Bihar Judiciary · Prelims Mock Test 6

Bihar Judiciary Mock Test 6 — Questions & Solutions

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Q1General Studies / GK

Dr. Rajendra Prasad, the first President of India, hailed from which State?

aUttar Pradesh
bBihar
cBengal
dMaharashtra
Answer: B
Dr. Rajendra Prasad, India's first President (1950-1962), was born at Ziradei in the Siwan district of Bihar.
Q2General Studies / GK

Under the Constitution of India, the maximum age of retirement for a Judge of a High Court is

a60 years
b65 years
c62 years
d70 years
Answer: C
Article 217 of the Constitution provides that a High Court Judge holds office until the age of 62 years, while a Supreme Court Judge retires at 65 under Article 124.
Q3General Studies / GK

The Patna High Court, the principal seat of justice for the State of Bihar, was established in the year

a1935
b1862
c1916
d1950
Answer: C
The Patna High Court was established on 3 February 1916 by Letters Patent and continued as the High Court for Bihar.
Q4General Studies / GK

Which Emperor of the Mauryan dynasty, who ruled from Pataliputra (modern Patna), embraced Buddhism after the Kalinga War?

aAshoka
bBindusara
cChandragupta Maurya
dBrihadratha
Answer: A
Ashoka, the Mauryan emperor who ruled from Pataliputra, adopted Buddhism after the bloodshed of the Kalinga War and propagated dhamma through his edicts.
Q5General Studies / GK

The gas predominantly responsible for the greenhouse effect and global warming, released largely from burning of fossil fuels, is

aCarbon dioxide
bNitrogen
cOxygen
dHydrogen
Answer: A
Carbon dioxide is the principal anthropogenic greenhouse gas, emitted mainly through combustion of fossil fuels, contributing significantly to global warming.
Q6General Studies / GK

Which one of the following is the largest gland in the human body?

aPancreas
bThyroid
cLiver
dPituitary
Answer: C
The liver is the largest gland as well as the largest internal organ in the human body, performing functions such as bile secretion and detoxification.
Q7General Studies / GK

In a certain code, 'PEN' is written as 'QFO'. How will 'INK' be written in the same code?

aJOL
bHOJ
cJOM
dHMJ
Answer: A
Each letter is shifted one step forward in the alphabet (P-Q, E-F, N-O). Applying the same shift to I-N-K gives J-O-L.
Q8General Studies / GK

If the simple interest on a sum of Rs. 5,000 for 2 years at 8% per annum is earned, the total interest amounts to

aRs. 400
bRs. 1,000
cRs. 800
dRs. 1,600
Answer: C
Simple Interest = (P x R x T) / 100 = (5000 x 8 x 2) / 100 = Rs. 800.
Q9General Studies / GK

In November 2025, Nitish Kumar was sworn in as the Chief Minister of Bihar. This oath marked his tenure as Chief Minister for which number of times?

a8th time
b9th time
c11th time
d10th time
Answer: D
Following the 2025 Bihar Assembly election, Nitish Kumar took oath as Chief Minister for a record 10th time at Patna's Gandhi Maidan. The NDA had won a landslide of 202 of 243 seats.
Q10General Studies / GK

Who assumed office as the 15th Vice-President of India in September 2025?

aJagdeep Dhankhar
bC. P. Radhakrishnan
cM. Venkaiah Naidu
dHarivansh Narayan Singh
Answer: B
C. P. Radhakrishnan took oath as the 15th Vice-President of India on 12 September 2025, administered by President Droupadi Murmu at Rashtrapati Bhavan, following the resignation of Jagdeep Dhankhar.
Q11General Studies / GK

Bihar Diwas is celebrated every year on 22 March to mark the formation of Bihar as a separate province. From which province was Bihar separated in 1912?

aBengal Province
bMadras Presidency
cUnited Provinces
dCentral Provinces
Answer: A
On 22 March 1912, the Bihar and Orissa divisions were carved out of the Bengal Province to form the Province of Bihar and Orissa, with Patna as its capital.
Q12General Studies / GK

The river known as the 'Sorrow of Bihar' because of its frequent course-shifting and devastating floods is the

aSon
bGandak
cKosi
dBagmati
Answer: C
The Kosi, a left-bank tributary of the Ganga that originates in the Himalayas and enters India through Nepal, is called the 'Sorrow of Bihar' for its destructive floods and shifting channels.
Q13General Studies / GK

The successor of Ajatashatru who is credited with shifting the Magadhan capital to Pataliputra, near the confluence of the Ganga and the Son, was

aBimbisara
bChandragupta Maurya
cMahapadma Nanda
dUdayin
Answer: D
Ajatashatru built the original fort of Pataligrama, but his successor Udayin developed it and made Pataliputra the Magadhan capital, shifting it from Rajagriha.
Q14General Studies / GK

Mahatma Gandhi first applied his method of Satyagraha in India in 1917 at

aKheda in Gujarat
bBardoli
cAhmedabad
dChamparan in Bihar
Answer: D
The Champaran Satyagraha of 1917, against the oppressive indigo tinkathia system, was Gandhi's first major application of Satyagraha on Indian soil.
Q15General Studies / GK

Under the Constitution of India, the power to grant pardons, reprieves and remissions in respect of sentences by court-martial is vested exclusively in the

aPresident under Article 72
bGovernor under Article 161
cChief Justice of India
dCouncil of Ministers
Answer: A
Article 72 gives the President the power to grant pardons in cases of court-martial sentences, sentences under Union law, and all death sentences. The Governor's power under Article 161 does not extend to court-martial cases.
Q16General Studies / GK

Which one of the following is a right-bank tributary of the Ganga in Bihar?

aGandak
bSon
cKosi
dBagmati
Answer: B
The Son joins the Ganga from the right (south) bank, whereas the Gandak, Kosi and Bagmati are left-bank (north) tributaries flowing down from the Himalayas.
Q17General Studies / GK

The vitamin whose deficiency in humans causes the disease scurvy is

aVitamin A
bVitamin D
cVitamin C
dVitamin K
Answer: C
Scurvy is caused by a deficiency of Vitamin C (ascorbic acid), which is required for collagen synthesis. It leads to bleeding gums and poor wound healing.
Q18General Studies / GK

If in a certain code language MADRAS is written as NBESBT, then how is PATNA written in the same code?

aOBUOB
bQBOUB
cQBUOB
dQCUOB
Answer: C
Each letter is shifted forward by one position in the alphabet (M to N, A to B, and so on). Applying the same rule, PATNA becomes QBUOB.
Q19General Studies / GK

A man is now four times as old as his son. After 5 years, he will be three times as old as his son. What is the present age of the son?

a8 years
b12 years
c10 years
d15 years
Answer: C
Let the son's age be x; the father's is 4x. After 5 years: 4x + 5 = 3(x + 5), so 4x + 5 = 3x + 15, giving x = 10 years.
Q20General Studies / GK

In the Indian Parliament, the Speaker of the Lok Sabha, when there is an equality of votes on a matter, may exercise a

acasting vote
bveto vote
cdouble vote
ddeciding ordinance
Answer: A
Under Article 100 of the Constitution, the Speaker does not vote in the first instance but exercises a casting vote in the case of an equality of votes to break the tie.
Q21General Studies / GK

The 2025 Sveriges Riksbank Prize in Economic Sciences (Nobel Prize in Economics) was awarded for work on economic growth driven by innovation. One half went to Joel Mokyr, while the other half was shared by Philippe Aghion and

aPaul Romer
bDaron Acemoglu
cClaudia Goldin
dPeter Howitt
Answer: D
The 2025 Economics Nobel went to Joel Mokyr (one half) and jointly to Philippe Aghion and Peter Howitt (the other half) for the theory of sustained growth through creative destruction.
Q22General Studies / GK

Following the Bihar Legislative Assembly election held in November 2025, who was sworn in as Chief Minister of Bihar?

aTejashwi Yadav
bPrashant Kishor
cSamrat Choudhary
dNitish Kumar
Answer: D
The NDA won a landslide (202 of 243 seats) in the November 2025 Bihar Assembly election, and JD(U) leader Nitish Kumar was elected the NDA legislature party leader and took oath as Chief Minister.
Q23General Studies / GK

Lt Gen (Retd) Syed Ata Hasnain was sworn in in March 2026 as the Governor of which State?

aJharkhand
bBihar
cWest Bengal
dUttar Pradesh
Answer: B
Lt Gen (Retd) Syed Ata Hasnain was sworn in as Governor of Bihar on 14 March 2026, succeeding Arif Mohammad Khan, becoming the first former Army officer to hold the post.
Q24General Studies / GK

Justice Surya Kant assumed office in November 2025 as the Chief Justice of India. He holds which numerical position in the line of Chief Justices of India?

a51st
b53rd
c52nd
d54th
Answer: B
Justice Surya Kant succeeded Justice B.R. Gavai (the 52nd CJI) on 24 November 2025 to become the 53rd Chief Justice of India.
Q25General Studies / GK

The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was launched against the exploitation of cultivators forced to grow which crop?

aCotton
bSugarcane
cIndigo
dOpium
Answer: C
In Champaran (Bihar), peasants were compelled under the tinkathia system to grow indigo on part of their land; Gandhi's 1917 Satyagraha secured relief for them.
Q26General Studies / GK

The Kosi river, often called the 'Sorrow of Bihar' for its frequent floods and changing course, is a tributary of which major river?

aYamuna
bBrahmaputra
cGanga
dMahananda
Answer: C
The Kosi rises in the Himalayas and joins the Ganga in Bihar; its heavy silt load and shifting course earn it the name 'Sorrow of Bihar'.
Q27General Studies / GK

Under the Constitution of India, the power of the President to grant pardons, reprieves and remissions of punishment is provided in which Article?

aArticle 61
bArticle 72
cArticle 76
dArticle 123
Answer: B
Article 72 confers on the President the power to grant pardons, reprieves, respites and remissions of punishment; the parallel power for Governors is in Article 161.
Q28General Studies / GK

In a certain code language, 'MANGO' is written as 'NBOHP'. In the same code, how will the word 'APPLE' be written?

aBQQNF
bBQQMF
cBPPMF
dBRRMF
Answer: B
Each letter is shifted forward by one position (M to N, A to B, etc.). Applying the same to APPLE gives B-Q-Q-M-F, i.e. BQQMF.
Q29General Studies / GK

The average of five consecutive even numbers is 22. What is the largest of these numbers?

a24
b26
c22
d28
Answer: B
Five consecutive even numbers with average 22 are centred on 22, so they are 18, 20, 22, 24, 26; the largest is 26.
Q30General Studies / GK

Choose the option that correctly fills the blank: 'Neither the players nor the coach ___ satisfied with the decision of the umpire.'

awere
bwas
care
dhave been
Answer: B
With 'neither...nor', the verb agrees with the nearer subject, here the singular 'coach', so the correct verb is the singular 'was'.
Q31General Studies / GK

Which one of the following vitamins is fat-soluble and essential for the clotting of blood?

aVitamin C
bVitamin K
cVitamin B12
dVitamin B1
Answer: B
Vitamin K is a fat-soluble vitamin required for the synthesis of clotting factors; its deficiency leads to delayed blood clotting.
Q32General Studies / GK

The historic city of Pataliputra, the capital of the Mauryan Empire, corresponds to which modern city in Bihar?

aGaya
bMuzaffarpur
cBhagalpur
dPatna
Answer: D
Pataliputra, the Mauryan capital under Chandragupta Maurya and Ashoka, lies at the site of modern Patna, the capital of Bihar.
Q33General Studies / GK

The 'Jallianwala Bagh massacre' of 13 April 1919, which led Rabindranath Tagore to renounce his knighthood, took place in which city?

aLahore
bDelhi
cAmritsar
dKanpur
Answer: C
The massacre occurred at Jallianwala Bagh in Amritsar, when troops under General Dyer fired on an unarmed gathering; Tagore returned his knighthood in protest.
Q34General Studies / GK

The SI unit of electric current, the ampere, measures the rate of flow of which quantity?

aMagnetic flux
bElectric potential
cElectric charge
dResistance
Answer: C
Electric current is the rate of flow of electric charge; one ampere equals one coulomb of charge passing a point per second.
Q35General Studies / GK

Bihar Diwas, which marks the carving out of the Province of Bihar and Orissa from the Bengal Presidency in British India, is observed every year on

a26 January
b1 April
c15 November
d22 March
Answer: D
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency, and the day is celebrated annually as Bihar Diwas.
Q36General Studies / GK

Justice Surya Kant, who assumed office in November 2025, serves as the

a51st Chief Justice of India
b52nd Chief Justice of India
c54th Chief Justice of India
d53rd Chief Justice of India
Answer: D
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, succeeding CJI B. R. Gavai.
Q37General Studies / GK

The Geographical Indication (GI) tag of 'Mithila Makhana' is associated with which State of India?

aWest Bengal
bJharkhand
cAssam
dBihar
Answer: D
Mithila Makhana (fox nut) received its GI tag in 2022; Bihar's Mithilanchal region accounts for nearly 90% of India's makhana production.
Q38General Studies / GK

The 2025 Nobel Peace Prize was awarded to Maria Corina Machado for her work promoting democratic rights in

aVenezuela
bBelarus
cCuba
dNicaragua
Answer: A
Venezuelan opposition leader Maria Corina Machado won the 2025 Nobel Peace Prize for promoting democratic rights and a peaceful transition in Venezuela.
Q39General Studies / GK

At the 2024 FIDE Chess Olympiad held at Budapest, India won the gold medal in

aboth the Open and the Women's sections
bthe Women's section only
cthe Open section only
dneither section, finishing with silver
Answer: A
India achieved a historic double gold at the 2024 Budapest Chess Olympiad, topping both the Open and the Women's team events.
Q40General Studies / GK

The Champaran Satyagraha of 1917, the first civil disobedience movement launched by Mahatma Gandhi in India, was directed against the exploitation of cultivators under which system?

aTinkathia (indigo) system
bPermanent Settlement
cRyotwari system
dMahalwari system
Answer: A
Champaran's indigo planters forced peasants to grow indigo on three-twentieths (tinkathia) of their land; Gandhi's 1917 satyagraha secured relief for them.
Q41General Studies / GK

The ancient university of Nalanda, a renowned centre of Buddhist learning that was destroyed by Bakhtiyar Khalji, was located in present-day

aUttar Pradesh
bWest Bengal
cBihar
dOdisha
Answer: C
Nalanda Mahavihara, founded in the Gupta period, lies in present-day Bihar and was a leading seat of learning until its destruction around 1193 CE.
Q42General Studies / GK

The Tropic of Cancer (23.5 degrees N) passes through which of the following Indian States?

aJharkhand
bTamil Nadu
cBihar
dPunjab
Answer: A
The Tropic of Cancer passes through eight States including Jharkhand; it does not pass through Bihar, Tamil Nadu or Punjab.
Q43General Studies / GK

The river often called the 'Sorrow of Bihar' because of its recurrent and devastating floods is the

aKosi
bGandak
cSone
dBagmati
Answer: A
The Kosi river, with its shifting course across north Bihar, has historically caused catastrophic floods, earning it the name 'Sorrow of Bihar'.
Q44General Studies / GK

Under the Constitution of India, the power to grant a pardon, reprieve or remission of punishment in cases tried by court-martial vests in the

aUnion Home Minister
bGovernor under Article 161
cChief Justice of India
dPresident under Article 72
Answer: D
Article 72 empowers the President to grant pardons; only the President (not the Governor) can pardon sentences passed by a court-martial.
Q45General Studies / GK

If the day before yesterday was a Thursday, then the day after tomorrow will be

aSunday
bTuesday
cMonday
dWednesday
Answer: C
If the day before yesterday was Thursday, today is Saturday; two days after Saturday is Monday.
Q46General Studies / GK

Choose the option that correctly completes the analogy: Doctor is to Hospital as Teacher is to ______.

aPatient
bSchool
cBook
dStudent
Answer: B
A doctor works in a hospital; analogously, a teacher works in a school, so the relationship is professional-to-workplace.
Q47General Studies / GK

Select the word that is most nearly OPPOSITE in meaning to 'BENEVOLENT'.

aGenerous
bKind
cMalevolent
dCharitable
Answer: C
'Benevolent' means well-meaning and kindly; its antonym is 'malevolent', meaning having ill will. The other options are synonyms.
Q48General Studies / GK

A shopkeeper marks an article at Rs. 500 and allows a discount of 20%. If he still makes a profit of 25% on the cost price, the cost price of the article is

aRs. 300
bRs. 350
cRs. 320
dRs. 400
Answer: C
Selling price = 500 - 20% = Rs. 400. With 25% profit, cost price = 400 / 1.25 = Rs. 320.
Q49General Studies / GK

The ancient Mahabodhi Temple, a UNESCO World Heritage Site marking the spot of Gautama Buddha's enlightenment, is located in which district of Bihar?

aNalanda
bRohtas
cVaishali
dGaya
Answer: D
The Mahabodhi Temple Complex stands at Bodh Gaya in the Gaya district of Bihar and was inscribed as a UNESCO World Heritage Site in 2002.
Q50General Studies / GK

The ancient seat of learning at Nalanda in Bihar was founded by which Gupta ruler?

aChandragupta II
bSamudragupta
cSkandagupta
dKumaragupta I
Answer: D
Nalanda Mahavihara, in present-day Bihar, was established in the 5th century CE by the Gupta emperor Kumaragupta I.
Q51General Studies / GK

The Champaran Satyagraha of 1917, led by Mahatma Gandhi, was directed against the exploitation of peasants compelled to cultivate which crop?

aCotton
bJute
cIndigo
dOpium
Answer: C
In Champaran, Bihar, European planters forced cultivators to grow indigo under the tinkathia system; Gandhi's 1917 satyagraha was his first in India.
Q52General Studies / GK

Which river, known as the 'Sorrow of Bihar' because of its recurring floods, originates in Nepal and joins the Ganga?

aSone
bGandak
cPunpun
dKosi
Answer: D
The Kosi river, owing to its frequent shifting of course and devastating floods in north Bihar, is traditionally called the 'Sorrow of Bihar'.
Q53General Studies / GK

Under the Constitution of India, which Article empowers the High Court to issue writs for the enforcement of fundamental rights and for any other purpose?

aArticle 32
bArticle 226
cArticle 136
dArticle 142
Answer: B
Article 226 confers on every High Court the power to issue writs not only for fundamental rights but also for 'any other purpose', a wider scope than Article 32.
Q54General Studies / GK

The Patna High Court, the principal civil court of original jurisdiction in Bihar, was established in which year?

a1862
b1916
c1935
d1950
Answer: B
The Patna High Court was established on 3 February 1916 under the Government of India Act and Letters Patent issued by the Crown.
Q55General Studies / GK

In the Indian polity, the maximum period for which a Proclamation of Emergency under Article 356 (President's Rule) can ordinarily continue without parliamentary approval is:

aOne month
bTwo months
cThree months
dSix months
Answer: B
A Proclamation under Article 356 must be laid before Parliament and ceases to operate after two months unless approved by both Houses within that period.
Q56General Studies / GK

Light from the Sun takes approximately how much time to reach the Earth?

a8 seconds
b8 minutes
c8 hours
d1 minute
Answer: B
The Sun is about 150 million km from Earth, and light travelling at roughly 3 lakh km/s covers this in about 8 minutes and 20 seconds.
Q57General Studies / GK

Which gas, present in the atmosphere, is chiefly responsible for the formation of acid rain along with sulphur dioxide?

aCarbon dioxide
bOzone
cMethane
dOxides of nitrogen
Answer: D
Acid rain forms mainly when sulphur dioxide and oxides of nitrogen react with water vapour to produce sulphuric and nitric acids.
Q58General Studies / GK

The deficiency of which vitamin causes the disease scurvy?

aVitamin A
bVitamin K
cVitamin D
dVitamin C
Answer: D
Scurvy results from a deficiency of Vitamin C (ascorbic acid), which is essential for the synthesis of collagen.
Q59General Studies / GK

If in a certain code language 'COURT' is written as 'DPVSU', then how is 'JUDGE' written in that code?

aIVEHF
bKVEHF
cKVFHF
dKWEHF
Answer: B
Each letter is shifted forward by one position in the alphabet, so J->K, U->V, D->E, G->H, E->F, giving KVEHF.
Q60General Studies / GK

A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times the original sum at the same rate?

a24 years
b16 years
c32 years
d12 years
Answer: A
If money doubles in 8 years, the interest equals the principal in 8 years; to become four times, the interest must equal three times the principal, needing 8 x 3 = 24 years.
Q61General Studies / GK

Which district has the largest geographical area in Bihar?

aGaya
bRohtas
cPatna
dWest Champaran
Answer: D
West Champaran, with an area of about 5,228 sq km, is the largest district of Bihar by area, while Sheohar is the smallest.
Q62General Studies / GK

Mahatma Gandhi launched his first Satyagraha in India in 1917 in connection with the grievances of indigo cultivators of

aKheda
bChamparan
cBardoli
dAhmedabad
Answer: B
The Champaran Satyagraha of 1917 in Bihar was Gandhi's first application of Satyagraha in India, against the exploitative tinkathia indigo system.
Q63General Studies / GK

The capital of the Mauryan Empire under Chandragupta Maurya and Ashoka was located at

aUjjain
bTaxila
cPataliputra
dVaishali
Answer: C
Pataliputra, on the site of modern Patna in Bihar, served as the capital of the Mauryan Empire.
Q64General Studies / GK

Under the Constitution of India, the provisions relating to the Election Commission of India are contained in

aArticle 280
bArticle 324
cArticle 148
dArticle 356
Answer: B
Article 324 vests the superintendence, direction and control of elections in the Election Commission of India.
Q65General Studies / GK

Which river, originating in Nepal and notorious for shifting its course and causing floods, is known as the 'Sorrow of Bihar'?

aKosi
bGandak
cSon
dBagmati
Answer: A
The Kosi river, which frequently changes course and devastates north Bihar with floods, is popularly called the 'Sorrow of Bihar'.
Q66General Studies / GK

The 'Quit India Movement' was launched by the Indian National Congress in which year?

a1942
b1930
c1935
d1945
Answer: A
The Quit India Movement was launched on 8 August 1942 following the Congress resolution at Bombay demanding an end to British rule.
Q67General Studies / GK

Dr. Rajendra Prasad, the first President of India, who hailed from Bihar, presided over which body before independence?

aThe Cabinet Mission
bThe Constituent Assembly of India
cThe Interim Government's Defence portfolio
dThe Federal Court of India
Answer: B
Dr. Rajendra Prasad, born in Siwan district of Bihar, was elected President of the Constituent Assembly of India in 1946.
Q68General Studies / GK

Which gas is the most abundant constituent of the Earth's atmosphere by volume?

aOxygen
bCarbon dioxide
cArgon
dNitrogen
Answer: D
Nitrogen makes up about 78% of the atmosphere by volume, far exceeding oxygen at roughly 21%.
Q69General Studies / GK

The 'Jallianwala Bagh massacre' of 1919, which led Rabindranath Tagore to renounce his knighthood, took place at

aLahore
bPeshawar
cDelhi
dAmritsar
Answer: D
The Jallianwala Bagh massacre occurred on 13 April 1919 at Amritsar in Punjab, when troops under General Dyer fired on an unarmed gathering.
Q70General Studies / GK

In the human body, which organ is primarily responsible for the production of insulin?

aPancreas
bKidney
cLiver
dSpleen
Answer: A
Insulin is produced by the beta cells of the islets of Langerhans in the pancreas, regulating blood glucose levels.
Q71General Studies / GK

The Permanent Settlement of 1793, which fixed land revenue and created the zamindari system in Bengal, Bihar and Orissa, was introduced by

aLord Cornwallis
bWarren Hastings
cLord Wellesley
dLord Dalhousie
Answer: A
Lord Cornwallis introduced the Permanent Settlement in 1793, making zamindars the proprietors of land with a fixed revenue demand.
Q72General Studies / GK

Which Article of the Constitution of India abolishes 'untouchability' and forbids its practice in any form?

aArticle 14
bArticle 21
cArticle 19
dArticle 17
Answer: D
Article 17 abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable by law.
Q73General Studies / GK

The Patna High Court, the principal court of record for Bihar, was formally established in which year?

a1916
b1862
c1935
d1950
Answer: A
The Patna High Court was established on 3 February 1916 under the Government of India Act 1915, and commenced functioning from 1 March 1916.
Q74General Studies / GK

Who was the first Chief Justice of the Patna High Court?

aSir Courtney Terrell
bSir Ashutosh Mookerjee
cSir Sultan Ahmad
dSir Edward Maynard Des Champs Chamier
Answer: D
Sir Edward Maynard Des Champs Chamier served as the first Chief Justice of the Patna High Court when it was established in 1916.
Q75General Studies / GK

'Bihar Diwas' (Bihar Day) is celebrated every year on 22 March to mark the day the province of Bihar was carved out of which presidency in 1912?

aMadras Presidency
bBombay Presidency
cBengal Presidency
dAgra Presidency
Answer: C
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency, forming the Province of Bihar and Orissa; the day is observed as Bihar Diwas.
Q76General Studies / GK

How many districts does the State of Bihar presently have?

a32
b36
c42
d38
Answer: D
Bihar is presently divided into 38 districts grouped under 9 administrative divisions.
Q77General Studies / GK

Mahatma Gandhi's first Satyagraha in India in 1917 was launched in support of the indigo cultivators of which district of Bihar?

aSaran
bChamparan
cGaya
dBhagalpur
Answer: B
The Champaran Satyagraha of 1917 was Gandhi's first major civil disobedience movement in India, taken up on behalf of indigo cultivators exploited under the tinkathia system.
Q78General Studies / GK

Dr. Rajendra Prasad, the first President of the Republic of India, belonged to which State?

aUttar Pradesh
bBihar
cWest Bengal
dOdisha
Answer: B
Dr. Rajendra Prasad, born at Ziradei in the Siwan district of Bihar, served as the first President of India from 1950 to 1962.
Q79General Studies / GK

Which river, notorious for its frequent course shifts and floods, is popularly called the 'Sorrow of Bihar'?

aKosi
bGandak
cSon
dBagmati
Answer: A
The Kosi river, owing to its repeated changes of course and devastating floods in north Bihar, is traditionally known as the 'Sorrow of Bihar'.
Q80General Studies / GK

Under which Article of the Constitution of India can the President proclaim a state of emergency in a State on the ground of failure of constitutional machinery (President's Rule)?

aArticle 352
bArticle 360
cArticle 356
dArticle 370
Answer: C
Article 356 empowers the President to assume to himself the functions of a State government where its constitutional machinery has broken down, commonly called President's Rule.
Q81General Studies / GK

The Fundamental Duties of citizens were added to the Constitution of India by which Constitutional Amendment Act?

a24th Amendment, 1971
b61st Amendment, 1988
c44th Amendment, 1978
d42nd Amendment, 1976
Answer: D
The 42nd Constitutional Amendment Act, 1976, inserted Part IVA (Article 51A) listing the Fundamental Duties on the recommendation of the Swaran Singh Committee.
Q82General Studies / GK

Which one of the following writs is issued by a court to a public official to compel the performance of a duty he has refused to perform?

aHabeas Corpus
bQuo Warranto
cCertiorari
dMandamus
Answer: D
The writ of Mandamus ('we command') is issued to a public authority directing it to perform a public or statutory duty which it has failed to discharge.
Q83General Studies / GK

Which gas is produced when zinc reacts with dilute hydrochloric acid?

aOxygen
bCarbon dioxide
cHydrogen
dChlorine
Answer: C
Zinc reacts with dilute hydrochloric acid to form zinc chloride and liberate hydrogen gas (Zn + 2HCl -> ZnCl2 + H2).
Q84General Studies / GK

Which vitamin, synthesised in the skin on exposure to sunlight, is essential for the absorption of calcium and the prevention of rickets?

aVitamin A
bVitamin C
cVitamin K
dVitamin D
Answer: D
Vitamin D, produced in the skin under ultraviolet light, regulates calcium and phosphate absorption; its deficiency causes rickets in children.
Q85General Studies / GK

A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times of itself at the same rate?

a16 years
b32 years
c24 years
d12 years
Answer: C
Doubling in 8 years means the interest earned equals the principal in 8 years; becoming four times needs interest equal to three times the principal, i.e., 3 x 8 = 24 years.
Q86General Studies / GK

On which date is 'Bihar Diwas' celebrated every year to mark the formation of the State of Bihar as a separate province?

a1st April
b1st December
c26th January
d22nd March
Answer: D
Bihar Diwas is observed on 22nd March, marking the carving out of Bihar and Orissa from the Bengal Presidency in 1912.
Q87General Studies / GK

The Patna High Court was formally established in which year?

a1862
b1935
c1916
d1950
Answer: C
The Patna High Court was inaugurated on 3rd February 1916 by Viceroy Lord Hardinge, after Bihar and Orissa were separated from Bengal in 1912.
Q88General Studies / GK

Which river, a left-bank tributary of the Ganga that enters India from Nepal, is popularly known as the 'Sorrow of Bihar'?

aGandak
bKosi
cSon
dBagmati
Answer: B
The Kosi is called the 'Sorrow of Bihar' because its frequent shifting of course and heavy silt cause devastating floods; it joins the Ganga as a left-bank tributary.
Q89General Studies / GK

As of 2026, into how many administrative divisions are the 38 districts of Bihar grouped?

a5
b7
c9
d11
Answer: C
Bihar's 38 districts are organised into 9 administrative divisions: Patna, Tirhut, Saran, Darbhanga, Kosi, Purnia, Bhagalpur, Munger and Magadh.
Q90General Studies / GK

Who took oath as the Chief Minister of Bihar following the November 2025 Bihar Legislative Assembly elections?

aNitish Kumar
bTejashwi Yadav
cSamrat Choudhary
dVijay Kumar Sinha
Answer: A
After the NDA's landslide win in the November 2025 election, Nitish Kumar of the JD(U) took oath as Chief Minister of Bihar for a record 10th time on 20th November 2025.
Q91General Studies / GK

Who assumed office as the 54th Chief Justice of India on 24th November 2025?

aSurya Kant
bSanjiv Khanna
cB. R. Gavai
dD. Y. Chandrachud
Answer: A
Justice Surya Kant was sworn in as the Chief Justice of India on 24th November 2025, succeeding CJI B. R. Gavai on his retirement.
Q92General Studies / GK

The Champaran Satyagraha of 1917, the first civil-disobedience experiment of Mahatma Gandhi in India, was launched against the oppressive cultivation of which crop?

aCotton
bIndigo
cJute
dOpium
Answer: B
At Champaran in Bihar, Gandhi led peasants against the 'tinkathia' system that forced them to grow indigo for European planters on poor terms.
Q93General Studies / GK

The ancient university of Nalanda, a renowned centre of Buddhist learning, is located in which present-day State of India?

aUttar Pradesh
bBihar
cWest Bengal
dOdisha
Answer: B
The ruins of Nalanda Mahavihara lie in the Nalanda district of Bihar; the site is inscribed as a UNESCO World Heritage Site.
Q94General Studies / GK

Under the Constitution of India, the 'Right to Constitutional Remedies' through which the Supreme Court may issue writs is guaranteed by which Article?

aArticle 19
bArticle 21
cArticle 32
dArticle 44
Answer: C
Article 32 confers the right to move the Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it the 'heart and soul' of the Constitution.
Q95General Studies / GK

The first Buddhist Council, held shortly after the death of Gautama Buddha, met at which place situated in present-day Bihar?

aRajgir (Rajagriha)
bVaishali
cPataliputra
dKundalvana
Answer: A
The First Buddhist Council was convened at Rajagriha (Rajgir) under the patronage of King Ajatashatru to compile the Buddha's teachings.
Q96General Studies / GK

If in a certain code language 'PATNA' is written as 'QBUOB', then how will 'GAYA' be written in the same code?

aHBZB
bFZXZ
cHZBZ
dIBAB
Answer: A
Each letter is shifted one place forward in the alphabet (P to Q, A to B, ...). Applying the same shift to G, A, Y, A gives H, B, Z, B, i.e., HBZB.
Q97General Studies / GK

A sum of money becomes double in 8 years at a certain rate of simple interest. In how many years will the same sum become four times itself at the same rate?

a24 years
b16 years
c32 years
d12 years
Answer: A
Doubling in 8 years means the interest equals the principal in 8 years, so the rate gives 100% interest in 8 years. To become four times, the interest must equal three times the principal, needing 8 x 3 = 24 years.
Q98General Studies / GK

In a row of 40 students all facing north, Ravi is 12th from the left end. What is his position from the right end of the row?

a29th
b28th
c27th
d30th
Answer: A
Position from right = Total - Position from left + 1 = 40 - 12 + 1 = 29. So Ravi is 29th from the right end.
Q99General Studies / GK

Bihar Diwas, marking the day on which Bihar was carved out as a separate province from the Bengal Presidency, is celebrated every year on

a1 April
b22 March
c15 August
d26 January
Answer: B
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency to form a new province, and the day is observed annually as Bihar Diwas.
Q100General Studies / GK

The State animal of Bihar is

aGaur (Indian bison)
bRoyal Bengal Tiger
cAsiatic Lion
dSloth Bear
Answer: A
The Gaur (Bos gaurus), also called the Indian bison, is the officially notified State animal of Bihar; the House Sparrow is its State bird.
Q101Partnership

Under Section 25 of the Indian Partnership Act, 1932, the liability of a partner for the acts of the firm done while he is a partner is

ajoint with all the other partners and also several
bseveral only
cjoint only
dlimited to his share in the firm
Answer: A
Section 25 makes every partner liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.
Q102Partnership

Under Section 30 of the Indian Partnership Act, 1932, a minor admitted to the benefits of partnership

ais personally liable for all acts of the firm
bis not personally liable, but his share is liable for the acts of the firm
cis liable both personally and to the extent of his share
dincurs no liability whatsoever
Answer: B
Under Section 30(3), the minor's share is liable for the acts of the firm, but the minor is not personally liable for any such act.
Q103Partnership

A minor admitted to the benefits of partnership may, under Section 30 of the Indian Partnership Act, 1932, give public notice electing to become or not to become a partner within how long of attaining majority?

aThree months
bOne year
cSix months
dTwo years
Answer: C
Under Section 30(5), within six months of attaining majority (or of obtaining knowledge of his admission, whichever is later), the minor may give public notice of his election; failing which, under the proviso, he becomes a partner.
Q104Partnership

Where an outgoing partner's share is used by the continuing partners without a final settlement of accounts, Section 37 of the Indian Partnership Act, 1932 entitles him, in the absence of a contract to the contrary, to such share of subsequent profits attributable to the use of his property or, at his option, to interest at the rate of

afour per cent per annum
bsix per cent per annum
cnine per cent per annum
dtwelve per cent per annum
Answer: B
Section 37 gives the outgoing partner (or his estate) the option of either a share of subsequent profits attributable to the use of his share of the property, or interest at six per cent per annum on the amount of his share in the property of the firm.
Q105Partnership

Dissolution of a partnership firm by the order of the Court, at the suit of a partner, is provided under which section of the Indian Partnership Act, 1932?

aSection 44
bSection 42
cSection 43
dSection 40
Answer: A
Section 44 enumerates the grounds (such as insanity, permanent incapacity, misconduct, persistent breach of agreement, transfer of interest, business at a loss, or just and equitable grounds) on which the Court may, at the suit of a partner, dissolve a firm.
Q106Partnership

The effect of non-registration of a firm is dealt with under which section of the Indian Partnership Act, 1932?

aSection 58
bSection 69
cSection 68
dSection 59
Answer: B
Section 69 provides that an unregistered firm (or a partner of it) cannot institute a suit to enforce a contractual right against the firm, its partners, or third parties, subject to specified exceptions.
Q107Partnership

A and B carry on business as an unregistered firm. The firm wishes to file a suit against C, a third party, to recover a contractual debt. Under Section 69(2) of the Indian Partnership Act, 1932, such a suit is

anot maintainable, because the firm is unregistered
bmaintainable, as registration is optional
cmaintainable only if the debt exceeds rupees one hundred
dmaintainable only with the leave of the Court
Answer: A
Under Section 69(2), no suit to enforce a right arising from a contract can be instituted by or on behalf of an unregistered firm against a third party; the firm and the suing partners must be shown in the Register of Firms.
Q108Partnership

Although the Indian Partnership Act, 1932 itself came into force on 1st October, 1932, the provision relating to the effect of non-registration of firms (Section 69) was brought into force on

a1st October, 1932
b1st January, 1933
c1st October, 1933
d1st April, 1934
Answer: C
By Section 1(3) of the Act, the Act came into force on 1st October, 1932, except Section 69, which came into force on 1st October, 1933, to give firms time to get registered.
Q109Partnership

For the purposes of Section 18 of the Indian Partnership Act, 1932, a partner is, for the business of the firm,

athe bailee of the firm
bthe trustee of the firm
cthe agent of the firm
dthe surety of the firm
Answer: C
Section 18 provides that, subject to the provisions of the Act, a partner is the agent of the firm for the purposes of the business of the firm.
Q110Partnership

In determining whether a group of persons is or is not a firm, Section 6 of the Indian Partnership Act, 1932 requires regard to be had to

athe existence of a written partnership deed alone
bthe sharing of profits alone, which is conclusive
cthe real relation between the parties as shown by all relevant facts taken together
dregistration of the firm alone
Answer: C
Section 6 lays down that regard shall be had to the real relation between the parties as shown by all relevant facts; mere sharing of profits is not, by itself, conclusive proof of partnership.
Q111Partnership

Under Rule 10 of the Companies (Miscellaneous) Rules, 2014 read with Section 464 of the Companies Act, 2013, the maximum number of partners that a partnership firm carrying on business (other than banking) may have is

a10
b20
c100
d50
Answer: D
Section 464 of the Companies Act, 2013 caps the number at 100, but Rule 10 of the Companies (Miscellaneous) Rules, 2014 prescribes the maximum as 50; a firm exceeding this becomes an illegal association.
Q112Provincial Small Cause Courts Act

Under Section 17 of the Provincial Small Cause Courts Act, 1887, an applicant seeking to set aside a decree passed ex parte by a Court of Small Causes must, at the time of presenting the application, either give the security directed by the Court or

afurnish an indemnity bond executed by two sureties
bobtain prior leave of the District Judge
cdeposit in the Court the amount due from him under the decree
ddeposit one-half of the decretal amount as costs
Answer: C
The proviso to Section 17(1) requires the applicant, at the time of presenting an application to set aside an ex parte decree or for review, to either deposit the amount due under the decree or give such security as the Court may, on a previous application, have directed. This condition has been held mandatory.
Q113Provincial Small Cause Courts Act

Subject to the exceptions in the Second Schedule and any enactment in force, the general pecuniary limit up to which all suits of a civil nature are cognizable by a Court of Small Causes under Section 15 of the Provincial Small Cause Courts Act, 1887 (before any State enhancement) is

aone hundred rupees
btwo thousand rupees
cfive hundred rupees
dfive thousand rupees
Answer: C
Section 15(2) makes cognizable by a Court of Small Causes all suits of a civil nature of which the value does not exceed five hundred rupees, subject to the Second Schedule exceptions; under Section 15(3) the State Government may raise the limit to one thousand rupees.
Q114Provincial Small Cause Courts Act

Which of the following suits is EXCEPTED from the cognizance of a Court of Small Causes under the Second Schedule to the Provincial Small Cause Courts Act, 1887?

aA suit for the partition of immovable property
bA suit for the price of goods sold
cA suit for arrears of money lent
dA suit for compensation for breach of an ordinary contract for hire
Answer: A
A suit for the partition of immovable property is expressly listed among the suits excepted from the cognizance of a Court of Small Causes in the Second Schedule; ordinary money and contract suits within the pecuniary limit remain cognizable.
Q115Provincial Small Cause Courts Act

Under Section 16 of the Provincial Small Cause Courts Act, 1887, a suit cognizable by a Court of Small Causes

amay be tried either by the Court of Small Causes or by any other competent civil court at the plaintiff's option
bmust first be tried by the District Judge and then transferred
cshall not be tried by any other court having jurisdiction within the local limits of the Court of Small Causes
dcan be tried only after the State Government grants special sanction
Answer: C
Section 16 gives the Court of Small Causes exclusive jurisdiction by providing that, save as expressly provided, a suit cognizable by such court shall not be tried by any other court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes.
Q116Provincial Small Cause Courts Act

Where, in a suit instituted in a Court of Small Causes, it appears that the right of the plaintiff depends on the determination of a question of title to immovable property which the court cannot finally decide, Section 23 of the Provincial Small Cause Courts Act, 1887 empowers the court at any stage of the proceedings to

areturn the plaint to be presented to a court having jurisdiction to determine the title
bdecide the question of title finally as a court of unlimited jurisdiction
cdismiss the suit for want of jurisdiction
dstay the suit indefinitely until the title is settled by a competent court
Answer: A
Section 23 is discretionary: where the plaintiff's right depends on a question of title to immovable property which the Small Cause Court cannot finally determine, the court may at any stage return the plaint for presentation to a court having jurisdiction to determine the title.
Q117Provincial Small Cause Courts Act

Under Section 25 of the Provincial Small Cause Courts Act, 1887, the power to call for the case and satisfy itself that a decree or order made by a Court of Small Causes was according to law vests in the

aCourt of Session
bHigh Court
cBoard of Revenue
dState Government
Answer: B
Section 25 confers revisional power on the High Court, which, to satisfy itself that a decree or order of a Court of Small Causes was according to law, may call for the case and pass such order as it thinks fit (subject to certain State amendments conferring it on the District Judge in particular cases).
Q118Provincial Small Cause Courts Act

As a general rule under the Provincial Small Cause Courts Act, 1887, a decree or order made by a Court of Small Causes in a suit cognizable by it is

aappealable to the District Judge as a matter of right
bappealable to the High Court on questions of fact and law
csubject to a first and a second appeal like an ordinary civil decree
dfinal, save as otherwise provided by the Act
Answer: D
Section 27 provides that, save as provided by the Act, a decree or order made by a Court of Small Causes shall be final; ordinary appeals are barred, the principal corrective being revision under Section 25.
Q119Provincial Small Cause Courts Act

Except as otherwise provided by the Provincial Small Cause Courts Act, 1887 itself, the procedure to be followed in a Court of Small Causes is that prescribed by

athe Code of Criminal Procedure
bthe Code of Civil Procedure, 1908
crules framed exclusively by the Bar Council
dthe Indian Evidence Act alone
Answer: B
Section 17(1) provides that the procedure prescribed in the Code of Civil Procedure, 1908 shall, save in so far as otherwise provided by that Code or by this Act, be the procedure followed in a Court of Small Causes.
Q120Provincial Small Cause Courts Act

Under the Provincial Small Cause Courts Act, 1887, the authority empowered to establish a Court of Small Causes at a place beyond the ordinary original civil jurisdiction of a presidency-town High Court, and to define the local limits of its jurisdiction, is the

aDistrict Judge, by administrative order
bHigh Court, by notification in the Gazette
cCentral Government, by rules
dState Government, by order in writing
Answer: D
Section 5 empowers the State Government, by order in writing, to establish a Court of Small Causes at any place beyond the local limits of the ordinary original civil jurisdiction of a presidency-town High Court and to define the local limits of its jurisdiction.
Q121Provincial Small Cause Courts Act

Which one of the following suits would be COGNIZABLE by a Court of Small Causes (i.e., NOT excepted by the Second Schedule to the Provincial Small Cause Courts Act, 1887), assuming it is within the pecuniary limit?

aA suit for the recovery of money lent on a promissory note
bA suit for the specific performance of a contract
cA suit for compensation for malicious prosecution
dA suit to obtain an injunction
Answer: A
Suits for malicious prosecution, specific performance and injunction are all expressly excepted by the Second Schedule. A simple money suit on a promissory note within the pecuniary limit is of a civil nature not so excepted and is therefore cognizable by a Court of Small Causes.
Q122Sale of Goods

Under the Sale of Goods Act, 1930, the term "goods" means every kind of movable property and includes

aStocks, shares, growing crops and things attached to land agreed to be severed before sale
bActionable claims and money
cImmovable property attached to earth
dMoney in circulation as legal tender
Answer: A
Section 2(7) defines goods as every kind of movable property other than actionable claims and money, but expressly includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Q123Sale of Goods

The price in a contract of sale, according to the Sale of Goods Act, 1930, means

aThe cost of production plus a reasonable margin
bAny consideration whether in money or in kind
cOnly the market value of the goods on the date of delivery
dThe money consideration for a sale of goods
Answer: D
Section 2(10) defines "price" as the money consideration for a sale of goods; an exchange of goods for goods is barter and not a sale.
Q124Sale of Goods

Where under a contract of sale the property in the goods is transferred from the seller to the buyer at once, the contract is called a

aAgreement to sell
bSale
cHire-purchase agreement
dConditional sale
Answer: B
Under Section 4, where property in goods is transferred immediately it is a "sale"; where the transfer of property is to take place at a future time or subject to a condition, it is an "agreement to sell".
Q125Sale of Goods

A stipulation in a contract of sale which is essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated, is called a

aWarranty
bGuarantee
cCondition
dCollateral term
Answer: C
Section 12(2) defines a condition as a stipulation essential to the main purpose of the contract, breach of which gives a right to treat the contract as repudiated; a warranty under Section 12(3) is only collateral and gives a right to damages.
Q126Sale of Goods

The maxim "Caveat Emptor", as applicable to the Sale of Goods Act, 1930, means

aLet the buyer beware
bLet the seller beware
cBuyer and seller must act in good faith
dGoods must answer their description
Answer: A
Caveat emptor means "let the buyer beware"; the rule is embodied in Section 16, which provides that ordinarily there is no implied condition as to quality or fitness, subject to the stated exceptions.
Q127Sale of Goods

Where goods are bought by description from a seller who deals in goods of that description, the implied condition under Section 16 of the Sale of Goods Act, 1930 is that the goods shall be

aOf merchantable quality
bFit for the particular purpose of the buyer
cFree from all encumbrances
dEqual to the sample in quality
Answer: A
Section 16(2) provides that where goods are bought by description from a seller who deals in goods of that description, there is an implied condition that the goods shall be of merchantable quality.
Q128Sale of Goods

In a contract of sale, unless the circumstances show a different intention, there is an implied condition on the part of the seller that

aHe will deliver the goods at the buyer's place
bThe price is reasonable
cThe goods are insured against loss
dHe has a right to sell the goods
Answer: D
Section 14(a) implies a condition that the seller has a right to sell the goods, and in the case of an agreement to sell, that he will have such a right at the time when the property is to pass.
Q129Sale of Goods

Where there is a contract for the sale of unascertained goods, the property in the goods

aPasses immediately on making the contract
bPasses only on payment of the full price
cIs not transferred to the buyer unless and until the goods are ascertained
dPasses only on delivery of the goods
Answer: C
Section 18 provides that where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Q130Sale of Goods

Unless otherwise agreed, under the Sale of Goods Act, 1930 the risk of loss of the goods prima facie

aAlways remains with the seller until delivery
bPasses with the property in the goods
cAlways passes on payment of price
dPasses only when delivery is actually made
Answer: B
Section 26 lays down that unless otherwise agreed, goods remain at the seller's risk until property therein is transferred; once property passes to the buyer, the goods are at the buyer's risk whether delivery has been made or not (res perit domino).
Q131Sale of Goods

Where goods are sold by a person who is not the owner and who sells without the authority or consent of the owner, the buyer, under the general rule of Section 27, acquires

aA good title free from all defects
bTitle only after one year of peaceful possession
cAbsolute ownership by virtue of payment of price
dNo better title to the goods than the seller had
Answer: D
Section 27 embodies the maxim nemo dat quod non habet: where goods are sold by a non-owner without authority or consent of the owner, the buyer acquires no better title than the seller had, subject to the exceptions provided in the Act.
Q132Sale of Goods

Under the Sale of Goods Act, 1930, a seller of goods is deemed to be an "unpaid seller" when

aWhen the whole of the price has not been paid or tendered, or a negotiable instrument received as conditional payment has been dishonoured
bOnly when the whole of the price has not been paid or tendered
cOnly when the goods have not been delivered
dOnly when the buyer has become insolvent
Answer: A
Section 45 provides that a seller is an unpaid seller (a) when the whole of the price has not been paid or tendered, or (b) when a bill of exchange or other negotiable instrument received as conditional payment has been dishonoured.
Q133Sale of Goods

The right of stoppage in transit, available to an unpaid seller under the Sale of Goods Act, 1930, can be exercised when the buyer

aMerely refuses to take delivery
bBecomes insolvent
cDisputes the quality of the goods
dDelays payment by a single day
Answer: B
Under Sections 46 and 50, the unpaid seller's right of stopping the goods in transit arises only in the case of insolvency of the buyer, allowing the seller to resume possession while the goods are in transit until the price is paid or tendered.
Q134Sale of Goods

An unpaid seller who has exercised his right of lien or stoppage in transit may re-sell the goods and recover damages from the original buyer, under the Sale of Goods Act, 1930, by virtue of

aSection 47
bSection 54
cSection 50
dSection 27
Answer: B
Section 54 confers on the unpaid seller the right of re-sale, where the goods are of a perishable nature or where notice of intention to re-sell has been given and the buyer fails to pay within a reasonable time.
Q135Sale of Goods

Where goods are sold by sample as well as by description, the implied condition under the Sale of Goods Act, 1930 is that

aThe bulk of the goods shall correspond both with the sample and with the description
bThe goods need correspond only with the description
cThe goods need correspond only with the sample
dThere is no implied condition in such a sale
Answer: A
Under Section 15, where goods are sold by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description.
Q136Sale of Goods

In a sale by auction under the Sale of Goods Act, 1930, the sale is complete

aWhen the auctioneer announces the reserve price
bWhen the highest bid is made
cOnly when the goods are delivered to the buyer
dWhen the auctioneer announces its completion by the fall of the hammer or in other customary manner
Answer: D
Section 64(2) provides that in a sale by auction the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; until then any bidder may retract his bid.
Q137Sale of Goods

Under the Sale of Goods Act, 1930, a contract whereby the seller transfers the property in the goods to the buyer at once is called a 'sale', whereas if the transfer of property is to take place at a future time or subject to some condition, it is called

aAn executed sale
bA conditional gift
cAn agreement to sell
dA hire-purchase
Answer: C
Section 4 distinguishes a sale (property passes at once) from an agreement to sell, where transfer of property is to take place at a future time or subject to a condition later to be fulfilled.
Q138Sale of Goods

Where there is a contract for the sale of specific goods and the goods, without the knowledge of the seller, had already perished at the time the contract was made, the contract under the Sale of Goods Act, 1930 is

aVoidable at the option of the buyer
bValid but unenforceable
cVoid
dMerely an agreement to sell
Answer: C
Section 7 provides that where, at the time the contract was made, specific goods had perished or become so damaged as no longer to answer their description, the contract is void.
Q139Sale of Goods

Where there is an agreement to sell specific goods and the goods subsequently perish without any fault of the seller or buyer before the risk passes to the buyer, the agreement

aBecomes voidable at the seller's option
bRemains binding on both parties
cIs converted into a completed sale
dIs thereby avoided
Answer: D
Section 8 provides that an agreement to sell specific goods is avoided where the goods, without fault of either party, perish or become so damaged before risk passes to the buyer.
Q140Sale of Goods

A stipulation in a contract of sale which is essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated, is under the Sale of Goods Act, 1930 known as a

aWarranty
bRepresentation
cCovenant
dCondition
Answer: D
Section 12 defines a condition as a stipulation essential to the main purpose of the contract whose breach gives rise to a right to repudiate, while a warranty is collateral and its breach gives only a claim for damages.
Q141Sale of Goods

Under Section 14 of the Sale of Goods Act, 1930, the seller's undertaking that the buyer shall have and enjoy quiet possession of the goods is

aAn implied condition
bAn implied warranty
cAn express condition
dNeither a condition nor a warranty
Answer: B
Under Section 14, the right to sell is an implied condition, whereas quiet possession and freedom from encumbrance are implied warranties.
Q142Sale of Goods

Where there is a contract for the sale of goods by description, the Sale of Goods Act, 1930 implies a condition that

aThe goods shall be of the highest available quality
bThe buyer shall have examined the goods
cThe goods shall correspond with the description
dThe price shall be a reasonable price
Answer: C
Section 15 provides that in a sale by description there is an implied condition that the goods shall correspond with the description.
Q143Sale of Goods

The rule of caveat emptor under the Sale of Goods Act, 1930 is qualified by an implied condition as to fitness for the buyer's particular purpose. This implied condition is contained in

aSection 14
bSection 15
cSection 16
dSection 17
Answer: C
Section 16 lays down the implied conditions as to quality or fitness, including fitness for the buyer's particular purpose where reliance is placed on the seller's skill or judgment, forming the principal exception to caveat emptor.
Q144Sale of Goods

In a contract for sale by sample under the Sale of Goods Act, 1930, which of the following is NOT an implied condition?

aThe bulk shall correspond with the sample in quality
bThe seller shall deliver the goods at the buyer's place of business
cThe goods shall be free from any latent defect rendering them unmerchantable
dThe buyer shall have a reasonable opportunity of comparing the bulk with the sample
Answer: B
Section 17 implies, in a sale by sample, conditions as to correspondence of bulk with sample, opportunity to compare, and freedom from unmerchantable defects not apparent on reasonable examination; place of delivery is not one of them.
Q145Sale of Goods

Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer under the Sale of Goods Act, 1930

aUnless and until the goods are ascertained
bUntil the price is paid in full
cUntil the goods are delivered
dImmediately on the making of the contract
Answer: A
Section 18 provides that in a contract for sale of unascertained goods no property passes unless and until the goods are ascertained.
Q146Sale of Goods

Under an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer under the Sale of Goods Act, 1930

aWhen the goods are delivered
bWhen the contract is made
cWhen the price is paid
dWhen the buyer takes physical possession
Answer: B
Section 20 provides that where there is an unconditional contract for sale of specific goods in a deliverable state, property passes when the contract is made, irrespective of postponement of payment or delivery.
Q147Sale of Goods

Unless otherwise agreed, under the Sale of Goods Act, 1930 the goods remain at the risk of the seller until

aThe property therein is transferred to the buyer
bThe goods are delivered to the buyer
cThe buyer has paid the full price
dThe goods are insured by the buyer
Answer: A
Section 26 lays down that, prima facie, risk passes with property; the goods remain at the seller's risk until the property in them is transferred to the buyer, whether or not delivery has been made.
Q148Sale of Goods

The maxim 'nemo dat quod non habet', which embodies the general rule that a seller cannot give a better title than he himself has, is given statutory effect under the Sale of Goods Act, 1930 in

aSection 19
bSection 23
cSection 30
dSection 27
Answer: D
Section 27 enacts the nemo dat rule: where goods are sold by a person who is not the owner and who sells without the owner's authority or consent, the buyer acquires no better title than the seller had.
Q149Sale of Goods

An unpaid seller of goods who is in possession of them is entitled, under the Sale of Goods Act, 1930, to retain possession until payment of the price. This right is known as the unpaid seller's

aRight of stoppage in transit
bRight of set-off
cRight of re-sale
dRight of lien
Answer: D
Section 47 confers on an unpaid seller in possession of the goods a lien, i.e., the right to retain possession until payment or tender of the price, notwithstanding that property may have passed to the buyer.
Q150Sale of Goods

Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the subsequent buyer under the Sale of Goods Act, 1930

aAcquires no title because the original sale subsists
bAcquires a good title to the goods as against the original buyer
cAcquires title only with the original buyer's consent
dAcquires a title that is voidable at the original buyer's option
Answer: B
Section 54 provides that where an unpaid seller who has exercised lien or stoppage in transit re-sells the goods, the new buyer acquires a good title as against the original buyer, even where no express right of re-sale was reserved.
Q151Specific Relief

A suit by a person dispossessed of immovable property without his consent, otherwise than in due course of law, under Section 6 of the Specific Relief Act, 1963 must be brought within

athirty days from the date of dispossession
bthree years from the date of dispossession
cone year from the date of dispossession
dsix months from the date of dispossession
Answer: D
Section 6(2)(a) bars a suit under that section after the expiry of six months from the date of dispossession. The limitation is special and not three years as under the Limitation Act.
Q152Specific Relief

Against an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963

aan appeal lies but no review
bneither an appeal nor a review shall lie
cboth an appeal and a review lie
donly a revision lies to the High Court
Answer: B
Section 6(3) expressly bars both appeal and review from any order or decree passed in a suit under Section 6, the remedy being a regular title suit instead.
Q153Specific Relief

After the Specific Relief (Amendment) Act, 2018, specific performance of a contract under Section 10

amay be enforced in the discretion of the court
bcan never be enforced where damages are claimable
cshall be enforced by the court, subject to the provisions of Sections 11(2), 14 and 16
dshall be enforced only with the prior sanction of the State Government
Answer: C
The 2018 amendment substituted the discretionary 'may' with 'shall be enforced subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16', making specific performance the rule rather than the exception.
Q154Specific Relief

Which of the following is NOT among the contracts that cannot be specifically enforced under Section 14 of the Specific Relief Act, 1963 (as amended in 2018)?

aA contract which is in its nature determinable
bA contract the performance of which involves a continuous duty which the court cannot supervise
cA contract for the transfer of immovable property where monetary compensation is also available
dA contract so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
Answer: C
Amended Section 14 lists only four excluded categories; a contract for immovable property is generally specifically enforceable, and mere availability of money compensation no longer bars it after the 2018 amendment.
Q155Specific Relief

The remedy of 'substituted performance' of a contract, whereby an aggrieved party may get the contract performed through a third party or his own agency and recover costs from the defaulting party, was introduced by the 2018 amendment in

aSection 15 of the Specific Relief Act, 1963
bSection 18 of the Specific Relief Act, 1963
cSection 25 of the Specific Relief Act, 1963
dSection 20 of the Specific Relief Act, 1963
Answer: D
The Specific Relief (Amendment) Act, 2018 substituted Section 20 to provide for substituted performance, requiring a thirty-day notice in writing to the defaulting party before exercising the option.
Q156Specific Relief

Section 20A of the Specific Relief Act, 1963, inserted by the 2018 amendment, provides that no injunction shall be granted by a court in a suit involving a contract relating to

aany commercial dispute exceeding rupees one crore
bany contract with a foreign company
can infrastructure project specified in the Schedule, where the injunction would cause impediment or delay in its progress or completion
dagricultural land situated within municipal limits
Answer: C
Section 20A bars grant of injunction in suits involving contracts relating to infrastructure projects specified in the Schedule where it would impede or delay the project's progress or completion.
Q157Specific Relief

Under Section 16 of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who

afails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract
bfails to prove that money compensation would be inadequate
cis a minor at the date of the suit
dhas not obtained the prior permission of the court
Answer: A
Section 16(c) (after the 2018 amendment) requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part.
Q158Specific Relief

A person seeking specific performance of a contract who fails to seek the relief in the same suit but later sues for compensation for its breach is barred. This rule, that a plaintiff cannot afterwards sue for compensation if he omitted to claim it in the suit for specific performance, is contained in

aSection 24 of the Specific Relief Act, 1963
bSection 21 of the Specific Relief Act, 1963
cSection 27 of the Specific Relief Act, 1963
dSection 31 of the Specific Relief Act, 1963
Answer: A
Section 24 bars a fresh suit for compensation for breach where the plaintiff's suit for specific performance is dismissed and he had not claimed such compensation in that suit.
Q159Specific Relief

Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that the instrument if left outstanding may cause him serious injury, may sue to have it adjudged void or cancelled. This relief of cancellation of instruments is provided in

aSection 26 of the Specific Relief Act, 1963
bSection 31 of the Specific Relief Act, 1963
cSection 34 of the Specific Relief Act, 1963
dSection 39 of the Specific Relief Act, 1963
Answer: B
Section 31 deals with when cancellation of a written instrument that is void or voidable may be ordered, where it may cause serious injury if left outstanding.
Q160Specific Relief

A suit for a mere declaration of legal character or right to property, without seeking further consequential relief which the plaintiff is able to seek, shall be dismissed. This proviso to the declaratory relief is found in

aSection 34 of the Specific Relief Act, 1963
bSection 35 of the Specific Relief Act, 1963
cSection 38 of the Specific Relief Act, 1963
dSection 41 of the Specific Relief Act, 1963
Answer: A
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Q161Specific Relief

A declaration of status or right made under Section 34 of the Specific Relief Act, 1963 is binding

aonly on the parties to the suit and persons claiming through them respectively
bon the whole world as a judgment in rem
conly on the plaintiff
don the State Government in every case
Answer: A
Section 35 provides that a declaration under Section 34 binds only the parties to the suit and persons claiming through them respectively; it is not a judgment in rem.
Q162Specific Relief

Under the Specific Relief Act, 1963, preventive relief is granted at the discretion of the court by

adecree of specific performance
brescission of contracts
crectification of instruments
dinjunction, temporary or perpetual
Answer: D
Section 36 provides that preventive relief is granted at the discretion of the court by injunction, which may be temporary or perpetual.
Q163Specific Relief

Under Section 41(a) of the Specific Relief Act, 1963, an injunction cannot be granted to restrain a person from prosecuting a judicial proceeding pending at the institution of the suit, EXCEPT where

athe proceeding is before a criminal court
bthe defendant is a public servant
csuch restraint is necessary to prevent a multiplicity of proceedings
dthe value of the suit exceeds rupees one lakh
Answer: C
Section 41(a) prohibits an injunction to stay a pending judicial proceeding unless such restraint is necessary to prevent a multiplicity of proceedings.
Q164Specific Relief

A perpetual injunction may be granted under Section 38 of the Specific Relief Act, 1963 to prevent the breach of an obligation existing in favour of the plaintiff. Where the obligation arises from contract, the court is to be guided by the rules and provisions contained in

aChapter I of the Act
bChapter II of the Act (relating to specific performance of contracts)
cChapter VI of the Act (relating to declaratory decrees)
dthe Code of Civil Procedure alone
Answer: B
Section 38(2) provides that when the obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II of the Act dealing with specific performance.
Q165Specific Relief

Recovery of possession of specific movable property, otherwise than in the manner provided by the Specific Relief Act, 1963, may be claimed by a person entitled to possession under

aSection 5 of the Act
bSection 8 of the Act
cSection 7 of the Act
dSection 12 of the Act
Answer: C
Section 7 provides that a person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure; Section 8 deals with delivery by a person in possession but not the owner.
Q166Specific Relief

A person dispossessed without his consent of immovable property, otherwise than in due course of law, may sue to recover possession under Section 6 of the Specific Relief Act, 1963. Such a suit must be brought within

asix months from the date of dispossession
bthree months from the date of dispossession
cone year from the date of dispossession
dthree years from the date of dispossession
Answer: A
Section 6(2)(a) bars any suit under Section 6 after the expiry of six months from the date of dispossession. No appeal or review lies from a decree under this section, and no such suit lies against the Government.
Q167Specific Relief

After the Specific Relief (Amendment) Act, 2018, the nature of the relief of specific performance of a contract under Section 10 has been altered. Specific performance of a contract is now

aavailable only where money compensation is not an adequate relief
bpurely within the discretion of the court as before
cto be enforced by the court, subject only to the provisions of Sections 11(2), 14 and 16
dabolished as a remedy in commercial contracts
Answer: C
The 2018 amendment substituted Section 10 so that specific performance 'shall be enforced' subject to Sections 11(2), 14 and 16; it is no longer a discretionary remedy. Grant of the relief is now the rule and refusal the exception.
Q168Specific Relief

Under Section 20 of the Specific Relief Act, 1963 (as substituted by the 2018 Amendment), a party suffering breach of contract may get the contract performed by a third party or his own agency (substituted performance) and recover the cost from the defaulting party. However, no such substituted performance is permissible unless the party has, before procuring it, given the defaulting party a written notice of not less than

afifteen days
bthirty days
csixty days
dninety days
Answer: B
The substituted Section 20 allows substituted performance only after the aggrieved party serves a written notice of not less than thirty days on the party in breach, calling upon it to perform within such time.
Q169Specific Relief

Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall not make a declaration as to a person's legal character or right where the plaintiff

ais able to seek further relief than a mere declaration of title but omits to do so
bhas already obtained a declaration in an earlier suit
cis in possession of the property in question
dseeks the declaration against the Government
Answer: A
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief, omits to claim it; he cannot ask only for a declaration in such a case.
Q170Specific Relief

Which one of the following contracts is, as a general rule, NOT specifically enforceable under Section 14 of the Specific Relief Act, 1963?

aA contract for the sale of a particular plot of immovable property
bA contract for the transfer of shares in a closely held company having a special value
cA contract to execute a registered mortgage deed
dA contract which is so dependent on the personal qualifications of a party that the court cannot enforce specific performance of its material terms
Answer: D
Section 14 lists contracts not specifically enforceable, including a contract so dependent on the personal qualifications of a party that the court cannot enforce specific performance of its material terms; sale of land is the classic case where damages are inadequate and specific performance is granted.
Q171Torts

The maxim 'Injuria sine damno' means:

aDamage without violation of a legal right, which is not actionable
bViolation of a legal right without actual damage, which is actionable
cWhere there is a right there is a remedy
dA wrong done by a stranger for which no one is liable
Answer: B
Injuria sine damno means infringement of a legal right without any actual loss; it is actionable per se, as held in Ashby v. White (1703) where a voter wrongfully prevented from voting succeeded though he suffered no loss.
Q172Torts

The 'neighbour principle', which forms the modern foundation of the tort of negligence, was propounded by Lord Atkin in:

aRylands v. Fletcher
bHadley v. Baxendale
cAshby v. White
dDonoghue v. Stevenson
Answer: D
In Donoghue v. Stevenson [1932] AC 562, Lord Atkin laid down that one must take reasonable care to avoid acts or omissions likely to injure one's 'neighbour', i.e. persons so closely and directly affected that one ought reasonably to have them in contemplation.
Q173Torts

The rule of strict liability laid down in Rylands v. Fletcher applies only where the defendant makes a:

aNatural use of his land
bLawful use of his land authorised by statute
cNon-natural use of his land and the dangerous thing escapes
dUse of land with the consent of the plaintiff
Answer: C
Under Rylands v. Fletcher (1868), liability arises only when a person brings onto his land, in the course of a non-natural use, something likely to do mischief which then escapes; a natural use of land does not attract the rule.
Q174Torts

Which of the following is NOT recognised as an exception (defence) to the rule in Rylands v. Fletcher?

aAct of God
bPlaintiff's own default
cConsent of the plaintiff
dPoor financial condition of the defendant
Answer: D
The recognised exceptions to strict liability under Rylands v. Fletcher are act of God, plaintiff's own fault, consent of the plaintiff, act of a third party/stranger and statutory authority; the defendant's financial condition is irrelevant.
Q175Torts

The principle of 'absolute liability', which admits of no exceptions, was first laid down by the Supreme Court of India in:

aBhim Singh v. State of J&K
bKasturilal v. State of U.P.
cRylands v. Fletcher
dM.C. Mehta v. Union of India (Oleum Gas Leak case)
Answer: D
In M.C. Mehta v. Union of India, AIR 1987 SC 1086 (Oleum Gas Leak case), the Supreme Court evolved the rule of absolute liability for enterprises engaged in hazardous activities, holding such liability is not subject to the exceptions available under Rylands v. Fletcher.
Q176Torts

The maxim 'Damnum sine injuria' refers to:

aA loss for which exemplary damages are awarded
bInfringement of a legal right without any loss, which is actionable
cActual loss caused without infringement of any legal right, which is not actionable
dA wrong actionable only on proof of malice
Answer: C
Damnum sine injuria means actual damage suffered without violation of any legal right and is not actionable, as illustrated by the Gloucester Grammar School case where a rival schoolmaster caused loss by lawful competition.
Q177Torts

In Bhim Singh v. State of Jammu & Kashmir, the Supreme Court awarded exemplary damages of Rs. 50,000 to the plaintiff for the tort of:

aDefamation
bWrongful/false imprisonment by illegal detention
cMalicious prosecution
dNegligence
Answer: B
In Bhim Singh v. State of J&K, AIR 1986 SC 494, an MLA was illegally detained by the police to prevent his attending an Assembly session; the Court awarded Rs. 50,000 as exemplary damages for the wrongful detention violating Articles 21 and 22.
Q178Torts

In Kasturilal v. State of Uttar Pradesh, the State was held NOT liable for the negligence of its police officers in losing the plaintiff's gold because the act was committed in the exercise of:

aA non-sovereign (commercial) function
bA contractual obligation
cA statutory duty owed to the plaintiff
dA sovereign function
Answer: D
In Kasturilal v. State of U.P., AIR 1965 SC 1039, the Supreme Court held that the negligent act of the police in handling seized property was done in discharge of a sovereign function, so the State enjoyed sovereign immunity and was not vicariously liable.
Q179Torts

Defamation in a permanent or written form, such as in print, is technically known as:

aLibel
bSlander
cMalice
dInnuendo
Answer: A
Libel is defamation in a permanent and visible form (e.g. writing, print, picture) and is actionable per se, whereas slander is defamation in a transient form such as spoken words.
Q180Torts

The defence of 'Volenti non fit injuria' means that:

aNo remedy lies for a wrong consented to by the plaintiff
bAn act of State is not actionable
cInevitable accident is a good defence
dStatutory authority bars an action
Answer: A
Volenti non fit injuria is a complete defence by which a plaintiff who has freely consented to the risk of harm cannot afterwards sue for it; consent may be express or implied.
Q181Torts

To succeed in an action for the tort of negligence, the plaintiff must prove that the defendant owed him a duty of care, that there was a breach of that duty, AND that:

aThe defendant acted with malice
bThe defendant gained a benefit from the act
cThe breach caused damage to the plaintiff that is not too remote
dThe plaintiff suffered no actual loss
Answer: C
Negligence requires (i) a legal duty of care, (ii) breach of that duty, and (iii) consequential damage caused by the breach which is not too remote; absence of resultant damage defeats the claim.
Q182Torts

The maxim 'Ubi jus ibi remedium' signifies that:

aNo man can be a judge in his own cause
bA wrong without damage is not actionable
cWhere there is a right, there is a remedy
dAn act done by many is not a tort
Answer: C
Ubi jus ibi remedium means wherever the law confers a right it also provides a remedy for its violation; it was applied in Ashby v. White to grant relief for the denial of the right to vote.
Q183Torts

The doctrine of 'Respondeat superior' in the law of torts relates to:

aThe vicarious liability of a master for the torts of his servant committed in the course of employment
bThe strict liability of an occupier of land
cThe personal liability of a joint tortfeasor only
dThe liability of the State for sovereign acts
Answer: A
Respondeat superior ('let the master answer') is the basis of vicarious liability, making a master liable for torts committed by his servant in the course of employment.
Q184Torts

Which of the following is essential to constitute the tort of private nuisance?

aDirect physical entry upon the plaintiff's land
bConfinement of the plaintiff within fixed boundaries
cA false statement lowering the plaintiff's reputation
dUnlawful and substantial interference with the plaintiff's use or enjoyment of his land
Answer: D
Private nuisance is an unlawful, substantial and unreasonable interference with a person's use or enjoyment of his land or some right connected with it; unlike trespass it need not involve direct physical entry.
Q185Torts

Which of the following is a valid general defence available in an action for tort?

aAbsence of any precedent on the point
bPoverty of the defendant
cIgnorance of law by the defendant
dInevitable accident
Answer: D
Inevitable accident, an accident not avoidable by any reasonable care, is a recognised general defence in tort along with volenti non fit injuria, act of God, statutory authority and private defence.
Q186Torts

The maxim 'injuria sine damno' means the violation of a legal right without actual loss or damage, and such violation is by itself actionable. Which of the following decisions is the leading authority for this maxim?

aGloucester Grammar School Case
bAshby v. White
cMogul Steamship Co. v. McGregor
dBradford Corporation v. Pickles
Answer: B
In Ashby v. White (1703), a returning officer wrongfully refused to register a qualified voter's vote; though the candidate still won, the House of Lords held that infringement of the legal right to vote was actionable per se, illustrating injuria sine damno.
Q187Torts

Where a person suffers actual loss but no legal right of his is infringed, the loss is not actionable. This principle of 'damnum sine injuria' is classically illustrated by

aAshby v. White
bDonoghue v. Stevenson
cGloucester Grammar School Case
dRylands v. Fletcher
Answer: C
In the Gloucester Grammar School Case (1410), a rival schoolmaster set up a competing school causing the plaintiff financial loss, but the court held that loss from lawful competition violates no legal right and is not actionable (damnum sine injuria).
Q188Torts

The rule of strict liability laid down in Rylands v. Fletcher (1868) applies only where there is

aa natural use of land and no escape of the dangerous thing
ban intentional and malicious act of the defendant
ca non-natural use of land and an escape of the dangerous thing brought and accumulated on it
dproof of negligence on the part of the defendant
Answer: C
The rule requires the defendant to have made a non-natural use of his land by accumulating something likely to do mischief if it escapes, and that the thing actually escapes and causes damage; liability arises without proof of negligence.
Q189Torts

Which of the following is NOT a recognised exception (defence) to the rule of strict liability in Rylands v. Fletcher?

aAct of God
bAct of a third party (stranger)
cPlaintiff's own default
dThe thing escaping was inherently dangerous
Answer: D
Recognised exceptions to the rule include act of God, act of a stranger, plaintiff's own fault, consent of the plaintiff, and statutory authority; that the thing was inherently dangerous is an element attracting the rule, not a defence to it.
Q190Torts

The principle of 'absolute liability', under which an enterprise carrying on a hazardous or inherently dangerous activity is liable for harm caused irrespective of any defence and without the exceptions available under Rylands v. Fletcher, was propounded by the Supreme Court in

aBhim Singh v. State of J&K
bRylands v. Fletcher
cM.C. Mehta v. Union of India (Oleum Gas Leak case)
dDonoghue v. Stevenson
Answer: C
In M.C. Mehta v. Union of India (AIR 1987 SC 1086), arising from the oleum gas leak at Shriram Foods, the Supreme Court evolved the rule of absolute liability, holding that the Rylands v. Fletcher exceptions do not apply to hazardous enterprises.
Q191Torts

The modern law of negligence and the 'neighbour principle'—the duty to take reasonable care to avoid acts or omissions reasonably foreseeable as likely to injure one's neighbour—was enunciated by Lord Atkin in

aHeaven v. Pender
bDonoghue v. Stevenson
cBourhill v. Young
dGrant v. Australian Knitting Mills
Answer: B
In Donoghue v. Stevenson (1932), where a decomposed snail was found in a ginger-beer bottle, Lord Atkin laid down the neighbour principle, establishing that a manufacturer owes a duty of care to the ultimate consumer.
Q192Torts

False imprisonment requires a total restraint of the liberty of a person; a mere partial obstruction of one's movement, leaving him free to go in another direction, does not amount to false imprisonment. This was held in

aBird v. Jones
bMeering v. Grahame-White Aviation Co.
cHerring v. Boyle
dGarikapati v. Subbiah
Answer: A
In Bird v. Jones (1845) the plaintiff was prevented from crossing part of a bridge but was free to go back the way he came; the court held that imprisonment requires a total restraint of liberty, not a partial obstruction.
Q193Torts

The definition—"Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages"—was given by

aSalmond
bUnderhill
cFraser
dWinfield
Answer: D
This is Winfield's definition of tortious liability, emphasising that the duty is fixed by law and owed towards persons generally, breach being redressed by unliquidated damages.
Q194Torts

The maxim 'volenti non fit injuria' means that

awhere there is a right there is a remedy
ba person who voluntarily consents to suffer harm cannot complain of it as a legal wrong
cno person can be made liable for the act of another
dan act lawful in itself does not become unlawful merely because of a bad motive
Answer: B
Volenti non fit injuria means that one who has voluntarily and with knowledge of the risk consented to the harm cannot afterwards complain of it; the consent operates as a complete defence to the tort.
Q195Torts

Under the principle of vicarious liability, a master is liable for the torts committed by his servant only where the wrongful act is

acommitted during off-duty hours
bcommitted in the course of employment
cexpressly authorised by the master in writing
da criminal offence under the Bharatiya Nyaya Sanhita
Answer: B
A master is vicariously liable for the torts of his servant only when the act is done in the course of employment, whether it be a wrongful mode of doing an authorised act or an act incidental to the employment.
Q196Torts

Which of the following is an essential ingredient required to be proved by the plaintiff in an action for the tort of negligence?

aMalice on the part of the defendant
bA duty of care owed by the defendant to the plaintiff, its breach, and resulting damage
cTotal restraint of the plaintiff's liberty
dPublication of a defamatory statement to a third person
Answer: B
Negligence requires a legal duty of care owed by the defendant to the plaintiff, breach of that duty by failure to exercise reasonable care, and damage to the plaintiff caused by that breach; malice is not an ingredient.
Q197Torts

The tort of defamation in the form of libel refers to a defamatory statement made in

aa transient or spoken form
bgestures alone
ca permanent or written form
da privileged communication
Answer: C
Libel is defamation in a permanent or written (or otherwise recorded) form, whereas slander is defamation in a transient form such as spoken words or gestures.
Q198Torts

Private nuisance, as a tort, is best described as an unlawful interference with a person's

aliberty of movement
breputation in the estimation of right-thinking members of society
cfreedom to contract
duse or enjoyment of land, or of some right over or in connection with it
Answer: D
Private nuisance is an unlawful interference with a person's use or enjoyment of land, or of some right over or in connection with it, such as interference by noise, smell, smoke or vibrations.
Q199Torts

The Consumer Protection Act which, replacing the 1986 Act, introduced for the first time in India a statutory framework of 'product liability' and established the Central Consumer Protection Authority is the Act of

a1986
b1993
c2002
d2019
Answer: D
The Consumer Protection Act, 2019 (which came into force in July 2020) repealed and replaced the 1986 Act and introduced the concept of product liability and the Central Consumer Protection Authority.
Q200Torts

The maxim 'injuria sine damno', under which the violation of a legal right is actionable even though the plaintiff suffers no actual loss, was applied by Lord Holt in which leading case?

aMayor of Bradford v. Pickles
bGloucester Grammar School Case
cAshby v. White
dMogul Steamship Co. v. McGregor
Answer: C
In Ashby v. White (1703) 92 ER 126, a returning officer wrongfully refused to record the plaintiff's vote; though the candidate still won, Lord Holt held that the violation of the legal right to vote was itself actionable (injuria sine damno).
Q201Torts

A schoolmaster set up a rival school next to the plaintiff's school, causing the plaintiff to lose pupils and reduce his fees. The plaintiff's suit failed. This case is the classic illustration of which maxim?

aDamnum sine injuria
bInjuria sine damno
cVolenti non fit injuria
dUbi jus ibi remedium
Answer: A
The Gloucester Grammar School Case (1410) illustrates 'damnum sine injuria' — actual loss caused by lawful competition without the infringement of any legal right is not actionable.
Q202Torts

The rule of strict liability laid down in Rylands v. Fletcher (1868) applies only where the defendant makes

aany use whatsoever of his land
ba non-natural use of his land
ca natural use of his land
dan agricultural use of his land
Answer: B
In Rylands v. Fletcher (1868) LR 3 HL 330, liability for the escape of a dangerous thing arises only where the defendant brings it onto land in the course of a 'non-natural' (special or unusual) use of that land.
Q203Torts

The principle of 'absolute liability', which is wider than the rule in Rylands v. Fletcher and admits of no exceptions, was evolved by the Supreme Court of India in

aM.C. Mehta v. Union of India (Oleum Gas Leak Case)
bRylands v. Fletcher
cDonoghue v. Stevenson
dVaughan v. Menlove
Answer: A
In M.C. Mehta v. Union of India, AIR 1987 SC 1086, Bhagwati C.J. evolved the rule of absolute liability for enterprises engaged in hazardous activities, holding that such liability is not subject to the exceptions recognised in Rylands v. Fletcher.
Q204Torts

The 'neighbour principle', establishing a general duty of care in the tort of negligence, was propounded by Lord Atkin in

aDonoghue v. Stevenson
bHeaven v. Pender
cBourhill v. Young
dHedley Byrne v. Heller
Answer: A
In Donoghue v. Stevenson [1932] AC 562 (the snail-in-the-ginger-beer case), Lord Atkin enunciated the neighbour principle, holding that a manufacturer owes a duty of care to the ultimate consumer.
Q205Torts

Which of the following is NOT a recognised exception to the rule of strict liability in Rylands v. Fletcher?

aAct of God
bAct of a stranger
cNegligence of an independent contractor
dPlaintiff's own default
Answer: C
The recognised defences to the rule in Rylands v. Fletcher are plaintiff's own fault, act of God, act of a third party/stranger, consent of the plaintiff, and statutory authority; the negligence of an independent contractor is not such an exception.
Q206Torts

Bhim Singh, an M.L.A., was wrongfully detained by the police to prevent him from attending the Legislative Assembly session. The Supreme Court awarded him Rs. 50,000 by way of

aexemplary (punitive) damages
bcontemptuous damages
cnominal damages
dliquidated damages
Answer: A
In Bhim Singh v. State of J&K, AIR 1986 SC 494, for the malicious false imprisonment of the petitioner-MLA, the Court awarded Rs. 50,000 as exemplary (punitive) damages.
Q207Torts

Under the maxim 'qui facit per alium facit per se', a master is held liable for the torts of his servant committed

aat any time, whether or not connected with employment
bonly when the master expressly authorises the tort
cin the course of employment
donly when the servant acts for the master's benefit
Answer: C
Vicarious liability of a master for the torts of his servant arises only where the wrongful act is committed 'in the course of employment'; an act done outside the scope of employment (on a frolic of the servant's own) does not fasten liability on the master.
Q208Torts

The defence of 'volenti non fit injuria' is not available where

athe plaintiff freely consents to the risk
bthe consent is obtained by fraud or the act is unlawful
cthe consent is given under a contract of employment voluntarily
dthe plaintiff is a spectator at a sporting event
Answer: B
Volenti non fit injuria requires free and genuine consent; the defence fails where consent is obtained by fraud or compulsion, or where the act consented to is itself illegal, since one cannot validly consent to an unlawful act.
Q209Torts

In Wilkinson v. Downton (1897), the defendant by way of a practical joke falsely told the plaintiff that her husband had been seriously injured, causing her nervous shock. The defendant was held liable for

ano tort, as it was a mere joke
bdefamation
cnegligent misstatement
dintentional infliction of physical harm through a false statement
Answer: D
Wilkinson v. Downton [1897] 2 QB 57 recognised the tort of wilfully doing an act calculated to cause physical harm; the false statement that produced nervous shock and illness in the plaintiff made the defendant liable.
Q210Torts

Which of the following is an essential ingredient that a plaintiff must prove in an action for malicious prosecution?

aThat the prosecution ended in the plaintiff's conviction
bThat the prosecution was a civil proceeding
cThat the defendant suffered damage
dThat the prosecution was instituted without reasonable and probable cause and with malice
Answer: D
In malicious prosecution the plaintiff must prove that the defendant prosecuted him, without reasonable and probable cause and with malice, that the proceedings terminated in the plaintiff's favour, and that he suffered damage.
Q211Torts

A continuous, unlawful and unreasonable interference with a person's use or enjoyment of his land, or of some right in connection with it, is the tort of

aprivate nuisance
btrespass to land
cnegligence
ddefamation
Answer: A
Private nuisance is an unlawful interference with a person's use or enjoyment of land, or of some right over or in connection with it; unlike trespass it requires actual damage and is generally a continuing wrong.
Q212Torts

Total restraint of the liberty of a person, for however short a time, without lawful justification, constitutes the tort of

aassault
bfalse imprisonment
cbattery
dmalicious prosecution
Answer: B
False imprisonment is the total restraint of a person's liberty, even momentarily and without actual touching, without lawful justification; if the restraint is only partial, leaving a reasonable means of escape, it is not false imprisonment.
Q213Torts

Defamation in a permanent form, such as writing or print, which is actionable per se without proof of special damage, is known as

alibel
bslander
cinnuendo
dmalice
Answer: A
Libel is defamation in a permanent or visible form (writing, print, picture) and is actionable per se; slander, being defamation in a transient form such as spoken words, generally requires proof of special damage.
Q214Torts

The Consumer Protection Act which presently governs consumer disputes in India and which repealed the earlier Act of 1986, came into force in

athe year 2015
bthe year 2017
cthe year 2021
dthe year 2019, the main provisions taking effect from July 2020
Answer: D
The Consumer Protection Act, 2019 repealed the Consumer Protection Act, 1986; its principal provisions were brought into force with effect from 20 July 2020.
Q215Torts

The definition "Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation" is attributed to which jurist?

aWinfield
bUnderhill
cFraser
dSalmond
Answer: D
This is Salmond's definition of tort, which describes a tort by reference to the remedy (a common-law action for unliquidated damages) and excludes breach of contract, breach of trust and other purely equitable obligations.
Q216Torts

In Ashby v. White (1703), a qualified voter was wrongfully prevented from voting by the returning officer, though the candidate he wished to vote for won the election. The court allowed his claim. This case illustrates the maxim

adamnum sine injuria
binjuria sine damno
cvolenti non fit injuria
dubi jus ibi remedium only and not any injuria maxim
Answer: B
Ashby v. White is the classic authority for injuria sine damno (infringement of a legal right without actual loss); Lord Holt held the violation of the legal right to vote was itself actionable even though no pecuniary loss resulted.
Q217Torts

A schoolmaster set up a rival grammar school next to the plaintiff's school, drawing away pupils and forcing the plaintiff to reduce his fees. The plaintiff's suit for the resulting loss failed. The Gloucester Grammar School case (1410) is therefore an authority for

ainjuria sine damno
bdamnum sine injuria
cabsolute liability
dthe rule in Rylands v. Fletcher
Answer: B
The Gloucester Grammar School case illustrates damnum sine injuria, monetary loss caused by lawful competition without infringement of any legal right, and such loss is not actionable.
Q218Torts

Under the rule in Rylands v. Fletcher (1868), the strict liability of a person who brings and accumulates a dangerous thing on his land arises only where there is a

anatural user of land and the thing remains on the land
bbreach of a statutory duty of care
cintentional act done with malice
dnon-natural user of land and an escape of the dangerous thing causing damage
Answer: D
Rylands v. Fletcher imposes strict liability where a person makes a non-natural use of his land by accumulating a dangerous thing which escapes and causes damage; absence of escape or non-natural use defeats the rule.
Q219Torts

Which of the following is NOT a recognised exception or defence to the rule in Rylands v. Fletcher?

aAct of God
bThe dangerous thing was brought for the defendant's own benefit
cConsent or default of the plaintiff
dAct of a third party (stranger)
Answer: B
Act of God, act of a stranger, plaintiff's own default/consent (and statutory authority) are recognised exceptions to Rylands v. Fletcher. That the thing was brought for the defendant's own purpose is in fact a condition of liability, not a defence.
Q220Torts

In Read v. J. Lyons & Co. Ltd. (1947), an inspector was injured by an explosion inside a munitions factory. The House of Lords held the rule in Rylands v. Fletcher inapplicable because

athe explosive was a natural use of land
bthere was no escape of the dangerous thing from the defendant's premises
cthe plaintiff had consented to the risk
dthe injury was caused by an act of God
Answer: B
Read v. Lyons held that 'escape' from the place under the defendant's control to a place outside it is essential to Rylands v. Fletcher; as the injury occurred within the factory premises there was no escape and the rule did not apply.
Q221Torts

The principle of 'absolute liability', under which an enterprise engaged in a hazardous or inherently dangerous activity is liable without the exceptions available under Rylands v. Fletcher, was evolved by the Supreme Court of India in

aRylands v. Fletcher
bBhim Singh v. State of J&K
cDonoghue v. Stevenson
dM.C. Mehta v. Union of India (Oleum Gas Leak case)
Answer: D
In M.C. Mehta v. Union of India (1987), arising from the oleum gas leak at Shriram, the Supreme Court (per Bhagwati C.J.) laid down the rule of absolute liability, holding that an enterprise carrying on a hazardous activity is absolutely liable, without the exceptions recognised in Rylands v. Fletcher.
Q222Torts

The 'neighbour principle', as a general test for the existence of a duty of care in negligence, was enunciated by Lord Atkin in

aRylands v. Fletcher (1868)
bDonoghue v. Stevenson (1932)
cWagon Mound (No. 1) (1961)
dAshby v. White (1703)
Answer: B
In Donoghue v. Stevenson, where a decomposed snail was found in a ginger-beer bottle, Lord Atkin laid down the neighbour principle: one must take reasonable care to avoid acts or omissions likely to injure persons so closely and directly affected that one ought reasonably to have them in contemplation.
Q223Torts

In an action for negligence, which of the following is NOT an essential ingredient the plaintiff must establish?

aA legal duty of care owed by the defendant to the plaintiff
bBreach of that duty by the defendant
cDamage to the plaintiff caused by the breach
dMalice or improper motive on the part of the defendant
Answer: D
Negligence requires duty of care, breach of duty and resulting damage. Malice or improper motive is not an ingredient of negligence, as the standard is objective (the conduct of the reasonable man).
Q224Torts

The defence of 'volenti non fit injuria' requires that the plaintiff

ahad mere knowledge of the risk
bsuffered loss without any legal injury
cfreely and voluntarily agreed to undertake the risk with full knowledge of it
dwas guilty of contributory negligence
Answer: C
Volenti non fit injuria requires that the plaintiff, with full knowledge of the risk, freely and voluntarily consented to undertake it; mere knowledge (sciens) is not enough, as held in Smith v. Baker & Sons.
Q225Torts

For the defence of 'Act of God' (vis major) to succeed, the event causing the damage must be

acaused by some human agency, even if unintended
ba wrongful act of a third-party stranger
can ordinary natural event such as normal rainfall
dthe result of natural forces so extraordinary that it could not reasonably have been foreseen or guarded against
Answer: D
Act of God is an operation of natural forces so unexpected and extraordinary that no human foresight or prudence could reasonably anticipate or guard against it; it must be free from any human agency.
Q226Torts

The test of 'reasonable foreseeability of the kind of damage' as the criterion for remoteness of damage in negligence, replacing the directness test of Re Polemis, was laid down in

aRylands v. Fletcher (1868)
bHadley v. Baxendale (1854)
cScott v. Shepherd (1773)
dWagon Mound (No. 1) (1961)
Answer: D
In Overseas Tankship (UK) Ltd. v. Morts Dock (The Wagon Mound No. 1), the Privy Council held that reasonable foreseeability of the kind of harm is the test of remoteness, disapproving the directness test of Re Polemis.
Q227Torts

Vicarious liability of a master for the torts of his servant is generally founded on the principle that the master is liable

aonly for torts committed by the servant in the course of employment
bfor every act of the servant, whether connected with the employment or not
conly where the master has expressly authorised the wrongful act
donly where the master is personally negligent
Answer: A
A master is vicariously liable for torts committed by his servant in the course of employment, even if the particular act was unauthorised, provided it was a wrongful mode of doing an authorised act; acts wholly outside the course of employment do not attract this liability.
Q228Torts

In an action for malicious prosecution, which of the following is NOT a necessary ingredient to be proved by the plaintiff?

aThe defendant prosecuted the plaintiff
bThe prosecution ended in the plaintiff's favour
cThe plaintiff suffered no damage at all
dThe prosecution was without reasonable and probable cause and was malicious
Answer: C
Malicious prosecution requires a prosecution by the defendant, ending in the plaintiff's favour, without reasonable and probable cause, actuated by malice, and resulting in damage to the plaintiff. Proof of damage is essential, so 'no damage at all' is not an ingredient.
Q229Torts

Defamation in a permanent or written form, such as in print, is termed

alibel
bslander
cinnuendo
dmalice in fact
Answer: A
Libel is defamation in a permanent form (e.g., writing, print, picture), while slander is defamation in a transient form such as spoken words. Libel is actionable per se under the common law.
Q230Torts

The rule of strict liability for the escape of a dangerous thing brought upon land by a non-natural use was first laid down in which case?

aRylands v. Fletcher
bDonoghue v. Stevenson
cAshby v. White
dNichols v. Marsland
Answer: A
In Rylands v. Fletcher (1868), the House of Lords held that a person who, for his own purposes, brings on his land and collects anything likely to do mischief if it escapes, is strictly liable for the damage caused by its escape, irrespective of negligence.
Q231Torts

Which of the following is NOT an essential ingredient of the rule in Rylands v. Fletcher?

aBringing of a dangerous thing on the land
bNon-natural use of the land
cNegligence on the part of the defendant
dEscape of the dangerous thing
Answer: C
The rule imposes strict liability; the plaintiff need not prove negligence. The essentials are a dangerous thing brought on the land, a non-natural use, and an escape causing damage.
Q232Torts

Which one of the following is recognised as a valid exception (defence) to the rule of strict liability in Rylands v. Fletcher?

aAct of God
bInevitable accident in every case
cCarelessness of a servant
dStatutory permission with negligence
Answer: A
Act of God (vis major), as recognised in Nichols v. Marsland, is an established exception to the rule, along with plaintiff's own default, consent, act of a stranger and statutory authority.
Q233Torts

The principle of 'absolute liability', under which an enterprise engaged in a hazardous activity is liable without exceptions, was propounded by the Supreme Court of India in

aRylands v. Fletcher
bDonoghue v. Stevenson
cM.C. Mehta v. Union of India (Oleum Gas Leak case)
dBhim Singh v. State of J&K
Answer: C
In M.C. Mehta v. Union of India (AIR 1987 SC 965), arising out of the oleum gas leak from Shriram Foods, the Supreme Court evolved the rule of absolute liability, going beyond Rylands v. Fletcher and refusing to recognise its exceptions.
Q234Torts

The modern law of negligence and the 'neighbour principle' to determine the existence of a duty of care owe their origin to

aRylands v. Fletcher
bDonoghue v. Stevenson
cGloucester Grammar School case
dAshby v. White
Answer: B
In Donoghue v. Stevenson (1932), the House of Lords laid down the neighbour principle, holding that a manufacturer owes a duty of care to the ultimate consumer of his product.
Q235Torts

The leading case illustrating the maxim 'injuria sine damno', where a qualified voter was wrongfully prevented from casting his vote, is

aGloucester Grammar School case
bMogul Steamship Co. v. McGregor
cNichols v. Marsland
dAshby v. White
Answer: D
In Ashby v. White (1703), the plaintiff voter was wrongfully refused the right to vote; though no actual loss resulted, the violation of his legal right was held actionable on the principle ubi jus ibi remedium.
Q236Torts

The Gloucester Grammar School case (1410) is a classic illustration of which of the following maxims?

aInjuria sine damno
bRes ipsa loquitur
cVolenti non fit injuria
dDamnum sine injuria
Answer: D
In the Gloucester Grammar School case, the rival schoolmaster caused financial loss through lawful competition but violated no legal right, illustrating damnum sine injuria (damage without legal injury), for which no action lies.
Q237Torts

Under the defence of 'volenti non fit injuria', no remedy lies in tort where the plaintiff

ahas voluntarily consented to suffer the harm
bhas suffered harm by an act of God
chas suffered harm through inevitable accident
dhas been harmed by a stranger's wrongful act
Answer: A
Volenti non fit injuria means that one who voluntarily consents to suffer harm cannot complain of it; the consent must be free and given with knowledge of the risk.
Q238Torts

An 'act of God' as a defence in tort refers to

aany unexpected injury which could have been foreseen and avoided
bthe negligent act of a third party
can operation of natural forces so extraordinary that no human foresight could provide against it
dan ordinary occurrence of nature that a prudent man could anticipate
Answer: C
Act of God (vis major) is a working of natural forces so unexpected and extraordinary that no reasonable human foresight or prudence could guard against it, as illustrated in Nichols v. Marsland.
Q239Torts

In Nichols v. Marsland, the defendant was held NOT liable for the escape of water from artificial lakes because the flooding was caused by

aan extraordinary rainfall amounting to an act of God
bthe plaintiff's own default
cthe wrongful act of a stranger
dstatutory authority
Answer: A
In Nichols v. Marsland (1876), an extraordinary and unforeseeable rainfall burst the defendant's artificial lakes; the court held the escape was due to an act of God, exonerating the defendant from liability under Rylands v. Fletcher.
Q240Torts

The legal maxim that translates as 'where there is a right, there is a remedy' is

ares ipsa loquitur
bubi jus ibi remedium
cqui facit per alium facit per se
dvolenti non fit injuria
Answer: B
Ubi jus ibi remedium means that wherever the law confers a right, it also provides a remedy for its infringement; this principle was reaffirmed in Ashby v. White.
Q241Torts

The maxim by which a master is held liable for the torts of his servant committed in the course of employment is best expressed by

aqui facit per alium facit per se
bdamnum sine injuria
cinjuria sine damno
dactio personalis moritur cum persona
Answer: A
Vicarious liability of a master for the acts of his servant rests on the maxim qui facit per alium facit per se (he who acts through another acts himself), provided the wrong was committed in the course of employment.
Q242Torts

Which of the following is an essential element for the tort of negligence as established in Donoghue v. Stevenson?

aExistence of a duty of care, its breach, and resulting damage
bVoluntary consent of the plaintiff to the harm
cEscape of a dangerous thing from the defendant's land
dA non-natural use of land by the defendant
Answer: A
Negligence requires a legal duty of care owed to the plaintiff, a breach of that duty by the defendant, and consequential damage to the plaintiff; Donoghue v. Stevenson established the duty-of-care element.
Q243Torts

In the Oleum Gas Leak case, the Supreme Court held that the measure of compensation payable by an enterprise carrying on a hazardous activity should be

alimited strictly to the principle in Rylands v. Fletcher
bcorrelated to the magnitude and capacity of the enterprise so as to have a deterrent effect
cconfined only to medical expenses of the victims
dpayable only if negligence is proved against the enterprise
Answer: B
In M.C. Mehta v. Union of India (1987), the Court held that compensation under absolute liability must be correlated to the magnitude and financial capacity of the enterprise so that it acts as a deterrent.
Q244Torts

In which of the following cases was the rule of strict liability, holding that a person who brings onto his land and keeps there anything likely to do mischief if it escapes is prima facie liable for the natural consequences of its escape, first laid down?

aDonoghue v. Stevenson
bAshby v. White
cRylands v. Fletcher
dBird v. Jones
Answer: C
The rule of strict liability was laid down in Rylands v. Fletcher (1868), where the defendant was held liable for the escape of water from a reservoir built on his land, irrespective of negligence, this being a non-natural use of land.
Q245Torts

The principle of 'absolute liability', under which an enterprise carrying on a hazardous or inherently dangerous activity is liable without any of the exceptions available under strict liability, was propounded by the Supreme Court of India in

aRylands v. Fletcher
bM.C. Mehta v. Union of India (Oleum Gas Leak case)
cGloucester Grammar School case
dDonoghue v. Stevenson
Answer: B
In M.C. Mehta v. Union of India, AIR 1987 SC 1086, the Supreme Court evolved the principle of absolute liability, which unlike the rule in Rylands v. Fletcher admits no exceptions such as act of God or act of a stranger.
Q246Torts

The maxim 'injuria sine damno', meaning injury without damage, was applied to hold a returning officer liable for wrongfully refusing to register a duly tendered vote, even though the candidate the voter supported was elected, in the case of

aAshby v. White
bMogul Steamship Co. v. McGregor
cGloucester Grammar School case
dBradford Corporation v. Pickles
Answer: A
In Ashby v. White (1703), the plaintiff was wrongfully prevented from voting but suffered no monetary loss; the violation of his legal right was held actionable, illustrating injuria sine damno.
Q247Torts

The maxim 'damnum sine injuria', meaning damage without legal injury, is best illustrated by which of the following cases, where a rival schoolmaster who set up a competing school and caused loss to the plaintiff school was held not liable?

aAshby v. White
bBhim Singh v. State of J & K
cGloucester Grammar School case
dRylands v. Fletcher
Answer: C
In the Gloucester Grammar School case (1410), a rival school caused financial loss to the plaintiff through lawful competition; as no legal right was infringed, no action lay, illustrating damnum sine injuria.
Q248Torts

The 'neighbour principle' in the law of negligence, requiring a person to take reasonable care to avoid acts or omissions reasonably foreseeable as likely to injure his neighbour, was enunciated by Lord Atkin in

aGrant v. Australian Knitting Mills
bRyland v. Fletcher
cHeaven v. Pender
dDonoghue v. Stevenson
Answer: D
In Donoghue v. Stevenson [1932] AC 562, where a decomposed snail was found in a ginger beer bottle, Lord Atkin laid down the neighbour principle as the foundation of the modern law of negligence.
Q249Torts

An MLA of Jammu & Kashmir was illegally detained by the police to prevent him from attending a session of the Legislative Assembly and was awarded exemplary damages of Rs. 50,000 by the Supreme Court. This was held in

aRudal Sah v. State of Bihar
bBhim Singh v. State of Jammu & Kashmir
cNilabati Behera v. State of Orissa
dD.K. Basu v. State of West Bengal
Answer: B
In Bhim Singh v. State of J & K, AIR 1986 SC 494, the Supreme Court held the wrongful detention to be a violation of Articles 21 and 22(2) and awarded Rs. 50,000 as exemplary damages.
Q250Torts

Under the maxim 'volenti non fit injuria', the defence of consent does NOT avail the defendant in which one of the following situations?

aWhere the plaintiff is a spectator injured at a motor race to which he had voluntarily come
bWhere the plaintiff, a rescuer, is injured while voluntarily intervening to avert danger created by the defendant's negligence
cWhere the plaintiff agreed in advance to undergo a risky surgical operation
dWhere the plaintiff knowingly entered premises bearing a clear warning of danger
Answer: B
In rescue cases such as Haynes v. Harwood (1935), the defence of volenti non fit injuria does not apply, since the rescuer acts under a legal or moral duty and does not freely assume the risk.

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