Assam Judiciary Mock Test 7 — Questions & Solutions
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Who took oath as the Chief Justice of India on 24 November 2025, becoming the 53rd holder of that office?
aB. R. Gavai
bD. Y. Chandrachud
cSurya Kant
dSanjiv Khanna
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai, and is due to serve until February 2027.
Himanta Biswa Sarma, who was sworn in for a second consecutive term in May 2026, is the Chief Minister of which State?
aAssam
bManipur
cMeghalaya
dTripura
Answer: A
Himanta Biswa Sarma took oath as Chief Minister of Assam for a second consecutive term in May 2026, becoming the first non-Congress leader in the State to serve consecutive terms.
A sum of money becomes double of itself in 8 years at a certain rate of simple interest. In how many years will the same sum become four times of itself at the same rate?
a24 years
b20 years
c32 years
d16 years
Answer: A
Doubling in 8 years means interest equal to the principal accrues in 8 years (rate 12.5%). To become four times, interest equal to three times the principal is needed, requiring 3 x 8 = 24 years.
The Gauhati High Court, with its principal seat at Guwahati, currently exercises jurisdiction over which group of States?
aAssam, Tripura, Mizoram and Sikkim
bAssam, Meghalaya, Manipur and Tripura
cAssam, Nagaland, Mizoram and Arunachal Pradesh
dAssam, Nagaland, Manipur and Mizoram
Answer: C
After the creation of separate High Courts for Meghalaya, Manipur and Tripura in 2013, the Gauhati High Court retained jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh, with outlying benches at Kohima, Aizawl and Itanagar.
Kaziranga National Park in Assam, inscribed on the UNESCO World Heritage list in 1985, is most renowned for harbouring the world's largest population of which animal?
aGreat Indian One-Horned Rhinoceros
bRoyal Bengal Tiger
cAsiatic Lion
dWild Water Buffalo
Answer: A
Kaziranga, a UNESCO World Heritage Site since 1985, holds roughly two-thirds of the world's greater one-horned rhinoceros population.
The river known in Tibet as the Yarlung Tsangpo enters India through which State before flowing into the Assam plains as the Brahmaputra?
aManipur
bArunachal Pradesh
cSikkim
dNagaland
Answer: B
After originating from the Angsi glacier region in Tibet as the Yarlung Tsangpo, the river enters India in Arunachal Pradesh (as the Siang/Dihang) before becoming the Brahmaputra in Assam.
Magh Bihu, one of the three Bihu festivals of Assam, is also popularly known as the festival of which of the following?
aScarcity
bSowing
cFeasting
dMourning
Answer: C
Magh (Bhogali) Bihu, celebrated in January, is the festival of feasting; Kati (Kongali) Bihu is associated with scarcity and Bohag (Rongali) Bihu with merriment and the Assamese New Year.
Who took oath as the Chief Minister of Assam in May 2026 for a second consecutive term following the State Assembly elections?
aTarun Gogoi
bHimanta Biswa Sarma
cAtul Bora
dSarbananda Sonowal
Answer: B
Himanta Biswa Sarma was sworn in as Chief Minister of Assam for a second consecutive term in May 2026, becoming the first non-Congress leader in the State to serve consecutive terms.
Select the correct option to complete the sentence in reported speech: 'The judge said, "I will deliver the verdict tomorrow."' becomes 'The judge said that he ______ the verdict the next day.'
ahad delivered
bdelivered
cwill deliver
dwould deliver
Answer: D
In reported speech, 'will' changes to 'would' and 'tomorrow' becomes 'the next day' when the reporting verb is in the past tense.
Choose the one-word substitute for 'a person who pretends to have knowledge or skill that he does not have, especially in medicine.'
aCharlatan
bCynic
cConnoisseur
dQuack
Answer: D
A 'quack' specifically denotes a person who falsely claims medical knowledge or skill; while 'charlatan' is a general fraud, the medical sense points to 'quack'.
Identify the part of the sentence that contains an error: "Neither the judge nor the lawyers (a)/ was present (b)/ when the verdict (c)/ was announced. (d)"
awas announced
bwhen the verdict
cNeither the judge nor the lawyers
dwas present
Answer: D
With 'neither...nor', the verb agrees with the nearer subject ('lawyers', plural), so it should be 'were present', not 'was present'.
The administration of the tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram through Autonomous District Councils is provided for in the Constitution of India by the-
aSeventh Schedule
bSixth Schedule
cTenth Schedule
dFifth Schedule
Answer: B
The Sixth Schedule (read with Articles 244(2) and 275(1)) provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through Autonomous District and Regional Councils.
The power of superintendence of a High Court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is contained in-
aArticle 227
bArticle 228
cArticle 226
dArticle 235
Answer: A
Article 227 confers on every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction, except courts constituted under any law relating to the Armed Forces.
The fundamental distinction between the writ jurisdiction of the Supreme Court under Article 32 and that of a High Court under Article 226 is that-
aNeither can issue the writ of habeas corpus
bA High Court can issue writs only for Fundamental Rights, while the Supreme Court can issue them for any purpose
cBoth can issue writs only for the enforcement of Fundamental Rights
dThe Supreme Court can issue writs only for enforcement of Fundamental Rights, while a High Court can issue them both for Fundamental Rights and for any other purpose
Answer: D
Article 32 empowers the Supreme Court to issue writs only for the enforcement of Fundamental Rights, whereas Article 226 empowers a High Court to issue writs for the enforcement of Fundamental Rights and for 'any other purpose', making its writ jurisdiction wider.
Under the Constitution of India, a Judge of a High Court holds office until he attains the age of-
aSixty-five years
bSeventy years
cSixty-two years
dSixty years
Answer: C
Under Article 217(1), a Judge of a High Court holds office until he attains the age of sixty-two years. This was raised from sixty to sixty-two by the Constitution (Fifteenth Amendment) Act, 1963.
The Gauhati High Court, with its principal seat at Guwahati, presently exercises jurisdiction in relation to-
aAssam, Nagaland, Mizoram and Arunachal Pradesh
bAll the seven North-Eastern States
cAssam and Nagaland only
dAssam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh
Answer: A
After Meghalaya, Manipur and Tripura got separate High Courts (2013), the Gauhati High Court now exercises jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh, with benches at Kohima, Aizawl and Itanagar.
The doctrine of 'basic structure' of the Constitution, which limits the amending power of Parliament under Article 368, was propounded by the Supreme Court in-
aGolak Nath v. State of Punjab
bKesavananda Bharati v. State of Kerala
cMinerva Mills v. Union of India
dA.K. Gopalan v. State of Madras
Answer: B
The basic structure doctrine was laid down in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, holding that Parliament cannot amend the Constitution so as to destroy its basic structure.
Under Article 124(4) of the Constitution, a Judge of the Supreme Court can be removed from office only by an order of the President passed on an address by each House of Parliament supported by a majority of the total membership and-
aA majority of not less than two-thirds of the members present and voting
bA three-fourths majority of the total membership
cA simple majority of those voting in the Rajya Sabha alone
dA majority of members present and voting
Answer: A
Article 124(4) requires an address by each House supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting, on the ground of proved misbehaviour or incapacity.
Statutory recognition to the 'Zero FIR' and the electronic FIR, requiring registration of information relating to a cognizable offence irrespective of the area where the offence is committed, is given under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 190
bSection 173
cSection 176
dSection 154
Answer: B
Section 173 BNSS (formerly CrPC Section 154) governs registration of FIR in cognizable cases and gives statutory recognition to Zero FIR and e-FIR.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot authorise detention of the accused beyond a total period of ninety days where the investigation relates to an offence punishable with
aimprisonment for a term of seven years or more
bdeath, imprisonment for life or imprisonment for a term of ten years or more
cimprisonment for less than ten years
dfine only
Answer: B
Section 187 BNSS (formerly CrPC Section 167) caps detention at 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days otherwise, after which default bail accrues.
The illustration 'A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A' appears under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 108
bSection 105
cSection 109
dSection 104
Answer: A
Section 108 BSA (formerly IEA Section 105) places on the accused the burden of proving that his case falls within the General Exceptions, and carries this very illustration on unsoundness of mind.
A dying declaration, i.e. a statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death, is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 32
bSection 60
cSection 24
dSection 26
Answer: D
Section 26 BSA (formerly IEA Section 32) makes a dying declaration relevant, resting on the maxim nemo moriturus praesumitur mentiri (a dying person is presumed not to lie).
The maxim 'actus non facit reum nisi mens sit rea' means
ano one can be a judge in his own cause
ban act does not make a person guilty unless the mind is also guilty
clet the buyer beware
dignorance of law is no excuse
Answer: B
The maxim expresses that criminal liability requires both a prohibited act (actus reus) and a guilty mind (mens rea); without the guilty mind the act alone is not punishable.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is punishable under-
aSection 103
bSection 300
cSection 101
dSection 105
Answer: A
Murder is defined in Section 101 of the BNS, while the punishment for murder is provided under Section 103. Culpable homicide is defined in Section 100 and punished under Section 105.
Dacoity under the Bharatiya Nyaya Sanhita, 2023 is committed when robbery is conjointly committed or attempted by-
aThree or more persons
bTwo or more persons
cSeven or more persons
dFive or more persons
Answer: D
Section 310 of the BNS provides that when five or more persons conjointly commit or attempt to commit a robbery, every such person is said to commit dacoity. The threshold of five persons is retained from the old IPC.
Nothing is an offence under the Bharatiya Nyaya Sanhita, 2023 if it is done by a child under-
aTen years of age
bFourteen years of age
cSeven years of age
dTwelve years of age
Answer: C
Section 20 of the BNS grants absolute immunity to a child below seven years of age. A child above seven and under twelve may be excused under Section 21 only if shown to lack maturity of understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the newly introduced offence of causing death by rash or negligent driving and escaping from the scene without reporting it to a police officer or Magistrate is punishable with imprisonment which may extend to-
aSeven years
bFive years
cTwo years
dTen years
Answer: D
Section 106(2) of the BNS is a new provision under which a person who causes death by rash or negligent act and then flees the scene or fails to report it may be punished with imprisonment up to ten years. The general offence under Section 106(1) carries up to seven years.
The new offence of 'snatching', distinct from theft, has been introduced for the first time under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 303
bSection 310
cSection 309
dSection 304
Answer: D
Section 304 of the BNS defines and punishes snatching, a wholly new offence with no counterpart in the old IPC, where the offender suddenly or forcibly seizes movable property to commit theft.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a "Zero FIR" — that is, recording of first information relating to a cognizable offence irrespective of the area where the offence is committed — is provided for in which section?
aSection 187
bSection 154
cSection 173
dSection 175
Answer: C
Section 173(1) BNSS codifies the Zero FIR by mandating recording of information of a cognizable offence "irrespective of the area where the offence is committed". This corresponds to Section 154 of the repealed CrPC.
Under Section 187(3) of the BNSS, 2023, the maximum total period for which a Magistrate may authorise the detention of an accused, where the investigation relates to an offence punishable with imprisonment for a term of not less than ten years, is:
aNinety days
bSeventy-five days
cOne hundred and eighty days
dSixty days
Answer: A
Section 187(3) BNSS permits total detention up to ninety days where the offence is punishable with death, life imprisonment, or imprisonment for not less than ten years, and sixty days for any other offence, failing which the accused is entitled to default bail.
Under Section 187(2) of the BNSS, 2023, the fifteen days of police custody of an accused:
aCan never exceed seven days in the aggregate
bMay extend up to thirty days for offences punishable with death
cMay be sought in parts at any time during the initial forty or sixty days of the total detention period
dMust always be taken in one continuous stretch within the first fifteen days of remand
Answer: C
Section 187(2) BNSS introduces "staggered" police custody: the 15 days may be sought in parts during the initial 40 days (offences up to 10 years) or 60 days (offences of 10 years or more, life or death), unlike the CrPC where police custody was confined to the first 15 days.
Under the BNSS, 2023, an application for grant of anticipatory bail to a person apprehending arrest on an accusation of having committed a non-bailable offence lies under:
aSection 479
bSection 482
cSection 480
dSection 438
Answer: B
Section 482 BNSS provides for anticipatory bail by the High Court or Court of Session and corresponds to Section 438 of the repealed CrPC.
Section 479 of the BNSS, 2023 provides that a first-time offender (against whom no other case is pending) shall be released on bond by the Court if he has undergone detention for a period extending up to:
aOne-half of the maximum period of imprisonment specified for the offence
bOne-third of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dTwo-thirds of the maximum period of imprisonment specified for the offence
Answer: B
Under the first proviso to Section 479(1) BNSS, a first-time offender is released on bond after undergoing detention up to one-third of the maximum sentence; the general rule for others is one-half.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is-
aImpliedly barred only
bBarred by a notification of the State Government
cExpressly barred only
dEither expressly or impliedly barred
Answer: D
Section 9 CPC confers jurisdiction on civil courts over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. It is often called the gateway of the CPC.
An application for setting aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908 may be allowed where the defendant satisfies the Court that-
aThe plaintiff has not executed the decree within limitation
bThe decree is erroneous on merits
cSummons was not duly served, or he was prevented by sufficient cause from appearing
dA fresh and important document has since been discovered
Answer: C
Order IX Rule 13 CPC allows an ex parte decree to be set aside where the defendant shows that summons was not duly served or that he was prevented by sufficient cause from appearing when the suit was called for hearing.
Section 89 of the Code of Civil Procedure, 1908 provides for settlement of disputes outside the Court. Which of the following is NOT one of the modes specified therein?
aConciliation
bReference to the Advocate General
cJudicial settlement including Lok Adalat
dArbitration
Answer: B
Section 89 CPC lists arbitration, conciliation, judicial settlement including Lok Adalat, and mediation as modes of settlement. Reference to the Advocate General is not among them.
The doctrine of res sub judice, which directs a Court to stay the trial of a subsequently instituted suit, is contained in-
aSection 10 of the CPC
bSection 11 of the CPC
cSection 12 of the CPC
dSection 13 of the CPC
Answer: A
Section 10 CPC embodies res sub judice and bars the trial (not institution) of a suit where the matter in issue is directly and substantially the same as one already pending between the same parties in a competent court.
Under Section 13 of the Code of Civil Procedure, 1908, a foreign judgment is NOT conclusive where-
aIt has been pronounced by a court of competent jurisdiction
bIt has not been given on the merits of the case
cIt is founded on a correct view of international law
dThe proceedings were conducted in accordance with natural justice
Answer: B
Section 13 CPC lists six exceptions; clause (b) provides that a foreign judgment is not conclusive where it has not been given on the merits of the case.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person who gives the guarantee is called the
aIndemnifier
bCreditor
cSurety
dPrincipal debtor
Answer: C
Section 126 defines a contract of guarantee and provides that the person who gives the guarantee is called the surety, the person in respect of whose default the guarantee is given is the principal debtor, and the person to whom the guarantee is given is the creditor.
Under Section 148 of the Indian Contract Act, 1872, the delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering them, is called
aPledge
bHypothecation
cBailment
dLien
Answer: C
Section 148 defines bailment as the delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
Under Section 182 of the Indian Contract Act, 1872, a person employed to do any act for another or to represent another in dealings with third persons is called
aAn agent
bA surety
cA principal
dA bailee
Answer: A
Section 182 defines an 'agent' as a person employed to do any act for another or to represent another in dealings with third persons, and the person for whom such act is done is the 'principal'.
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is defined in the Indian Contract Act, 1872 as a
aWagering agreement
bVoid contract
cQuasi contract
dContingent contract
Answer: D
Section 31 defines a contingent contract as a contract to do or not to do something if some event, collateral to such contract, does or does not happen.
Under the proviso to Section 6 of the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with:
aThe paternal grandfather
bThe father
cThe mother
dEither parent as the court directs
Answer: C
The proviso to Section 6 of the HMGA, 1956 provides that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court interpreted the word 'after' in Section 6(a) of the Hindu Minority and Guardianship Act, 1956 to mean:
aOnly after the death of the father
bIn the absence of the father, including where he is indifferent or unable to act, so that the mother may be the natural guardian even in his lifetime
cAfter the father attains the age of 60 years
dOnly after a court order removing the father
Answer: B
In Githa Hariharan v. RBI, (1999) 2 SCC 228, the Court read 'after' in Section 6(a) to mean 'in the absence of the father', so that the mother can act as natural guardian during the father's lifetime where he is absent or indifferent, to save the provision from unconstitutionality.
Under Section 8 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor cannot, without previous permission of the court, lease any part of the minor's immovable property for a term exceeding:
aFive years, or extending more than one year beyond the date of the minor attaining majority
bThree years
cSeven years
dTen years
Answer: A
Section 8(2) of the HMGA, 1956 requires previous permission of the court for a lease of the minor's immovable property for a term exceeding five years or extending more than one year beyond the minor attaining majority.
Section 11 of the Hindu Minority and Guardianship Act, 1956 provides that, after the commencement of the Act, a de facto guardian:
aHas the same powers as a natural guardian
bShall not be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of being a de facto guardian
cMay deal with the minor's property with subsequent ratification
dMay alienate the minor's property with two witnesses
Answer: B
Section 11 of the HMGA, 1956 bars a de facto guardian from disposing of or dealing with a Hindu minor's property merely on the ground of being such guardian; such alienations are void.
In Shamim Ara v. State of U.P. (2002), the Supreme Court held that a valid talaq must be:
aRegistered with the Wakf Board before it takes effect
bConfirmed by a decree of the Family Court
cPronounced thrice in a single sitting irrespective of cause
dFor a reasonable cause and preceded by attempts at reconciliation by two arbiters
Answer: D
The Supreme Court held that talaq must be for a reasonable cause and preceded by attempts at reconciliation between husband and wife by two arbiters, one from each family; a mere plea of talaq in a written statement does not by itself dissolve the marriage.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to a decree for dissolution of her marriage on the ground that the whereabouts of the husband have not been known for a period of:
aThree years
bSeven years
cFour years
dTwo years
Answer: C
Section 2(i) of the Act allows a wife to obtain a decree where the whereabouts of the husband have not been known for a period of four years.
Under the Dissolution of Muslim Marriages Act, 1939, failure of the husband to provide maintenance to the wife for a continuous period entitles her to a decree of dissolution where the period is:
aSix months
bOne year
cThree years
dTwo years
Answer: D
Section 2(ii) of the Act provides that neglect or failure of the husband to provide maintenance for a period of two years is a ground for dissolution of marriage at the wife's instance.
According to Section 2(h) of the Limitation Act, 1963, nothing shall be deemed to be done in "good faith" which is not done with -
aHonesty whether negligently or not
bDue care and attention
cKnowledge and consent of the opposite party
dReasonable diligence and bona fide intention
Answer: B
Unlike the IPC/BNS test, Section 2(h) of the Limitation Act defines "good faith" to require due care and attention; mere honesty without care is not good faith.
An application for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 may not be made after the expiry of ______ from the date on which the applicant received the award, save for a further period that the Court may condone.
aThree months
bThirty days
cSixty days
dSix months
Answer: A
Section 34(3) provides that the application may not be made after three months from receipt of the award; the Court may entertain it within a further period of thirty days, but not thereafter, on sufficient cause shown.
"The Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court." This provision is contained in which section of the Arbitration and Conciliation Act, 1996 ?
aSection 43
bSection 45
cSection 40
dSection 48
Answer: A
Section 43(1) expressly makes the Limitation Act, 1963 applicable to arbitrations as it applies to proceedings in court.
In arbitral proceedings with more than one arbitrator, unless otherwise agreed by the parties, any decision of the arbitral tribunal shall be made :
aUnanimously by all members
bBy the senior-most arbitrator
cBy a majority of all its members
dBy the presiding arbitrator alone
Answer: C
Section 29(1) provides that, unless otherwise agreed, any decision of the tribunal with more than one arbitrator shall be made by a majority of all its members. Questions of procedure may, if authorised, be decided by the presiding arbitrator under Section 29(2).
A man walks 5 km towards the South, then turns to his left and walks 3 km, then again turns to his left and walks 5 km. In which direction is he now facing?
aNorth
bWest
cSouth
dEast
Answer: A
Facing South he turns left to face East, then turns left again to face North; he is now facing North.
Q73Aptitude / Reasoning
Statements: All judges are lawyers. Some lawyers are writers. Which of the following conclusions necessarily follows?
aAll lawyers are judges
bSome writers are lawyers
cSome judges are writers
dNo writer is a judge
Answer: B
"Some lawyers are writers" converts validly to "Some writers are lawyers." The other conclusions do not necessarily follow.
Q74Aptitude / Reasoning
If in a certain year the 1st of March was a Monday, what day of the week was the 1st of April in that same (non-leap) year?
aSaturday
bThursday
cWednesday
dFriday
Answer: B
March has 31 days, so 31 ÷ 7 leaves 3 odd days; Monday + 3 days = Thursday for 1st April.
In which of the following decisions did the Supreme Court hold that the dividing line between an administrative power and a quasi-judicial power is quite thin and being gradually obliterated, thereby extending the principles of natural justice to administrative action ?
aRidge v. Baldwin
bState of Punjab v. Gurdial Singh
cA.K. Kraipak v. Union of India
dManeka Gandhi v. Union of India
Answer: C
In A.K. Kraipak v. Union of India, AIR 1970 SC 150, the Supreme Court observed that the line between administrative and quasi-judicial functions is thin and gradually obliterating, and applied natural justice to a selection (administrative) process.
The principle of natural justice expressed by the maxim 'nemo judex in causa sua' essentially requires that :
aEvery order must be made in writing
bReasons must be recorded for every order
cNo person shall be condemned unheard
dNo person shall be a judge in his own cause
Answer: D
'Nemo judex in causa sua' means that no one should be a judge in his own cause; it embodies the rule against bias, one of the two principal limbs of natural justice (the other being audi alteram partem).
The writ issued by a superior court to quash the order or decision of an inferior court or quasi-judicial authority on the ground of excess of jurisdiction or violation of natural justice is :
aHabeas corpus
bQuo warranto
cCertiorari
dMandamus
Answer: C
Certiorari (literally 'to be certified') is issued to quash or set aside an order already passed by an inferior court, tribunal or quasi-judicial body acting without or in excess of jurisdiction or in breach of natural justice.
A statement made by a person, since deceased, as to the cause of his death (a dying declaration) is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 26
bSection 27
cSection 32
dSection 39
Answer: A
Section 26 of the BSA, 2023 deals with statements of persons who cannot be called as witnesses, including the dying declaration, replacing Section 32 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of res gestae — that facts so connected with a fact in issue as to form part of the same transaction are relevant — is contained in which section?
aSection 8
bSection 4
cSection 6
dSection 11
Answer: B
Section 4 of the BSA, 2023 embodies the same-transaction (res gestae) rule, corresponding to Section 6 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a person specially skilled in science, art, handwriting or finger impressions is relevant under which section?
aSection 39
bSection 51
cSection 45
dSection 47
Answer: A
Expert opinion is dealt with under Section 39 of the BSA, 2023, which corresponds to Section 45 of the Indian Evidence Act, 1872.
Unless a different intention is expressed or necessarily implied, Section 8 of the Transfer of Property Act provides that a transfer of property passes forthwith to the transferee:
aOnly the bare legal title, excluding all incidents and easements
bThe arrears of rent and interest accrued before the transfer
cOnly such interest as is expressly mentioned in the deed
dAll the interest which the transferor is then capable of passing, with the legal incidents thereof
Answer: D
Section 8 provides that, absent a contrary intention, a transfer passes forthwith all the interest the transferor is then capable of passing and the legal incidents of the property, such as easements, rents and profits accruing after transfer, and things attached to the earth.
Where property is transferred subject to a condition that absolutely restrains the transferee from parting with or disposing of his interest in the property, Section 10 of the Transfer of Property Act provides that the condition is:
aValid and binding on the transferee
bVoid, while the transfer itself remains operative
cVoid, and renders the entire transfer void
dValid only if the restraint is for a limited period
Answer: B
Section 10 enacts the rule against absolute restraints on alienation: a condition absolutely restraining the transferee from alienating the property is void, but the transfer itself remains valid; partial restraints, however, may be upheld.
Under Section 173 of the Motor Vehicles Act, 1988 (as amended in 2019), no appeal shall lie to the High Court against an award of a Claims Tribunal if the amount in dispute in the appeal is less than what sum?
aRupees one lakh
bRupees ten thousand
cRupees twenty-five thousand
dRupees fifty thousand
Answer: A
The proviso to Section 173(2), as amended with effect from 1 September 2019, bars an appeal where the amount in dispute is less than Rs. 1,00,000 (raised from the earlier Rs. 10,000).
Under Section 8 of the Indian Trusts Act, 1882, the subject-matter of a trust must be property transferable to the beneficiary, and:
aMust always be immoveable property only
bMay be merely a beneficial interest under a subsisting trust
cMay be a mere expectancy of succession
dMust not be merely a beneficial interest under a subsisting trust
Answer: D
Section 8 requires that the subject-matter of a trust be property transferable to the beneficiary, and it must not be merely a beneficial interest under a subsisting trust.
Under the no-fault liability provision of the Motor Vehicles Act, 1988, as substituted by the Motor Vehicles (Amendment) Act, 2019, the fixed compensation payable in case of death arising out of the use of a motor vehicle is:
aRs. 2,50,000
bRs. 1,00,000
cRs. 5,00,000
dRs. 50,000
Answer: C
Section 164 of the Motor Vehicles Act, 1988 (substituted by the 2019 Amendment) fixes no-fault compensation at Rs. 5,00,000 for death and Rs. 2,50,000 for grievous hurt, replacing the earlier Section 140 figures of Rs. 50,000 and Rs. 25,000.
By virtue of the proviso to Section 49 of the Registration Act, 1908, an unregistered document required to be registered may nevertheless be received in evidence:
afor all purposes once the requisite stamp duty is paid
bas evidence of a contract in a suit for specific performance or of any collateral transaction not required to be effected by a registered instrument
conly if the document is more than twelve years old
dto prove the transfer of title to the immovable property
Answer: B
The proviso to Section 49 allows an unregistered document to be received as evidence of a contract in a suit for specific performance, of part performance, or of any collateral transaction not required to be effected by registered instrument.
The power to reduce or remit, in the whole or in any part of the territories under its administration, the fees mentioned in the First and Second Schedules to the Court-fees Act, 1870 is conferred by Section 35 upon:
aThe appropriate Government
bThe High Court
cThe Central Government alone
dThe District Judge
Answer: A
Section 35 of the Court-fees Act, 1870 empowers the appropriate (State) Government, by notification in the Official Gazette, to reduce or remit any of the fees mentioned in the First and Second Schedules.
Under Section 20 of the Specific Relief Act, 1963 (as substituted in 2018), before availing substituted performance through a third party, the party who suffers breach must give the defaulting party prior written notice of not less than:
aSixty days
bNinety days
cFifteen days
dThirty days
Answer: D
Section 20 (substituted by the 2018 amendment) permits substituted performance only after the suffering party gives the defaulting party a written notice of not less than thirty days to perform the contract.
Under the Payment of Gratuity Act, 1972, the minimum period of continuous service generally required for entitlement to gratuity is five years; however, this condition is NOT necessary where termination is due to:
aDeath or disablement
bSuperannuation
cResignation
dRetrenchment
Answer: A
The proviso to Section 4(1) dispenses with the five-year continuous service requirement where the termination of employment is due to death or disablement of the employee.
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