons recorded in writing up to 90 days from that date (in ordinary, non-commercial suits).
Amendment of pleadings in a civil suit is governed by-
aOrder VII, Rule 11 CPC
bOrder VI, Rule 17 CPC
cOrder VIII, Rule 9 CPC
dOrder I, Rule 10 CPC
Answer: B
Order VI Rule 17 CPC permits the court at any stage to allow either party to amend pleadings as may be just, subject to the proviso barring amendment after commencement of trial absent due diligence.
An agreement entered into by a minor under the Indian Contract Act, 1872 is
aValid but unenforceable
bVoid ab initio
cVoidable at the option of the guardian
dVoidable at the option of the minor
Answer: B
Read with Section 11, a minor is not competent to contract; the Privy Council in Mohori Bibee v. Dharmodas Ghose (1903) held a minor's agreement is void ab initio.
In Lalman Shukla v. Gauri Dutt, the plaintiff's claim for the reward failed because
aHe had no knowledge of the offer when he performed the act
bThe offer was a mere invitation to offer
cThe reward was not registered
dThe consideration was past consideration
Answer: A
An offer can be accepted only by a person who knows of it; since the servant traced the boy without knowledge of the reward, there was no valid acceptance and hence no contract.
An agreement of which the consideration or object is unlawful is, under Section 23 of the Indian Contract Act, 1872,
aVoid
bEnforceable against the wrongdoer only
cVoidable
dValid if the parties consent
Answer: A
Section 23 declares that where the consideration or object is unlawful (forbidden by law, fraudulent, immoral, opposed to public policy, etc.) the agreement is void.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872 if it is
aAn oral promise made out of natural love and affection between strangers
bA promise to share the benefits of a public office
cIn writing and registered, made on account of natural love and affection between parties standing in a near relation to each other
dA promise to do an impossible act
Answer: C
The first exception in Section 25 requires the agreement to be in writing, registered, and made out of natural love and affection between parties standing in a near relation to each other.
A Hindu marriage solemnised in contravention of the age condition in Section 5(iii) of the Hindu Marriage Act, 1955 (bride below 18 / bridegroom below 21) is:
aVoid ab initio and incapable of ratification
bVoidable under Section 12
cVoid under Section 11
dNeither void nor voidable, though the parties are punishable under Section 18
Answer: D
Contravention of Section 5(iii) does not render the marriage void under Section 11 or voidable under Section 12; it only attracts the penal consequence under Section 18 of the Act.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites include the Saptapadi, the marriage becomes complete and binding:
aOn the exchange of garlands
bOn registration of the marriage
cWhen the seventh step is taken before the sacred fire
dWhen the kanyadan is performed
Answer: C
Section 7(2) provides that where the rites include the saptapadi (seven steps taken jointly around the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
The remedy of 'restitution of conjugal rights' under the Hindu Marriage Act, 1955 is provided under:
aSection 10
bSection 9
cSection 13
dSection 12
Answer: B
Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights, available where a spouse has withdrawn from the society of the other without reasonable excuse.
Which of the following grounds in Section 5 of the Hindu Marriage Act, 1955, if contravened, renders a marriage void under Section 11?
aClause (ii) relating to capacity to give valid consent
bClause (iii) relating to age
cAll conditions in Section 5 equally
dClause (i) relating to a living spouse (bigamy)
Answer: D
Section 11 declares a marriage void only for contravention of clauses (i), (iv) and (v) of Section 5, i.e. a living spouse, prohibited degrees and sapinda relationship. Contravention of clause (i) (bigamy) makes the marriage void.
The doctrine of Mushaa under Muslim law of gifts relates to a gift of:
aAn undivided share in property capable of division
bProperty reserving a life interest to the donor
cFuture property not yet in existence
dProperty to an unborn person
Answer: A
Mushaa denotes an undivided share in property. A Hiba of Mushaa in property capable of partition is, in strict Hanafi law, irregular (fasid) unless the share is divided off and possession delivered, though several well-recognised exceptions exist.
Marriage (nikah) under Muslim law is best described in its legal nature as:
aA purely religious ceremony with no civil consequences
bA civil contract
cA status conferred by the State
dA sacrament that is indissoluble
Answer: B
Under Muslim law nikah is regarded essentially as a civil contract entered into for the purposes of legalising sexual relations and the procreation and legitimation of children, requiring offer (ijab) and acceptance (qabul).
Dower (mahr) in a Muslim marriage which is fixed and settled at the time of marriage by agreement between the parties is called:
aDeferred dower (mu'wajjal)
bPrompt dower (mu'ajjal)
cMahr-i-musamma (specified dower)
dMahr-i-misl (proper dower)
Answer: C
Where the amount of dower is settled and specified by the parties at or before the marriage it is called mahr-i-musamma (specified dower); proper dower (mahr-i-misl) is fixed by reference to the social position of the wife's family when no amount has been specified.
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general scheme of the Act because it—
aPermits condonation of delay in suits for possession
bApplies only to movable property
cExtinguishes the right to property itself on the determination of the period prescribed for a suit for possession
dMerely bars the remedy and leaves the right intact
Answer: C
Unlike the rest of the Act which only bars the remedy, Section 27 extinguishes the very right to property where a suit for possession is not brought within the prescribed period, thereby aiding the doctrine of adverse possession.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property or any interest therein based on title (Article 65) is—
aTwelve years
bSix years
cThree years
dThirty years
Answer: A
Article 65 of the Schedule prescribes a limitation of twelve years for a suit for possession of immovable property based on title, running from the date the possession of the defendant becomes adverse to the plaintiff.
Where no period of limitation is provided elsewhere in the Schedule, the residuary Article 113 of the Limitation Act, 1963 prescribes, for a suit for which no period of limitation is provided, a period of—
aTwelve years
bThree years
cOne year
dSix years
Answer: B
Article 113, the residuary article for suits, prescribes three years from the date the right to sue accrues where no other article of the Schedule applies.
Under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996, where the arbitral award is for payment of money and does not otherwise direct, the sum shall carry post-award interest at the rate of-
aEighteen per cent per annum
bNine per cent per annum
cTwelve per cent per annum
dSix per cent per annum
Answer: A
Section 31(7)(b), as it stood, provides that absent a direction in the award, a money award carries interest at eighteen per cent per annum from the date of the award to the date of payment.
Under Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority before which an action is brought in a matter that is the subject of an arbitration agreement shall refer the parties to arbitration if a party so applies-
aWithin thirty days of filing the suit
bNot later than the date of submitting his first statement on the substance of the dispute
cAt any stage before judgment
dOnly with the consent of the other party
Answer: B
Section 8 requires the application to be made not later than the submission of the first statement on the substance of the dispute, and the authority must refer unless it finds prima facie no valid arbitration agreement exists.
For an arbitration other than an international commercial arbitration, 'Court' under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 means-
aThe principal Civil Court of original jurisdiction in a district, including a High Court exercising ordinary original civil jurisdiction, but not a court inferior to such principal Civil Court or a Court of Small Causes
bAny Munsiff Court within whose jurisdiction the cause of action arose
cThe Court of Small Causes of the district
dOnly the High Court in every case
Answer: A
Section 2(1)(e)(i) defines 'Court' as the principal Civil Court of original jurisdiction in a district (including a High Court with ordinary original civil jurisdiction), expressly excluding any inferior civil court and a Court of Small Causes.
Under Section 53 of the Patents Act, 1970, the term of every patent granted is-
a20 years from the date of filing of the application
b20 years from the date of grant
c14 years from the date of grant
d10 years from the date of grant, renewable
Answer: A
Section 53 of the Patents Act, 1970 (as amended to comply with TRIPS) fixes the term of every patent at twenty years from the date of filing of the patent application.
Under the Trade Marks Act, 1999, the registration of a trade mark is initially valid for a period of-
aSeven years, renewable for seven years
bFifteen years, renewable for ten years
cTen years, renewable from time to time for further ten-year periods
dTwenty years, non-renewable
Answer: C
Section 25 of the Trade Marks Act, 1999 provides that a trade mark is registered for ten years and may be renewed indefinitely from time to time for further periods of ten years each.
Under the Designs Act, 2000, copyright in a registered design subsists for an initial period of ten years which may, on application before its expiry, be extended for a further period of-
aSeven years
bFive years
cTen years
dThree years
Answer: B
Section 11 of the Designs Act, 2000 grants copyright in a registered design for ten years from registration, extendable on application and payment of the prescribed fee for a second period of five years (total fifteen years).
The presumption as to abetment of suicide by a married woman, where she commits suicide within seven years of marriage and was subjected to cruelty, is contained in:
aSection 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the erstwhile Section 113A IEA) permits the Court to presume abetment of suicide by the husband or his relatives where a married woman commits suicide within seven years of marriage and was subjected to cruelty; it is a discretionary ('may presume') presumption.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a person is incompetent to testify if prevented from understanding the questions or giving rational answers by tender years, extreme old age, or disease. Accordingly, a child of tender years:
aCan testify only on oath administered by a Magistrate
bCan testify only after attaining 12 years of age
cIs always incompetent to testify
dIs competent if he understands the questions and can give rational answers
Answer: D
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the erstwhile Section 118 IEA) makes all persons competent to testify unless the Court considers them unable to understand the questions or give rational answers; a child of tender years is therefore competent provided he satisfies that understanding.
Where more persons than one are being tried jointly for the same offence and a confession made by one of them affecting himself and some other of such persons is proved, the Court may take it into consideration against such other person also. This provision is contained in:
aSection 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the erstwhile Section 30 IEA) permits the Court to take into consideration a confession of one co-accused, jointly tried for the same offence, against another co-accused affected by it; such a confession is, however, only a weak corroborative item.
Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made:
aOnly by a registered instrument
bBy an oral agreement accompanied by delivery of possession
cBy an unregistered written instrument signed by the lessor alone
dOnly by a registered instrument attested by two witnesses and stamped
Answer: A
Section 107 requires that a lease from year to year, for a term exceeding one year, or reserving a yearly rent be made only by a registered instrument; other leases may be made by registered instrument or by oral agreement with delivery of possession.
Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of the value of one hundred rupees and upwards, a sale can be made:
aBy an unregistered written agreement to sell
bEither by a registered instrument or by delivery of the property
cOnly by a registered instrument
dBy delivery of possession alone
Answer: C
Section 54 provides that the sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument; where the value is less than one hundred rupees, sale may be by registered instrument or by delivery.
Under Section 166 of the Motor Vehicles Act, 1988, an application for compensation arising out of an accident may be made by whom?
aOnly by the registered owner of the offending vehicle
bOnly by the Claims Tribunal acting suo motu
cOnly by the person who has sustained the injury
dBy the injured person, the owner of damaged property, or where death has resulted, all or any of the legal representatives of the deceased
Answer: D
Section 166(1) allows the application to be made by the person injured, the owner of the property, or (in case of death) by all or any of the legal representatives of the deceased, or their authorised agent.
The purpose of a trust is lawful under Section 4 of the Indian Trusts Act, 1882 unless it is:
aCreated in favour of an unborn person
bMerely uncertain as to the quantum of benefit
cCreated without the consent of the beneficiary
dForbidden by law, defeats the provisions of any law, is fraudulent, or involves or implies injury to the person or property of another
Answer: D
Section 4 declares a trust purpose unlawful if it is forbidden by law, is of such a nature that, if permitted, it would defeat the provisions of any law, is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral or opposed to public policy.
Which of the following cases is the leading authority for the maxim "injuria sine damno", that is, violation of a legal right without actual loss is actionable?
aMogul Steamship Co. v. McGregor
bAshby v. White
cMayor of Bradford v. Pickles
dGloucester Grammar School Case
Answer: B
In Ashby v. White (1703), a qualified voter wrongfully prevented from voting was allowed to recover though his candidate still won; the violation of his legal right was actionable per se (injuria sine damno).
Under Section 28 of the Registration Act, 1908, a document affecting immovable property and falling within Section 17(1) shall be presented for registration in the office of the Sub-Registrar within whose sub-district:
athe executant ordinarily resides
bthe document was executed
cthe whole or some portion of the property is situate
dthe claimant ordinarily resides
Answer: C
Section 28 requires that such documents be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situate.
In Prafulla Govinda Baruah v. State of Assam (2024), the Gauhati High Court struck down Article 11 of Schedule I of the Court-fees Act, 1870 (as amended in its application to Assam), which levied court-fee on the grant of probate or letters of administration, on the ground that it was:
aBeyond the legislative competence of the State Legislature under the Seventh Schedule
bViolative of Article 14 of the Constitution as it imposed an ad valorem fee with no upper limit
cViolative of Article 19(1)(g) of the Constitution
dRepugnant to the Indian Succession Act, 1925
Answer: B
The Division Bench held the 7% ad valorem fee on probate/letters of administration above Rs. 5,00,000, with no upper ceiling, to be discriminatory and violative of Article 14, as court-fee must bear a rational nexus to the service rendered.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract under Section 10 is:
aAvailable only where damages are an adequate remedy
bWholly in the discretion of the court
cTo be enforced subject only to the consent of both parties
dTo be enforced subject to the provisions of Sections 11(2), 14 and 16
Answer: D
The 2018 amendment substituted Section 10 so that specific performance of a contract 'shall be enforced' subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16, removing the earlier judicial discretion.
In Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978), a seven-Judge Bench of the Supreme Court, while interpreting the term 'industry' under Section 2(j) of the Industrial Disputes Act, 1947, laid down the:
aDoctrine of basic structure
bWednesbury test of unreasonableness
cDoctrine of pith and substance
dTriple test
Answer: D
In Bangalore Water Supply (AIR 1978 SC 548), the Supreme Court evolved the 'triple test' for an 'industry' — systematic activity, organised cooperation between employer and employee, for the production or distribution of goods or services.
Under the RFCTLARR Act, 2013, a preliminary notification expressing the intention of the appropriate Government to acquire land is published under:
aSection 11
bSection 21
cSection 4
dSection 19
Answer: A
Section 11 of the RFCTLARR Act, 2013 provides for publication of the preliminary notification, corresponding broadly to Section 4 of the repealed Land Acquisition Act, 1894.
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