Bihar Judiciary Mock Test 3 — Questions & Solutions
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Bihar Diwas is observed every year on March 22 to mark the formation of the province of Bihar. In which year was Bihar carved out as a separate province after its separation from the Bengal Presidency?
a1905
b1936
c1912
d1947
Answer: C
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency to form the Province of Bihar and Orissa; the day is celebrated as Bihar Diwas.
In 2022, 'Mithila Makhana' (fox nut) cultivated in the Mithila region of Bihar was awarded which intellectual-property recognition?
aPatent
bGeographical Indication (GI) tag
cTrademark
dCopyright
Answer: B
Mithila Makhana received a Geographical Indication (GI) tag in 2022, restricting the name to fox nuts genuinely produced in the notified Mithila region of Bihar.
On 20 November 2025, Nitish Kumar was sworn in as the Chief Minister of Bihar following the 2025 Assembly elections. This oath marked his term as Chief Minister for the —
a8th time
b9th time
c11th time
d10th time
Answer: D
After the NDA's victory in the 2025 Bihar Assembly elections, Nitish Kumar took oath as Chief Minister for a record 10th time on 20 November 2025.
The historic Champaran Satyagraha of 1917, led by Mahatma Gandhi, was directed against the oppressive system imposed on indigo cultivators known as the —
aTinkathia system
bPermanent Settlement
cRyotwari system
dMahalwari system
Answer: A
Under the Tinkathia system in Champaran (Bihar), peasants were forced to grow indigo on three out of every twenty parts of their land; Gandhi's 1917 Satyagraha secured its abolition.
The 'Right to Constitutional Remedies', which allows a citizen to move the Supreme Court for enforcement of Fundamental Rights and was described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution, is contained in —
aArticle 19
bArticle 32
cArticle 21
dArticle 44
Answer: B
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; Ambedkar called it the heart and soul of the Constitution.
The Province of Bihar and Orissa was carved out of the Bengal Presidency in the year
a1905
b1912
c1936
d1947
Answer: B
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency to form a new province with Patna as its capital; the day is observed as Bihar Diwas.
The State of Jharkhand was carved out of Bihar and came into existence on
a1 November 2000
b9 November 2000
c1 January 2001
d15 November 2000
Answer: D
Jharkhand was created as India's 28th State on 15 November 2000 under the Bihar Reorganisation Act, 2000, a date coinciding with the birth anniversary of Birsa Munda.
The High Court of Judicature at Patna was constituted by Letters Patent of 1916 and began functioning from 1 March 1916, with Sir Edward Chamier as its first Chief Justice.
The Archaeological Site of Nalanda Mahavihara in Bihar was inscribed as a UNESCO World Heritage Site in
a2002
b2016
c2010
d2021
Answer: B
The ruins of Nalanda Mahavihara were inscribed on the UNESCO World Heritage List on 15 July 2016, becoming Bihar's second such site after the Mahabodhi Temple at Bodh Gaya.
The 73rd Constitutional Amendment Act, 1992 relates to
aUrban local bodies
bGoods and Services Tax
cAnti-defection law
dPanchayati Raj institutions
Answer: D
The 73rd Amendment inserted Part IX and the Eleventh Schedule, giving constitutional status to Panchayati Raj institutions; the 74th Amendment dealt with municipalities.
The 'Doctrine of Lapse', used to annex Indian princely states, is associated with
aLord Wellesley
bLord Dalhousie
cLord Cornwallis
dLord Curzon
Answer: B
Lord Dalhousie (Governor-General 1848-1856) applied the Doctrine of Lapse to annex states such as Satara, Jhansi and Nagpur whose rulers died without a natural heir.
Under the Constitution of India, the power to constitute and reconstitute subordinate courts and to determine the strength of the district judiciary is exercised by the State in consultation with the
aHigh Court of the State
bGovernor of the State
cSupreme Court of India
dUnion Public Service Commission
Answer: A
Articles 233-235 vest control over the subordinate judiciary, including appointment and posting of district judges, in the State acting in consultation with the High Court.
The minimum number of Judges of the Supreme Court of India required to decide a case involving a substantial question of law as to the interpretation of the Constitution is
aThree
bFive
cSeven
dNine
Answer: B
Article 145(3) requires a minimum of five Judges to decide a case involving a substantial question of law as to interpretation of the Constitution.
Which Article of the Constitution of India empowers the President to declare a Proclamation of Emergency on grounds of failure of the constitutional machinery in a State (President's Rule)?
aArticle 352
bArticle 360
cArticle 356
dArticle 370
Answer: C
Article 356 provides for the imposition of President's Rule when the government of a State cannot be carried on in accordance with the Constitution.
The Champaran Satyagraha of 1917, regarded as Mahatma Gandhi's first civil disobedience movement in India, was launched against the exploitation of indigo cultivators under which oppressive system?
aRyotwari system
bTinkathia system
cMahalwari system
dPermanent Settlement
Answer: B
Under the Tinkathia system, peasants of Champaran in Bihar were forced to grow indigo on three-twentieths (3/20) of their land for European planters. Gandhi's intervention in 1917 led to the abolition of this exploitative arrangement.
In the 2025 Bihar Legislative Assembly election, Nitish Kumar was sworn in as the Chief Minister of Bihar for which term in number?
a8th time
b9th time
c10th time
d11th time
Answer: C
After the NDA's landslide win in the November 2025 Bihar Assembly election, JD(U) leader Nitish Kumar took oath as Chief Minister for the 10th time at Gandhi Maidan, Patna.
The 2026 Winter Olympic Games were jointly hosted by two cities of which country?
aFrance
bAustria
cSwitzerland
dItaly
Answer: D
The Milano Cortina 2026 Winter Olympics were held from 6 to 22 February 2026 in Milan and Cortina d'Ampezzo, Italy, the first Winter Games officially hosted by two cities.
Which Article of the Constitution of India empowers the President to promulgate Ordinances during the recess of Parliament?
aArticle 143
bArticle 213
cArticle 356
dArticle 123
Answer: D
Article 123 empowers the President to promulgate Ordinances when either House of Parliament is not in session. Article 213 is the corresponding power of a Governor for State legislatures.
The Mahabodhi Temple at Bodh Gaya in Bihar, a UNESCO World Heritage Site, marks the place where Gautama Buddha is believed to have attained which of the following?
aHis birth
bHis first sermon
cEnlightenment (Nirvana)
dMahaparinirvana (death)
Answer: C
Bodh Gaya is the site where Gautama Buddha attained enlightenment under the Bodhi tree. The Mahabodhi Temple Complex was inscribed as a UNESCO World Heritage Site in 2002.
The Sone, Gandak and Kosi are major rivers of Bihar. Of these, which is famously known as the 'Sorrow of Bihar' due to its recurring devastating floods?
aSone
bGandak
cKosi
dBagmati
Answer: C
The Kosi river, owing to its frequent course changes and catastrophic flooding in north Bihar, is traditionally called the 'Sorrow of Bihar' (Bihar ka Shok).
Which Constitutional Amendment Act lowered the voting age in India from 21 years to 18 years?
a42nd Amendment
b44th Amendment
c61st Amendment
d73rd Amendment
Answer: C
The 61st Constitutional Amendment Act, 1988 amended Article 326 to reduce the voting age for Lok Sabha and State Assembly elections from 21 to 18 years.
The famous ancient pillar erected by Emperor Ashoka with a single lion capital, still standing in situ in Bihar, is located at which place?
aSarnath
bLauriya Nandangarh
cSanchi
dVaishali (Kolhua)
Answer: D
The Ashokan pillar at Kolhua in Vaishali district is crowned by a single seated lion and is the most well-known Ashokan pillar still standing in its original location in Bihar.
The 'Right to Constitutional Remedies' guaranteed under Article 32 of the Indian Constitution was described by Dr. B. R. Ambedkar as the 'heart and soul' of the Constitution. Article 32 empowers the Supreme Court to issue which of the following?
aFive writs including Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto
bOnly the writ of Habeas Corpus
cOnly Mandamus and Certiorari
dOrdinances and Proclamations
Answer: A
Article 32 empowers the Supreme Court to issue five writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto - for the enforcement of Fundamental Rights.
If the day before yesterday was Thursday, then what day will it be three days after tomorrow?
aSunday
bMonday
cWednesday
dTuesday
Answer: C
If the day before yesterday was Thursday, then yesterday was Friday and today is Saturday. Tomorrow is Sunday, and three days after Sunday is Wednesday.
Choose the option that correctly completes the sentence: 'Neither the judge nor the lawyers ____ present when the verdict was announced.'
awas
bhas been
cis
dwere
Answer: D
In a 'neither...nor' construction, the verb agrees with the nearer subject. Since 'lawyers' (plural) is closest to the verb, the correct form is 'were'.
On which date is 'Bihar Diwas' (Bihar Day) celebrated every year, marking the formation of Bihar as a separate province carved out of the Bengal Presidency in 1912?
a1 November
b22 March
c15 November
d26 January
Answer: B
On 22 March 1912 the British carved out Bihar and Orissa as a separate province from the Bengal Presidency; the day is observed annually as Bihar Diwas.
The ancient university of Nalanda, whose ruins lie in present-day Bihar, was founded during the reign of which Gupta ruler?
aChandragupta II
bKumaragupta I
cSamudragupta
dSkandagupta
Answer: B
Nalanda Mahavihara was established in the 5th century CE under the Gupta emperor Kumaragupta I, becoming one of the foremost centres of learning of the ancient world.
The Champaran Satyagraha of 1917, Mahatma Gandhi's first major movement in India, was directed against the oppressive cultivation system imposed on indigo farmers known as the:
aRyotwari system
bPermanent Settlement
cMahalwari system
dTinkathia system
Answer: D
Under the Tinkathia system, peasants in Champaran were forced to grow indigo on three out of every twenty parts (kathas) of their land; Gandhi's 1917 satyagraha secured its abolition.
The 'JP Movement' or Total Revolution (Sampoorna Kranti) of 1974, which began in Bihar, was led by:
aKarpoori Thakur
bRam Manohar Lohia
cJayaprakash Narayan
dAcharya Narendra Dev
Answer: C
Jayaprakash Narayan led the student-driven Bihar Movement of 1974, giving the call for 'Sampoorna Kranti' (Total Revolution) against corruption and misrule.
A sum of money becomes Rs. 4,500 in 2 years and Rs. 5,250 in 4 years at simple interest. What is the principal sum?
aRs. 3,500
bRs. 3,000
cRs. 4,000
dRs. 3,750
Answer: D
The interest for 2 years (4 yrs minus 2 yrs) is 5250 - 4500 = Rs. 750, so per year it is Rs. 375; subtracting 2 years' interest (Rs. 750) from Rs. 4,500 gives a principal of Rs. 3,750.
If in a certain code language 'PATNA' is written as 'QBUOB', how will 'GAYA' be written in the same code?
aHZBZ
bHBZB
cFZXZ
dHBYB
Answer: B
Each letter is shifted one place forward in the alphabet (P->Q, A->B, T->U, N->O, A->B); applying the same rule to GAYA gives G->H, A->B, Y->Z, A->B, i.e. HBZB.
Select the word that is most nearly OPPOSITE in meaning to the word 'ACQUIT'.
aAbsolve
bConvict
cDischarge
dPardon
Answer: B
To 'acquit' means to declare not guilty; its antonym is 'convict', meaning to declare guilty. Absolve, discharge and pardon are near synonyms of acquit.
The famous Buddhist site of Bodh Gaya in Bihar, where Gautama Buddha attained enlightenment, is associated with which tree?
aBanyan tree
bSala tree
cBodhi (Pipal) tree
dAshoka tree
Answer: C
Gautama Buddha is believed to have attained enlightenment under the Bodhi tree (a species of pipal/Ficus religiosa) at Bodh Gaya, now a UNESCO World Heritage Site.
In November 2025, Nitish Kumar was sworn in as the Chief Minister of Bihar. This swearing-in marked his term as Chief Minister for the
a10th time
b9th time
c8th time
d11th time
Answer: A
Following the NDA's landslide in the 2025 Bihar Assembly elections, Nitish Kumar took oath as Chief Minister on 20 November 2025 for a record 10th time.
Who assumed office as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B.R. Gavai?
aJustice Surya Kant
bJustice Sanjiv Khanna
cJustice D.Y. Chandrachud
dJustice Vikram Nath
Answer: A
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, a day after the retirement of CJI B.R. Gavai. His term runs until February 2027.
The 'Mithila Makhana', cultivated chiefly in the wetlands of north Bihar, was granted which form of intellectual-property protection by the Government of India in 2022?
aGeographical Indication (GI) tag
bTrademark
cPatent
dCopyright
Answer: A
Mithila Makhana (Euryale ferox), an aquatic fox-nut crop, received a Geographical Indication tag in 2022, recognising its unique origin in the Mithila region of Bihar.
The Nobel Peace Prize for 2024 was awarded to Nihon Hidankyo, an organisation of
arefugee-rights lawyers in Europe
bwar correspondents in West Asia
cclimate scientists in the Pacific
dJapanese atomic-bomb survivors campaigning against nuclear weapons
Answer: D
The 2024 Nobel Peace Prize went to Nihon Hidankyo, a grassroots movement of Hiroshima and Nagasaki atomic-bomb survivors, for its efforts to achieve a world free of nuclear weapons.
Mahatma Gandhi first applied his principle of Satyagraha in India in 1917 at
aChamparan in Bihar
bKheda in Gujarat
cAhmedabad
dBardoli
Answer: A
Gandhi launched his first Indian Satyagraha in 1917 at Champaran in Bihar, taking up the cause of indigo cultivators oppressed by the tinkathia system.
The Tropic of Cancer (23.5 degrees N) does NOT pass through which of the following Indian States?
aGujarat
bMadhya Pradesh
cBihar
dTripura
Answer: C
The Tropic of Cancer passes through eight Indian States including Gujarat, Madhya Pradesh and Tripura, but it does not pass through Bihar (it lies to the south of Bihar).
In a certain code, FLOWER is written as ULDDVI by replacing each letter with another. If the rule is that every letter is replaced by its opposite letter in the alphabet (A<->Z, B<->Y, and so on), then how is the word LAW written in that code?
aOZE
bZOD
cOZD
dMZD
Answer: C
Using the A<->Z reversal: L (12th) -> O (15th), A -> Z, W -> D. Hence LAW becomes OZD.
Choose the option that best fills the blank to make the sentence grammatically correct: 'Neither the judge nor the lawyers ____ satisfied with the witness's statement.'
awas
bhas been
cis
dwere
Answer: D
In 'neither...nor' constructions the verb agrees with the nearer subject; here 'lawyers' is plural, so the correct verb is 'were'.
Select the word that is most nearly OPPOSITE in meaning to the word 'ACQUIT' as used in legal contexts.
aDischarge
bAbsolve
cConvict
dExonerate
Answer: C
To 'acquit' means to free a person from a criminal charge; its antonym is 'convict' (to find guilty). Discharge, absolve and exonerate are synonyms of acquit.
The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was launched against the oppressive cultivation system imposed on indigo farmers known as the
aTinkathia system
bPermanent Settlement
cRyotwari system
dMahalwari system
Answer: A
Under the Tinkathia system in Champaran, peasants were forced to grow indigo on three-twentieths (3/20) of their land for European planters. Gandhi's 1917 intervention led to the Champaran Agrarian Act, 1918, abolishing the system.
In the 2025 Bihar Legislative Assembly election, which leader took oath as Chief Minister of Bihar for a record tenth time?
aNitish Kumar
bTejashwi Yadav
cSamrat Choudhary
dLalu Prasad Yadav
Answer: A
Following the NDA's landslide in the 2025 Bihar Assembly polls (the alliance won 202 of 243 seats), JD(U) leader Nitish Kumar was elected NDA legislature party leader and was sworn in as Chief Minister for the tenth time.
Mithila Makhana (fox nut), a crop predominantly cultivated in the Mithila region of Bihar, was awarded which form of intellectual property recognition in 2022?
aGeographical Indication (GI) tag
bPatent
cTrademark registration
dCopyright
Answer: A
Mithila Makhana received the Geographical Indication (GI) tag in 2022, recognising its unique origin in the Mithila region of Bihar and promoting the livelihoods of local makhana farmers.
Who was appointed and sworn in as the 42nd Governor of Bihar in January 2025, having earlier served as Governor of Kerala?
aRajendra Vishwanath Arlekar
bPhagu Chauhan
cArif Mohammad Khan
dRam Nath Kovind
Answer: C
Arif Mohammad Khan took oath as Bihar's 42nd Governor on 2 January 2025, after being transferred from the Governorship of Kerala, where Rajendra Vishwanath Arlekar succeeded him.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado for her efforts to promote democratic rights in which country?
aCuba
bNicaragua
cVenezuela
dColombia
Answer: C
Maria Corina Machado of Venezuela received the 2025 Nobel Peace Prize for her work promoting democratic rights and a peaceful transition from authoritarian rule in Venezuela.
For administrative purposes, the State of Bihar is divided into how many divisions (prabhag)?
a5
b38
c12
d9
Answer: D
Bihar is administratively organised into 9 divisions — Patna, Tirhut, Saran, Darbhanga, Kosi, Purnia, Bhagalpur, Munger and Magadh — which together comprise the state's 38 districts.
The first president of the Indian National Congress, whose 1885 session was held in Bombay, was
aW.C. Bonnerjee
bDadabhai Naoroji
cA.O. Hume
dSurendranath Banerjee
Answer: A
Womesh Chandra (W.C.) Bonnerjee presided over the first session of the Indian National Congress at Bombay in December 1885. A.O. Hume was its organising secretary, not its first president.
Dr. Rajendra Prasad, the first President of India and a leading figure of the freedom movement, was born in which present-day district of Bihar?
aSaran (Siwan)
bPatna
cGaya
dBhagalpur
Answer: A
Dr. Rajendra Prasad was born in 1884 at Ziradei in the Siwan district (then part of Saran), Bihar. He served as independent India's first President from 1950 to 1962.
Under the Constitution of India, the power of the President to grant pardons, reprieves and remissions of punishment is provided in
aArticle 76
bArticle 72
cArticle 161
dArticle 143
Answer: B
Article 72 confers on the President the power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute sentences. Article 161 confers an analogous (but narrower) power on State Governors.
Vikramshila, an important Buddhist monastic university established by the Pala king Dharmapala, is located on the bank of the Ganga in which district of Bihar?
aNalanda
bPurnia
cVaishali
dBhagalpur
Answer: D
The ruins of Vikramshila Mahavihara lie at Antichak in Bhagalpur district, Bihar. It was founded by Pala emperor Dharmapala and rivalled Nalanda as a centre of Buddhist learning.
A train travels 360 km at a uniform speed. If its speed had been 10 km/h more, it would have taken 3 hours less to cover the same distance. What is the original speed of the train?
a20 km/h
b45 km/h
c40 km/h
d30 km/h
Answer: D
Let speed be x. Then 360/x − 360/(x+10) = 3, giving x² + 10x − 1200 = 0, so x = 30 km/h. At 30 km/h it takes 12 hours and at 40 km/h it takes 9 hours, a difference of 3 hours.
In a certain code language, 'TIGER' is written as 'UJHFS'. How will 'LION' be written in the same code?
aMJPO
bKHNM
cMKPO
dMJOP
Answer: A
Each letter is shifted one step forward in the alphabet (T→U, I→J, G→H, E→F, R→S). Applying the same rule to LION gives L→M, I→J, O→P, N→O, i.e. 'MJPO'.
Which one of the following rivers does NOT flow through or border the State of Bihar?
aKosi
bGandak
cGodavari
dSone
Answer: C
The Kosi, Gandak and Sone are major tributaries of the Ganga that flow through Bihar. The Godavari is a peninsular river of central and southern India and does not flow through Bihar.
The subjects on which both Parliament and the State Legislatures can make laws are enumerated in the
aUnion List of the Seventh Schedule
bConcurrent List of the Seventh Schedule
cState List of the Seventh Schedule
dEighth Schedule
Answer: B
Under Article 246 read with the Seventh Schedule, the Concurrent List (List III) enumerates subjects on which both Parliament and State Legislatures are competent to legislate.
The maximum period for which a Proclamation of Emergency under Article 356 (President's Rule in a State) can ordinarily remain in force, in the absence of the special circumstances permitting extension, is
aone year, not extendable
bsix months at a time, extendable up to a maximum of three years
ctwo years, not extendable
dindefinite period
Answer: B
A Proclamation under Article 356, once approved, remains in force for six months and may be extended six months at a time up to a maximum of three years, subject to the conditions in the proviso to Article 356(4).
The power of the President to grant pardons, reprieves, respites or remissions of punishment, including in cases of sentence of death, is conferred by
aArticle 123
bArticle 161
cArticle 72
dArticle 75
Answer: C
Article 72 confers on the President the power to grant pardons, reprieves, respites or remissions of punishment, and this power extends to cases where the sentence is a sentence of death.
An amendment of the Constitution seeking to change the provisions relating to the election of the President or the powers of the Supreme Court requires, in addition to a special majority of Parliament,
aa simple majority of the State Legislatures
bratification by the Legislatures of not less than one-half of the States
cratification by all the State Legislatures
dthe prior assent of the President only
Answer: B
Under the proviso to Article 368(2), amendments affecting entrenched provisions (such as election of the President, distribution of legislative powers, or the Supreme Court and High Courts) additionally require ratification by the Legislatures of not less than one-half of the States.
The right to move the Supreme Court by appropriate proceedings for the enforcement of fundamental rights is itself a fundamental right guaranteed under
aArticle 226
bArticle 21
cArticle 19
dArticle 32
Answer: D
Article 32 guarantees the right to constitutional remedies; Dr. Ambedkar described it as the 'heart and soul' of the Constitution, and it is itself a fundamental right.
Dr. B.R. Ambedkar described which Article of the Constitution of India as its 'heart and soul', being the one Article without which the Constitution would be a nullity?
aArticle 32
bArticle 19
cArticle 14
dArticle 21
Answer: A
Article 32 guarantees the right to constitutional remedies, allowing a person to move the Supreme Court directly for enforcement of Fundamental Rights; Ambedkar called it the very heart and soul of the Constitution.
The doctrine of 'basic structure' of the Constitution, which limits Parliament's power of amendment, was propounded by the Supreme Court in which case?
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
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by a 7:6 majority that Parliament may amend any part of the Constitution under Article 368 but cannot alter or destroy its basic structure.
The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble of the Constitution of India by which Amendment Act?
aThe 42nd Amendment Act, 1976
bThe 24th Amendment Act, 1971
cThe 44th Amendment Act, 1978
dThe 52nd Amendment Act, 1985
Answer: A
The 42nd Amendment Act, 1976, altered the description of India to a 'Sovereign Socialist Secular Democratic Republic' and substituted 'unity and integrity of the nation' in the Preamble.
The Fundamental Duties of citizens contained in Article 51A were inserted into the Constitution by which Amendment Act?
aThe 1st Amendment Act, 1951
bThe 44th Amendment Act, 1978
cThe 86th Amendment Act, 2002
dThe 42nd Amendment Act, 1976
Answer: D
Part IVA, containing Article 51A with the Fundamental Duties, was added to the Constitution by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee.
Constitutional status was conferred upon Panchayati Raj Institutions, by inserting Part IX and Article 243, through which Amendment Act?
aThe 74th Amendment Act, 1992
bThe 73rd Amendment Act, 1992
cThe 65th Amendment Act, 1990
dThe 61st Amendment Act, 1989
Answer: B
The 73rd Amendment Act, 1992, added Part IX ('The Panchayats', Articles 243 to 243-O) and the Eleventh Schedule, giving constitutional status to Panchayati Raj Institutions in rural areas.
In which case did the Supreme Court hold that the 'procedure established by law' under Article 21 must be just, fair and reasonable, thereby reading principles of natural justice into it?
aA.K. Gopalan v. State of Madras
bManeka Gandhi v. Union of India
cADM Jabalpur v. Shivkant Shukla
dState of Madras v. Champakam Dorairajan
Answer: B
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that any procedure depriving a person of life or personal liberty under Article 21 must be just, fair and reasonable, infusing due-process content into the Article.
Under the Constitution of India, the power of a High Court to issue writs for the enforcement of Fundamental Rights and 'for any other purpose' is contained in which Article?
aArticle 32
bArticle 139
cArticle 227
dArticle 226
Answer: D
Article 226 empowers every High Court to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose, a jurisdiction wider than that of the Supreme Court under Article 32.
Which Directive Principle of State Policy under Part IV of the Constitution directs the State to secure for the citizens a uniform civil code throughout the territory of India?
aArticle 40
bArticle 48
cArticle 39A
dArticle 44
Answer: D
Article 44 of the Constitution directs the State to endeavour to secure for citizens a uniform civil code throughout the territory of India.
Which Directive Principle directs the State to organise village panchayats and endow them with such powers as may be necessary to enable them to function as units of self-government?
aArticle 39
bArticle 43
cArticle 40
dArticle 47
Answer: C
Article 40, reflecting the Gandhian principle of village self-rule, directs the State to organise village panchayats and grant them powers to function as units of self-government.
The President of India is elected by an electoral college in accordance with which Article of the Constitution?
aArticle 52
bArticle 55
cArticle 54
dArticle 58
Answer: C
Article 54 provides that the President shall be elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States.
The division of legislative powers between the Union and the States into three Lists is contained in which Schedule of the Constitution of India?
aSixth Schedule
bEighth Schedule
cSeventh Schedule
dNinth Schedule
Answer: C
The Seventh Schedule, read with Article 246, distributes legislative powers through the Union List (List I), the State List (List II) and the Concurrent List (List III).
Proclamation of emergency on the ground of failure of constitutional machinery in a State (commonly called President's Rule) is made under which Article of the Constitution?
aArticle 352
bArticle 356
cArticle 360
dArticle 365
Answer: B
Article 356 enables the President to assume to himself the functions of a State government where the constitutional machinery in the State has failed; Article 352 deals with national emergency and Article 360 with financial emergency.
A proclamation of national emergency under the Constitution may be issued by the President when the security of India is threatened by which of the following?
aBreakdown of constitutional machinery in a State
bFailure of the financial stability of India
cWar, external aggression or armed rebellion
dRefusal of a State to comply with directions of the Union
Answer: C
Article 352 permits the President to declare a national emergency when the security of India or any part of it is threatened by war, external aggression or armed rebellion (the term 'armed rebellion' was substituted for 'internal disturbance' by the 44th Amendment).
The High Court of Judicature at Patna, which exercises jurisdiction over the State of Bihar, was established in which year?
a1916
b1862
c1937
d1950
Answer: A
The Patna High Court was brought into existence by Letters Patent in February 1916 and commenced functioning on 1 March 1916; it is today the High Court for the State of Bihar within the scheme of Articles 214 and 226.
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
ain consultation with the High Court exercising jurisdiction in relation to that State
bin consultation with the Chief Justice of India
con the recommendation of the State Public Service Commission
dat his own discretion without any consultation
Answer: A
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding any post inferior to that of a district judge, is vested in
athe High Court
bthe Governor of the State
cthe State Government
dthe State Public Service Commission
Answer: A
Article 235 vests control over district courts and subordinate courts, including posting, promotion and grant of leave to members of the State judicial service below the rank of district judge, in the High Court.
The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 because Article 226 empowers the High Court to issue writs
aonly for the enforcement of fundamental rights
bonly where no alternative remedy exists
conly against the State Government
dfor the enforcement of fundamental rights and also for any other purpose
Answer: D
The expression 'and for any other purpose' in Article 226, absent in Article 32, allows High Courts to issue writs for enforcement of fundamental rights as well as other legal rights, making their jurisdiction wider.
In In re Berubari Union (1960), the Supreme Court held that the cession of Indian territory to a foreign State can be effected only by
aan ordinary law made by Parliament under Article 3
ban executive order of the President
can amendment of the Constitution under Article 368
da resolution of the Council of States
Answer: C
The Supreme Court held that Article 3 does not cover cession of national territory to a foreign State; such cession requires a constitutional amendment under Article 368.
The words 'Socialist', 'Secular' and 'Integrity' were inserted in the Preamble to the Constitution of India by
athe 24th Constitutional Amendment Act, 1971
bthe 52nd Constitutional Amendment Act, 1985
cthe 44th Constitutional Amendment Act, 1978
dthe 42nd Constitutional Amendment Act, 1976
Answer: D
The 42nd Amendment Act, 1976 substituted 'Sovereign Democratic Republic' with 'Sovereign Socialist Secular Democratic Republic' and changed 'unity of the Nation' to 'unity and integrity of the Nation'.
Parliament may create a new All-India Service common to the Union and the States only if the Council of States (Rajya Sabha) has declared, by a resolution supported by not less than two-thirds of the members present and voting, that it is necessary in the national interest to do so. This power is conferred by
aArticle 309
bArticle 312
cArticle 310
dArticle 315
Answer: B
Article 312 empowers Parliament to create new All-India Services only after the Rajya Sabha passes such a resolution by a two-thirds majority of members present and voting in the national interest.
When the President of India is to be impeached for violation of the Constitution, the charge must be supported by a resolution passed by a majority of not less than
atwo-thirds of the total membership of the House
btwo-thirds of the members present and voting of the House
ca simple majority of the total membership of the House
dthree-fourths of the members present and voting of the House
Answer: A
Under Article 61, a resolution to prefer or sustain the charge of impeachment must be passed by a majority of not less than two-thirds of the total membership of the House.
A new Part IX, 'The Panchayats', containing Articles 243 to 243-O, and the Eleventh Schedule listing functional items for Panchayats, were added to the Constitution by
athe 73rd Constitutional Amendment Act, 1992
bthe 74th Constitutional Amendment Act, 1992
cthe 65th Constitutional Amendment Act, 1990
dthe 69th Constitutional Amendment Act, 1991
Answer: A
The 73rd Amendment Act, 1992 inserted Part IX (Articles 243 to 243-O) on Panchayats and added the Eleventh Schedule containing 29 functional items.
A person not already in the service of the Union or of a State is eligible for appointment as a district judge under Article 233(2) only if he has been an advocate or pleader for a period of not less than
afive years
bten years
cseven years
dthree years
Answer: C
Article 233(2) requires that such a person must have been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
The Right to Property, which was originally a fundamental right under Article 31, was removed from Part III and made a constitutional/legal right under Article 300-A by
athe 42nd Constitutional Amendment Act, 1976
bthe 25th Constitutional Amendment Act, 1971
cthe 44th Constitutional Amendment Act, 1978
dthe 1st Constitutional Amendment Act, 1951
Answer: C
The 44th Amendment Act, 1978 deleted the right to property as a fundamental right (Article 31) and inserted Article 300-A, making it merely a constitutional/legal right.
The provisions relating to disqualification of a member of a House of Parliament or a State Legislature on the ground of defection are contained in
athe Tenth Schedule
bthe Ninth Schedule
cthe Eleventh Schedule
dthe Twelfth Schedule
Answer: A
The Tenth Schedule, inserted by the 52nd Amendment Act, 1985, contains the anti-defection provisions dealing with disqualification on the ground of defection.
Under Article 124(2) of the Constitution, a Judge of the Supreme Court holds office until he attains the age of
asixty years
bsixty-five years
csixty-two years
dseventy years
Answer: B
Article 124(2) provides that a Judge of the Supreme Court holds office until he attains the age of sixty-five years; a High Court Judge under Article 217 retires at sixty-two.
A Proclamation of Emergency on the ground of failure of constitutional machinery in a State (President's Rule) is issued under
aArticle 352
bArticle 365
cArticle 360
dArticle 356
Answer: D
Article 356 empowers the President to assume the functions of the State Government where the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Which one of the following writs is issued by a court to a public official or body to compel the performance of a public or statutory duty which it has refused to perform?
aMandamus
bQuo Warranto
cHabeas Corpus
dCertiorari
Answer: A
Mandamus ('we command') is issued to a public authority directing it to perform a public or statutory duty which it has failed or refused to perform; it does not lie against a private individual.
Under the Indian Contract Act, 1872, when a person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other thereto, he is said to make a
apromise
bagreement
cproposal
dcontract
Answer: C
Section 2(a) defines a 'proposal' as the signification of one's willingness to do or abstain from doing anything with a view to obtaining the assent of the other.
A finds B's lost servant and restores him, in ignorance of B's handbill offering a reward for such restoration. A's claim for the reward must fail. The principle that there can be no acceptance of an offer without knowledge of it was laid down in
aBalfour v. Balfour
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dLalman Shukla v. Gauri Dutt
Answer: D
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that knowledge of the offer is essential; a person who acts in ignorance of an offer of reward cannot claim it.
An agreement made by a minor under the Indian Contract Act, 1872 is
avoidable at the option of the minor
bvoid ab initio
cvalid but unenforceable
dvoidable at the option of the other party
Answer: B
As held by the Privy Council in Mohori Bibee v. Dharmodas Ghose (1903), read with Section 11, a minor is not competent to contract and an agreement with a minor is void ab initio.
The communication of an acceptance, as against the proposer, is complete under the Indian Contract Act, 1872
awhen it is put in a course of transmission to him so as to be out of the power of the acceptor
bwhen it comes to the knowledge of the proposer
cwhen the acceptance is signed by the acceptor
dwhen the proposer dispatches the proposal
Answer: A
Under Section 4, communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him so as to be out of the power of the acceptor.
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration is valid if it is
amade orally on account of natural love and affection between strangers
bexpressed in writing and registered, made on account of natural love and affection between parties standing in a near relation to each other
ca promise to do an unlawful act for a near relative
da promise to pay a sum already barred by limitation, even if not in writing
Answer: B
The first exception in Section 25 saves an agreement without consideration where it is in writing, registered, and made on account of natural love and affection between parties in near relation.
Under Section 15 of the Indian Contract Act, 1872, 'coercion' includes the committing, or threatening to commit, any act forbidden by
athe law of torts
bthe Specific Relief Act
cthe Indian Penal Code
dany local custom
Answer: C
Section 15 defines coercion as committing or threatening to commit any act forbidden by the Indian Penal Code, or the unlawful detaining of property, to compel a person to enter into an agreement.
Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void. This rule, subject to the exception relating to sale of goodwill, is contained in
aSection 26
bSection 30
cSection 28
dSection 27
Answer: D
Section 27 declares agreements in restraint of trade void to that extent, the only statutory exception being the sale of goodwill.
Where necessaries suited to his condition in life are supplied to a minor, the person who furnished such supplies is entitled to be reimbursed
apersonally from the minor
bfrom the minor's guardian only
cfrom the property of the minor
dto no extent, as the contract is void
Answer: C
Under Section 68, a supplier of necessaries to a person incapable of contracting, such as a minor, is entitled to reimbursement from the property of such incapable person, not by personal action.
A contract to do or not to do something if some event, collateral to such contract, does or does not happen is known as a
awagering agreement
bquasi-contract
cvoid agreement
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.
When a contract contains a stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual loss is proved, to receive reasonable compensation not exceeding the amount so named. This is provided in
aSection 74
bSection 73
cSection 75
dSection 70
Answer: A
Section 74 deals with stipulated/liquidated damages and penalty, allowing reasonable compensation not exceeding the named amount, whether or not actual damage is proved.
A contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which the promisor could not prevent becomes impossible or unlawful, becomes
avoidable at the option of the promisee
bvalid and enforceable against the promisor
cvoid when the act becomes impossible or unlawful
dvoid ab initio
Answer: C
Under the second paragraph of Section 56 (doctrine of frustration, applied in Satyabrata Ghose v. Mugneeram Bangur & Co.), a contract becomes void when the act to be performed becomes impossible or unlawful by reason of a supervening event.
Under the Indian Contract Act, 1872, when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be accepted and the proposal so accepted becomes a
acontract
bagreement
cpromise
dconsideration
Answer: C
Section 2(b) provides that a proposal, when accepted, becomes a promise; an agreement [Section 2(e)] is every promise and set of promises forming consideration for each other.
A minor's agreement under the Indian Contract Act, 1872 is void ab initio. This principle was authoritatively laid down by the Privy Council in
aLalman Shukla v. Gauri Dutt
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that an agreement by a minor is void ab initio, a minor being incompetent to contract under Section 11.
A servant who traced and brought back his master's missing nephew, without knowledge of the reward announced in the meantime, was held not entitled to claim the reward. This was decided in
aCarlill v. Carbolic Smoke Ball Co.
bLalman Shukla v. Gauri Dutt
cHarvey v. Facey
dFelthouse v. Bindley
Answer: B
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that an act done in ignorance of a proposal is no acceptance, since the offer was never communicated to the offeree.
An agreement made without consideration is valid if it is in writing, registered, and made on account of natural love and affection between parties standing in near relation. This exception is contained in
aSection 10
bSection 25
cSection 23
dSection 27
Answer: B
Section 25(1) of the Indian Contract Act, 1872 saves an agreement made without consideration where it is in writing, registered, and made out of natural love and affection between near relations.
Committing, or threatening to commit, any act forbidden by the Indian Penal Code, or unlawfully detaining or threatening to detain any property, with the intention of causing a person to enter into an agreement, amounts to
acoercion
bundue influence
cfraud
dmisrepresentation
Answer: A
Section 15 defines coercion as committing or threatening any act forbidden by the IPC, or unlawful detention of property, to compel a person to enter into an agreement. Undue influence is defined separately in Section 16.
An agreement by which any person is restrained from exercising a lawful profession, trade or business is, under the Indian Contract Act, 1872
avoidable at the option of the restrained party
bvoid to that extent, save the exception relating to sale of goodwill
cvalid and fully enforceable
dvoid only if the restraint is unreasonable
Answer: B
Section 27 declares every agreement in restraint of trade void to that extent; the sole statutory exception saves a reasonable restraint accompanying the sale of the goodwill of a business.
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is known under the Indian Contract Act, 1872 as a
aquasi-contract
bcontingent contract
cwagering agreement
dvoid agreement
Answer: B
Section 31 defines a contingent contract as one to do or not to do something if some event, collateral to such contract, does or does not happen.
When a contract becomes impossible to perform, or unlawful, by reason of some event which the promisor could not prevent, after the contract is made, the contract becomes
avoidable at the option of the promisee
bvoid ab initio
cvalid but specifically unenforceable
dvoid when the act becomes impossible or unlawful
Answer: D
Under Section 56, supervening impossibility or illegality renders the contract void when the act becomes impossible or unlawful; this codifies the doctrine of frustration, as explained in Satyabrata Ghose v. Mugneeram Bangur.
In a contract of guarantee under the Indian Contract Act, 1872, the person who gives the guarantee is called the
asurety
bcreditor
cprincipal debtor
dindemnifier
Answer: A
Under Section 126, the person giving the guarantee is the surety, the person in respect of whose default it is given is the principal debtor, and the person to whom it is given is the creditor.
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 a contract of
aguarantee
bindemnity
cbailment
dagency
Answer: B
Section 124 defines a contract of indemnity as one in which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
The communication of an acceptance is complete, as against the proposer,
awhen it comes to the knowledge of the proposer
bwhen the acceptor revokes his acceptance
cas soon as the acceptor decides to accept
dwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
Answer: D
Under Section 4, communication of acceptance is complete as against the proposer when it is put in a course of transmission so as to be out of the acceptor's power, and as against the acceptor when it comes to the proposer's knowledge.
Where a contract has been broken, the party suffering by such breach is entitled to compensation for loss which naturally arose in the usual course of things, but no compensation is given for any remote and indirect loss. This rule, drawn from Hadley v. Baxendale, is embodied in
aSection 56
bSection 70
cSection 73
dSection 74
Answer: C
Section 73 codifies the measure of damages for breach and incorporates the remoteness rule of Hadley v. Baxendale, excluding remote and indirect loss.
A contract is said to be induced by undue influence where the relations between the parties are such that one of them is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. Such a contract is
avoid ab initio
billegal
cvalid and binding
dvoidable at the option of the party whose consent was so caused
Answer: D
Undue influence is defined in Section 16; under Section 19A, an agreement caused by undue influence is voidable at the option of the party whose consent was so obtained.
Goods displayed in the show-window of a shop with a price-tag attached amount, in the law of contract, to a/an
aoffer
bcounter-offer
cinvitation to offer
dacceptance
Answer: C
Display of goods with a price-tag is merely an invitation to offer; the customer makes the offer by tendering the price, which the shopkeeper may accept or refuse.
Under Section 23 of the Indian Contract Act, 1872, an agreement of which the object or consideration is unlawful is
avoid
bvalid but unenforceable
cvoidable
dmerely irregular
Answer: A
Section 23 provides that every agreement of which the object or consideration is unlawful, for instance, forbidden by law, fraudulent, immoral or opposed to public policy, is void.
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is defined in the Indian Contract Act, 1872 as a—
avoid agreement under Section 2(g)
bvoidable contract under Section 2(i)
ccontract under Section 2(h)
dvalid agreement under Section 2(e)
Answer: B
Section 2(i) defines a voidable contract as one enforceable by law at the option of one party but not the other. A void agreement, not enforceable at all, is defined in Section 2(g).
In Lalman Shukla v. Gauri Dutt, the Allahabad High Court denied the servant's claim to the reward for tracing the missing boy. The principle laid down was that—
athere can be no acceptance without knowledge of the offer at the time of performance
ba minor cannot enforce a reward contract
ca reward offer is merely an invitation to offer
dconsideration must move only from the promisee
Answer: A
The Court held that since Lalman had no knowledge of the reward when he found the boy, there was no valid acceptance, and hence no enforceable contract. Knowledge of the offer is essential for acceptance.
An agreement made by a minor is void ab initio. This rule was authoritatively laid down by the Privy Council in—
aMohori Bibee v. Dharmodas Ghose
bCarlill v. Carbolic Smoke Ball Co.
cBalfour v. Balfour
dLalman Shukla v. Gauri Dutt
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement by a minor is absolutely void from the beginning, as a minor is not competent to contract under Section 11.
Under Section 11 of the Indian Contract Act, 1872, a person is competent to contract if he is of the age of majority, is of sound mind, and—
ais not disqualified from contracting by any law to which he is subject
bis a citizen of India
chas given consideration
dis engaged in trade
Answer: A
Section 11 lays down three requirements for competency: majority, soundness of mind, and not being disqualified from contracting by any law to which the person is subject.
'Coercion', as defined under Section 15 of the Indian Contract Act, 1872, includes the unlawful detaining, or threatening to detain, any property to the prejudice of any person, as well as—
aany act prohibited by the Indian Penal Code
bmere persuasion by a dominant party
cthe committing or threatening to commit any act forbidden by the Indian Penal Code
dany misrepresentation of a material fact
Answer: C
Section 15 defines coercion as committing or threatening to commit any act forbidden by the Indian Penal Code, or unlawfully detaining or threatening to detain property, with intent to cause a person to enter into an agreement.
A contract is said to be induced by 'undue influence' under Section 16 where one party is in a position to dominate the will of the other and uses that position to obtain—
aan unfair advantage over the other
ba written agreement
ca fresh consideration
dspecific performance
Answer: A
Section 16 defines undue influence as a situation where the relations between the parties enable one to dominate the will of the other and that position is used to obtain an unfair advantage.
A agrees to pay Rs. 1,000 to B, an agreement made orally and without any consideration. Under Section 25 of the Indian Contract Act, 1872, such an agreement is—
avalid
bvoid
cvoidable at the option of A
dvalid only if B accepts in writing
Answer: B
Section 25 provides that an agreement made without consideration is void, unless it falls within the stated exceptions (e.g., natural love and affection in writing and registered, compensation for past voluntary act, or a time-barred debt).
A agrees with B to discover a hidden treasure by magic. This agreement, being to do an act impossible in itself, is—
avoidable under Section 19
bvoid under Section 56
cvalid under Section 10
dmerely unenforceable for want of consideration
Answer: B
Section 56 provides that an agreement to do an act impossible in itself is void. An agreement to find treasure by magic is the classic illustration of initial impossibility.
Where necessaries suited to his condition in life are supplied to a minor or a person of unsound mind, the supplier is entitled to be reimbursed from the property of such incapable person. This obligation arises under—
aSection 64
bSection 68
cSection 65
dSection 70
Answer: B
Section 68, a quasi-contractual provision, entitles a supplier of necessaries to a minor or person of unsound mind to reimbursement from the property of that incapable person, not from the person individually.
A sum named in a contract as the amount to be paid in case of breach, where it is a genuine pre-estimate of loss, is dealt with under Section 74 of the Indian Contract Act, 1872 as—
aliquidated damages or penalty, with reasonable compensation not exceeding the named sum
bunliquidated damages assessed by the court
cspecific performance
da void stipulation
Answer: A
Section 74 deals with the sum named in the contract as payable on breach (liquidated damages or penalty); the aggrieved party is entitled to reasonable compensation not exceeding that amount, whether or not actual loss is proved.
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 defined in the Indian Contract Act, 1872 as a—
acontract of indemnity under Section 124
bcontract of guarantee under Section 126
ccontract of bailment under Section 148
dcontract of agency under Section 182
Answer: A
Section 124 defines a contract of indemnity as one where one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
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, is defined as 'bailment' under—
aSection 124
bSection 148
cSection 126
dSection 172
Answer: B
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, upon a contract to return or dispose of them after the purpose is accomplished.
Under the Indian Contract Act, 1872, consideration may move from the promisee or any other person. This principle was applied in
aLalman Shukla v. Gauri Dutt
bChinnaya v. Ramayya
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: B
Section 2(d) permits consideration to move from 'the promisee or any other person'; in Chinnaya v. Ramayya the Madras High Court upheld a suit by a party who was a stranger to the consideration but a party to the contract.
An agreement made without consideration is void, but it is valid if it is a written and registered agreement made on account of natural love and affection between parties standing in near relation. This exception is contained in
aSection 25
bSection 23
cSection 10
dSection 27
Answer: A
Section 25 declares an agreement without consideration void, subject to exceptions including natural love and affection (in writing and registered), compensation for past voluntary acts, and a promise to pay a time-barred debt.
A advertises in the newspaper that he will pay Rs. 5,000 to anyone who returns his lost dog. B, knowing of the advertisement, finds and returns the dog. This is an example of
aa mere invitation to offer with no binding effect
ban agreement by way of wager
ca void agreement for want of communication of acceptance
da general offer accepted by performance of the condition
Answer: D
As in Carlill v. Carbolic Smoke Ball Co., a general offer to the world at large is accepted by a person who performs the stated condition with knowledge of the offer, creating a binding contract.
Lalman Shukla v. Gauri Dutt is an authority for the proposition that
aa contract with a minor is void ab initio
ba person who does an act in ignorance of an offer cannot claim the reward
cpast consideration is no consideration in India
dan agreement in restraint of trade is void
Answer: B
In Lalman Shukla v. Gauri Dutt the Allahabad High Court held that there can be no acceptance, and hence no contract, where the person performing the act had no knowledge of the offer of reward.
Every person is competent to contract who is of the age of majority, of sound mind and not disqualified by any law to which he is subject. This is provided under
aSection 10
bSection 12
cSection 11
dSection 13
Answer: C
Section 11 lays down the requirements of capacity to contract; the age of majority for this purpose is governed by the Indian Majority Act, 1875.
A minor mortgaged his property to secure a loan and later sought to avoid it. It was held that an agreement by a minor is void ab initio. This was decided in
aCarlill v. Carbolic Smoke Ball Co.
bMohori Bibee v. Dharmodas Ghose
cChinnaya v. Ramayya
dCurrie v. Misa
Answer: B
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is void ab initio, so the question of restitution under Sections 64 and 65 did not arise.
Where the parties to a contract agree to substitute a new contract for the old one, or to rescind or alter it, the original contract need not be performed. This is the effect of
aSection 56
bSection 73
cSection 65
dSection 62
Answer: D
Section 62 deals with novation, rescission and alteration; on substitution, rescission or alteration the original contract need not be performed.
A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful, becomes
avoidable at the option of the promisee
bvalid but unenforceable
cvoid ab initio
dvoid when the act becomes impossible or unlawful
Answer: D
Section 56 embodies the doctrine of frustration: a contract becomes void when its performance subsequently becomes impossible or unlawful by an event beyond the promisor's control.
In a contract of guarantee, the person who gives the guarantee is called the
aprincipal debtor
bcreditor
csurety
dbailor
Answer: C
Under Section 126, the person who gives the guarantee is 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'.
The delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed of when the purpose is accomplished, is defined as 'bailment' under
aSection 124
bSection 182
cSection 171
dSection 148
Answer: D
Section 148 defines bailment; possession of the goods passes to the bailee while ownership remains with the bailor.
A general lien, in the absence of a contract to the contrary, is available to bankers, factors, wharfingers, attorneys of a High Court and policy brokers under
aSection 171
bSection 170
cSection 172
dSection 148
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, allowing them to retain goods bailed as security for a general balance of account.
Where a contract names a sum to be paid in case of breach, the party complaining of the breach is entitled to receive reasonable compensation not exceeding the amount so named, whether or not actual damage is proved. This rule is contained in
aSection 73
bSection 56
cSection 75
dSection 74
Answer: D
Section 74 governs compensation where a sum is named in the contract as payable on breach (liquidated damages or penalty); the aggrieved party gets reasonable compensation not exceeding the named amount.
Under the Indian Contract Act, 1872, a person who signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other, is said to make a
apromise
breciprocal promise
cconsideration
dproposal
Answer: D
Section 2(a) defines a 'proposal' as signifying to another one's willingness to do or abstain from doing anything with a view to obtaining that other's assent. When accepted, a proposal becomes a promise under Section 2(b).
Every promise and every set of promises forming the consideration for each other is, under the Indian Contract Act, 1872, defined as
aan agreement under Section 2(e)
ba contract under Section 2(h)
ca promise under Section 2(b)
da voidable contract under Section 2(i)
Answer: A
Section 2(e) defines an 'agreement' as every promise and every set of promises forming the consideration for each other; an agreement enforceable by law is a contract under Section 2(h).
A, a servant, traces and brings back B's missing nephew without any knowledge of B's earlier announcement of a reward. A's claim for the reward will
asucceed, as he performed the very act required
bsucceed, as a reward offer binds the offeror absolutely
cfail, as there can be no acceptance without knowledge of the offer
dfail, as a servant can never accept his master's offer
Answer: C
In Lalman Shukla v. Gauri Dutt (1913) the Allahabad High Court held that knowledge of the offer is essential before its acceptance; without consensus ad idem no contract arises and the reward cannot be claimed.
The principle that an agreement entered into by a minor is void ab initio was authoritatively settled by the Privy Council in
aLalman Shukla v. Gauri Dutt
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that a minor's agreement is void ab initio, since a minor is not competent to contract under Section 11.
A promises to pay B Rs. 5,000 in consideration of B's promise to commit a criminal breach of trust. Under Section 23 of the Indian Contract Act, 1872, the agreement is
avalid and enforceable
bvoid, the consideration and object being unlawful
cvoidable at the option of A
dmerely unenforceable for want of writing
Answer: B
Under Section 23, where the consideration or object of an agreement is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of law, the agreement is void as the consideration and object are unlawful.
An agreement made without consideration is, under Section 25 of the Indian Contract Act, 1872, generally void; however it is valid where it is
amade orally between strangers for a small sum
bin writing and registered, made on account of natural love and affection between parties in near relation
cmade in restraint of marriage of a major
da wager on a future uncertain event
Answer: B
Section 25 makes an agreement without consideration void, except inter alia where it is in writing and registered and made out of natural love and affection between parties standing in near relation to each other.
Every agreement in restraint of the marriage of any person, other than a minor, is, under the Indian Contract Act, 1872,
avalid
bvoidable
cvoid only if the restraint is total
dvoid
Answer: D
Section 26 declares that every agreement in restraint of the marriage of any person, other than a minor, is void, whether the restraint is partial or total.
Under Section 27 of the Indian Contract Act, 1872, an agreement by which a person is restrained from exercising a lawful profession, trade or business is void; an exception is recognised in favour of
aan employee who agrees not to compete after leaving service
bany restraint, provided it is reasonable in duration
cpartners agreeing not to carry on any other business during partnership only
dthe seller of the goodwill of a business who agrees to refrain from a similar business within reasonable local limits
Answer: D
Section 27 makes restraint of trade void to that extent, but the statutory exception permits one who sells the goodwill of a business to agree with the buyer to refrain from a like business within local limits that appear reasonable to the court.
An agreement by way of wager is, under Section 30 of the Indian Contract Act, 1872,
avalid and enforceable
bvoid, and no suit lies to recover anything won on the wager
cvoidable at the option of the loser
dillegal and punishable
Answer: B
Section 30 provides that agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to abide the result of any uncertain event on which a wager is made.
A contracts to pay B Rs. 10,000 if B's house is burnt. This is an illustration of
aa wagering agreement under Section 30
ba contingent contract under Section 31
ca quasi-contract under Section 68
da void agreement under Section 56
Answer: B
Section 31 defines a contingent contract as a contract to do or not to do something if some event collateral to the contract does or does not happen; the promise to pay if B's house is burnt is the statutory illustration.
A finds a purse on the road and takes it into his custody. Under Section 71 of the Indian Contract Act, 1872, A, as finder of the goods, is subject to
athe same responsibility as a bailee towards the true owner
bno obligation, the goods having been abandoned
cthe liability of a trustee for all purposes
dabsolute ownership immediately on finding
Answer: A
Section 71 provides that a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee towards the true owner.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is, under the Indian Contract Act, 1872, called a contract of
aindemnity under Section 124
bguarantee under Section 126
cbailment under Section 148
dagency under Section 182
Answer: A
Section 124 defines a contract of indemnity as one by which a party promises to save the other from loss caused by the conduct of the promisor himself or any other person; it involves two parties, the indemnifier and the indemnified.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the
asurety
bprincipal debtor
ccreditor
dindemnifier
Answer: B
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
Where a contract has been broken, the party who suffers is entitled, under Section 73 of the Indian Contract Act, 1872, to compensation for loss or damage which
ais remote and indirect but flows from the breach
bnaturally arose in the usual course of things from the breach, or which the parties knew to be likely to result from it
cthe party chooses to claim, irrespective of foreseeability
dexceeds the sum named in the contract as penalty
Answer: B
Section 73 allows compensation for loss or damage which naturally arose in the usual course of things from the breach, or which the parties knew when contracting to be likely to result; no compensation is given for remote or indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872, entitles the aggrieved party to receive
athe named sum in every case as a matter of right
bdouble the named sum if the breach is wilful
creasonable compensation not exceeding the sum so named, whether or not actual damage is proved
donly the actual loss strictly proved, ignoring the named sum
Answer: C
Section 74 provides that where a sum is named or a penalty stipulated, the party complaining of breach is entitled to reasonable compensation not exceeding the amount so named, whether or not actual loss is proved.
Under the Indian Contract Act, 1872, the definition of 'consideration' is contained in
aSection 2(e)
bSection 2(d)
cSection 2(f)
dSection 2(g)
Answer: B
Section 2(d) defines consideration as an act, abstinence or promise done at the desire of the promisor by the promisee or any other person. Section 2(e) defines 'agreement'.
The rule that consideration must move 'at the desire of the promisor' and not at the instance of a third party was laid down in
aLalman Shukla v. Gauri Dutt
bBalfour v. Balfour
cMohori Bibee v. Dharmodas Ghose
dDurga Prasad v. Baldeo
Answer: D
In Durga Prasad v. Baldeo (1881) ILR 3 All 221, the Allahabad High Court held that since the construction was done at the desire of the Collector and not the promisor, there was no valid consideration.
A finds B's lost dog and restores it to B without knowing that B had announced a reward. A claims the reward. On the principle of Lalman Shukla v. Gauri Dutt, A is
aentitled to the reward as he performed the act
bentitled only if he was a servant of B
centitled to half the reward on equitable grounds
dnot entitled, because he had no knowledge of the offer when he acted
Answer: D
In Lalman Shukla v. Gauri Dutt (1913), it was held that there can be no acceptance of an offer of which the acceptor had no knowledge; an act done in ignorance of the offer is no acceptance.
Under Section 25 of the Indian Contract Act, an agreement made without consideration on account of natural love and affection between parties standing in near relation is valid only if it is
aoral but made before two witnesses
bin writing and registered
cstamped under the Indian Stamp Act
dsupported by past consideration
Answer: B
Under the first exception to Section 25, such an agreement is valid only if expressed in writing and registered under the law relating to registration of documents.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is defined under the Indian Contract Act as a contract of
aguarantee
bagency
cbailment
dindemnity
Answer: D
Section 124 defines a contract of indemnity. A contract of guarantee under Section 126 is to perform the promise or discharge the liability of a third person on his default.
In a contract of guarantee under Section 126 of the Indian Contract Act, the person who gives the guarantee is called the
asurety
bcreditor
cprincipal debtor
dindemnifier
Answer: A
Under Section 126, the person who gives the guarantee is 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'.
The bailment of goods as security for payment of a debt or performance of a promise is, under the Indian Contract Act, called a
alien
bmortgage
cpledge
dhypothecation
Answer: C
Section 172 defines 'pledge' as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee is the 'pawnee'.
The doctrine of frustration of contract, and the principle that 'impossible' in Section 56 is not confined to physical impossibility, was authoritatively explained by the Supreme Court in
aMohori Bibee v. Dharmodas Ghose
bHadley v. Baxendale
cCarlill v. Carbolic Smoke Ball Co.
dSatyabrata Ghose v. Mugneeram Bangur & Co.
Answer: D
In Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44, the Supreme Court held that 'impossible' under Section 56 includes impracticability or frustration of the object, not merely literal/physical impossibility.
Where consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is, under Section 19 of the Indian Contract Act,
avoid ab initio
bvalid and binding
cvoidable at the option of either party
dvoidable at the option of the party whose consent was so caused
Answer: D
Section 19 provides that an agreement whose consent is caused by coercion, fraud or misrepresentation is a contract voidable at the option of the party whose consent was so caused.
Under Section 11 of the Indian Contract Act, which of the following is NOT competent to contract?
aA person of the age of majority
bA person of sound mind
cA person not disqualified by any law to which he is subject
dA minor
Answer: D
Section 11 requires that a party be of the age of majority, of sound mind, and not disqualified by law; a minor, not being of the age of majority, is not competent to contract.
Where necessaries suited to his condition in life are supplied to a minor, under Section 68 of the Indian Contract Act the supplier is entitled to be reimbursed
afrom the property of the minor
bpersonally from the minor
cfrom the minor's guardian in his personal capacity
dnot at all, the agreement being void
Answer: A
Under Section 68, the minor is not personally liable, but the person who supplied necessaries is entitled to reimbursement from the property of the minor.
Under Section 74 of the Indian Contract Act, where a sum is named in the contract as the amount to be paid in case of breach, the aggrieved party is entitled to receive
athe whole named sum automatically as a penalty
bdouble the named sum if fraud is proved
creasonable compensation not exceeding the sum named, whether or not actual damage is proved
donly the actual loss proved, ignoring the named sum
Answer: C
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount so named (or penalty stipulated), irrespective of proof of actual damage.
Under Section 23 of the Indian Contract Act, the consideration or object of an agreement is unlawful where
ait is forbidden by law, or defeats the provisions of any law, or is fraudulent, immoral or opposed to public policy
bit is inadequate in value
cone party is a minor
dthe agreement is oral
Answer: A
Section 23 renders the consideration or object unlawful, inter alia, where it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury, or is immoral or opposed to public policy.
Under Section 182 of the Indian Contract Act, a person employed to do any act for another or to represent another in dealings with third persons is called the
aagent
bprincipal
cbailee
dsurety
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; the person so represented is the 'principal'.
Under the Indian Contract Act, 1872, when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be
aa reciprocal promise
brevoked, and the proposal lapses
can agreement enforceable by law
daccepted, and a proposal when accepted becomes a promise
Answer: D
Section 2(b) provides that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted, and a proposal when accepted becomes a promise. An agreement enforceable by law is a contract under Section 2(h).
In Lalman Shukla v. Gauri Dutt (1913), the servant who traced the missing boy was held not entitled to the announced reward chiefly because
athe offer was not made in writing and registered
bthe reward was excessive and against public policy
ca servant cannot contract with his master
dhe had no knowledge of the offer at the time he performed the act
Answer: D
The Allahabad High Court held that there can be no acceptance, and hence no contract, where the person performing the act was unaware of the offer when he did it. Knowledge of the offer is essential to its acceptance.
An agreement made without consideration is void; however, it is valid if it is a promise made on account of natural love and affection between parties standing in a near relation, provided it is
aexpressed in writing and registered under the law for the time being in force
bmade before two attesting witnesses
csupported by past consideration
dperformed within a reasonable time
Answer: A
Section 25(1) requires that an agreement made on account of natural love and affection between parties standing in a near relation be in writing and registered to be enforceable despite the absence of consideration.
The decision that a minor's agreement is void ab initio and incapable of ratification was authoritatively settled by the Privy Council in
aCarlill v. Carbolic Smoke Ball Co.
bLalman Shukla v. Gauri Dutt
cMohori Bibee v. Dharmodas Ghose
dSatyabrata Ghose v. Mugneeram Bangur & Co.
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that an agreement by a minor is void ab initio, read with Sections 10 and 11 of the Act.
An agreement to do an act impossible in itself is void. Where a contract to do an act becomes impossible or unlawful after it is made, by reason of an event which the promisor could not prevent, the contract
aremains binding and the promisor must pay damages
bis voidable at the option of the promisee only
cbecomes void when the act becomes impossible or unlawful
dis void from its very inception
Answer: C
Section 56 provides that a contract to do an act which, after it is made, becomes impossible or unlawful becomes void when the act becomes impossible or unlawful. This embodies the doctrine of frustration as explained in Satyabrata Ghose v. Mugneeram Bangur & Co.
Under the Indian Contract Act, 1872, a 'contract of indemnity' is a contract by which one party promises to save the other from loss caused to him
aby the conduct of the promisor himself, or by the conduct of any other person
bonly by the conduct of the promisor himself
conly by the conduct of a third person
dby any event whatsoever, including natural causes
Answer: A
Section 124 defines a contract of indemnity as one in which the promisor promises to save the promisee from loss caused either by the conduct of the promisor himself or by the conduct of any other person.
An agreement the consideration or object of which is such that, if permitted, it would defeat the provisions of any law, is
avoid, the consideration or object being unlawful
bvoidable at the option of the party defrauded
cvalid but unenforceable
dmerely irregular and curable by performance
Answer: A
Section 23 declares the consideration or object of an agreement unlawful, inter alia, where it would defeat the provisions of any law, and under that section every agreement of which the object or consideration is unlawful is void.
Section 73 of the Indian Contract Act, which allows compensation for loss caused by breach, expressly excludes compensation for
aloss which naturally arose in the usual course of things
bany remote and indirect loss or damage sustained by reason of the breach
closs which the parties knew at the time of contract to be likely to result
dloss arising from non-performance of a quasi-contractual obligation
Answer: B
Section 73 allows compensation for loss naturally arising in the usual course of things or within the parties' contemplation, but expressly states that no compensation is to be given for any remote and indirect loss. It is the statutory embodiment of Hadley v. Baxendale.
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is
aa void agreement
ba voidable contract
can illegal agreement
da contingent contract
Answer: B
Section 2(i) defines a voidable contract as an agreement enforceable by law at the option of one or more parties but not at the option of the other or others. A void agreement, by contrast, is not enforceable by law under Section 2(g).
Under the Code of Civil Procedure, 1908, courts have jurisdiction to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. This principle is contained in
aSection 15
bSection 11
cSection 9
dSection 21
Answer: C
Section 9 CPC provides that the courts shall (subject to the provisions therein) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res judicata, which bars a court from trying a suit or issue already finally decided in a former suit between the same parties, is embodied in the Code of Civil Procedure, 1908 under
aSection 10
bSection 12
cSection 11
dSection 13
Answer: C
Section 11 CPC enacts the rule of res judicata; Section 10 deals with stay of suit (res sub judice), which is distinct from res judicata.
Where two suits between the same parties and on the same matter in issue are pending, the trial of the subsequently instituted suit may be stayed. This rule of res sub judice is provided under
aSection 9 CPC
bSection 10 CPC
cSection 11 CPC
dSection 151 CPC
Answer: B
Section 10 CPC (stay of suit) bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties.
Before instituting a suit against the Government or against a public officer in respect of an act purporting to be done in his official capacity, a notice must be served. The mandatory notice and the period of two months are prescribed by
aSection 79 CPC
bSection 91 CPC
cSection 82 CPC
dSection 80 CPC
Answer: D
Section 80 CPC mandates a two months' prior written notice before suing the Government or a public officer for acts done in official capacity; failure to give such notice renders the plaint liable to rejection.
Under the Code of Civil Procedure, 1908, a second appeal lies to the High Court from an appellate decree only if the case involves
aan error of fact
ba mixed question of law and fact
ca substantial question of law
da question of valuation only
Answer: C
Section 100 CPC provides that a second appeal lies to the High Court only if it is satisfied that the case involves a substantial question of law, which must be formulated by the court.
The High Court's power of revision over subordinate courts that have exercised jurisdiction not vested in them, failed to exercise jurisdiction so vested, or acted illegally in the exercise of jurisdiction, is contained in
aSection 96 CPC
bSection 100 CPC
cSection 151 CPC
dSection 115 CPC
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court over a subordinate court in cases of jurisdictional error; Section 96 deals with first appeals and Section 100 with second appeals.
A defendant must ordinarily present his written statement within thirty days from the date of service of summons; the proviso to Order VIII, Rule 1 CPC permits the court to extend this period but in no case beyond
asixty days
bone hundred eighty days
cone hundred twenty days
dninety days
Answer: D
The proviso to Order VIII Rule 1 CPC allows the court, for reasons to be recorded, to permit filing of the written statement on a later day, but not later than ninety days from the date of service of summons.
Under the Code of Civil Procedure, 1908, the grounds on which a plaint may be rejected, such as non-disclosure of a cause of action or insufficiently stamped plaint, are set out in
aOrder VI, Rule 17
bOrder VIII, Rule 6
cOrder VII, Rule 11
dOrder IX, Rule 13
Answer: C
Order VII Rule 11 CPC enumerates the grounds for rejection of a plaint, including where it does not disclose a cause of action or is not duly stamped.
The provision empowering a court to allow either party to alter or amend his pleadings at any stage of the proceedings on such terms as may be just is found in the Code of Civil Procedure under
aOrder II, Rule 2
bOrder I, Rule 10
cOrder VI, Rule 17
dOrder XXIII, Rule 1
Answer: C
Order VI Rule 17 CPC deals with amendment of pleadings, allowing the court to permit amendments necessary for determining the real questions in controversy.
Where a suit is decreed ex parte against a defendant, the defendant may apply to the court by which the decree was passed for an order to set it aside under
aOrder IX, Rule 9
bOrder IX, Rule 6
cOrder IX, Rule 13
dOrder XXXVII, Rule 4
Answer: C
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree has been passed to apply for its setting aside on showing sufficient cause for non-appearance.
Cases in which a temporary injunction may be granted by the court to restrain the alienation, wasting or damaging of property in dispute are provided in the Code of Civil Procedure under
aOrder XXXVIII, Rules 1 and 2
bOrder XXVI, Rule 9
cOrder XL, Rule 1
dOrder XXXIX, Rules 1 and 2
Answer: D
Order XXXIX Rules 1 and 2 CPC set out the circumstances in which a temporary injunction may be granted; Order XXXVIII relates to arrest and attachment before judgment.
The general power of the court to add, strike out or substitute parties so that all matters in dispute may be effectually adjudicated upon is contained in the Code of Civil Procedure under
aOrder I, Rule 10
bOrder II, Rule 4
cOrder V, Rule 1
dOrder XXII, Rule 4
Answer: A
Order I Rule 10 CPC empowers the court to add or strike out parties and to substitute the correct plaintiff where a suit has been instituted in the name of the wrong person.
On the death of one of two or more plaintiffs where the right to sue does not survive to the surviving plaintiffs alone, the procedure for bringing the legal representatives on record is governed by the Code of Civil Procedure under
aOrder XXI
bOrder XXVI
cOrder XXIII
dOrder XXII
Answer: D
Order XXII CPC deals with death, marriage and insolvency of parties and the substitution of legal representatives; abatement follows where no application is made within the prescribed time.
The power of the High Court or the District Court to transfer and withdraw suits, appeals or other proceedings pending before a subordinate court is conferred by the Code of Civil Procedure under
aSection 22
bSection 151
cSection 25
dSection 24
Answer: D
Section 24 CPC vests in the High Court and the District Court the general power to transfer and withdraw suits, appeals and other proceedings; Section 25 deals with transfer by the Supreme Court from one State to another.
Where it appears to the court that there exist elements of a settlement, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement including Lok Adalat, or mediation. This power is contained in the Code of Civil Procedure under
aSection 88
bSection 94
cSection 89
dSection 96
Answer: C
Section 89 CPC, introduced by the 1999 amendment, empowers the court to refer disputes to alternative modes of settlement including arbitration, conciliation, Lok Adalat and mediation where elements of a settlement exist.
Under the Code of Civil Procedure, 1908, the courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This principle is contained in
aSection 15
bSection 11
cSection 9
dSection 26
Answer: C
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred.
The doctrine of res sub judice, which requires a court to stay the trial of a subsequently instituted suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is embodied in
aSection 10
bSection 11
cSection 13
dSection 47
Answer: A
Section 10 CPC contains the rule of res sub judice and directs stay of the later suit when its matter is directly and substantially in issue in a previously instituted suit between the same parties.
A and B litigated a question of title to a plot of land and the matter was finally decided by a competent court. B now files a fresh suit against A raising the same question of title. The bar that prevents the second suit is found in
aSection 10
bSection 12
cSection 11
dSection 13
Answer: C
Section 11 CPC embodies the doctrine of res judicata, barring re-litigation of a matter directly and substantially in issue that has been finally decided between the same parties by a competent court.
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