Assam Judiciary Mock Test 10 — Questions & Solutions
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At present, the Gauhati High Court exercises territorial jurisdiction over how many States?
aSix
bFour
cThree
dSeven
Answer: B
Following the creation of separate High Courts for Meghalaya, Manipur and Tripura in 2013, the Gauhati High Court now has jurisdiction over four States: Assam, Nagaland, Mizoram and Arunachal Pradesh.
The Aizawl Bench, Kohima Bench and Itanagar Bench are outlying benches of which High Court?
aCalcutta High Court
bManipur High Court
cTripura High Court
dGauhati High Court
Answer: D
The Gauhati High Court has its principal seat at Guwahati and three outlying benches at Aizawl (Mizoram), Kohima (Nagaland) and Itanagar (Arunachal Pradesh).
Kaziranga National Park, famous for the great one-horned rhinoceros, was inscribed as a UNESCO World Heritage Site in the year
a2005
b1985
c1992
d1972
Answer: B
Kaziranga National Park in Assam, home to the world's largest population of the greater one-horned rhinoceros, was designated a UNESCO World Heritage Site in 1985.
In April 2023, Assam entered the Guinness World Records for the largest performance of which folk dance at a single venue?
aBihu
bSattriya
cJhumur
dBagurumba
Answer: A
On 13 April 2023, over 11,000 dancers and drummers performed the Bihu dance at Sarusajai Stadium, Guwahati, setting a Guinness World Record for the largest Bihu dance.
Which leader took oath in May 2026 as Chief Minister of Assam for a second consecutive term?
aHimanta Biswa Sarma
bTarun Gogoi
cSarbananda Sonowal
dPrafulla Kumar Mahanta
Answer: A
Himanta Biswa Sarma was sworn in as Chief Minister of Assam for a second consecutive term in May 2026 following the BJP-led alliance's victory in the State Assembly elections.
Which writ is described as 'the bulwark of personal liberty', being issued to secure the release of a person unlawfully detained?
aCertiorari
bHabeas Corpus
cQuo Warranto
dMandamus
Answer: B
Habeas Corpus, literally 'to have the body', commands that a detained person be produced before the court, and is regarded as the bulwark of individual liberty against unlawful detention.
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times of itself at the same rate?
a24 years
b32 years
c16 years
d12 years
Answer: A
If the principal doubles in 8 years, the interest equals the principal in 8 years, so the rate is 12.5% per annum. To become four times, the interest must be three times the principal, needing 3 x 8 = 24 years.
Select the meaning of the idiom 'to bell the cat':
aTo do something secretly
bTo raise a false alarm
cTo undertake a risky or dangerous task that others avoid
dTo flatter someone in authority
Answer: C
Derived from the fable in which mice plan to tie a bell on a cat, 'to bell the cat' means to take on a difficult or dangerous task that no one else is willing to do.
Part IX-A of the Constitution of India, dealing with Municipalities, was inserted by which Constitutional Amendment?
aSeventy-fourth Amendment
bSeventy-third Amendment
cForty-second Amendment
dForty-fourth Amendment
Answer: A
Part IX-A (Municipalities) was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992. Part IX dealing with Panchayats was inserted by the Seventy-third Amendment Act, 1992.
Article 21A of the Constitution of India, providing for free and compulsory education to all children, applies to children of which age group?
aSix to sixteen years
bThree to fourteen years
cSix to fourteen years
dFive to twelve years
Answer: C
Article 21A, inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years.
Article 371B of the Constitution, which empowers the President to provide for the constitution and functions of a committee of the Legislative Assembly consisting of members elected from the tribal areas, makes a special provision with respect to the State of:
aAssam
bManipur
cSikkim
dNagaland
Answer: A
Article 371B, inserted by the Constitution (Twenty-second Amendment) Act, 1969, contains a special provision for the State of Assam regarding a Legislative Assembly committee of members elected from its tribal areas. The provisions for Nagaland, Manipur and Sikkim are in Articles 371A, 371C and 371F respectively.
Article 244A of the Constitution, empowering Parliament to form an autonomous State comprising certain tribal areas in Assam with its own Legislature or Council of Ministers, was inserted by which Constitutional Amendment?
The Constitution (Twenty-second Amendment) Act, 1969 inserted Article 244A, enabling Parliament to create an autonomous State within Assam with a local Legislature and/or Council of Ministers. The same amendment also inserted Article 371B.
The Sixth Schedule of the Constitution, dealing with the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram through autonomous district councils, has been framed under which Articles?
aArticles 244(1) and 244A
bArticles 243 and 280
cArticles 244(2) and 275(1)
dArticles 371 and 372
Answer: C
The Sixth Schedule is expressly framed under Articles 244(2) and 275(1) and provides for autonomous districts and regions in Assam, Meghalaya, Tripura and Mizoram. Article 244(1) and the Fifth Schedule govern Scheduled Areas in other States.
With reference to the writ jurisdiction of a High Court under Article 226 of the Constitution as compared with that of the Supreme Court under Article 32, which statement is correct?
aArticle 226 is wider, as a writ may issue both for enforcement of fundamental rights and for any other purpose
bArticle 226 can be invoked only for the enforcement of fundamental rights, like Article 32
cArticle 226 confers a fundamental right that cannot be suspended, whereas Article 32 does not
dA High Court can issue writs anywhere in India, whereas the Supreme Court is confined to Delhi
Answer: A
Article 226 is wider in scope than Article 32: a High Court may issue writs not only for the enforcement of fundamental rights but also 'for any other purpose', i.e., for enforcement of ordinary legal rights. The right under Article 32 is itself a fundamental right, while Article 226 is a constitutional (not fundamental) power.
The doctrine of 'basic structure', limiting Parliament's power to amend the Constitution under Article 368, was propounded by the Supreme Court in:
aIndira Nehru Gandhi v. Raj Narain (1975)
bKesavananda Bharati v. State of Kerala (1973)
cGolak Nath v. State of Punjab (1967)
dMinerva Mills v. Union of India (1980)
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench by a 7-6 majority held that Parliament can amend any part of the Constitution under Article 368 but cannot alter or destroy its 'basic structure'. Later cases such as Minerva Mills and Indira Nehru Gandhi applied and developed this doctrine.
A law made by Parliament under Article 169 of the Constitution for the abolition or creation of a State Legislative Council, where it amends the provisions of the Constitution to give effect to such abolition or creation, shall-
aRequire the prior recommendation of the President under Article 3
bBe deemed to be an amendment of the Constitution for the purposes of Article 368
cNot be deemed to be an amendment of the Constitution for the purposes of Article 368
dRequire ratification by not less than one-half of the State Legislatures
Answer: C
Under Article 169(3), a law made under Article 169(1) for abolition or creation of a Legislative Council, although it may amend the Constitution, shall not be deemed an amendment for the purposes of Article 368. The resolution must first be passed by the State Assembly by a majority of its total membership and by two-thirds of members present and voting.
Under the Bharatiya Nyaya Sanhita, 2023, 'nothing is an offence which is done by a child under seven years of age.' This rule of doli incapax is contained in:
aSection 21
bSection 22
cSection 82
dSection 20
Answer: D
Section 20 BNS (corresponding to old Section 82 IPC) grants absolute immunity to a child under seven; Section 21 deals with a child above seven and under twelve of immature understanding.
The Bharatiya Nagarik Suraksha Sanhita, 2023, for the first time provides a statutory procedure and time-limit for filing a mercy petition by a convict under sentence of death. This provision is:
aSection 354
bSection 472
cSection 433-A
dSection 432
Answer: B
Section 472 BNSS allows a death convict (or his heir/relative) to file a mercy petition to the Governor under Article 161 or the President under Article 72 within thirty days of the prescribed event.
According to the analytical (positivist) school, 'law is the command of the sovereign backed by a sanction.' This definition is attributed to:
aRoscoe Pound
bJohn Salmond
cHans Kelsen
dJohn Austin
Answer: D
John Austin's command theory defines law as the command of a determinate political superior (sovereign) enforced by sanction; Salmond defined law as the rules recognised and acted upon by courts of justice.
The concept of 'Grundnorm' as the basic norm from which the validity of all other norms in a legal system is derived was propounded by:
aHans Kelsen
bJeremy Bentham
cFriedrich Karl von Savigny
dH.L.A. Hart
Answer: A
Hans Kelsen's Pure Theory of Law treats the legal order as a hierarchy of norms, each deriving validity from a superior norm, the apex being the Grundnorm.
The Gauhati High Court, which presently exercises jurisdiction over Assam, Nagaland, Mizoram and Arunachal Pradesh, was established with effect from:
a1 March 1971
b15 August 1947
c5 April 1948
d26 January 1950
Answer: C
The High Court (originally the High Court of Assam) was constituted with effect from 5 April 1948; it was renamed the Gauhati High Court by the North-Eastern Areas (Reorganisation) Act, 1971.
Roscoe Pound, the chief exponent of the Sociological School, conceived law as a means of 'social engineering' aimed at balancing competing interests. In his scheme, he classified these interests into how many broad categories?
aFour categories — natural, civil, political and economic interests
bFive categories — corresponding to the five 'jural postulates'
cTwo categories — private interests and State interests
dThree categories — individual interests, public interests and social interests
Answer: D
Roscoe Pound classified the interests protected by law into three broad heads: individual interests, public interests and social interests, the balancing of which is the task of 'social engineering'.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under a certain age. That age, and the section providing this absolute immunity, are respectively:
aTwelve years; Section 22
bSeven years; Section 20
cTen years; Section 21
dSeven years; Section 21
Answer: B
Section 20 BNS grants absolute immunity to a child under seven years of age (corresponding to the old Section 82 IPC). A child above seven and under twelve of immature understanding is dealt with separately under Section 21 BNS.
The doctrine of 'transferred malice' (transfer of malice), under which a person who intends to kill one person but causes the death of another is liable as though he had killed the intended victim, is embodied in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 100
bSection 3(5)
cSection 102
dSection 101
Answer: C
Section 102 BNS (culpable homicide by causing death of person other than the person whose death was intended) codifies transferred malice, replacing Section 301 IPC. Section 3(5) deals with common intention, a distinct doctrine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has for the first time been codified as a distinct offence (separate from theft). It is dealt with under:
aSection 303
bSection 309
cSection 305
dSection 304
Answer: D
Section 304 BNS specifically defines and punishes 'snatching' as a separate offence for the first time, with imprisonment up to three years and fine. Theft generally is defined under Section 303 BNS.
Where the death of a woman is caused by burns or bodily injury, or occurs otherwise than under normal circumstances, within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment in connection with a demand for dowry, the offence of 'dowry death' is punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 86
bSection 304B
cSection 85
dSection 80
Answer: D
Section 80 BNS defines and punishes dowry death (replacing Section 304B IPC) with imprisonment of not less than seven years extendable to life. Cruelty by husband or relatives is dealt with separately under Section 85 BNS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding which of the following amounts, or of both, or of community service?
aFifty thousand rupees
bOne lakh rupees
cTwenty-five thousand rupees
dTen thousand rupees
Answer: A
Section 23(1) BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, a fine up to fifty thousand rupees, both, or community service. (A second class Magistrate is limited to one year or ten thousand rupees.)
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment for a term of less than three years and the person to be arrested is infirm or above sixty years of age, such arrest shall be made only with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bSub-Inspector of Police
cInspector of Police
dDeputy Superintendent of Police
Answer: D
The proviso to Section 35(7) BNSS requires prior permission of an officer not below the rank of Deputy Superintendent of Police to arrest a person who is infirm or above sixty years where the offence carries imprisonment of less than three years.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention during investigation beyond which an accused acquires the indefeasible right to default bail, in respect of an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is:
aOne hundred and twenty days
bSixty days
cNinety days
dSeventy-five days
Answer: C
Section 187(3) BNSS fixes the outer limit of detention pending investigation at ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years (sixty days for other offences), failing which the accused is entitled to default bail.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a time-bound procedure for mercy petitions in death sentence cases. Within what period from the date the Superintendent of the jail informs the convict of the dismissal of his appeal, review or special leave to appeal by the Supreme Court must the convict file the mercy petition?
aForty-five days
bThirty days
cSixty days
dNinety days
Answer: B
Section 472(1) BNSS requires a death-sentence convict to file the mercy petition before the President or the Governor within thirty days of being informed by the jail Superintendent of the dismissal of the appeal, review or SLP by the Supreme Court.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces Section 436A of the Code of Criminal Procedure, 1973, provides that an undertrial prisoner who is a first-time offender (with no previous conviction) shall be released on bond by the Court on having undergone detention up to what fraction of the maximum period of imprisonment specified for that offence?
aOne-third
bOne-half
cTwo-thirds
dOne-fourth
Answer: A
The first proviso to Section 479(1) BNSS entitles a first-time offender (no prior conviction) to release on bond after detention extending to one-third of the maximum imprisonment, whereas a general undertrial qualifies at one-half of that period.
In a suit of a nature cognizable by a Court of Small Causes where the value of the subject-matter does not exceed ten thousand rupees, a first appeal under Section 96 of the Code of Civil Procedure, 1908 lies-
aOn any ground, as in an ordinary first appeal
bOnly on a question of law
cOnly on a substantial question of law
dNo appeal lies in any circumstance
Answer: B
Under Section 96(4) CPC, no appeal shall lie, except on a question of law, from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies from a decree passed in first appeal by a subordinate court only where the case involves-
aA mixed question of law and fact
bA pure question of fact
cAn error apparent on the face of the record
dA substantial question of law
Answer: D
Section 100 CPC, as amended, permits a second appeal to the High Court only if the High Court is satisfied that the case involves a substantial question of law.
The doctrine of res sub judice, which bars the trial of a subsequently instituted suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is contained in-
aSection 10 of the Code of Civil Procedure, 1908
bSection 151 of the Code of Civil Procedure, 1908
cSection 11 of the Code of Civil Procedure, 1908
dSection 9 of the Code of Civil Procedure, 1908
Answer: A
Section 10 CPC embodies the rule of res sub judice and directs the court to stay the trial of a subsequent suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title; res judicata is dealt with separately under Section 11.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall (save as otherwise provided) be instituted against the Government until the expiration of-
aThree months from the service of notice
bOne month from the service of notice
cTwo months from the service of notice
dSix months from the service of notice
Answer: C
Section 80 CPC requires that a suit against the Government (or a public officer in respect of an official act) be preceded by a written notice, and the suit cannot be instituted until two months have expired after such notice is served.
Under Section 148 of the Code of Civil Procedure, 1908, where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Code, the Court may, in its discretion, enlarge such period (even after expiry of the period originally fixed) up to a total of-
aSixty days
bThirty days
cFifteen days
dNinety days
Answer: B
Section 148 CPC, as amended by Act 46 of 1999 (w.e.f. 1-7-2002), caps the Court's discretion to enlarge a fixed period at thirty days in total.
Under Section 171 of the Indian Contract Act, 1872, a general lien for a general balance of account, in the absence of a contract to the contrary, is available to-
aOnly an unpaid seller of goods
bAny bailee in possession of goods
cOnly a pawnee under a pledge
dBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
Answer: D
Section 171 confers a general lien (to retain goods as security for a general balance of account) only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers. Other persons have only a particular lien unless there is an express contract to the contrary.
With respect to compensation for loss caused by breach of contract under Section 73 of the Indian Contract Act, 1872, compensation is NOT to be given for-
aLoss which the parties knew, when they made the contract, to be likely to result from the breach
bLoss caused by the breach in the ordinary course of dealing
cLoss arising naturally in the usual course of things from the breach
dAny remote and indirect loss or damage sustained by reason of the breach
Answer: D
Section 73 entitles the injured party to compensation for loss arising naturally from the breach or within the parties' contemplation when contracting, but expressly bars compensation for any remote and indirect loss or damage.
Under Section 26 of the Indian Contract Act, 1872, every agreement in restraint of the marriage of any person is void, EXCEPT where the agreement restrains the marriage of-
aA widow
bA minor
cA person of unsound mind
dA person already betrothed
Answer: B
Section 26 declares void every agreement in restraint of the marriage of any person 'other than a minor'; thus an agreement restraining the marriage of a minor is the sole exception and is not hit by the section.
Where an agreement is discovered to be void, or a contract becomes void, the person who has received any advantage under it is bound to restore it or make compensation. This rule of restitution is contained in-
aSection 65 of the Indian Contract Act, 1872
bSection 73 of the Indian Contract Act, 1872
cSection 70 of the Indian Contract Act, 1872
dSection 64 of the Indian Contract Act, 1872
Answer: A
Section 65 obliges a person who has received an advantage under an agreement discovered to be void, or under a contract that becomes void, to restore it or compensate the other party; Section 64 deals only with consequences of rescission of a voidable contract.
Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, in the case of a Hindu minor boy, the natural guardian is the father, and 'after' him, the mother. In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court interpreted the word 'after' to mean
aStrictly only after the death of the father
bIn the absence of the father, whether by death or otherwise such as where he is incapable or indifferent to the minor's welfare
cOnly after a court order removing the father
dOnly after the father attains the age of sixty years
Answer: B
In Githa Hariharan v. RBI (1999) 2 SCC 228, the Court read down 'after' to avoid unconstitutionality, holding it includes the father's absence by death or where he is unable or unwilling to act, so the mother can act as natural guardian.
Under Section 13 of the Hindu Minority and Guardianship Act, 1956, in the appointment or declaration of any person as guardian of a Hindu minor, the paramount consideration shall be
aThe wishes of the deceased father
bThe financial status of the proposed guardian
cThe welfare of the minor
dThe religion of the proposed guardian
Answer: C
Section 13(1) makes the welfare of the minor the paramount consideration, and Section 13(2) bars guardianship where the court is of opinion it will not be for the minor's welfare.
Under Section 11 of the Hindu Minority and Guardianship Act, 1956, a de facto guardian of a Hindu minor
aHas the same powers as a natural guardian appointed by will
bIs entitled to dispose of the minor's property with the consent of the karta
cMay freely alienate the minor's immovable property for legal necessity
dShall not be entitled to dispose of or deal with the minor's property merely on the ground of being a de facto guardian
Answer: D
Section 11 provides that no person shall, after the commencement of the Act, be entitled to dispose of or deal with the property of a Hindu minor merely on the ground of being the de facto guardian.
Under Section 13(2)(iv) of the Hindu Marriage Act, 1955, a wife may seek divorce on the ground that her marriage was solemnised before she attained the age of fifteen years and she has repudiated the marriage. To validly exercise this option of repudiation, she must do so-
aAfter attaining the age of eighteen years but before attaining the age of twenty-one years
bAfter attaining the age of fifteen years but before attaining the age of eighteen years
cBefore attaining the age of fifteen years
dAt any time during the subsistence of the marriage
Answer: B
Section 13(2)(iv) of the Hindu Marriage Act, 1955 (the 'option of puberty') permits a wife whose marriage was solemnised before she was fifteen to repudiate it, but only if she does so after attaining fifteen years and before attaining eighteen years of age.
Acknowledgment of paternity (iqrar-e-nasab) under Muslim law can confer legitimacy on a child only where:
aThe acknowledger is over sixty years of age
bThe child is admittedly born of adultery
cA lawful marriage between the acknowledger and the child's mother was possible and the child is not proved illegitimate
dThe child has been formally adopted
Answer: C
Acknowledgment is effective only where the legitimacy of the child is neither proved nor disproved and a lawful marriage between the parties was possible; it cannot legitimise a child known to be the offspring of adultery or a void marriage.
Under Hanafi law, which of the following is recognised as a class of persons entitled to claim the right of pre-emption (shufaa)?
aA tenant of the property sold
bThe Wakf Board of the locality
cA creditor of the vendor
dA co-sharer (shafi-i-sharik) in the property sold
Answer: D
Hanafi law recognises three classes of pre-emptors: the co-sharer (shafi-i-sharik), the participator in immunities and appendages (shafi-i-khalit), and the adjoining neighbour (shafi-i-jar); the co-sharer's right is the most widely recognised.
Under Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 (the option of puberty, khyar-ul-bulugh), a Muslim woman who was given in marriage by her father or other guardian before she attained the age of fifteen years may obtain a decree of dissolution provided she:
aRepudiated the marriage before attaining the age of fifteen years
bRepudiated the marriage before attaining the age of eighteen years and the marriage was not consummated
cRepudiated the marriage at any time before attaining the age of twenty-one years
dObtained the consent of her guardian to the repudiation
Answer: B
Section 2(vii) requires that the wife, given in marriage before the age of fifteen, repudiate the marriage before attaining eighteen years; the proviso adds that this right does not arise if the marriage was consummated.
Section 14 of the Limitation Act, 1963 permits exclusion of the time spent prosecuting an earlier civil proceeding only where that proceeding was -
aFiled in any court, irrespective of diligence or jurisdiction
bProsecuted in good faith and with due diligence in a court unable to entertain it from defect of jurisdiction or other cause of a like nature
cDismissed on the merits after a full trial
dWithdrawn by the plaintiff without leave to file afresh
Answer: B
Section 14 requires that the earlier proceeding, relating to the same matter, was prosecuted with due diligence and in good faith in a court which, from defect of jurisdiction or other like cause, could not entertain it.
Where no period of limitation is provided elsewhere in the Schedule, an application is governed by the residuary Article 137 of the Limitation Act, 1963, which prescribes -
aThirty days from notice
bSix months from the cause of action
cOne year from the date of the order
dThree years from when the right to apply accrues
Answer: D
Article 137, the residuary article for applications, prescribes three years to be reckoned from the date when the right to apply accrues.
The general principle underlying the Limitation Act, 1963 is that the statute -
aExtinguishes both the right and the remedy in every case
bBars the remedy but does not, as a rule, extinguish the right (Section 27 being the exception)
cExtinguishes the right while keeping the remedy alive
dNeither bars the remedy nor affects the right
Answer: B
The settled rule is that limitation bars the remedy without extinguishing the right; the notable exception is Section 27, which extinguishes the right to property on expiry of the period to sue for possession.
"Court" for the purposes of Part I of the Arbitration and Conciliation Act, 1996, under Section 2(1)(e), means :
aAny Magistrate's court in the district
bOnly the High Court
cThe principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction
dOnly the Supreme Court of India
Answer: C
Section 2(1)(e) defines 'Court' as the principal Civil Court of original jurisdiction in a district, including the High Court exercising ordinary original civil jurisdiction, having jurisdiction to decide the subject-matter of the arbitration as if it were the subject-matter of a suit.
"A party who knows that any provision of Part I from which the parties may derogate has not been complied with and yet proceeds with the arbitration without stating his objection without undue delay shall be deemed to have waived his right to so object." This rule of waiver is contained in which section of the Arbitration and Conciliation Act, 1996 ?
aSection 9
bSection 4
cSection 6
dSection 5
Answer: B
Section 4 embodies the principle of waiver: a party who proceeds with the arbitration without promptly objecting to non-compliance with a derogable provision or agreed requirement is deemed to have waived the objection.
Under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (as substituted by the 2015 Amendment), where the arbitral award is silent as to interest, the sum directed to be paid shall, from the date of award to the date of payment, carry interest at:
aEighteen per cent per annum
bSix per cent per annum
cThe rate fixed by the court at the stage of execution
dTwo per cent higher than the current rate of interest prevalent on the date of the award
Answer: D
After the 2015 Amendment, Section 31(7)(b) replaced the earlier fixed 18% rate with interest at two per cent higher than the current rate of interest (as defined in Section 2(b) of the Interest Act, 1978) prevalent on the date of the award, running from the date of award till payment, unless the award directs otherwise.
A clock is set right at 8 a.m. The clock gains 10 minutes in 24 hours. What will be the true time when the clock indicates 1 p.m. on the following day?
a12 : 50 p.m.
b1 : 00 p.m.
c12 : 55 p.m.
d12 : 48 p.m.
Answer: D
The clock gains 10 min/day, so 1450 of its minutes equal 1440 true minutes. From 8 a.m. to next-day 1 p.m. it shows 29 hrs (1740 min); true minutes = 1740×1440/1450 = 1728 min = 28 hrs 48 min, giving a true time of 12:48 p.m.
Q74Aptitude / Reasoning
Find the next number in the series: 3, 6, 11, 18, 27, ___
a40
b38
c36
d37
Answer: B
The successive differences are consecutive odd numbers: 3, 5, 7, 9, and then 11. So the next term is 27 + 11 = 38.
Under Section 11 of the Designs Act, 2000, the copyright in a registered design subsists, in the first instance, for ten years from the date of registration and is extendable for a further period of :
aFive years
bTwo years
cTen years
dThree years
Answer: A
Under Section 11 of the Designs Act, 2000, copyright in a registered design subsists for ten years from registration, extendable by a second period of five years, making the maximum term fifteen years.
Under Section 24A of the Advocates Act, 1961, a person who has been convicted of an offence involving moral turpitude is disqualified from being admitted as an advocate on a State roll. After what period from his release does this disqualification cease to have effect?
aOne year
bThree years
cTwo years
dFive years
Answer: C
The proviso to Section 24A(1) of the Advocates Act, 1961 provides that the disqualification for enrolment ceases to have effect after a period of two years has elapsed since the person's release, dismissal or removal. Section 24A(2) further exempts persons dealt with under the Probation of Offenders Act, 1958.
Where an employer is in default in paying compensation due under the Employees' Compensation Act, 1923 within one month from the date it fell due, Section 4A(3) empowers the Commissioner to direct payment, in addition to the arrears, of simple interest at the rate of:
aSix per cent per annum
bTwelve per cent per annum
cNine per cent per annum
dEighteen per cent per annum
Answer: B
Section 4A(3)(a) of the Employees' Compensation Act, 1923 mandates simple interest at twelve per cent per annum on arrears in default; under clause (b), where the delay is unjustified, a further penalty not exceeding fifty per cent of the arrears may also be imposed after giving the employer an opportunity to show cause.
Under the Bharatiya Sakshya Adhiniyam, 2023, an electronic or digital record shall not be denied admissibility in evidence merely on the ground that it is an electronic or digital record. This is provided in which section?
aSection 65B
bSection 65A
cSection 61
dSection 63
Answer: C
Section 61 of the BSA, 2023 expressly provides that admissibility of an electronic or digital record cannot be denied on that ground, giving it the same legal effect as other documents subject to Section 63.
Under the Bharatiya Sakshya Adhiniyam, 2023, the facts of which the Court shall take judicial notice (and which need not be proved) are enumerated in which section?
aSection 52
bSection 56
cSection 57
dSection 51
Answer: A
Section 52 of the BSA, 2023 lists the facts of which the Court shall take judicial notice, corresponding to Section 57 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the examination of a witness by the party who calls him is called his examination-in-chief and the examination by the adverse party is called cross-examination. These terms are defined in which section?
aSection 146
bSection 142
cSection 137
dSection 145
Answer: B
Section 142 of the BSA, 2023 defines examination-in-chief, cross-examination and re-examination, corresponding to Section 137 of the Indian Evidence Act, 1872.
Which of the following is NOT an essential condition for the application of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882?
aThe property in dispute must necessarily be agricultural land
bThe suit must not be collusive
cA right to immovable property must be directly and specifically in question
dA suit or proceeding must be pending in a competent court
Answer: A
Section 52 requires a pending non-collusive suit in a competent court in which a right to immovable property is directly and specifically in question; there is no requirement that the property be agricultural land.
A person who has taken possession of immovable property in part performance of a written contract of transfer, and has done some act in furtherance of the contract while being willing to perform his part, may resist dispossession by the transferor even where the instrument is unregistered. This equitable protection is conferred by:
aSection 54 of the Transfer of Property Act, 1882
bSection 55 of the Transfer of Property Act, 1882
cSection 53A of the Transfer of Property Act, 1882
dSection 53 of the Transfer of Property Act, 1882
Answer: C
Section 53A embodies the doctrine of part performance; a transferee in possession who has performed or is willing to perform his part of a written contract can defend his possession against the transferor notwithstanding non-registration, though it confers only a shield and not an independent title.
In Sarla Verma v. Delhi Transport Corporation (2009), the Supreme Court held that the selection of the appropriate multiplier for computing compensation in a motor accident claim should depend primarily on which factor?
aThe age of the deceased
bThe income bracket of the claimants
cThe number of dependants of the deceased
dThe nature of the offending vehicle
Answer: A
Sarla Verma (2009) standardised the multiplier table holding that the multiplier is to be chosen with reference to the age of the deceased, while the number of dependants governs only the deduction for personal and living expenses.
The provisions of the Indian Trusts Act, 1882 do NOT affect or apply to which of the following?
aAll of the above
bThe mutual relations of members of an undivided family as determined by customary or personal law
cPublic or private religious or charitable endowments
dThe rules of Muhammadan law as to waqf
Answer: A
The saving in Section 1 provides that nothing in the Act affects the rules of Muhammadan law as to waqf, or the mutual relations of members of an undivided family, or applies to public or private religious or charitable endowments.
The maxim "qui facit per alium facit per se" (he who acts through another does the act himself) is the basis of which principle in the law of torts?
aRemoteness of damage
bContributory negligence
cVicarious liability
dVolenti non fit injuria
Answer: C
The maxim "qui facit per alium facit per se" underlies vicarious liability, by which a master is held liable for the torts committed by his servant in the course of employment.
Section 17(1A) of the Registration Act, 1908, which makes compulsorily registrable a document containing a contract to transfer immovable property for consideration for the purposes of Section 53A of the Transfer of Property Act, 1882, applies to such documents executed on or after:
a1st January 1962
bthe commencement of the Registration and Other Related Laws (Amendment) Act, 2001
cthe commencement of the Registration Act, 1908
dthe commencement of the Transfer of Property (Amendment) Act, 1929
Answer: B
Section 17(1A), inserted by the 2001 Amendment Act, requires registration of such Section 53A contracts executed on or after the commencement of that Amendment Act; otherwise they have no effect for the purposes of Section 53A.
Under the scheme of the Court-fees Act, 1870, a document for which a fixed (and not ad valorem) court-fee is prescribed is one falling within:
aSchedule I to the Act
bSection 19 of the Act
cSchedule II to the Act
dSection 7(iv) of the Act
Answer: C
The Second Schedule to the Court-fees Act, 1870 prescribes fixed fees (e.g., for certain applications, probate petitions, copies, etc.), whereas the First Schedule contains ad valorem fees based on value.
Section 20A, inserted into the Specific Relief Act, 1963 by the 2018 amendment, provides that no injunction shall be granted by a court in a suit involving a contract relating to:
aAn infrastructure project specified in the Schedule, where it would impede or delay its progress or completion
bAn agricultural tenancy
cA consumer transaction
dA negotiable instrument
Answer: A
Section 20A bars a court from granting an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule, where granting the injunction would cause impediment or delay in the progress or completion of such project.
Under Section 3 of the Minimum Wages Act, 1948, the appropriate Government, having fixed minimum rates of wages for a scheduled employment, must review and revise them at intervals not exceeding:
aOne year
bThree years
cFive years
dTen years
Answer: C
Section 3(1)(b) requires the appropriate Government to review and, if necessary, revise the minimum rates of wages at intervals not exceeding five years.
Under the RFCTLARR Act, 2013, when an award under Section 11 of the Land Acquisition Act, 1894 had been made five years or more before the commencement of the 2013 Act, but the physical possession of the land has not been taken nor the compensation paid, the proceedings:
aShall be deemed to have lapsed and acquisition may be initiated afresh under the 2013 Act
bStand validated automatically without any fresh notification
cAre transferred to the Land Acquisition Authority for fresh award only
dShall continue under the old Act till conclusion
Answer: A
Section 24(2) deems such proceedings to have lapsed, leaving the appropriate Government free to initiate fresh acquisition proceedings under the RFCTLARR Act, 2013.
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