Assam Judiciary Mock Test 6 — Questions & Solutions
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Dispur became the capital of Assam in 1972 after which city ceased to be its capital following the creation of Meghalaya?
aShillong
bGuwahati
cTezpur
dJorhat
Answer: A
Shillong was the capital of undivided Assam; when Meghalaya was carved out in 1972, Shillong went to Meghalaya and Dispur, a suburb of Guwahati, became the new capital of Assam.
Bohag Bihu, the most important festival of Assam, primarily marks which occasion?
aThe end of the harvest season
bThe onset of the monsoon
cThe Assamese New Year and onset of spring
dThe completion of paddy transplantation
Answer: C
Bohag (Rongali) Bihu, celebrated in mid-April, heralds the Assamese New Year and the advent of spring and the seeding season; Magh Bihu marks the harvest and Kati Bihu the transplanting phase.
Which classical dance form of India developed in the Vaishnavite monasteries (Sattras) of Assam?
aSattriya
bMohiniyattam
cManipuri
dOdissi
Answer: A
Sattriya, recognised by the Sangeet Natak Akademi as a classical dance, originated in the Sattras founded by Srimanta Sankardeva and is one of India's eight classical dance forms.
A sum of money doubles itself in 8 years at simple interest. In how many years will the same sum become four times itself at the same rate?
a16 years
b24 years
c32 years
d12 years
Answer: B
Doubling in 8 years means interest equals the principal in 8 years, so the rate gives 100% interest per 8 years. To become four times, the interest must equal three times the principal, requiring 3 x 8 = 24 years.
Find the next number in the series: 2, 6, 12, 20, 30, ?
a44
b40
c36
d42
Answer: D
The terms are products of consecutive integers: 1x2, 2x3, 3x4, 4x5, 5x6; the next is 6x7 = 42. Equivalently, the differences increase by 2 (4, 6, 8, 10, 12).
Choose the word that is most nearly OPPOSITE in meaning to the word 'PROLIFIC'.
aProductive
bAbundant
cFertile
dBarren
Answer: D
'Prolific' means highly productive or fruitful; its antonym is 'barren', meaning unproductive or unfruitful. The other options are synonyms of prolific.
Select the correctly punctuated and grammatically correct sentence.
aNeither the judge nor the lawyers were ready for the hearing
bNeither the judge, nor the lawyers were ready for the hearing.
cNeither the judge nor the lawyers were ready for the hearing.
dNeither the judge nor the lawyers was ready for the hearing.
Answer: C
In a 'neither...nor' construction, the verb agrees with the nearer subject ('lawyers', plural), so 'were' is correct; the sentence also needs a closing full stop and no comma before 'nor'.
The Gauhati High Court, which serves as the High Court for Assam, presently exercises jurisdiction over how many States of the Indian Union?
aFour
bFive
cSeven
dThree
Answer: A
After the carving out of separate High Courts for Manipur, Meghalaya and Tripura in 2013, the Gauhati High Court now has jurisdiction over four States: Assam, Nagaland, Mizoram and Arunachal Pradesh.
Majuli, located in the State of Assam, is notable for being the world's largest of which of the following?
aMangrove delta
bBrackish-water lagoon
cSaltwater marsh
dRiver island
Answer: D
Majuli, formed by the Brahmaputra and its tributaries, is the world's largest river island and in 2016 became the first island to be constituted as a district in India.
Kaziranga National Park in Assam, famous for the one-horned rhinoceros, was inscribed on the UNESCO World Heritage List in the year:
a2002
b1972
c1985
d1991
Answer: C
Kaziranga National Park was designated a UNESCO World Heritage Site in 1985 and harbours the single largest population of the greater one-horned rhinoceros in the world.
The river known as the Yarlung Tsangpo in Tibet enters India through Arunachal Pradesh, where it is first called the:
aLohit
bBarak
cJamuna
dDihang (Siang)
Answer: D
The Brahmaputra rises in Tibet as the Yarlung Tsangpo and enters India through Arunachal Pradesh as the Dihang (also called Siang); after joining the Lohit and Dibang it is known as the Brahmaputra.
Srimanta Sankardeva, the 15th-16th century saint-reformer of Assam, is regarded as the founder of which religious movement?
aDin-i-Ilahi
bEkasarana Dharma (Neo-Vaishnavism)
cBrahmo Samaj
dLingayatism
Answer: B
Sankardeva founded Ekasarana Dharma, the Neo-Vaishnavite movement of Assam, and introduced institutions such as the Namghar and Sattra along with art forms like Borgeet and Ankia Naat.
Digboi in Assam holds a special place in India's industrial history as the site of:
aIndia's first oil refinery
bIndia's first tea estate
cIndia's first cement plant
dIndia's first jute mill
Answer: A
The Digboi refinery, commissioned in 1901, is India's oldest oil refinery and one of the oldest still operating in the world; oil was first struck there in 1889.
Identify the part of the sentence that contains an error: 'Neither the witnesses nor the accused (a)/ were present (b)/ when the magistrate (c)/ called the case. (d)'
aNeither the witnesses nor the accused
bcalled the case.
cwhen the magistrate
dwere present
Answer: D
In a 'neither...nor' construction, the verb agrees with the nearer subject; since 'the accused' (singular) is nearer, the verb should be 'was present', not 'were present'.
Under Article 326 of the Constitution, elections to the House of the People and to the Legislative Assemblies of States are to be on the basis of adult suffrage. The minimum age for entitlement to be registered as a voter, after the Sixty-first Amendment, is:
a18 years
b25 years
c21 years
d19 years
Answer: A
Article 326 originally fixed the voting age at 21 years; the Constitution (Sixty-first Amendment) Act, 1988 lowered it to 18 years, applicable from 1989 onwards.
Under Article 215 of the Constitution, every High Court is declared to be a court of record. A necessary incident of being a court of record is that the High Court has the power to:
aAppoint its own judges
bLevy taxes within its jurisdiction
cIssue ordinances during recess
dPunish for contempt of itself
Answer: D
Article 215 declares every High Court to be a court of record having all the powers of such a court, including the power to punish for contempt of itself.
Which Article of the Constitution provides that there shall be a High Court for each State, while also permitting Parliament by law to establish a common High Court for two or more States?
aArticle 241
bArticle 233
cArticle 214
dArticle 124
Answer: C
Article 214 provides that there shall be a High Court for each State; Parliament may, however, by law constitute a common High Court for two or more States, as is the case with the Gauhati High Court for several north-eastern States.
Article 20(3) of the Constitution, which provides that no person accused of any offence shall be compelled to be a witness against himself, confers this protection against self-incrimination on:
aOnly a witness summoned by the court
bA person accused of an offence
cOnly a convicted person
dAny person, whether accused or not
Answer: B
The guarantee against self-incrimination under Article 20(3) is available specifically to a 'person accused of an offence' and protects him from being compelled to be a witness against himself.
Under Article 233 of the Constitution of India, the appointment of a person to be a District Judge in a State is made by the Governor of the State-
aWith the previous sanction of the President of India
bIn consultation with the High Court exercising jurisdiction in relation to such State
cOn the recommendation of the State Public Service Commission alone
dIn consultation with the Chief Justice of India
Answer: B
Article 233(1) provides that appointment, posting and promotion of District Judges are made by the Governor in consultation with the High Court exercising jurisdiction in the State. The Governor may consult only the High Court, not the Union.
A person not already in the service of the Union or the State is eligible to be appointed a District Judge under Article 233(2) only if he has been an advocate or pleader for not less than-
aTen years
bThree years
cFive years
dSeven years
Answer: D
Article 233(2) requires that such a person must have been an advocate or pleader for not less than seven years and must be recommended by the High Court for appointment.
The control over District Courts and Courts subordinate thereto, including the posting, promotion and grant of leave to persons holding any post inferior to that of District Judge, is vested in the High Court by-
aArticle 233
bArticle 234
cArticle 235
dArticle 237
Answer: C
Article 235 vests in the High Court the control over District Courts and courts subordinate thereto, including posting, promotion and grant of leave to members of the judicial service below the rank of District Judge.
Article 233A was inserted by the Constitution (Twentieth Amendment) Act, 1966 to validate appointments and judgments of certain District Judges that did not strictly comply with Articles 233 and 235.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child below the age of
afourteen years
btwelve years
cseven years
dten years
Answer: C
Section 20 of the BNS, 2023 re-enacts the principle of doli incapax (formerly IPC Section 82): nothing done by a child under seven years of age is an offence, granting absolute immunity.
The defence that a child above seven and under twelve years of age, who has not attained sufficient maturity to judge the nature and consequences of his conduct, is exempt from criminal liability is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 22
bSection 21
cSection 23
dSection 20
Answer: B
Section 21 BNS (formerly IPC Section 83) gives qualified immunity to a child above seven and under twelve who lacks sufficient maturity of understanding, unlike the absolute immunity under Section 20.
The doctrine of 'transferred malice', under which a person who causes the death of one whose death he neither intended nor knew himself likely to cause is liable as if he had caused the death of the person intended, is embodied in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 102
bSection 106
cSection 100
dSection 101
Answer: A
Section 102 BNS (formerly IPC Section 301) embodies the doctrine of transferred malice, transmitting the offender's intent to the actual, unintended victim.
The offence formerly described as 'sedition' has been replaced by which section of the Bharatiya Nyaya Sanhita, 2023, dealing with acts endangering the sovereignty, unity and integrity of India?
aSection 197
bSection 152
cSection 124A
dSection 150
Answer: B
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities endangering the sovereignty, unity and integrity of India, replacing the old sedition provision (IPC Section 124A).
Anticipatory bail (direction for grant of bail to a person apprehending arrest) is now provided under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 480
cSection 483
dSection 438
Answer: A
Section 482 BNSS (formerly CrPC Section 438) provides for anticipatory bail by the High Court or Court of Session.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for the commission of rape is provided in
aSection 65
bSection 63
cSection 69
dSection 64
Answer: D
Section 63 BNS defines rape, while Section 64 prescribes the punishment—rigorous imprisonment of not less than ten years extendable to imprisonment for life, and fine.
Whoever does an act with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror in the people, commits a 'terrorist act' under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 113
bSection 109
cSection 111
dSection 152
Answer: A
Section 113 BNS defines and punishes a 'terrorist act' for the first time in the general penal code; Section 111 separately deals with organised crime.
Under the Bharatiya Nyaya Sanhita, 2023, 'organised crime' as a distinct offence is dealt with under
aSection 113
bSection 109
cSection 111
dSection 117
Answer: C
Section 111 BNS introduces 'organised crime' as a new offence covering continuing unlawful activity by crime syndicates such as kidnapping, extortion and vehicle theft; Section 113 covers terrorist acts.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt is ordinarily punishable under Section 117 with imprisonment which may extend to
aTen years
bThree years
cSeven years
dFive years
Answer: C
Section 117(2) BNS punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine, corresponding to the old Section 325 IPC.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which introduces trial in absentia of a proclaimed offender, the Court shall not commence the trial unless a period of how many days has elapsed from the date of framing of the charge?
a180 days
b90 days
c30 days
d60 days
Answer: B
Section 356 BNSS, a new provision permitting trial in absentia of a proclaimed offender who has absconded, bars commencement of the trial until ninety days have elapsed from the date of framing of charge.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or of fine, or of both, or of community service, where the fine shall not exceed:
aOne lakh rupees
bFifty thousand rupees
cTwenty-five thousand rupees
dTen thousand rupees
Answer: B
Section 23(2) BNSS empowers a Magistrate of the first class to impose imprisonment up to three years or fine up to fifty thousand rupees, or both, or community service, the fine ceiling being raised from the old CrPC figure.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces 'community service' as a recognised form of punishment that a Magistrate may order. Community service, as explained in the Sanhita, means work which the convict is ordered to perform as a form of punishment that benefits the community, and for which he:
aShall be entitled to remission of one-half of his sentence
bShall be paid the prescribed minimum wage
cShall be paid half the wages of a free labourer
dShall not be entitled to any remuneration
Answer: D
The Explanation to Section 23 BNSS defines community service as work ordered as punishment benefiting the community, for which the convict shall not be entitled to any remuneration.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition to the President or the Governor within how many days of receiving information of the dismissal of the appeal by the Supreme Court or confirmation of the sentence by the High Court?
a60 days
b90 days
c15 days
d30 days
Answer: D
Section 472(1) BNSS, a new provision, prescribes a thirty-day period for filing a mercy petition after dismissal of the appeal by the Supreme Court or confirmation of the death sentence by the High Court.
In which decision did the Supreme Court issue comprehensive guidelines on arrest and the grant of bail, reiterating that 'bail is the rule, jail is the exception', which guidelines continue to inform practice under the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSatender Kumar Antil v. CBI, (2022) 10 SCC 51
bSanjay Chandra v. CBI, (2012) 1 SCC 40
cArnesh Kumar v. State of Bihar, (2014) 8 SCC 273
dGurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Answer: A
In Satender Kumar Antil v. CBI, (2022) 10 SCC 51, the Supreme Court laid down detailed directions on arrest, default bail and bail categories, reaffirming that bail is the rule and jail the exception.
A plaint shall be rejected on the ground that the suit appears from the statement in the plaint to be barred by any law, under-
aOrder VII, Rule 10 CPC
bOrder VII, Rule 1 CPC
cOrder VII, Rule 11 CPC
dOrder VI, Rule 16 CPC
Answer: C
Order VII Rule 11 CPC enumerates the grounds for rejection of a plaint, including clause (d) where the suit appears from the statement in the plaint to be barred by any law.
A temporary injunction restraining the defendant where property in dispute is in danger of being wasted, damaged or alienated may be granted under-
aOrder XXXIX, Rules 1 and 2 CPC
bOrder XL, Rule 1 CPC
cOrder XXXVIII, Rule 5 CPC
dOrder XXI, Rule 32 CPC
Answer: A
Order XXXIX Rules 1 and 2 CPC govern temporary injunctions, available where the property in dispute is in danger of being wasted, damaged or alienated; attachment before judgment is the separate remedy under Order XXXVIII Rule 5.
An application for restitution, to place the parties in the position they would have occupied but for a decree which has since been varied or reversed, is made under-
aSection 151 CPC
bSection 114 CPC
cSection 144 CPC
dSection 47 CPC
Answer: C
Section 144 CPC provides for restitution: where a decree is varied or reversed, the court which passed it shall, on application, cause restitution to be made to restore the parties to their earlier position.
Where Assam, Nagaland, Mizoram and Arunachal Pradesh share the common Gauhati High Court, an application to transfer a suit pending in a subordinate court to another competent court within the State is maintainable before the High Court under-
aSection 24 CPC
bSection 25 CPC
cSection 22 CPC
dSection 23 CPC
Answer: A
Section 24 CPC empowers the High Court (or District Court) to transfer or withdraw any suit, appeal or proceeding pending in a subordinate court; inter-State transfer between courts not subordinate to the same High Court falls under Section 25, exercisable by the Supreme Court.
A caveat, enabling a person to be heard before any order is passed on an application in a suit or proceeding instituted or about to be instituted, may be lodged under-
aSection 149 CPC
bSection 151 CPC
cSection 148A CPC
dSection 148 CPC
Answer: C
Section 148A CPC provides for lodging a caveat by a person claiming a right to appear before the court on the hearing of an application in a suit or proceeding instituted or about to be instituted.
A promise to pay a debt barred by the law of limitation is enforceable under Section 25(3) of the Indian Contract Act, 1872 only if it is
aRegistered with the Sub-Registrar
bSupported by fresh consideration
cMade orally before two witnesses
dIn writing and signed by the person to be charged or his duly authorised agent
Answer: D
Section 25(3) requires the promise to be in writing and signed by the person to be charged therewith, or by his agent generally or specially authorised in that behalf.
The doctrine of frustration, by which a contract becomes void on the subsequent impossibility or unlawfulness of its performance, is embodied in which section of the Indian Contract Act, 1872?
aSection 73
bSection 65
cSection 39
dSection 56
Answer: D
Section 56 provides that a contract to do an act which, after the contract is made, becomes impossible or unlawful, becomes void when the act becomes impossible or unlawful.
Under Section 74 of the Indian Contract Act, 1872, where a sum is named in the contract as the amount to be paid in case of breach, the aggrieved party is entitled to
aThe whole sum named, irrespective of actual loss
bCompensation only if actual loss is strictly proved
cDouble the sum named as exemplary damages
dReasonable compensation not exceeding the sum named, whether or not actual damage is proved
Answer: D
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named, whether or not actual damage or loss is proved, and it does away with the English distinction between penalty and liquidated damages.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is, under Section 124 of the Indian Contract Act, 1872, called a contract of
aGuarantee
bIndemnity
cAgency
dBailment
Answer: B
Section 124 defines a contract of indemnity as one to save the promisee from loss caused by the conduct of the promisor himself or of any other person.
Under Section 13B(2) of the Hindu Marriage Act, 1955, the second motion for divorce by mutual consent must ordinarily be made:
aImmediately after the first motion
bNot earlier than six months and not later than eighteen months from presentation of the petition
cNot earlier than one year and not later than two years
dNot earlier than three months and not later than one year
Answer: B
Section 13B(2) requires the joint motion to be made not earlier than six months and not later than eighteen months after presentation of the petition, if it is not withdrawn in the meantime.
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955 is:
aDirectory, and can be waived by the court in appropriate cases
bReduced to three months by the judgment
cMandatory and incapable of waiver
dApplicable only to contested divorces
Answer: A
In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six-month cooling-off period under Section 13B(2) is directory, not mandatory, and may be waived where reconciliation is impossible.
Section 14 of the Hindu Marriage Act, 1955 provides that, ordinarily, no petition for divorce shall be presented to the court:
aBefore the expiry of three years from the date of marriage
bBefore the expiry of two years from the date of marriage
cWithin six months of the date of marriage
dBefore the expiry of one year from the date of marriage
Answer: D
Section 14 bars presentation of a divorce petition within one year of marriage, save in cases of exceptional hardship to the petitioner or exceptional depravity of the respondent.
In Sarla Mudgal v. Union of India (1995), the Supreme Court held that a Hindu husband who converts to Islam and contracts a second marriage without dissolving his first marriage:
aCannot be prosecuted as personal law prevails
bHas automatically dissolved his first marriage by conversion
cHas validly contracted the second marriage under Muslim personal law
dIs guilty of bigamy under Section 494 IPC, the second marriage being void
Answer: D
In Sarla Mudgal v. Union of India, the Court held that conversion to Islam does not dissolve the first Hindu marriage; a second marriage during its subsistence is void and the apostate husband is guilty of bigamy under Section 494 IPC.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the pronouncement of talaq-e-biddat (instantaneous triple talaq) by a Muslim husband upon his wife is declared to be:
aVoidable at the option of the wife
bMerely irregular (fasid) and curable
cVoid and illegal
dValid but irrevocable
Answer: C
Section 3 of the 2019 Act declares any pronouncement of talaq by a Muslim husband, whether spoken, written or in electronic form, to be void and illegal.
A Muslim husband who pronounces talaq referred to in Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 upon his wife is liable to be punished with imprisonment which may extend to:
aSeven years and fine
bOne year and fine
cTwo years and fine
dThree years and fine
Answer: D
Section 4 of the 2019 Act prescribes imprisonment for a term which may extend to three years, and the husband shall also be liable to a fine.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, custody of the minor children, in the event of pronouncement of talaq, is to be granted to:
aThe mother, in such manner as may be determined by the Magistrate
bThe father in every case
cThe Wakf Board
dThe paternal grandfather
Answer: A
Section 6 of the 2019 Act entitles the married Muslim woman to custody of her minor children, in such manner as may be determined by the Magistrate.
Under Section 3 of the Limitation Act, 1963, every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed -
aOnly after the court frames an issue on limitation
bAlthough limitation has not been set up as a defence
cOnly if the defendant pleads limitation as a defence
dOnly with the prior leave of the High Court
Answer: B
Section 3(1) makes the bar of limitation mandatory: a time-barred proceeding must be dismissed even though limitation has not been set up as a defence, the court being bound to take note of it suo motu.
The benefit of Section 5 of the Limitation Act, 1963 (extension of prescribed period on showing sufficient cause) is available to -
aAppeals and applications (other than under Order XXI CPC), but not suits
bSuits and plaints only
cApplications under Order XXI of the Code of Civil Procedure only
dEvery suit, appeal and application without exception
Answer: A
Section 5 permits condonation of delay only for an appeal or an application; it does not apply to a suit, and applications under Order XXI CPC are expressly excluded.
Where the prescribed period for a suit, appeal or application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the proceeding may be instituted, preferred or made -
aOn the last working day before the closure
bOn the day when the court reopens
cOnly after obtaining condonation of delay under Section 5
dWithin thirty days of the closure
Answer: B
Section 4 allows the proceeding to be filed on the day the court reopens; a court is deemed closed if it remains closed during any part of its normal working hours on that day.
Under the Arbitration and Conciliation Act, 1996, the number of arbitrators determined by the parties :
aMust always be three
bShall always be a sole arbitrator
cShall not exceed five
dShall not be an even number
Answer: D
Section 10(1) provides that parties are free to determine the number of arbitrators, provided that such number shall not be an even number. Failing such determination, the tribunal consists of a sole arbitrator under Section 10(2).
The doctrine of 'kompetenz-kompetenz', empowering the arbitral tribunal to rule on its own jurisdiction, is embodied in which section of the Arbitration and Conciliation Act, 1996 ?
aSection 14
bSection 16
cSection 20
dSection 18
Answer: B
Section 16(1) provides that the arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement.
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence under Section 21 of the Arbitration and Conciliation Act, 1996 on the date on which :
aThe statement of claim is filed before the tribunal
bThe arbitrator is appointed by the Court
cA request for that dispute to be referred to arbitration is received by the respondent
dThe arbitration agreement is executed
Answer: C
Section 21 provides that, unless otherwise agreed, arbitral proceedings commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Under the Advocates Act, 1961, a complaint of professional or other misconduct against an advocate is referred for disposal by the State Bar Council to its :
aDisciplinary Committee
bLegal Aid Committee
cEnrolment Committee
dExecutive Committee
Answer: A
Under Section 35 of the Advocates Act, 1961, where a State Bar Council has reason to believe that an advocate on its roll is guilty of professional or other misconduct, it refers the case to its Disciplinary Committee.
The right of an advocate, whose name is entered on a State roll, to practise as of right throughout the territories to which the Act extends, in all courts including the Supreme Court, is conferred by :
aSection 35 of the Advocates Act, 1961
bSection 30 of the Advocates Act, 1961
cSection 24 of the Advocates Act, 1961
dSection 49 of the Advocates Act, 1961
Answer: B
Section 30 of the Advocates Act, 1961 confers on every advocate whose name is entered in the State roll the right to practise throughout the territories to which the Act extends, in all courts including the Supreme Court.
The Indian Evidence Act, 1872 has been replaced with effect from 1st July 2024 by which of the following enactments?
aThe Bharatiya Nyaya Sanhita, 2023
bThe Bharatiya Sakshya Adhiniyam, 2023
cThe Bharatiya Saksh Sanhita, 2023
dThe Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: B
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023) repealed the Indian Evidence Act, 1872 and came into force on 1 July 2024. BNS replaced the IPC and BNSS replaced the CrPC.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer shall be proved against a person accused of any offence. This rule is contained in which section?
aSection 25
bSection 23
cSection 22
dSection 27
Answer: B
Section 23 (sub-section (1)) of the BSA, 2023 bars proof of a confession made to a police officer (corresponding to the old Section 25 of the Indian Evidence Act, 1872).
The principle that so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved, is now embodied in which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 24
bSection 27
cThe proviso to Section 23
dSection 22
Answer: C
The 'fact discovered' / recovery exception, formerly Section 27 of the Indian Evidence Act, is retained in the proviso to Section 23 (specifically the proviso to sub-section (2)) of the BSA, 2023.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be effected by:
aA registered instrument signed by the donor and attested by at least two witnesses
bAn unregistered written instrument signed by the donor
cAn oral declaration before two witnesses
dDelivery of possession alone
Answer: A
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; a gift of movable property may be made by registered instrument or by delivery.
Under Section 122 of the Transfer of Property Act, 1882, for a valid gift the acceptance by or on behalf of the donee must be made:
aDuring the lifetime of the donor and while he is still capable of giving
bOnly after registration of the gift deed
cWithin a reasonable time after the donor's death
dAt any time before the property is sold to a third party
Answer: A
Section 122 defines gift as a voluntary transfer without consideration, and requires that acceptance be made during the lifetime of the donor and while he is still capable of giving; otherwise the gift is void.
After the Motor Vehicles (Amendment) Act, 2019, Section 164 provides a no-fault liability compensation for death arising out of the use of a motor vehicle of what fixed sum?
aRupees fifty thousand
bRupees five lakh
cRupees one lakh
dRupees two lakh fifty thousand
Answer: B
The 2019 amendment substituted the old no-fault scheme; Section 164(1) now fixes Rs. 5,00,000 for death and Rs. 2,50,000 for grievous hurt, payable without proof of wrongful act or default.
Under Section 10 of the Indian Trusts Act, 1882, where a trust involves the exercise of discretion, the trustee cannot execute it unless he is:
aCompetent to contract
bMerely capable of holding property
cA major above twenty-one years of age
dAppointed by an order of the civil court
Answer: A
Section 10 provides that every person capable of holding property may be a trustee, but where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract.
The maxim "damnum sine injuria", meaning damage without violation of a legal right (and therefore not actionable), is best illustrated by:
aAshby v. White
bRylands v. Fletcher
cGloucester Grammar School Case
dBhim Singh v. State of J&K
Answer: C
In the Gloucester Grammar School Case (1410), a rival school set up by a former teacher caused the plaintiff financial loss, but as no legal right was infringed by lawful competition, no action lay (damnum sine injuria).
Under Section 47 of the Registration Act, 1908, a registered document operates:
afrom the date on which it is registered
bfrom the date of presentation before the Sub-Registrar
cfrom the date the registering officer enters it in Book No. 1
dfrom the time from which it would have commenced to operate if no registration thereof had been required or made
Answer: D
Section 47 provides that a registered document operates from the time from which it would have commenced to operate had no registration been required or made, and not from the time of its registration.
Under Section 7 of the Court-fees Act, 1870, in a suit to enforce a right of pre-emption, the court-fee is computed according to:
aOne-fourth of the market-value of the land, building or garden
bTen times the annual rental value of the property
cThe market-value of the land, building or garden in respect of which the right is claimed
dThe consideration set out in the sale-deed sought to be pre-empted
Answer: C
Section 7 of the Court-fees Act, 1870 provides that in suits to enforce a right of pre-emption, the fee is computed according to the market-value of the land, building or garden in respect of which the right is claimed.
Which of the following contracts CANNOT be specifically enforced under Section 14 of the Specific Relief Act, 1963 (as amended in 2018)?
aA contract for the sale of immovable property
bA contract for transfer of shares of a private company
cA contract for construction supervised by an engineer
dA contract which is in its nature determinable
Answer: D
Section 14, post-2018, lists a contract which is in its nature determinable among those that cannot be specifically enforced, along with contracts where substituted performance has been obtained, contracts involving continuous duty the court cannot supervise, and contracts dependent on personal qualifications.
Under Section 4 of the Payment of Gratuity Act, 1972, gratuity is calculated at the rate of fifteen days' wages, based on the last drawn wages, for:
aEvery completed month of service
bEvery six months of completed service
cEvery completed year of service or part thereof in excess of six months
dOnly each full completed year of service, ignoring any part
Answer: C
Section 4(2) provides for gratuity at fifteen days' wages (on last drawn wages) for every completed year of service or part thereof in excess of six months.
Under the RFCTLARR Act, 2013, where land acquired remains unutilised for the purpose for which it was acquired for a period of five years from the date of taking possession, the land:
aVests absolutely and permanently in the acquiring company
bIs automatically forfeited to the Central Government
cMust be auctioned in open market by the Collector
dShall be returned to the original owner or owners or their legal heirs, or deposited in the Land Bank of the appropriate Government
Answer: D
Section 101 provides that unutilised land may be returned to the original owners or their heirs, or transferred to the Land Bank of the appropriate Government, if unused for five years.
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