Bihar Judiciary Mock Test 5 — Questions & Solutions
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Which river, regarded as a major tributary of the Ganga, flows northward through Bihar and is notorious for the heavy floods it causes, earning it the name 'Sorrow of Bihar'?
aGandak
bKosi
cSone
dBagmati
Answer: B
The Kosi river, which frequently changes course and causes devastating floods in north Bihar, is popularly called the 'Sorrow of Bihar'.
The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was launched against the oppression of cultivators by indigo planters in which province?
aGujarat
bBihar
cBengal
dMadras
Answer: B
The Champaran Satyagraha was launched in 1917 in the Champaran region of Bihar, against the tinkathia system that forced peasants to grow indigo for European planters.
Under the Constitution of India, the power to grant pardons, reprieves and remissions of punishment in cases tried by court-martial is conferred on the President by which Article?
aArticle 72
bArticle 161
cArticle 74
dArticle 76
Answer: A
Article 72 vests the President with the power to grant pardons, etc., including in cases of court-martial and sentences of death, while Article 161 confers a similar (but narrower) power on the Governor.
Which of the following Fundamental Rights was removed from Part III of the Constitution by the 44th Constitutional Amendment Act, 1978, and made an ordinary legal right under Article 300A?
aRight to freedom of speech
bRight to property
cRight to constitutional remedies
dRight to equality
Answer: B
The 44th Amendment Act, 1978 deleted the Right to Property as a Fundamental Right (Articles 19(1)(f) and 31) and re-enacted it as a legal/constitutional right under Article 300A.
In the human body, which gland is often called the 'master gland' because it controls the secretions of several other endocrine glands?
aThyroid gland
bAdrenal gland
cPancreas
dPituitary gland
Answer: D
The pituitary gland, located at the base of the brain, secretes hormones that regulate the activity of other endocrine glands, so it is called the master gland.
A sum of money doubles itself in 8 years at simple interest. In how many years will the same sum become four times itself at the same rate of simple interest?
a16 years
b12 years
c32 years
d24 years
Answer: D
Doubling in 8 years means the interest equals the principal in 8 years (rate 12.5% p.a.). To become four times, interest must equal thrice the principal, requiring 3 x 8 = 24 years.
Bihar Diwas is observed every year on 22nd March to mark the creation of the Province of Bihar and Orissa, which was carved out of the Bengal Presidency in the year
a1912
b1905
c1936
d1947
Answer: A
On 22 March 1912 the Bihar and Orissa region was separated from the Bengal Presidency to form a new province; hence Bihar Diwas is celebrated on this date.
Which river, on account of its frequent and devastating floods, is popularly known as the 'Sorrow of Bihar'?
aGandak
bKosi
cSone
dBagmati
Answer: B
The Kosi, a left-bank tributary of the Ganga rising in the Nepal-Tibet Himalaya, repeatedly shifts its course and causes massive floods in north Bihar, earning it the name 'Sorrow of Bihar'.
In June 2024, the Prime Minister inaugurated the new campus of the revived Nalanda University, an institution rooted in Bihar's ancient learning tradition. This new campus is located at
aBodh Gaya
bPataliputra (Patna)
cVaishali
dRajgir
Answer: D
The new 'Net Zero' campus of Nalanda University was inaugurated on 19 June 2024 at Rajgir in Nalanda district, near the ruins of the ancient Nalanda Mahavihara.
In terms of geographical area, the largest district of Bihar is
aGaya
bRohtas
cPatna
dWest Champaran (Pashchim Champaran)
Answer: D
West Champaran, with an area of about 5,228 sq km, is the largest district of Bihar by area; the original Champaran district was bifurcated into East and West Champaran in 1971.
The famous Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was directed against the exploitation of cultivators under the
aPermanent Settlement
bTinkathia system
cMahalwari system
dRyotwari system
Answer: B
Under the Tinkathia system, indigo planters in Champaran forced peasants to grow indigo on three-twentieths (3 kathas per bigha) of their land; Gandhi's 1917 Satyagraha secured its abolition.
Under the Constitution of India, the power to make laws with respect to subjects in the Concurrent List is exercised by
aParliament only
bState Legislatures only
cboth Parliament and the State Legislatures
dthe President by ordinance only
Answer: C
Under Article 246, both Parliament and State Legislatures can legislate on subjects in the Concurrent List (Seventh Schedule); in case of conflict, the Union law generally prevails.
Which one of the following is NOT a greenhouse gas?
aCarbon dioxide
bNitrogen
cMethane
dNitrous oxide
Answer: B
Nitrogen (N2), which makes up about 78% of the atmosphere, is not a greenhouse gas; carbon dioxide, methane and nitrous oxide are the principal greenhouse gases.
The deficiency of which vitamin causes the disease scurvy, characterised by bleeding gums?
aVitamin A
bVitamin C
cVitamin D
dVitamin K
Answer: B
Scurvy results from a deficiency of Vitamin C (ascorbic acid), which is needed for collagen synthesis; symptoms include bleeding gums and poor wound healing.
A man walks 5 km towards the East, then turns left and walks 4 km, then turns left again and walks 5 km. In which direction is he now facing?
aEast
bSouth
cNorth
dWest
Answer: D
Starting facing East, a left turn makes him face North, and a second left turn makes him face West; the distances do not affect the final facing direction.
The Patna High Court, one of the oldest High Courts in India, was formally established in which year?
a1862
b1935
c1916
d1950
Answer: C
The Patna High Court was established on 3 February 1916 under the Government of India Act 1915; its first Chief Justice was Sir Edward Maynard Des Champs Chamier.
Who became the 53rd Chief Justice of India, taking oath in November 2025 after the retirement of Justice B. R. Gavai?
aSanjiv Khanna
bD. Y. Chandrachud
cSurya Kant
dU. U. Lalit
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai who retired on 23 November 2025.
The ancient city of Pataliputra, located on the site of present-day Patna, served as the imperial capital of which dynasty under Chandragupta Maurya?
aGupta dynasty
bMaurya dynasty
cPala dynasty
dShunga dynasty
Answer: B
Pataliputra (modern Patna) was the capital of the Mauryan Empire founded by Chandragupta Maurya; it later also served the Gupta empire, but the question keys to its Mauryan origin under Chandragupta.
The Champaran Satyagraha of 1917, led by Mahatma Gandhi, was directed against the exploitation of cultivators connected with the forced growing of
acotton
bindigo
copium
djute
Answer: B
The Champaran Satyagraha in Bihar was launched against the tinkathia system, under which peasants were compelled to cultivate indigo on a portion of their land for European planters.
A sum of money becomes double in 8 years at simple interest. In how many years will the same sum become four times the original amount at the same rate?
a16 years
b12 years
c32 years
d24 years
Answer: D
If a sum doubles in 8 years, the interest equals the principal in 8 years; to become four times, the interest must equal three times the principal, which takes 3 x 8 = 24 years.
Which of the following metals is the most abundant in the Earth's crust?
aIron
bCopper
cAluminium
dCalcium
Answer: C
Aluminium is the most abundant metal in the Earth's crust (about 8% by weight), followed by iron; oxygen and silicon are the most abundant elements overall.
The Nobel Peace Prize for the year 2024 was awarded to Nihon Hidankyo, an organisation associated with
aclimate refugees in the Pacific
bJapanese atomic bomb survivors
cpress freedom in the Philippines
dfamine relief in Africa
Answer: B
The 2024 Nobel Peace Prize went to Nihon Hidankyo, a grassroots movement of Hiroshima and Nagasaki atomic bomb survivors (hibakusha), for its work towards a world free of nuclear weapons.
Bihar Diwas is celebrated every year on 22nd March to mark the day on which Bihar was carved out as a separate province. From which presidency was Bihar separated in 1912?
aMadras Presidency
bBombay Presidency
cBengal Presidency
dAgra Presidency
Answer: C
On 22 March 1912 the British government carved Bihar (along with Orissa) out of the Bengal Presidency, creating the new province of Bihar and Orissa; the day is observed as Bihar Diwas.
In the 2025 Bihar Legislative Assembly election, who was sworn in as Chief Minister of Bihar following the NDA's victory?
aNitish Kumar
bTejashwi Yadav
cPrashant Kishor
dSamrat Choudhary
Answer: A
The NDA won a clear majority (over 200 of 243 seats) in the November 2025 Bihar Assembly election, and Nitish Kumar of the JD(U) took oath as Chief Minister, his tenth term in the office.
In the Union Budget 2025-26, the Government announced the setting up of a 'Makhana Board' chiefly to benefit farmers of which State?
aBihar
bAssam
cWest Bengal
dOdisha
Answer: A
The Makhana Board was announced in the 2025-26 Union Budget to boost production, processing and marketing of makhana (fox nut) in Bihar, which accounts for roughly 90% of India's makhana output, especially in the Mithilanchal region.
Which ancient seat of learning, whose ruins lie in Bihar and are a UNESCO World Heritage Site, was an internationally renowned Buddhist monastic university?
aVikramshila
bTaxila
cNalanda
dVallabhi
Answer: C
The ruins of Nalanda Mahavihara in Bihar, a celebrated ancient Buddhist university, were inscribed as a UNESCO World Heritage Site in 2016.
The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, concerned the grievances of cultivators of which crop?
aCotton
bTea
cJute
dIndigo
Answer: D
At Champaran in Bihar, Gandhi led a satyagraha in 1917 against the tinkathia system that forced peasants to grow indigo for European planters.
Which of the following Fundamental Rights of the Indian Constitution was originally a Fundamental Right but was deleted by the 44th Constitutional Amendment, 1978, and made an ordinary legal right under Article 300A?
aRight to Property
bRight to Freedom of Speech
cRight against Exploitation
dRight to Constitutional Remedies
Answer: A
The Right to Property was removed from the list of Fundamental Rights by the 44th Amendment (1978) and is now a constitutional/legal right under Article 300A.
Choose the correct meaning of the idiom: 'To bury the hatchet'.
aTo start a fresh quarrel
bTo dig up old disputes
cTo hide a weapon
dTo make peace and end a quarrel
Answer: D
The idiom 'to bury the hatchet' means to settle a dispute and make peace, derived from a Native American custom of burying weapons to signal the end of hostilities.
The ancient Nalanda Mahavihara in present-day Bihar is traditionally said to have been founded by which Gupta ruler?
aSamudragupta
bKumaragupta I
cChandragupta II
dSkandagupta
Answer: B
Nalanda Mahavihara is traditionally credited to the Gupta emperor Kumaragupta I (Shakraditya) in the early 5th century CE, in the region of ancient Magadha.
Under the Constitution of India, which Article empowers the President to promulgate an Ordinance during the recess of Parliament?
aArticle 110
bArticle 123
cArticle 213
dArticle 356
Answer: B
Article 123 empowers the President to promulgate ordinances when Parliament is not in session; Article 213 confers an analogous power on a State Governor.
The writ of 'Quo Warranto' is issued by a court to
aquestion the legal authority of a person holding a public office
bcompel a public authority to perform a public duty
cproduce a detained person before the court
dtransfer a case from a lower court to a higher court
Answer: A
Quo Warranto ('by what authority') challenges a person's legal right to hold a public office; if the holder is found unqualified, the court can oust them.
Which one of the following is a Directive Principle of State Policy and NOT a Fundamental Right under the Constitution of India?
aRight to freedom of speech and expression
bRight to constitutional remedies
cRight against exploitation
dEqual pay for equal work for men and women
Answer: D
Equal pay for equal work is contained in Article 39(d) among the Directive Principles (Part IV); the other three fall within the Fundamental Rights in Part III.
Select the word that is most nearly OPPOSITE in meaning to 'ACQUIT'.
aDischarge
bAbsolve
cConvict
dRelease
Answer: C
To 'acquit' is to declare a person not guilty; its antonym is 'convict', meaning to declare guilty. Discharge, absolve and release are synonyms of acquit.
Who took oath as the Chief Minister of Bihar for a record tenth time following the November 2025 Bihar Legislative Assembly election?
aNitish Kumar
bTejashwi Yadav
cSamrat Choudhary
dJitan Ram Manjhi
Answer: A
After the NDA's landslide win (202 of 243 seats) in the November 2025 polls, JD(U) leader Nitish Kumar was sworn in as Bihar Chief Minister for the tenth time on 20 November 2025.
The Union Budget 2025-26 announced the setting up of a 'Makhana Board' primarily to benefit farmers of which State?
aBihar
bWest Bengal
cAssam
dOdisha
Answer: A
The Makhana Board, announced in the Union Budget 2025-26, targets makhana growers of the Mithilanchal, Kosi and Seemanchal regions of Bihar, which accounts for about 85% of India's makhana output.
Mahatma Gandhi launched his first Satyagraha in India in 1917 in connection with the grievances of indigo cultivators at
aKheda
bChamparan
cBardoli
dAhmedabad
Answer: B
The Champaran Satyagraha of 1917, in the Champaran district of Bihar, was Gandhi's first application of Satyagraha in India, directed against the oppressive tinkathia indigo cultivation system.
The ancient university of Nalanda, a major centre of Buddhist learning, is located in which present-day State?
aBihar
bUttar Pradesh
cWest Bengal
dJharkhand
Answer: A
Nalanda Mahavihara, founded in the Gupta period and flourishing for centuries, is situated in the Nalanda district of Bihar and is a UNESCO World Heritage Site.
When the court has to form an opinion as to the person by whom a document was written or signed, the opinion of a person acquainted with the handwriting of that person is relevant under which section of the BSA, 2023?
aSection 39
bSection 40
cSection 44
dSection 41
Answer: D
Section 41 of the BSA, 2023 (formerly Section 47 of the Evidence Act) makes relevant the opinion of any person acquainted with the handwriting of the writer.
In a criminal proceeding, the fact that the person accused is of a previous good character is relevant under the BSA, 2023 by virtue of:
aSection 47
bSection 46
cSection 48
dSection 52
Answer: A
Section 47 of the BSA, 2023 (formerly Section 53 of the Evidence Act) provides that in criminal cases the previous good character of the accused is relevant.
An accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Under the BSA, 2023, this rule is contained in:
aSection 124
bSection 132
cSection 138
dSection 141
Answer: C
Section 138 of the BSA, 2023 (formerly Section 133 of the Indian Evidence Act, 1872) declares an accomplice a competent witness; the enacted BSA text states that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, read with the presumption regarding accomplice evidence in Section 119, Illustration (b).
Under the BSA, 2023, when any fact is especially within the knowledge of any person, the burden of proving that fact lies upon him. This principle is embodied in:
aSection 109
bSection 106
cSection 104
dSection 110
Answer: A
Section 109 of the BSA, 2023 (formerly Section 106 of the Evidence Act) places the burden of proving a fact especially within a person's knowledge upon that person.
Where one person, by his declaration, act or omission, intentionally causes another to believe a thing to be true and to act upon that belief, he is not allowed to deny its truth in any suit between them. Under the BSA, 2023 this doctrine of estoppel is contained in:
aSection 118
bSection 126
cSection 123
dSection 121
Answer: D
Section 121 of the BSA, 2023 (formerly Section 115 of the Evidence Act) codifies the doctrine of estoppel by representation.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that 'there is no particular number of witnesses required for proof of any fact' is laid down in:
aSection 124
bSection 139
cSection 138
dSection 134
Answer: B
Section 139 of the BSA, 2023 (formerly Section 134 of the Evidence Act) provides that no particular number of witnesses is required to prove any fact.
A question suggesting the answer which the person putting it wishes or expects to receive is termed a leading question. Under the BSA, 2023, leading questions are dealt with in:
aSection 143
bSection 151
cSection 148
dSection 146
Answer: D
Section 146 of the BSA, 2023 (formerly Section 141 of the Evidence Act) defines leading questions; ordinarily they may be asked in cross-examination but not in examination-in-chief without leave.
The document itself produced for the inspection of the court is the best evidence of its contents. Under the BSA, 2023, this 'primary evidence' is defined in:
aSection 56
bSection 58
cSection 57
dSection 60
Answer: C
Section 57 of the BSA, 2023 (formerly Section 62 of the Evidence Act) defines primary evidence as the document itself produced for inspection of the court.
Under the BSA, 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:
aSection 61
bSection 59
cSection 63
dSection 65
Answer: A
Section 61 of the BSA, 2023 provides that electronic and digital records cannot be denied admissibility merely for being electronic, giving them the same legal effect as paper documents, subject to Section 63.
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant. Under the BSA, 2023 this rule (the principle of res gestae) is contained in:
aSection 3
bSection 4
cSection 5
dSection 6
Answer: B
Section 4 of the BSA, 2023 (formerly Section 6 of the Evidence Act) makes relevant facts forming part of the same transaction, embodying the doctrine of res gestae.
Under the Bharatiya Sakshya Adhiniyam, 2023, the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events and human conduct. The illustrations to this presumption (including that an accomplice is unworthy of credit unless corroborated) appear in:
aSection 104
bSection 119
cSection 116
dSection 124
Answer: B
Section 119 of the BSA, 2023 (formerly Section 114 of the Evidence Act) empowers the court to presume the existence of certain facts and contains the illustration on uncorroborated accomplice testimony.
The Muslim Personal Law (Shariat) Application Act, 1937, in its Section 2, directs the application of Muslim Personal Law to all the questions enumerated therein, BUT expressly excludes from its operation questions relating to
adower and maintenance
bagricultural land
cwaqfs and trusts
dguardianship of minors
Answer: B
Section 2 of the Shariat Act, 1937 opens with the words 'save questions relating to agricultural land', thereby keeping agricultural land outside the rule of decision under that section. The Kerala amendment later removed this exception for that State.
Under the Muslim Personal Law (Shariat) Application Act, 1937, matters relating to wills, legacies and adoption are governed by Muslim Personal Law only when
athe parties are Hanafis
ba person makes a declaration in the prescribed form under Section 3 of the Act
cthe District Judge so orders
dboth parties are domiciled in India
Answer: B
Section 2 of the 1937 Act does not list wills, legacies and adoption; they are brought under Shariat only where a person files a declaration in the prescribed form before the prescribed authority under Section 3(1).
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to a decree for dissolution of her marriage on the ground that the whereabouts of the husband have not been known for a period of
atwo years
bthree years
cfour years
dseven years
Answer: C
Clause (i) of Section 2 of the 1939 Act allows dissolution where the husband's whereabouts have not been known for four years; the decree so passed does not take effect for six months, during which the husband may appear and have it set aside.
Under the Dissolution of Muslim Marriages Act, 1939, the imprisonment of the husband furnishes a ground for the wife to seek dissolution of marriage only where he has been sentenced to imprisonment for a period of
atwo years or upwards
bfive years or upwards
cseven years or upwards
dten years or upwards
Answer: C
Clause (iii) of Section 2 of the 1939 Act makes a sentence of imprisonment of seven years or upwards a ground for dissolution, but no decree shall be passed until the sentence has become final.
Under the Dissolution of Muslim Marriages Act, 1939, the wife's right to repudiate the marriage under the 'option of puberty' (khyar-ul-bulugh) is available where she was given in marriage before the age of fifteen years, provided she exercises the option before attaining the age of eighteen years and that
athe marriage has not been consummated
bthe dower has not been paid
cthe husband has consented
dshe has obtained the guardian's permission
Answer: A
Clause (vii) of Section 2 of the 1939 Act requires that the marriage was not consummated for the option of puberty to be available; the woman married before fifteen must repudiate before attaining eighteen.
Under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband to be made and paid to her
afor her entire life unless she remarries
bfor a period of three years from the divorce
cwithin the period of iddat
duntil she is able to maintain herself
Answer: C
Section 3(1)(a) of the 1986 Act entitles the divorced woman to a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband.
Under Section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, where a divorced woman is unable to maintain herself after the iddat period and has no relatives liable to maintain her or such relatives lack the means, the Magistrate may direct payment of maintenance by
athe State Wakf Board
bthe Central Government
cthe former husband for life
dthe District Legal Services Authority
Answer: A
Section 4(2) of the 1986 Act empowers the Magistrate, where the relatives are unable to pay or do not exist, to order the State Wakf Board to pay the maintenance determined under Section 4(1).
In Shayara Bano v. Union of India (2017), the Supreme Court, by a majority of 3:2, held that the practice of
atalaq-e-ahsan was unconstitutional
btalaq-e-biddat (instant triple talaq) was unconstitutional
ctalaq-e-hasan was unconstitutional
dkhula was unconstitutional
Answer: B
In Shayara Bano v. Union of India, AIR 2017 SC 4609, a five-judge bench by a 3:2 majority set aside talaq-e-biddat (instant triple talaq), holding it not protected by Article 25 as it was not an essential religious practice.
Under Sunni (Hanafi) law, a marriage contracted without the presence of the requisite witnesses is
abatil (void)
bmauquf (dependent on ratification by the heirs)
csahih (perfectly valid)
dfasid (irregular)
Answer: D
Absence of the prescribed witnesses is treated as a mere irregularity under Hanafi law, rendering the marriage fasid (irregular) and not void; in Shia law witnesses are immaterial.
The institution of muta or temporary marriage is recognised
ain both Sunni and Shia law
bonly in Shia (Ithna Ashari) law
conly in Sunni (Hanafi) law
din neither Sunni nor Shia law
Answer: B
Muta or temporary marriage is recognised only in Shia (Ithna Ashari) law; under Sunni law it is void because the words of marriage must denote an immediate and permanent union.
Under the Hanafi law of pre-emption (shufaa), where a co-sharer (shafi-i-sharik), a participator in appendages (shafi-i-khalit) and a mere neighbour (shafi-i-jar) all claim, the order of priority is that
athe neighbour has the first preference
bthe participator is preferred over the co-sharer
call three rank equally
dthe co-sharer is preferred, followed by the participator, and lastly the neighbour
Answer: D
Under Hanafi law the co-sharer (shafi-i-sharik) ranks first, the participator in immunities and appendages (shafi-i-khalit) second, and the neighbour (shafi-i-jar) only in the absence of the first two classes.
Under the Hanafi school, the mother is entitled to the custody (hizanat) of her son until he completes the age of
afive years
bnine years
cseven years
dpuberty
Answer: C
Under Hanafi law the mother is entitled to the custody of her son until he attains the age of seven years; her custody of a daughter continues until the daughter attains puberty.
Under Sunni (Hanafi) law, a bequest (wasiyat) made by a Muslim in excess of one-third of his net estate is
awholly void as to the excess in all circumstances
bvalid to the extent of the excess if the heirs consent after the testator's death
cvalid only if made in favour of a charity
dvalid only if the testator was childless
Answer: B
A Muslim cannot bequeath more than one-third of the net estate; a bequest of the excess (or to an heir) is valid under Hanafi law only with the consent of the other heirs given after the testator's death.
Under Muslim law, after a valid divorce the wife is required to observe iddat. The principal purpose of the period of iddat is
ato enable the husband to revoke the talaq in every form of divorce
bto permit the recovery of the dower
cto ascertain whether the woman is pregnant and to avoid confusion of parentage
dto obtain the consent of the qazi to remarriage
Answer: C
Iddat is the period of waiting after divorce or death of the husband, its chief object being to ascertain whether the woman is pregnant so as to avoid confusion of parentage; she cannot remarry until it is completed.
Under Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced woman and her former husband may, by a joint declaration, opt to be governed by the provisions of
athe Family Courts Act, 1984
bthe Hindu Adoptions and Maintenance Act, 1956
cthe Special Marriage Act, 1954
dSections 125 to 128 of the Code of Criminal Procedure
Answer: D
Section 5 of the 1986 Act allows the parties, by affidavit or joint declaration, to elect to be governed by Sections 125 to 128 of the Code of Criminal Procedure, 1973, thereby retaining the general maintenance remedy.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife may seek a decree of dissolution on the ground that the whereabouts of the husband have not been known for a period of
aTwo years
bThree years
cSeven years
dFour years
Answer: D
Section 2(i) of the Act allows dissolution where the husband's whereabouts have been unknown for four years, subject to the six-month safeguard under the proviso to Section 2.
A decree passed under the Dissolution of Muslim Marriages Act, 1939 on the ground that the husband's whereabouts are unknown does not take effect for a period of
aSix months from the date of the decree
bThree months from the date of the decree
cOne year from the date of the decree
dNinety days from the date of the decree
Answer: A
The first proviso to Section 2 directs that such a decree shall not take effect for six months, during which the husband may appear and satisfy the court that he is prepared to perform his conjugal duties, whereupon the decree is set aside.
Under Hanafi law, the mother's right of custody (hizanat) over her son terminates when the son completes the age of
aSeven years
bFive years
cTwo years
dPuberty
Answer: A
Among the Hanafis, the mother is entitled to the hizanat of her son until he completes seven years; thereafter custody passes to the father and other paternal relations in order.
A form of talaq which becomes irrevocable only after three pronouncements made during three successive periods of purity (tuhrs), no cohabitation taking place during those periods, is known as
aTalaq-ul-bidaat
bTalaq Hasan
cTalaq Ahsan
dIla
Answer: B
Talaq Hasan is pronounced once in each of three successive tuhrs and becomes irrevocable on the third pronouncement; it is an approved (sunnat) form of talaq.
Under Sunni (Hanafi) law, a Muslim of sound mind who has attained puberty may make a valid will (wasiyat) of his property without the consent of the heirs to the extent of
aOne-half of the estate
bTwo-thirds of the estate
cThe whole of the estate
dOne-third of the estate after payment of debts and funeral expenses
Answer: D
Under Sunni law a testator can bequeath only up to one-third of the net estate (after debts and funeral expenses); a bequest exceeding one-third requires the consent of the heirs given after the testator's death.
The three essentials of a valid gift (hiba) under Muslim law are a declaration by the donor, acceptance by the donee, and
aRegistration of a written instrument
bAttestation by two witnesses
cPayment of consideration
dDelivery of possession of the subject of the gift
Answer: D
A hiba is complete on declaration, acceptance and delivery of possession; writing and registration are not essential, the transfer of possession being the operative requirement.
The period of iddat to be observed by a Muslim widow whose marriage was consummated, on the death of her husband, is
aThree lunar months
bFour months and ten days
cThree menstrual courses
dUntil delivery of the child in every case
Answer: B
On the death of the husband the widow's iddat is four months and ten days; where she is pregnant, however, it continues until delivery if that period is longer.
Under Muslim law, a marriage contracted by a person suffering from a temporary or removable impediment, such as marrying a fifth wife or marrying without witnesses (under Sunni law), is
aVoid (batil) from the beginning
bValid (sahih) in all respects
cIrregular (fasid)
dVoidable at the option of the wife only
Answer: C
A marriage with a removable defect is fasid (irregular) under Sunni law and can be validated by curing the defect; a permanent prohibition makes the marriage batil (void).
A pre-emptor's right (haqq-i-shufa) to acquire immovable property in preference to a stranger purchaser is available to which of the following?
aA monthly tenant of the property
bA mortgagee out of possession
cA co-sharer in the property (shafi-i-sharik)
dA licensee occupying the property
Answer: C
The right of pre-emption belongs to a co-sharer (shafi-i-sharik), a participator in immunities and appendages (shafi-i-khalit), and an owner of adjoining property (shafi-i-jar); a mere tenant or licensee has no such right.
Under Shia law, if a deceased Muslim woman leaves only her husband as her heir, the husband takes
aOnly his Quranic share of one-half, the rest escheating to the State
bOnly one-fourth of the estate
cHis share of one-half, and the remaining half also returns to him by radd
dThe whole estate as a residuary
Answer: C
In Shia law a spouse is normally excluded from the return (radd) when another heir exists, but where the husband is the sole heir he takes his one-half share and the residue also returns to him, taking the entire estate.
The doctrine of aul (increase) in the Muslim law of inheritance is applied when
aA residuary heir excludes a sharer
bThere is a residue left after allotting the fixed shares and no residuary exists
cThe sum of the Quranic shares (fixed shares) exceeds unity, so that each share is proportionately reduced
dThe deceased leaves no sharers but only distant kindred
Answer: C
Aul operates where the total of the prescribed Quranic shares exceeds one; the common denominator is increased so that each sharer's share is proportionately diminished. The converse situation (a residue with no residuary) is governed by radd.
A gift made by a Muslim donor during marz-ul-maut (death-illness) is valid only to the extent of
aOne-half of the donor's estate
bOne-third of the donor's estate, like a bequest, unless heirs consent
cThe whole estate, since possession has been delivered
dTwo-thirds of the donor's estate
Answer: B
A death-bed gift is treated like a will and operates only to the extent of one-third of the estate after debts and funeral expenses; the excess is valid only with the consent of the heirs.
Under Muslim law, the order of priority of guardians for the marriage (jabr) of a minor is correctly stated as
aMother first, then father, then paternal grandfather
bFather, then paternal grandfather, then brother and other paternal relations, then mother and maternal relations
cCourt-appointed guardian first, then father
dMaternal grandfather first, then father
Answer: B
For purposes of marriage, guardianship vests first in the father, then the paternal grandfather (how highsoever), then full brother and other paternal kindred, and only thereafter in the mother and maternal relations.
Under the Muslim Personal Law (Shariat) Application Act, 1937, which one of the following subjects is NOT covered by Section 2, so that Muslim personal law is not applied to it merely by virtue of that section?
aDower (mahr)
bAgricultural land
cWakf other than charities
dDissolution of marriage by talaq
Answer: B
Section 2 of the Shariat Act, 1937 enumerates matters such as marriage, dower, dissolution of marriage, gifts and wakfs, but agricultural land was deliberately excluded as it was a provincial subject beyond the Central Legislature's competence.
Under Section 2(i) of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to a decree for dissolution of her marriage if the whereabouts of the husband have not been known for a period of
atwo years
bthree years
cseven years
dfour years
Answer: D
Section 2(i) allows dissolution where the husband's whereabouts have been unknown for four years; however, a decree on this ground does not take effect for six months, within which the husband may appear and have it set aside.
A muta (temporary) marriage is recognised as valid only under which school of Muslim law?
aHanafi (Sunni) school
bShafii (Sunni) school
cIthna Ashari (Shia) school
dMaliki (Sunni) school
Answer: C
Muta, a marriage for a fixed period with specified dower, is recognised only under the Ithna Ashari Shia school; Sunni schools treat marriage as a permanent union and do not recognise muta.
Which of the following are the three essentials of a valid gift (hiba) under Muslim law?
aWriting, registration and attestation by two witnesses
bDeclaration by the donor, acceptance by the donee and delivery of possession
cConsideration, free consent and a lawful object
dOffer, acceptance and payment of dower
Answer: B
A valid hiba requires a declaration of gift by the donor, acceptance by the donee, and delivery of possession; Muslim law does not make writing or registration essential to the validity of a gift.
Under Muslim law, in the absence of consent of the other heirs, a Muslim may by will (wasiyat) bequeath at most what fraction of his property after payment of debts and funeral expenses?
aOne-third
bOne-half
cOne-fourth
dThe whole of it
Answer: A
Both under Sunni and Shia law, testamentary power is restricted to one-third of the property left after payment of debts and funeral expenses; a bequest exceeding one-third requires the consent of the heirs.
In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman who is unable to maintain herself can claim maintenance from her former husband under
aSection 125 of the Code of Criminal Procedure
bthe Muslim Women (Protection of Rights on Divorce) Act, 1986
cthe Shariat Act, 1937
dthe Dissolution of Muslim Marriages Act, 1939
Answer: A
In Shah Bano, the Court held that Section 125 CrPC applies to all women irrespective of religion, so a divorced Muslim woman unable to maintain herself can claim maintenance even after the iddat period; the 1986 Act was later enacted in response.
In Shayara Bano v. Union of India (2017), the Supreme Court declared which practice unconstitutional?
aPolygamy
bMuta marriage
cNikah halala
dTalaq-e-biddat (instant triple talaq)
Answer: D
By a 3:2 majority the Supreme Court struck down talaq-e-biddat (instant triple talaq) as unconstitutional, holding it was not an essential religious practice and was arbitrary.
Under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, a Muslim husband who pronounces talaq-e-biddat upon his wife is liable to imprisonment which may extend to
athree years
btwo years
cone year
dfive years
Answer: A
Section 4 of the 2019 Act provides for imprisonment up to three years and a fine for pronouncing triple talaq, and by Section 7 the offence is cognizable and non-bailable.
Under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a reasonable and fair provision and maintenance for the divorced woman is to be made and paid by her former husband
afor the whole of her life
bfor a period of three years after divorce
cwithin the iddat period
donly until she remarries
Answer: C
Section 3(1)(a) entitles a divorced woman to a reasonable and fair provision and maintenance to be made and paid to her by her former husband within the iddat period.
Under Hanafi law, the right of pre-emption (shufaa) is available to which of the following classes of persons?
aOnly a co-sharer in the property (shafi-i-sharik)
bOnly the owner of an adjoining property (shafi-i-jar)
cA co-sharer, a participator in appendages and the owner of an adjoining property
dAny person willing to pay a higher price
Answer: C
Hanafi law recognises three classes of pre-emptors: shafi-i-sharik (co-sharer), shafi-i-khalit (participator in appendages such as a right of way), and shafi-i-jar (owner of contiguous property); Shia law recognises only the co-sharer.
Under Sunni (Hanafi) law, a marriage with a fifth wife while four wives are subsisting is
avoid (batil)
birregular (fasid)
cperfectly valid
dvoidable at the option of the fifth wife
Answer: B
Under Hanafi law, marrying a fifth wife is an irregularity (fasid), not a void marriage, since the bar is not perpetual; it can be cured, for instance, by divorcing one of the existing four wives.
A divorced Muslim woman is required to observe a waiting period (iddat) before she may lawfully contract another marriage. The primary purpose of iddat is to
aenable recovery of the dower
bascertain whether she is pregnant by the former husband
cobtain the consent of the qazi
dcomplete the registration of the divorce
Answer: B
Iddat is the prescribed waiting period after divorce or the husband's death, observed chiefly to ascertain whether the woman is pregnant, thereby avoiding confusion of parentage; she may remarry only after its completion.
Dower (mahr) under Muslim law is best described as
aa gift made voluntarily by the wife to the husband
bmaintenance payable only after divorce
cconsideration paid by the bride's family to the groom
da sum of money or property payable by the husband to the wife as an incident of the marriage
Answer: D
Mahr is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage; it may be prompt or deferred and is a right of the wife, not a payment by her family.
Consanguinity, affinity and fosterage under Muslim law operate as
agrounds for dissolution of an existing marriage only
brelative prohibitions that make a marriage merely irregular
cabsolute prohibitions (bars) to marriage
dconditions for a valid muta marriage
Answer: C
Consanguinity (blood relationship), affinity (relationship through marriage) and fosterage (relationship through milk) are absolute prohibitions; a marriage within these degrees is void (batil).
Under the Muslim Personal Law (Shariat) Application Act, 1937, which one of the following matters does NOT fall within the rule of decision laid down by Section 2 when both parties are Muslims?
aIntestate succession
bDissolution of marriage including talaq and khula
cQuestions relating to agricultural land
dDower and maintenance
Answer: C
Section 2 of the 1937 Act expressly excludes questions relating to agricultural land from the matters governed by Muslim Personal Law; the other listed matters are all covered.
A Muslim widow whose marriage was consummated and who is not pregnant must observe iddat, on the death of her husband, for a period of
aFour months and ten days
bThree menstrual courses
cThree months
dUntil delivery of the child
Answer: A
On the death of the husband the iddat of a non-pregnant widow is four months and ten days; the three-courses rule applies to divorce and the delivery rule applies only where the woman is pregnant.
Under Hanafi (Sunni) law, the mother is entitled to the custody (hizanat) of her minor son until he
aCompletes the age of eighteen years
bAttains puberty
cCompletes the age of two years
dCompletes the age of seven years
Answer: D
Under Hanafi law the mother's right of hizanat over a son continues until he completes seven years; over a daughter it continues until she attains puberty.
Under Hanafi law the minimum amount of dower (mahr) that may be fixed is
aTen dirhams
bThree dirhams
cFive hundred dirhams
dThere is no minimum
Answer: A
Under Hanafi law the minimum dower is fixed at ten dirhams; under Maliki law it is three dirhams, and Shia law prescribes no minimum but caps the proper dower at 500 dirhams.
A talaq which becomes irrevocable immediately upon pronouncement, so that the parties cannot resume cohabitation during iddat without a fresh marriage, is known as
aTalaq Ahsan
bTalaq-ul-bain
cTalaq Hasan
dTalaq-i-tafweez
Answer: B
Talaq-ul-bain (bain meaning irrevocable) operates at once and cannot be revoked during iddat, whereas talaq ahsan and hasan are revocable (talaq-ul-raj'i) until iddat expires.
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife may obtain a decree dissolving her marriage on the ground that the whereabouts of the husband have not been known for a period of
aFour years
bThree years
cTwo years
dSeven years
Answer: A
Section 2(i) of the 1939 Act allows dissolution where the husband's whereabouts have been unknown for four years; failure to maintain for two years and a sentence of seven years' imprisonment are separate grounds.
Under the Dissolution of Muslim Marriages Act, 1939, the failure of the husband to provide maintenance for his wife entitles her to a decree of dissolution where such failure has continued for a period of
aOne year
bTwo years
cThree years
dFour years
Answer: B
Section 2(ii) of the 1939 Act makes neglect or failure to provide maintenance for two years a ground for dissolution at the wife's instance.
A muta (temporary) marriage for a fixed period is recognised as valid
aOnly among Shias of the Ithna Ashari school
bAmong Sunnis of all four schools
cUnder Hanafi law alone
dBy no school of Muslim law in India
Answer: A
Muta is a marriage for a fixed term recognised only under the Ithna Ashari (Shia) school; it is void under Sunni law, where all four schools treat marriage as permanent.
Under Sunni (Hanafi) law a Muslim, by his will, may bequeath without the consent of his heirs
aUp to one-third of his property after debts and funeral expenses
bOne-half of his property
cThe whole of his property
dTwo-thirds of his property
Answer: A
A Muslim's testamentary power is limited to one-third of the net estate after payment of debts and funeral expenses; a bequest beyond that bare third requires the consent of the heirs.
In Shamim Ara v. State of U.P. (2002), the Supreme Court held that a talaq by a Muslim husband is not effective to dissolve the marriage unless
aIt is for a reasonable cause and preceded by attempts at reconciliation
bIt is pronounced thrice in one sitting
cIt is registered with the Qazi
dIt is consented to by the wife
Answer: A
In Shamim Ara the Court held that a mere pronouncement of talaq is ineffective unless it is for reasonable cause and preceded by attempts at reconciliation between the spouses.
In Shayara Bano v. Union of India (2017), the Supreme Court declared which form of talaq to be unconstitutional?
aTalaq Ahsan
bTalaq-e-biddat (instant triple talaq)
cTalaq Hasan
dTalaq-i-tafweez
Answer: B
In Shayara Bano the Supreme Court struck down talaq-e-biddat (instantaneous triple talaq) as unconstitutional; talaq ahsan and hasan, being approved revocable forms, were not affected.
Under Muslim law the natural guardian of the person and property of a minor is
aThe mother
bThe de facto guardian
cThe maternal grandfather
dThe father
Answer: D
The father is the natural (legal) guardian of a minor's person and property; the mother, though entitled to custody (hizanat), is not the natural guardian.
In the law of pre-emption (shufa), the demand which the pre-emptor must make immediately on learning of the sale is called
aTalab-i-ishhad
bTalab-i-muwasibat
cTalab-i-tamlik
dTalab-i-khusumat
Answer: B
The first demand, talab-i-muwasibat, must be asserted immediately on hearing of the sale; it is followed by talab-i-ishhad (made before witnesses) and, if needed, the demand enforced by suit.
aPayable only on dissolution of marriage by death or divorce
bPayable immediately on demand and may be claimed before consummation
cPayable only after the wife observes iddat
dNever enforceable in a court of law
Answer: B
Prompt dower is payable on demand at any time, and the wife may even refuse to enter the conjugal home or allow consummation until it is paid; deferred dower is what becomes payable on death or divorce.
Under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, the Shariat is made the rule of decision in all the enumerated matters EXCEPT questions relating to
aagricultural land
bdower and maintenance
cgifts and trusts
dguardianship of minors
Answer: A
Section 2 of the Shariat Act, 1937 applies Muslim Personal Law to the listed matters 'save questions relating to agricultural land', which was expressly excluded from its operation.
Under Section 2(i) of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife may obtain a decree for dissolution of her marriage on the ground that the whereabouts of the husband have not been known for a period of
atwo years
bthree years
cfour years
dseven years
Answer: C
Section 2(i) of the 1939 Act allows a decree where the husband's whereabouts have been unknown for four years; such a decree does not take effect for six months, during which the husband may appear and have it set aside.
The iddat to be observed by a Muslim widow (not pregnant) on the death of her husband is
athree lunar months
bthree menstrual courses
cuntil delivery in every case
dfour months and ten days
Answer: D
On a husband's death the widow's iddat is four lunar months and ten days (Quran 2:234); if she is pregnant it lasts until delivery, whichever is later.
The three essential requisites of a valid gift (hiba) under Muslim law are
adeclaration, acceptance and delivery of possession
bdeclaration, registration and consideration
cwriting, attestation and registration
doffer, consideration and acceptance
Answer: A
A valid hiba requires a declaration (ijab) by the donor, acceptance (qabul) by the donee, and delivery of possession (qabza); writing or registration is not essential to its validity.
Under Sunni (Hanafi) law a Muslim may bequeath by will, without the consent of his heirs, not more than
aone-fourth of his estate
bthe whole of his estate
cone-half of his estate
done-third of his estate after debts and funeral expenses
Answer: D
A Muslim's testamentary power is limited to one-third of the net estate (after debts and funeral expenses); a bequest exceeding this is valid as to the excess only with the heirs' consent.
Under the Hanafi (Sunni) school, a valid marriage requires the marriage contract to be made in the presence of
ano witness at all
btwo female witnesses only
ctwo male witnesses, or one male and two female witnesses
dfour male witnesses
Answer: C
Under Hanafi law a valid nikah requires two competent male witnesses, or one male and two female witnesses; the Shia (Ithna Ashari) school requires no witnesses to the contract.
A muta (temporary) marriage is recognised as valid only among
athe Hanafi Sunnis
bthe Ithna Ashari Shias
cthe Shafi'i Sunnis
dall schools of Muslim law
Answer: B
Muta, a marriage for a fixed period with specified dower, is recognised only by the Ithna Ashari (Twelver) Shia school; it is void under Sunni law, which requires an immediate and permanent union.
In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman unable to maintain herself is entitled to claim maintenance beyond the iddat period under
athe Shariat Act, 1937
bthe Dissolution of Muslim Marriages Act, 1939
cSection 125 of the Code of Criminal Procedure
dher right to deferred dower only
Answer: C
In Shah Bano the Supreme Court held that Section 125 CrPC, being a secular provision, applies to a divorced Muslim woman who cannot maintain herself, entitling her to maintenance beyond iddat.
Under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to a reasonable and fair provision and maintenance to be made and paid to her by her former husband
afor her entire life
bwithin the period of iddat
conly until she remarries
dfor a period of three years
Answer: B
Section 3(1)(a) of the 1986 Act entitles the divorced woman to a reasonable and fair provision and maintenance to be made and paid within the iddat period by her former husband.
Of the following persons entitled to claim the right of pre-emption (shufaa), who ranks lowest in priority?
aShafi-i-sharik (co-sharer in the property)
bShafi-i-khalit (participator in appendages)
cAll three rank equally
dShafi-i-jar (owner of adjoining property)
Answer: D
The three classes of pre-emptors rank in order of priority: shafi-i-sharik (co-sharer), then shafi-i-khalit (participator in immunities/appendages), and lastly shafi-i-jar (adjoining owner).
Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, the fact that a person was born during the continuance of a valid marriage, or within a stated period after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy. That period is
a180 days
b270 days
c280 days
dtwo years
Answer: C
Section 116 BSA, 2023 (formerly Section 112 of the Evidence Act) makes birth within 280 days of dissolution of marriage, the mother remaining unmarried, conclusive proof of legitimacy unless non-access is shown.
A marriage with a fifth wife by a Muslim already having four wives is, under Sunni law,
airregular (fasid)
bvalid (sahih)
cvoid (batil)
dvoidable at the wife's option
Answer: A
Under Sunni law marriage with a fifth wife is not void but merely irregular (fasid); the irregularity can be cured by divorcing one of the existing four wives. Under Shia law such a marriage is void.
Where the amount of dower (mahr) is not fixed at the time of a Muslim marriage, the wife is nonetheless entitled to
ano dower at all
bdower equal to the maximum fixed by law
conly the prompt portion of a notional sum
dproper dower (mahr-i-misl)
Answer: D
Even if no dower is specified, the wife is entitled to proper or customary dower (mahr-i-misl), determined with reference to the dower of female members of her father's family of like standing.
bdissolution of marriage by mutual consent / at the wife's instance
cjudicial divorce by the court only
dirregular marriage
Answer: B
Khula is a divorce at the instance of the wife in consideration of releasing or returning her dower, while mubaraat is a dissolution by mutual consent of the spouses; both are recognised under the Shariat Act, 1937.
Under Muslim law, the doctrine of acknowledgment of paternity (iqrar) can confer legitimacy on a child only where
athe illegitimacy of the child is clearly proved
bthe child is admittedly the offspring of zina (fornication)
cthe marriage of the parents is neither proved nor disproved
dthe acknowledger expressly declares the child to be illegitimate
Answer: C
Acknowledgment of paternity raises a presumption of a lawful marriage only where the child's legitimacy is uncertain (marriage neither proved nor disproved); it cannot legitimise a child known to be the offspring of zina.
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim law is entitled to a decree for dissolution of her marriage if the whereabouts of the husband have not been known for a period of
afour years
bthree years
ctwo years
dseven years
Answer: A
Section 2(i) of the Dissolution of Muslim Marriages Act, 1939 allows the wife a decree of dissolution where the husband's whereabouts have not been known for four years. (Imprisonment for seven years and failure of maintenance for two years are separate grounds.)
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife may seek a decree for dissolution of marriage on the ground that the husband has failed to provide for her maintenance for a period of
atwo years
bone year
cthree years
dfour years
Answer: A
Section 2(ii) of the Act entitles the wife to a decree where the husband has neglected or failed to provide for her maintenance for a period of two years.
In Shamim Ara v. State of U.P. (2002), the Supreme Court held that a mere plea of talaq taken in the written statement of the husband
aoperates as a valid talaq from the date of the suit
bcannot by itself be treated as proof of a valid talaq
cis conclusive proof of dissolution of marriage
dis valid only if the wife admits it
Answer: B
In Shamim Ara, the Supreme Court held that a mere plea of a previous talaq in the written statement, unsubstantiated, cannot be accepted as proof of talaq; a valid talaq must be for reasonable cause and preceded by attempts at reconciliation.
In Shayara Bano v. Union of India (2017), the practice of talaq-e-biddat (instant triple talaq) was struck down by the Supreme Court by a majority of
a5:0
b4:1
c2:1
d3:2
Answer: D
A five-Judge Constitution Bench in Shayara Bano struck down talaq-e-biddat as unconstitutional by a 3:2 majority, holding it was not protected by Article 25 and was manifestly arbitrary.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, a Muslim husband who pronounces talaq-e-biddat upon his wife is liable to imprisonment which may extend to
athree years
btwo years
cone year
dseven years
Answer: A
The 2019 Act makes pronouncement of talaq-e-biddat void and illegal, and a cognizable offence punishable with imprisonment which may extend to three years and a fine.
In Danial Latifi v. Union of India (2001), the Supreme Court, while upholding the Muslim Women (Protection of Rights on Divorce) Act, 1986, held that the husband's obligation to make a reasonable and fair provision for the divorced wife
aextends beyond the iddat period and is to be made within the iddat period
bis confined strictly to the period of iddat
cceases the moment talaq is pronounced
darises only if the wife is unable to maintain herself
Answer: A
In Danial Latifi the Supreme Court read down the 1986 Act to hold that the husband must make a reasonable and fair provision for the divorced wife's future, extending beyond the iddat period, though arranged within the iddat period.
The Muslim Personal Law (Shariat) Application Act, 1937, in its application of Muslim Personal Law to the matters enumerated in Section 2, expressly excludes questions relating to
aagricultural land
bdower
cwakf
dguardianship
Answer: A
Section 2 of the Shariat Act, 1937 applies Muslim Personal Law to matters such as marriage, dower, guardianship and wakf, but expressly excludes questions relating to agricultural land, which was a provincial subject.
Under Hanafi law, the right of hizanat (custody) of a mother over her son terminates when the son completes the age of
aseven years
btwo years
cpuberty
deighteen years
Answer: A
Under Hanafi law the mother's right of hizanat over her son ends when he completes seven years, after which custody passes to the father; in the case of a daughter it continues until she attains puberty.
Under Hanafi law, the right of hizanat of the mother over her daughter continues until the daughter
acompletes seven years
bcompletes eighteen years
cattains puberty
dis married
Answer: C
Among the Hanafis the mother is entitled to the custody of her daughter until the daughter attains puberty; thereafter the father becomes entitled to custody.
Under Muslim law, a Muslim may by will (wasiyat) bequeath, without the consent of his heirs, not more than
aone-third of his property after payment of debts and funeral expenses
btwo-thirds of his property
cone-half of his property
dthe whole of his property
Answer: A
Both under Sunni and Shia law the testamentary power of a Muslim is restricted to one-third of the property remaining after payment of debts and funeral expenses; any bequest beyond one-third requires the consent of the heirs.
Under Sunni (Hanafi) law, a bequest by will in favour of one of the testator's own heirs is
avalid up to one-third even without the consent of the other heirs
bvalid only if it does not exceed one-half
cinvalid unless the other heirs consent to it after the testator's death
dalways void in every circumstance
Answer: C
Under Sunni law a bequest to an heir is not valid unless the other heirs consent to it after the death of the testator; under Shia law such a bequest is valid up to one-third even without consent.
The right of pre-emption (shufaa) under Muslim law can be claimed by which of the following classes of persons?
aOnly a co-sharer in the property
bShafi-i-sharik (co-sharer), shafi-i-khalit (participator in appendages) and shafi-i-jar (owner of adjoining property)
cOnly an owner of adjoining property
dAny member of the same community as the seller
Answer: B
Under Sunni (Hanafi) law three classes may claim pre-emption: the shafi-i-sharik (co-sharer), the shafi-i-khalit (participator in immunities and appendages) and the shafi-i-jar (owner of adjoining property).
Under Shia law, the right of pre-emption (shufaa) is recognised only in favour of
aa co-sharer (shafi-i-sharik), and that too only where the co-owners are two in number
bthe owner of adjoining property (shafi-i-jar)
ca participator in appendages (shafi-i-khalit)
dall three classes of pre-emptors as in Sunni law
Answer: A
Shia law does not recognise pre-emption on the basis of vicinage or participation in appendages; the right is confined to a co-sharer (shafi-i-sharik), and only where the co-owners of the property are limited to two.
A Muslim husband, of sound mind and having attained puberty, who marries a fifth wife while four wives subsisting under Sunni (Hanafi) law contracts a marriage which is
avoid (batil)
bvalid (sahih)
cirregular (fasid)
dvoidable at the option of the fifth wife
Answer: C
Under Sunni law a marriage with a fifth wife, in addition to four subsisting marriages, is not void but irregular (fasid); the irregularity can be cured by divorcing one of the existing wives. (Under Shia law such a marriage is void.)
Under the Negotiable Instruments Act, 1881, the expression 'negotiable instrument' as defined in Section 13 means a
acheque alone, when crossed and marked 'not negotiable'
bpromissory note or bill of exchange only, whether or not payable to order
cpromissory note, bill of exchange or cheque payable either to order or to bearer
dhundi, bond or share certificate transferable by delivery
Answer: C
Section 13 defines a negotiable instrument to mean a promissory note, bill of exchange or cheque payable either to order or to bearer. The Act recognises only these three principal instruments.
Where the sum payable on a negotiable instrument is stated differently in figures and in words, Section 18 of the Negotiable Instruments Act, 1881 provides that
athe instrument becomes void for uncertainty
bthe amount stated in figures shall be the amount payable
cthe larger of the two amounts shall be payable
dthe amount stated in words shall be the amount payable
Answer: D
Under Section 18, where the amount is stated differently in figures and words, the amount stated in words is the amount undertaken or ordered to be paid.
A cheque, as defined under Section 6 of the Negotiable Instruments Act, 1881, is a
awritten order accepted by the drawee bank before it can be presented
bbill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand
cbill of exchange drawn on any person and payable after sight
dpromissory note drawn on a banker payable at a future date
Answer: B
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand; it now also includes the electronic image of a truncated cheque and a cheque in electronic form.
Under Section 9 of the Negotiable Instruments Act, 1881, a person can be a 'holder in due course' only if he became possessor of the instrument
aby gift, at any time, provided he acted in good faith
bas an agent of the payee, irrespective of consideration
cafter the amount became payable, for consideration, and with knowledge of the title
dfor consideration, before the amount became payable, and without sufficient cause to believe any defect existed in the transferor's title
Answer: D
Section 9 requires that the holder in due course take the instrument for consideration, before maturity, and without sufficient cause to believe that any defect existed in the title of the transferor.
When the day on which a promissory note or bill of exchange is at maturity falls on a public holiday, Section 25 of the Negotiable Instruments Act, 1881 provides that the instrument shall be deemed due on
athe same day, the holiday notwithstanding
bthe next succeeding business day
cthe third business day following maturity
dthe next preceding business day
Answer: D
Section 25 provides that where the day of maturity is a public holiday (which includes Sundays), the instrument is deemed to be due on the next preceding business day.
Any material alteration of a negotiable instrument, under Section 87 of the Negotiable Instruments Act, 1881, renders it
avalid, provided the alteration is initialled by the maker
bvoidable at the option of the holder in due course
cvoid as against anyone who was a party at the time of alteration and did not consent to it
dvoid only as against the person who made the alteration
Answer: C
Under Section 87, a material alteration renders the instrument void against any party who was a party at the time of alteration and did not consent, unless made to carry out the common intention of the original parties.
Under Section 31 of the Negotiable Instruments Act, 1881, a banker (drawee) who has sufficient funds of the drawer properly applicable to payment of a cheque, but who wrongfully dishonours it, is liable to compensate
athe drawer for any loss or damage caused by the default
bthe payee for the full amount of the cheque
cthe holder in due course alone
dno one, the relationship being purely contractual with the drawer
Answer: A
Section 31 makes the drawee bank, having sufficient funds, liable to compensate the drawer (not the payee) for any loss or damage caused by wrongful dishonour of the cheque.
Where a cheque bears across its face merely two parallel transverse lines, with or without the words 'not negotiable', the crossing is, under the Negotiable Instruments Act, 1881, a
ageneral crossing under Section 123
bspecial crossing under Section 124
crestrictive crossing under Section 130
daccount-payee crossing recognised by Section 131A
Answer: A
Section 123 provides that two parallel transverse lines (with or without 'not negotiable' or 'and company') constitute a general crossing. A special crossing under Section 124 requires the name of a banker.
A cheque is special crossed within the meaning of Section 124 of the Negotiable Instruments Act, 1881 where it bears across its face
atwo parallel transverse lines without any name
bthe name of a banker, with or without the words 'not negotiable'
cthe words 'account payee only' alone
dthe words 'and company' between two parallel lines
Answer: B
Under Section 124, the addition of the name of a banker across the face of the cheque constitutes a special crossing, and such a cheque is payable only to the banker so named.
An offence under Section 138 of the Negotiable Instruments Act, 1881 is punishable with imprisonment which may extend to
athree years and fine, imprisonment being mandatory
btwo years, or with fine which may extend to twice the amount of the cheque, or with both
cone year, or with fine equal to the amount of the cheque, or with both
dsix months, or with fine which may extend to the amount of the cheque, or with both
Answer: B
Section 138 prescribes imprisonment up to two years, or fine up to twice the cheque amount, or both, for dishonour of a cheque for insufficiency of funds.
To attract liability under Section 138 of the Negotiable Instruments Act, 1881, the payee must, after receiving information of dishonour, make a written demand for payment by notice to the drawer within
a90 days of the date of the cheque
b30 days of receiving information of the dishonour from the bank
cone month of the dishonour
d15 days of the dishonour
Answer: B
The proviso (b) to Section 138 requires the payee to give a written demand notice within 30 days of receiving information of dishonour from the bank.
Under Section 138 of the Negotiable Instruments Act, 1881, the cause of action to prosecute the drawer arises only if the drawer fails to make payment within
a15 days of receipt of the demand notice
b30 days of receipt of the demand notice
cone month of the dishonour of the cheque
d7 days of receipt of the demand notice
Answer: A
Proviso (c) to Section 138 provides that the offence is complete only when the drawer fails to pay within 15 days of receipt of the demand notice; the cause of action arises on expiry of that period.
Under Section 142 of the Negotiable Instruments Act, 1881, a court can take cognizance of an offence under Section 138 only upon a written complaint made by the payee or holder in due course, filed within
athree months of the date of the cheque
b15 days of the dishonour of the cheque
cone month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
dsix months of the receipt of the demand notice
Answer: C
Section 142(1)(b) requires the complaint to be filed within one month of the date on which the cause of action arises under proviso clause (c) to Section 138, and no court below a Judicial Magistrate of the first class may try it.
In a trial under Section 138, the Court trying the offence may, under Section 143A of the Negotiable Instruments Act, 1881, direct the drawer to pay interim compensation not exceeding
a100 per cent of the amount of the cheque
b20 per cent of the amount of the cheque
c50 per cent of the amount of the cheque
d10 per cent of the amount of the cheque
Answer: B
Section 143A, inserted by the 2018 Amendment, empowers the Court to order interim compensation not exceeding twenty per cent of the cheque amount, payable within 60 days of the order.
The Supreme Court in Rangappa v. Sri Mohan, (2010) 11 SCC 441, held that the presumption under Section 139 of the Negotiable Instruments Act, 1881 in favour of the holder of a cheque
ais irrebuttable once the cheque is proved to be signed
bincludes the existence of a legally enforceable debt or liability, though it is rebuttable
cextends only to the genuineness of the drawer's signature
ddoes not arise unless the complainant first proves the debt
Answer: B
In Rangappa v. Sri Mohan the Supreme Court held that the Section 139 presumption includes the existence of a legally enforceable debt or liability, but it is a rebuttable presumption which the accused may displace.
Under the Negotiable Instruments Act, 1881, a cheque is defined as a bill of exchange drawn on a specified banker and
anot expressed to be payable otherwise than on demand
bpayable only after three days of grace
cpayable at sight or on presentment after acceptance
dpayable only to a banker named on its face
Answer: A
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand; the definition also covers a cheque in electronic form and a truncated cheque.
Which section of the Negotiable Instruments Act, 1881 makes the dishonour of a cheque for insufficiency of funds a punishable offence?
aSection 118
bSection 147
cSection 142
dSection 138
Answer: D
Section 138 penalises dishonour of a cheque for insufficiency of funds in the account, punishable with imprisonment up to two years or fine up to twice the cheque amount, or both.
For an offence under Section 138 of the Negotiable Instruments Act, after the cheque is returned unpaid, the payee must make a written demand for payment by notice to the drawer within
athirty days of receipt of information of return
bfifteen days of receipt of information of return
cforty-five days of receipt of information of return
dninety days of receipt of information of return
Answer: A
Under the proviso to Section 138, the payee or holder in due course must make a demand by notice in writing within thirty days of receiving information from the bank about the return of the cheque as unpaid.
After receipt of the demand notice under Section 138 of the Negotiable Instruments Act, the drawer must make payment within how many days for the offence not to be complete?
aSeven days
bFifteen days
cThirty days
dForty-five days
Answer: B
The offence under Section 138 is completed only if the drawer fails to pay the amount within fifteen days of receipt of the demand notice; payment within that period bars prosecution.
A 'holder in due course' under Section 9 of the Negotiable Instruments Act, 1881 must have obtained possession of the instrument
afor consideration, before it became overdue and without notice of any defect in the transferor's title
bwithout consideration but before maturity
cfor consideration but only after it became overdue
dby operation of law on the death of the payee
Answer: A
Section 9 requires that a holder in due course take the instrument for consideration, become its possessor before it became overdue, and without notice that the transferor's title was defective.
Where the amount payable on a negotiable instrument is stated differently in figures and in words, Section 18 of the Act provides that
athe amount in figures shall prevail
bthe lower of the two amounts shall be payable
cthe instrument is void for uncertainty
dthe amount in words shall prevail
Answer: D
Section 18 provides that if the sum is stated differently in figures and in words, the amount stated in words is the amount undertaken or ordered to be paid.
Under Section 26 of the Negotiable Instruments Act, 1881, a minor may draw, indorse, deliver and negotiate a negotiable instrument so as to
abind himself and all other parties
bbind only his natural guardian
cbind no party at all, the instrument being void
dbind all parties except himself
Answer: D
Section 26 allows a minor to draw, indorse, deliver and negotiate an instrument so as to bind all parties except himself, since he cannot incur personal liability on it.
Under Section 87 of the Negotiable Instruments Act, 1881, a material alteration of a negotiable instrument, made without the consent of a party, renders the instrument
avoid as against any party who was a party at the time of alteration and did not consent
bvoidable at the option of the holder
cvalid but unenforceable against the drawee bank
dvalid as if no alteration had been made
Answer: A
Section 87 makes a material alteration void as against any one who was a party at the time of the alteration and did not consent, unless it was made to carry out the common intention of the original parties.
A cheque bearing across its face two parallel transverse lines with or without the words 'and company' is, under Section 123,
acrossed specially
ba not-negotiable cheque only
can account payee cheque
dcrossed generally
Answer: D
Section 123 provides that the addition of two parallel transverse lines, with or without the words 'and company' or any abbreviation thereof, constitutes a general crossing.
Where a cheque bears across its face an addition of the name of a banker, it is, under Section 124, deemed to be
acrossed generally
ban account payee cheque
can open cheque payable across the counter
dcrossed specially to that banker
Answer: D
Section 124 provides that the addition of a banker's name across the face of a cheque, with or without the words 'not negotiable', is a special crossing to that banker.
Under Section 11 of the Negotiable Instruments Act, 1881, an instrument is an 'inland instrument' if it is
adrawn and payable in any SAARC country
bdrawn outside India but payable in India
cdrawn in India but payable outside India only
ddrawn or made in India and made payable in, or drawn upon a person resident in, India
Answer: D
Section 11 defines an inland instrument as a promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in, India.
The drawee of a cheque who has sufficient funds of the drawer properly applicable to its payment and who, when duly required, defaults in paying it is, under Section 31, liable to
acriminal prosecution by the payee
bno liability, the remedy being only against the drawer
cpay double the amount of the cheque to the holder
dcompensate the drawer for any loss or damage caused by such default
Answer: D
Section 31 makes the drawee bank, having sufficient funds, bound to pay the cheque and liable to compensate the drawer for any loss or damage caused by its default in paying.
Under Section 118 of the Negotiable Instruments Act, 1881, until the contrary is proved, it is presumed that every negotiable instrument was made or drawn
awithout consideration
bafter its stated date
cby a holder in due course
dfor consideration
Answer: D
Section 118 raises a presumption, until the contrary is proved, that every negotiable instrument was made or drawn for consideration.
When the holder of a negotiable instrument signs it, otherwise than as a maker, for the purpose of negotiation, the operation is, under Section 14, termed
anegotiation
bacceptance
cpresentment
ddischarge
Answer: A
Section 14 provides that when a promissory note, bill of exchange or cheque is transferred to any person so as to constitute that person the holder thereof, the instrument is said to be negotiated.
Under the Indian Partnership Act, 1932, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by
aall or any of them acting for all
ball of them only, acting jointly
cany one of them acting for himself
da managing partner acting for the others
Answer: A
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all, which embodies the principle of mutual agency.
The true test of partnership, namely the existence of mutual agency rather than mere sharing of profits, was laid down in
aWaugh v. Carver
bGarner v. Murray
cCox v. Hickman
dMohori Bibee v. Dharmodas Ghose
Answer: C
In Cox v. Hickman (1860), the House of Lords held that participation in profits is not a decisive test and that mutual agency is the true test of partnership, overruling Waugh v. Carver.
Under Section 6 of the Indian Partnership Act, 1932, the sharing of profits by persons holding a joint or common interest in property
aof itself makes such persons partners
bdoes not of itself make such persons partners
cconclusively proves a partnership
dcreates an irregular partnership
Answer: B
Section 6 provides that the sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners.
Where no provision is made by contract between the partners for the duration of their partnership, the partnership is called a
aparticular partnership
blimited partnership
cpartnership at will
dgeneral partnership
Answer: C
Section 7 provides that where no provision is made for the duration or determination of the partnership, it is a 'partnership at will', which can be dissolved by any partner giving notice to the others.
Under Section 19(2) of the Indian Partnership Act, 1932, in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does NOT empower him to
abuy goods on behalf of the firm in the usual course of business
bengage a servant for the business of the firm
creceive payment of debts due to the firm
dsubmit a dispute relating to the business of the firm to arbitration
Answer: D
Section 19(2) expressly excludes from a partner's implied authority acts such as submitting a dispute to arbitration, acquiring or transferring immovable property, and compromising a claim, unless there is a contrary trade usage.
Under Section 25 of the Indian Partnership Act, 1932, every partner is liable for all acts of the firm done while he is a partner
ajointly only with the other partners
bseverally only
cjointly with all the other partners and also severally
donly to the extent of his share in the firm
Answer: C
Section 25 fixes the liability of every partner jointly with all the other partners and also severally for all acts of the firm done while he is a partner.
A person who is a minor according to the law to which he is subject
amay be a full partner if all partners consent
bmay, with the consent of all the partners, be admitted to the benefits of partnership
ccan never be associated with a partnership firm in any manner
dbecomes a partner automatically on his father's death
Answer: B
Section 30(1) provides that a minor may not be a partner, but with the consent of all the partners for the time being he may be admitted to the benefits of partnership.
A minor admitted to the benefits of partnership under Section 30 of the Indian Partnership Act, 1932 is
aliable only to the extent of his share in the property and profits of the firm
bpersonally liable for all the debts of the firm
cliable jointly and severally with the other partners
dwholly free from any liability whatsoever
Answer: A
Under Section 30, a minor's liability is limited to his share in the property and profits of the firm; he is not personally liable for the firm's acts during his minority.
Within what period after attaining majority (or knowledge of his admission, whichever is later) may a person who was admitted to the benefits of partnership elect whether or not to become a partner?
aThree months
bOne year
cSix months
dTwo years
Answer: C
Section 30(5) gives such person six months from attaining majority, or from obtaining knowledge of his admission, whichever is later, to give public notice of his election; failing which he becomes a partner.
A retiring partner continues to be liable to third parties for acts of the firm done after his retirement until
athe firm's accounts are finally settled
bpublic notice of his retirement is given
ca new partnership deed is registered
dsix months have elapsed from his retirement
Answer: B
Under Section 32, a retiring partner and the remaining partners continue to be liable to third parties for acts which would have been acts of the firm until public notice of the retirement is given.
The dissolution of partnership between ALL the partners of a firm is, under Section 39 of the Indian Partnership Act, 1932, called the
aretirement of partners
breconstitution of the firm
cdissolution of the firm
dsuspension of the firm
Answer: C
Section 39 defines 'dissolution of the firm' as the dissolution of partnership between all the partners of a firm, as distinguished from a mere change in its constitution.
Subject to contract between the partners, under Section 42 of the Indian Partnership Act, 1932 a firm is dissolved by
athe retirement of a partner
bthe transfer of a partner's interest
cthe death of a partner
dthe admission of a new partner
Answer: C
Section 42 provides that, subject to contract between the partners, a firm is dissolved on the happening of certain contingencies including the death of a partner and the adjudication of a partner as insolvent.
Under Section 69(2) of the Indian Partnership Act, 1932, a suit to enforce a right arising from a contract by a firm against a third party cannot be instituted unless
athe firm has at least three partners
bthe contract is in writing
cthe firm is registered and the persons suing are shown as partners in the Register of Firms
dthe firm has obtained a trade licence
Answer: C
Section 69(2) bars a suit by or on behalf of a firm against a third party to enforce a contractual right unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners.
On dissolution, the deficiency in the capital account of an insolvent partner is, under the rule in Garner v. Murray, borne by the solvent partners in their
aprofit-sharing ratio
bratio of loans advanced to the firm
cequal shares irrespective of capital
dcapital ratio
Answer: D
The rule in Garner v. Murray treats the deficiency of an insolvent partner as a capital loss to be borne by the solvent partners in the ratio of their capitals standing before dissolution, not in the profit-sharing ratio.
Under the Indian Partnership Act, 1932, the definition of "partnership", "partner", "firm" and "firm name" is contained in
aSection 3
bSection 5
cSection 4
dSection 6
Answer: C
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; it also defines partner, firm and firm name.
According to Section 5 of the Indian Partnership Act, 1932, the relation of partnership arises from
astatus
boperation of law
ccontract
deither status or contract
Answer: C
Section 5 declares that the relation of partnership arises from contract and not from status; members of a Hindu undivided family carrying on a family business as such are not partners.
Where no provision is made by contract between the partners for the duration or determination of their partnership, the partnership is, under the Indian Partnership Act, 1932, called a
aparticular partnership
bfixed-term partnership
climited partnership
dpartnership at will
Answer: D
Section 7 defines partnership at will as one where no provision is made by contract for the duration or for the determination of the partnership.
A partnership in which a person becomes a partner with another in particular adventures or undertakings is dealt with under which section of the Indian Partnership Act, 1932?
aSection 6
bSection 7
cSection 9
dSection 8
Answer: D
Section 8 provides that a person may become a partner with another in particular adventures or undertakings, which is termed a particular partnership.
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