Bihar Judiciary Mock Test 7 — Questions & Solutions
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The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was launched in connection with the grievances of
aIndigo cultivators
bTextile mill workers
cSalt manufacturers
dPlantation tea labourers
Answer: A
In Champaran (Bihar), peasants were forced under the tinkathia system to grow indigo; Gandhi's 1917 satyagraha secured relief for these cultivators.
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, an organisation of
aRefugee relief workers in Africa
bClimate activists from the Pacific islands
cWar correspondents in the Middle East
dJapanese atomic bomb survivors
Answer: D
Nihon Hidankyo, a grassroots movement of survivors (hibakusha) of the 1945 Hiroshima and Nagasaki bombings, won the 2024 Nobel Peace Prize for its efforts toward a world free of nuclear weapons.
Under which Article of the Constitution does the President of India have the power to grant pardons, reprieves and remissions of punishment?
aArticle 143
bArticle 76
cArticle 161
dArticle 72
Answer: D
Article 72 confers on the President the power to grant pardons, reprieves, respites or remissions of punishment, while a Governor has a similar power under Article 161.
Bihar Diwas, which marks the carving out of the Province of Bihar and Orissa from the Bengal Presidency, is observed every year on
a15th August
b1st November
c26th January
d22nd March
Answer: D
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency, and Bihar Diwas is celebrated on 22 March every year to commemorate the state's formation.
The Patna High Court, the principal court of record for the State of Bihar, commenced functioning in the year
a1862
b1916
c1935
d1950
Answer: B
The Patna High Court was established by Letters Patent in February 1916 and began work from 1 March 1916; it was the sixth High Court to be set up in British India.
Mahatma Gandhi's first satyagraha on Indian soil, launched in 1917 against the exploitative tinkathia system of indigo cultivation, took place in which district of Bihar?
aSaran
bChamparan
cMuzaffarpur
dGaya
Answer: B
The Champaran Satyagraha of 1917 was Gandhi's first satyagraha in India, directed against the tinkathia system that forced peasants to grow indigo on part of their land.
As per the State of World Population Report 2025, which country is the most populous in the world?
aChina
bUnited States
cIndia
dIndonesia
Answer: C
India is the world's most populous country with about 1.46 billion people in 2025, having overtaken China; this is reaffirmed in the UNFPA State of World Population 2025 report.
The National Makhana Board, announced in the Union Budget 2025-26 and launched in September 2025, was set up to support farmers primarily in which State?
aAssam
bWest Bengal
cOdisha
dBihar
Answer: D
The National Makhana Board was established to boost production, processing and marketing of makhana (fox nuts) in Bihar, which produces over 80 percent of India's makhana; it was launched at Purnea in 2025.
Nitish Kumar, who took oath in November 2025, became the Chief Minister of Bihar for the
a8th time
b10th time
c9th time
d11th time
Answer: B
Following the NDA's victory in the 2025 Bihar Assembly elections, Nitish Kumar was sworn in as Chief Minister for a record 10th time at Gandhi Maidan, Patna, on 20 November 2025.
Which ancient university of Bihar, regarded as one of the world's earliest residential universities, was a major centre of Buddhist learning until it was destroyed in the late 12th century?
aNalanda
bVikramshila
cTaxila
dOdantapuri
Answer: A
Nalanda Mahavihara, near present-day Rajgir in Bihar, was a renowned residential centre of Buddhist learning and is a UNESCO World Heritage Site; it was sacked by Bakhtiyar Khilji around 1193 CE.
Under the Constitution of India, which Article empowers the President to declare a 'failure of constitutional machinery' in a State and impose President's Rule?
aArticle 352
bArticle 370
cArticle 360
dArticle 356
Answer: D
Article 356 provides for the proclamation of President's Rule when the President is satisfied that the government of a State cannot be carried on in accordance with the Constitution.
The first Buddhist Council, held shortly after the Mahaparinirvana of the Buddha, was convened at which place in present-day Bihar?
aVaishali
bBodh Gaya
cPataliputra
dRajagriha (Rajgir)
Answer: D
The First Buddhist Council was held at Rajagriha (modern Rajgir) under the patronage of King Ajatashatru soon after the Buddha's death, to compile his teachings.
In the 'August Offer' of 1940, the British government proposed for India the eventual grant of
acomplete independence
bprovincial autonomy only
cDominion Status
dpartition into two states
Answer: C
The August Offer of 1940, made by Viceroy Linlithgow, promised Dominion Status as the goal for India and the expansion of the Viceroy's Executive Council, but it was rejected by the Congress.
The Lion Capital of Ashoka, adopted as the State Emblem of India, was originally erected at which site?
aSanchi
bVaishali
cSarnath
dLauriya Nandangarh
Answer: C
The Lion Capital was erected by Emperor Ashoka atop a pillar at Sarnath, near Varanasi, where the Buddha gave his first sermon; it was adopted as India's State Emblem in 1950.
The Patna High Court, which exercises jurisdiction over the State of Bihar, was formally established in the year
a1862
b1950
c1935
d1916
Answer: D
The Patna High Court was established on 3 February 1916 under a Letters Patent issued pursuant to the Government of India Act 1915, and commenced work from March 1916. Its first Chief Justice was Sir Edward Maynard Des Champs Chamier.
The ancient seat of learning, the Nalanda Mahavihara situated in Bihar, was inscribed on the UNESCO World Heritage List in the year
a2014
b2016
c2018
d2019
Answer: B
The Archaeological Site of Nalanda Mahavihara was inscribed on the UNESCO World Heritage List on 15 July 2016. It is regarded as the most ancient university of the Indian subcontinent, founded by Kumaragupta I.
The district of Kaimur, with its headquarters at Bhabua, is one of the ____ districts of Bihar.
a32
b38
c36
d40
Answer: B
Bihar is administratively divided into 38 districts, and Kaimur (headquarters Bhabua) is one of them. Kaimur was carved out of Rohtas district in 1991.
The Champaran Satyagraha of 1917, the first civil-disobedience movement led by Mahatma Gandhi in India, was directed against the exploitation of cultivators under the
aPermanent Settlement
bMahalwari system
cRyotwari system
dTinkathia system
Answer: D
Under the Tinkathia system, indigo planters in Champaran compelled tenants to grow indigo on three-twentieths (3/20) of their land. Gandhi's 1917 Champaran Satyagraha secured relief for these cultivators.
Which Article of the Constitution of India empowers the High Courts to issue writs for the enforcement of fundamental rights and for any other purpose?
aArticle 226
bArticle 136
cArticle 32
dArticle 246
Answer: A
Article 226 empowers every High Court to issue writs not only for the enforcement of fundamental rights but also for 'any other purpose,' making it wider in scope than Article 32, which is confined to fundamental rights.
The Sixth Schedule of the Constitution of India contains special provisions for the administration of
aScheduled Castes throughout India
bTribal areas in Assam, Meghalaya, Tripura and Mizoram
cUnion Territories
dAnglo-Indian community
Answer: B
The Sixth Schedule provides for the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram through Autonomous District and Regional Councils. The Fifth Schedule, by contrast, deals with Scheduled Areas in other States.
The river Gandak, which joins the Ganga near Patna, originates in
aNepal
bTibet
cSikkim
dUttarakhand
Answer: A
The Gandak (also called the Narayani in Nepal) rises in the Nepal Himalayas and flows through Bihar to join the Ganga near Hajipur/Patna. It is one of the major northern tributaries of the Ganga in Bihar.
The 'Doctrine of Pith and Substance,' frequently applied by courts in India, is principally used to determine questions relating to
aQuantum of punishment in criminal trials
bValidity of a will
cLegislative competence between the Union and the States
dApportionment of liability in tort
Answer: C
The Doctrine of Pith and Substance is invoked to ascertain the true nature or 'pith and substance' of a law to decide whether a legislature was competent to enact it, even if it incidentally encroaches upon a field reserved for the other legislature.
A sum of money doubles itself 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?
a16 years
b12 years
c32 years
d24 years
Answer: D
If the sum doubles in 8 years under simple interest, the interest earned equals the principal in 8 years. To become four times, the interest must equal three times the principal, requiring 3 x 8 = 24 years.
Choose the option that correctly fills the blank: 'The judge directed that the accused be tried _____ the provisions of the new Act.'
ain accordance to
baccordance of
cin accordance with
daccording with
Answer: C
The standard and grammatically correct prepositional phrase is 'in accordance with.' The forms 'in accordance to' and 'according with' are incorrect English usage.
The First Battle of Panipat (1526), which marked the foundation of Mughal rule in India, was fought between Babur and
aIbrahim Lodi
bRana Sanga
cSher Shah Suri
dHemu
Answer: A
At the First Battle of Panipat in 1526, Babur defeated and killed Ibrahim Lodi, the last Sultan of the Delhi Sultanate, thereby laying the foundation of the Mughal Empire in India.
Bihar Diwas, the foundation day of the State of Bihar, is observed every year on which date, marking its separation from the Bengal Presidency in 1912?
a1 November
b15 August
c22 March
d26 January
Answer: C
On 22 March 1912 the Bihar and Orissa divisions were carved out of the Bengal Presidency, and Bihar Diwas is celebrated on this date every year.
Mahatma Gandhi launched his first Satyagraha in India in 1917 at Champaran (Bihar) against the oppressive cultivation system known as the
aRyotwari system
bMahalwari system
cPermanent Settlement
dTinkathia system
Answer: D
Under the Tinkathia system Champaran tenants were compelled to grow indigo on three-twentieths of their land; Gandhi's 1917 Champaran Satyagraha led to its abolition.
The archaeological site of Nalanda Mahavihara, the ancient seat of Buddhist learning located in Bihar, was inscribed on the UNESCO World Heritage List in which year?
a2002
b2010
c2021
d2016
Answer: D
The Archaeological Site of Nalanda Mahavihara in Bihar was inscribed on the UNESCO World Heritage List on 15 July 2016.
The Sonepur Mela, reputed to be Asia's largest cattle fair, is held at the confluence of the Ganga and which other river in Bihar?
aKosi
bSon
cBagmati
dGandak
Answer: D
The Sonepur (Harihar Kshetra) Mela is held on Kartik Purnima at the confluence of the Ganga and the Gandak rivers and is regarded as Asia's largest cattle fair.
Lok Nayak Jayaprakash Narayan, who gave the call for 'Total Revolution' (Sampoorna Kranti) in 1974, was born at Sitabdiara, now in which district of Bihar?
aPurnea
bGaya
cMunger
dSaran
Answer: D
Jayaprakash Narayan was born at Sitabdiara, located in present-day Saran district of Bihar, and gave the call for Total Revolution at a Patna rally on 5 June 1974.
The Maha Kumbh Mela 2025, described as the world's largest religious gathering, was held at Prayagraj at the confluence (Triveni Sangam) of the Ganga, the Yamuna and which mythical river?
aGodavari
bSaraswati
cSindhu
dNarmada
Answer: B
The Maha Kumbh Mela 2025 (13 January to 26 February 2025) was held at the Triveni Sangam in Prayagraj, the confluence of the Ganga, Yamuna and the mythical Saraswati.
If a clock shows the time as 3:15, the angle between the hour hand and the minute hand is
a0 degrees
b15 degrees
c7.5 degrees
d30 degrees
Answer: C
At 3:15 the minute hand is at 90 degrees while the hour hand has moved to 7.5 degrees past 90 (3 x 30 + 15 x 0.5 = 97.5); the difference is 7.5 degrees.
The Archaeological Site of Nalanda Mahavihara, inscribed on the UNESCO World Heritage List in 2016, is located in which district of Bihar?
aNalanda
bVaishali
cBhagalpur
dMunger
Answer: A
The excavated remains of the ancient Nalanda Mahavihara lie in Nalanda district, near Bihar Sharif, and were declared a UNESCO World Heritage Site in 2016.
Which provision of the Constitution of India contains the Right to Constitutional Remedies, described by Dr. B. R. Ambedkar as the 'heart and soul' of the Constitution?
aArticle 19
bArticle 21
cArticle 44
dArticle 32
Answer: D
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights; Ambedkar called it the heart and soul of the Constitution.
The Union Budget 2025-26 announced the setting up of a 'Makhana Board' in Bihar. The National Makhana Board, inaugurated in September 2025, is headquartered in which Bihar district?
aDarbhanga
bPurnea
cKatihar
dMadhubani
Answer: B
The National Makhana Board was inaugurated at Purnea on 15 September 2025; Bihar produces nearly 90% of India's makhana, chiefly in the Mithilanchal region.
The 2025 G20 Leaders' Summit, held in November 2025, was historically significant because it was the first G20 summit hosted on the African continent. In which city was it held?
aCairo
bJohannesburg
cNairobi
dCape Town
Answer: B
The 2025 G20 Summit was held on 22-23 November 2025 at the Johannesburg Expo Centre, South Africa, the first ever held on African soil.
The 'Champaran Satyagraha' of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was launched against the exploitation of cultivators in connection with which crop?
aIndigo
bSugarcane
cCotton
dJute
Answer: A
The Champaran Satyagraha in Bihar was directed against the tinkathia system, under which European planters forced peasants to grow indigo on part of their land.
The gas predominantly responsible for the greenhouse effect leading to global warming, and the most abundant greenhouse gas emitted through human activities, is:
aOxygen
bNitrogen
cCarbon dioxide
dHydrogen
Answer: C
Carbon dioxide (CO2), released chiefly by burning fossil fuels, is the principal anthropogenic greenhouse gas driving global warming.
Under the Indian Constitution, the power to grant pardons, reprieves and remissions of punishment in cases tried by court martial or under Union law is vested in the:
aPrime Minister
bChief Justice of India
cPresident of India
dAttorney General of India
Answer: C
Article 72 confers on the President the power to grant pardons, reprieves, respites or remissions of punishment, including in court-martial cases and all cases of death sentence.
The Champaran Satyagraha of 1917, often regarded as Mahatma Gandhi's first civil disobedience campaign in India, was directed against the exploitative cultivation of which crop forced upon peasants by European planters?
aSugarcane
bCotton
cIndigo
dOpium
Answer: C
In Champaran (Bihar), planters compelled tenants to grow indigo on part of their land under the tinkathia system. Gandhi's 1917 movement there marked his first major satyagraha on Indian soil.
Following the Bihar Legislative Assembly elections held in 2025, who was sworn in as Chief Minister of Bihar, a feat that made him the holder of the record for the most times sworn in to that office?
aTejashwi Yadav
bSamrat Choudhary
cNitish Kumar
dVijay Kumar Sinha
Answer: C
After the NDA's victory in the 2025 Bihar Assembly election, Nitish Kumar took oath as Chief Minister for a record tenth time in November 2025.
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, an organisation of survivors of the atomic bombings, for its work towards a world free of nuclear weapons. Nihon Hidankyo belongs to which country?
aSouth Korea
bChina
cJapan
dUnited States
Answer: C
Nihon Hidankyo is a Japanese grassroots movement of hibakusha (survivors of Hiroshima and Nagasaki). It received the 2024 Nobel Peace Prize.
Under the Constitution of India, the power to constitute or abolish a Legislative Council in a State is exercised by
athe Governor of the State alone
bthe President by an ordinance
cParliament, on a resolution passed by the State Legislative Assembly
dthe Election Commission of India
Answer: C
Under Article 169, Parliament may by law create or abolish a State Legislative Council if the Legislative Assembly passes a resolution to that effect by a special majority.
Choose the word that is most nearly OPPOSITE in meaning to the word 'ACQUIT'.
aConvict
bAbsolve
cDischarge
dExonerate
Answer: A
To acquit means to free a person from a criminal charge; its antonym is 'convict', meaning to declare guilty. Discharge, absolve and exonerate are synonyms of acquit.
A sum of money becomes double in 8 years at a certain rate of simple interest. The number of years in which it will become four times the original sum at the same rate is
a24 years
b16 years
c32 years
d12 years
Answer: A
Doubling in 8 years means the interest equals the principal in 8 years. To become four times, the interest must equal three times the principal, requiring 3 x 8 = 24 years.
Under the Constitution of India, which language is specified as the official language of the Union?
aEnglish in the Devanagari script
bSanskrit in the Devanagari script
cHindi in the Devanagari script
dHindustani in the Persian script
Answer: C
Article 343(1) provides that the official language of the Union shall be Hindi in the Devanagari script, with the international form of Indian numerals.
Which one of the following rivers does NOT join the Ganga from the north (i.e., is not a left-bank Himalayan tributary in Bihar)?
aGandak
bKosi
cSon
dGhaghara
Answer: C
The Son joins the Ganga from the south (right bank), originating in the Maikal hills, whereas Gandak, Kosi and Ghaghara are northern Himalayan left-bank tributaries.
The Champaran Satyagraha of 1917, where Mahatma Gandhi first applied his method of Satyagraha in India, was directed against the oppressive system imposed on cultivators known as
athe Permanent Settlement
bthe Mahalwari system
cthe Ryotwari system
dthe Tinkathia system
Answer: D
In Champaran, indigo planters forced peasants to grow indigo on three-twentieths (tin-kathia) of their land; Gandhi's 1917 movement secured relief from this Tinkathia system.
Who was the first Chief Minister of Bihar, popularly known as 'Bihar Kesari'?
aSri Krishna Sinha
bAnugrah Narayan Sinha
cKrishna Ballabh Sahay
dBinodanand Jha
Answer: A
Sri Krishna Sinha, hailed as 'Bihar Kesari', served as the first Chief Minister of Bihar from 1946 to 1961 and is regarded as the architect of modern Bihar.
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, a grassroots organisation of atomic bomb survivors belonging to which country?
aSouth Korea
bJapan
cUnited States
dRussia
Answer: B
Nihon Hidankyo is a Japanese organisation of Hiroshima and Nagasaki atomic bomb survivors (hibakusha); it won the 2024 Nobel Peace Prize for its work towards a nuclear-weapon-free world.
India's Chandrayaan-3 mission achieved a soft landing near the lunar South Pole on 23 August 2023, making India the ____ country to soft-land on the Moon.
asecond
bthird
cfourth
dfifth
Answer: C
With the Vikram lander's touchdown, India became the fourth country, after the United States, the erstwhile Soviet Union and China, to achieve a soft landing on the Moon, and the first to land near the south polar region.
South Africa held the rotating Presidency of the G20 for the year 2025. The 18th G20 Leaders' Summit, held in 2023, was hosted by which country?
aIndonesia
bBrazil
cIndia
dItaly
Answer: C
India hosted the 18th G20 Leaders' Summit in New Delhi in September 2023 under the theme 'One Earth, One Family, One Future'; South Africa held the G20 Presidency in 2025.
Under the Constitution of India, the power to appoint the Chief Justice and other judges of a High Court is vested in the
aGovernor of the State
bChief Justice of India alone
cPresident of India
dState Legislative Assembly
Answer: C
Under Article 217, judges of a High Court are appointed by the President of India after consultation with the Chief Justice of India, the Governor of the State, and (for other judges) the Chief Justice of that High Court.
Under Section 140 of the Motor Vehicles Act, 1988, the fixed amount of compensation payable on the principle of 'no fault liability' in case of death resulting from a motor accident was
aRs. 25,000
bRs. 50,000
cRs. 75,000
dRs. 1,00,000
Answer: B
Section 140 of the Motor Vehicles Act, 1988 fixed no-fault liability compensation at Rs. 50,000 for death and Rs. 25,000 for permanent disablement, payable without proof of fault.
Which of the following is NOT one of the essential ingredients required to attract the rule in Rylands v. Fletcher?
aThe defendant must be shown to have acted negligently
bThere must be a non-natural use of the land
cThe thing must escape from the land
dThe defendant must bring onto his land something likely to do mischief
Answer: A
The rule in Rylands v. Fletcher imposes liability without proof of negligence; the essentials are a dangerous thing, its accumulation through non-natural use, and its escape causing damage.
The maxim 'ubi jus ibi remedium', which means that where there is a right there is a remedy, is most directly reflected in the principle established in
aAshby v. White
bMogul Steamship Co. v. McGregor
cGloucester Grammar School case
dBradford Corporation v. Pickles
Answer: A
In Ashby v. White, Holt C.J. observed that if a man has a right he must have a means to vindicate it, applying ubi jus ibi remedium where a legal right was violated though no actual loss occurred.
Which one of the following is recognised as a valid exception to the rule of strict liability in Rylands v. Fletcher?
aCarrying on of a hazardous activity
bAct of God (vis major)
cEscape of a dangerous thing brought on the land
dNon-natural use of land by the defendant
Answer: B
Act of God, act of a stranger, plaintiff's own default, consent of the plaintiff, and statutory authority are recognised exceptions to the rule in Rylands v. Fletcher.
In an action for the tort of negligence, which of the following must the plaintiff establish?
aOnly that the defendant intended to cause harm to the plaintiff
bA legal duty of care owed by the defendant, its breach, and consequential damage
cOnly that the plaintiff suffered some loss, regardless of any duty
dThat the defendant and plaintiff were parties to a contract
Answer: B
Negligence requires the plaintiff to prove a duty of care owed by the defendant, breach of that duty, and damage caused as a proximate result of the breach, as settled in Donoghue v. Stevenson.
The distinguishing feature of the principle of absolute liability laid down in M.C. Mehta v. Union of India, as compared with the rule in Rylands v. Fletcher, is that
aIt applies only to escape of water
bIt admits of no exceptions whatsoever
cIt requires proof of negligence
dIt applies only where there is a contract between the parties
Answer: B
Absolute liability, unlike strict liability under Rylands v. Fletcher, is not subject to any exceptions such as act of God, act of stranger or statutory authority, and need not involve escape outside the premises.
The defence of 'volenti non fit injuria' was successfully pleaded where a spectator at a motor car race, voluntarily present, was injured when a car flew into the audience. This was held in
aHaynes v. Harwood
bBird v. Jones
cSmith v. Baker
dHall v. Brooklands Auto Racing Club
Answer: D
In Hall v. Brooklands Auto Racing Club, the spectator was held to have consented to the risks inherent in attending a motor race, so the defence of volenti non fit injuria succeeded.
An 'inevitable accident' as a general defence in the law of torts means
aAn accident which the defendant intended but could not avoid
bAny accident caused by the negligence of a third party
cAn accident which could not have been avoided by the exercise of ordinary care, caution and skill
dAn accident occurring only by reason of an act of God
Answer: C
Inevitable accident is one which could not possibly have been prevented by the exercise of ordinary care, caution and skill; it is distinct from act of God, which arises from natural forces.
The mere chance of an heir-apparent succeeding to an estate (spes successionis) is dealt with under which clause of Section 6 of the Transfer of Property Act, 1882, and is
aclause (a) and is transferable
bclause (e) and cannot be transferred
cclause (a) and cannot be transferred
dclause (dd) and is transferable
Answer: C
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate, being a mere spes successionis, cannot be transferred.
The rule against perpetuity contained in Section 14 of the Transfer of Property Act, 1882, permits the vesting of an interest to be postponed up to the lifetime of one or more living persons plus
aa period of eighteen years in every case
bthe minority of a person in existence at the expiration of that period
ca period of twenty-one years after the death of the last life
da period of twelve years
Answer: B
Section 14 allows postponement up to the lives in being plus the minority of a person who is in existence at the expiration of that period, to whom the interest is to belong on attaining majority.
Under Section 13 of the Transfer of Property Act, 1882, an interest created for the benefit of an unborn person is valid only if
athe interest is for life only
bthe interest extends to the whole of the remaining interest of the transferor in the property
cthe unborn person is born within twelve years
da prior interest is not created in favour of any living person
Answer: B
Section 13 requires that the interest created for an unborn person must extend to the whole of the remaining interest of the transferor; a limited or life interest in favour of an unborn person is void.
According to Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by
adelivery of possession
ba registered instrument
ceither a registered instrument or delivery of possession
dan oral agreement followed by mutation
Answer: B
Section 54 provides that for tangible immovable property of the value of one hundred rupees and upwards, a sale can be made only by a registered instrument.
Which of the following kinds of mortgage under Section 58 of the Transfer of Property Act, 1882, does not, by itself, require registration?
aSimple mortgage
bEnglish mortgage
cMortgage by deposit of title-deeds
dUsufructuary mortgage
Answer: C
A mortgage by deposit of title-deeds (equitable mortgage) under Section 58(f) is created by mere delivery of documents of title and does not require a registered instrument.
Where a mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, the mortgage is a
ausufructuary mortgage
bmortgage by conditional sale
csimple mortgage
dEnglish mortgage
Answer: A
Section 58(d) defines a usufructuary mortgage as one where the mortgagee is put in possession and retains the rents and profits in lieu of interest or towards the mortgage-money.
The doctrine of lis pendens is embodied in which section of the Transfer of Property Act, 1882?
aSection 52
bSection 43
cSection 41
dSection 53A
Answer: A
Section 52 embodies the doctrine of lis pendens, under which property cannot be transferred during the pendency of a suit so as to affect the rights of any party except under the authority of the court.
The doctrine of part performance under the Transfer of Property Act, 1882, is contained in
aSection 53A
bSection 52
cSection 53
dSection 51
Answer: A
Section 53A enacts the doctrine of part performance, protecting a transferee in possession under a written contract who has performed or is willing to perform his part.
Section 43 of the Transfer of Property Act, 1882, which deals with transfer by an unauthorised person who subsequently acquires interest in the property transferred, embodies the doctrine of
asubrogation
blis pendens
cmarshalling
dfeeding the grant by estoppel
Answer: D
Section 43 incorporates the doctrine of feeding the grant by estoppel, allowing the transferee, at his option, to claim the interest the transferor later acquires while the contract subsists.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes under Section 106 of the Transfer of Property Act, 1882, is deemed to be
aa lease from month to month, terminable by fifteen days' notice
ba lease from year to year, terminable by six months' notice
ca lease for a fixed term of one year
da lease in perpetuity
Answer: B
Section 106 deems a lease for agricultural or manufacturing purposes to be a lease from year to year, terminable by six months' notice, while a lease for any other purpose is month to month, terminable by fifteen days' notice.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property must be effected by
aan unregistered instrument signed by the donor
ban oral declaration followed by mutation
cdelivery of possession only
da registered instrument signed by the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Under the Transfer of Property Act, 1882, a mere chance of an heir-apparent succeeding to an estate (spes successionis) is
atransferable like any other actionable claim
bnot capable of being transferred
ctransferable only with the consent of the propositus
dtransferable after registration of the instrument
Answer: B
Section 6(a) of the T.P. Act expressly bars the transfer of spes successionis, that is, the mere chance of an heir-apparent succeeding to an estate, as it is a bare expectancy and not property.
The doctrine that where a person erroneously represents that he is authorised to transfer certain immovable property and subsequently acquires an interest in it, the transferee may compel him to make good the transfer, is embodied in
aSection 43 of the Transfer of Property Act
bSection 41 of the Transfer of Property Act
cSection 53 of the Transfer of Property Act
dSection 53A of the Transfer of Property Act
Answer: A
Section 43 contains the doctrine of feeding the grant by estoppel, founded on the maxim nemo dat quod non habet, allowing the transferee to claim the after-acquired interest of the transferor.
Where an ostensible owner of immovable property, with the consent of the persons interested, transfers it for consideration to a transferee who has acted in good faith after taking reasonable care, the transfer
ais void against the real owner
bis voidable at the option of the real owner
cshall not be voidable on the ground that the transferor was not authorised to make it
dis valid only if the real owner ratifies it later
Answer: C
Section 41 protects a bona fide transferee for value from an ostensible owner who transfers with the consent of interested persons; the transfer is not voidable merely for want of authority, provided the transferee took reasonable care.
The doctrine of lis pendens, providing that property in dispute cannot be transferred so as to affect the rights of any party to the suit, is enacted in
aSection 48 of the T.P. Act
bSection 52 of the T.P. Act
cSection 54 of the T.P. Act
dSection 55 of the T.P. Act
Answer: B
Section 52 enacts the doctrine of lis pendens; a transfer during the pendency of a suit in which a right to immovable property is directly and specifically in question is not void but remains subject to the result of the suit.
Under the Transfer of Property Act, an interest created on a transfer and dependent upon a condition fails if the condition is impossible of fulfilment. This rule is contained in
aSection 23
bSection 24
cSection 26
dSection 25
Answer: D
Section 25 provides that a conditional transfer fails where the condition is impossible, forbidden by law, fraudulent, immoral, opposed to public policy, or such that it would defeat the provisions of any law.
Under the Transfer of Property Act, 1882, an interest is said to be vested when it is created in favour of a person
awithout specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith
bonly on the happening of a specified uncertain event
conly after he attains the age of twenty-one years
dsubject to the discretion of the transferor
Answer: A
Section 19 defines a vested interest as one created without specifying a time, or to take effect forthwith, or on an event certain to happen; it is not defeated by the death of the transferee before vesting in possession.
A transfer of property creating an interest dependent upon the happening of a specified uncertain event creates
aa vested interest under Section 19
ba conditional limitation under Section 28
can absolute interest under Section 8
da contingent interest under Section 21
Answer: D
Section 21 provides that where an interest is created in favour of a person to take effect only on the happening of a specified uncertain event, the interest is contingent until the event happens or becomes impossible.
Under the rule against perpetuity in Section 14 of the Transfer of Property Act, the vesting of an interest may not be postponed beyond the life or lives of persons living at the date of the transfer and
aa further period of eighteen years
bthe minority of the person who is to take the interest
ca further period of twenty-one years in all cases
da perpetual period as agreed by the parties
Answer: B
Section 14 permits postponement of vesting only up to the lifetime of one or more living persons plus the minority of the ultimate beneficiary, who must be in existence at the expiration of the prior interest.
The expression 'lease of immovable property' is defined in the Transfer of Property Act, 1882 under
aSection 108
bSection 106
cSection 107
dSection 105
Answer: D
Section 105 defines a lease as a transfer of a right to enjoy immovable property for a certain time or in perpetuity in consideration of a price (premium) or rent. Section 108 deals with rights and liabilities of the parties.
A mortgage in which the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee subject to a proviso for re-transfer on payment is
aa simple mortgage
ba usufructuary mortgage
ca mortgage by deposit of title-deeds
dan English mortgage
Answer: D
Section 58(e) defines an English mortgage, marked by an absolute transfer of the property with a covenant for re-transfer upon repayment on the stipulated date, distinguishing it from simple and usufructuary mortgages.
In which of the following mortgages does the mortgagor deliver possession of the mortgaged property and authorise the mortgagee to retain it and receive the rents and profits until payment of the mortgage-money?
aSimple mortgage
bEnglish mortgage
cMortgage by conditional sale
dUsufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage, where the mortgagee is put in possession and retains the rents and profits in lieu of interest, or in payment of the mortgage-money, or both.
Under Section 122 of the Transfer of Property Act, 'gift' is the transfer of certain existing movable or immovable property made
afor valuable consideration and accepted by the donee
bvoluntarily and without consideration, and accepted by or on behalf of the donee
cvoluntarily, the acceptance of the donee being immaterial
donly of immovable property by a registered instrument
Answer: B
Section 122 requires a gift to be voluntary, without consideration, of existing property, and accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving.
Under Section 123 of the Transfer of Property Act, a gift of immovable property must be effected by
aa registered instrument signed by the donor and attested by at least two witnesses
ban unregistered written instrument attested by one witness
cdelivery of possession alone
dan oral declaration before two witnesses
Answer: A
Section 123 mandates that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; an unregistered gift deed passes no title.
Under Section 8 of the Transfer of Property Act, where property is transferred without an expression of contrary intention, the transfer passes to the transferee
aonly the bare legal title, the beneficial interest being retained
ba contingent interest that vests on registration
conly such interest as the transferor expressly enumerates
dthe property and all the interest which the transferor is then capable of passing in it
Answer: D
Section 8 provides that, unless a different intention is expressed or implied, a transfer of property passes forthwith to the transferee all the interest the transferor is then capable of passing in the property and its legal incidents.
Under the Transfer of Property Act, 1882, the mere chance of an heir-apparent succeeding to an estate (spes successionis) is
atransferable like any other contingent interest
btransferable only with the consent of the propositus
cnot transferable, being expressly excluded by Section 6(a)
dtransferable only after registration
Answer: C
Section 6(a) of the TPA expressly declares that the chance of an heir-apparent succeeding to an estate, or the chance of a relation obtaining a legacy, cannot be transferred. Such a mere expectancy is not 'property'.
The doctrine of part performance, which protects a transferee who has taken possession under an unregistered contract, is contained in which Section of the Transfer of Property Act, 1882?
aSection 53A
bSection 48
cSection 41
dSection 55
Answer: A
Section 53A, inserted by the Transfer of Property (Amendment) Act, 1929, codifies the equitable English doctrine of part performance and bars the transferor from enforcing rights against a transferee in possession.
Under Section 14 of the Transfer of Property Act, the rule against perpetuity allows vesting of an interest to be postponed at the maximum up to
athe life or lives of persons living plus 21 years irrespective of minority
ba fixed period of 18 years only
cthe life or lives of persons living at the date of transfer plus the minority of the ultimate beneficiary
dthe life of the transferor alone
Answer: C
Section 14 fixes the maximum permissible remoteness of vesting as the lifetime of one or more persons living at the date of the transfer plus the period of minority of the ultimate beneficiary; unlike English law, India counts only the minority period, not a flat 21 years.
Which one of the following mortgages under Section 58 of the Transfer of Property Act does NOT require a written and registered instrument?
aSimple mortgage
bMortgage by deposit of title-deeds
cMortgage by conditional sale
dEnglish mortgage
Answer: B
A mortgage by deposit of title-deeds (equitable mortgage) under Section 58(f) is created by mere delivery of title documents and needs no registered deed, whereas simple, conditional-sale and English mortgages require a registered instrument.
In which kind of mortgage under Section 58 does the mortgagor deliver possession of the property to the mortgagee and authorise him to retain it and to receive the rents and profits in lieu of interest?
aSimple mortgage
bUsufructuary mortgage
cEnglish mortgage
dAnomalous mortgage
Answer: B
In a usufructuary mortgage [Section 58(d)], possession is delivered to the mortgagee, who retains it and appropriates rents and profits towards interest or principal; there is no personal covenant to repay.
The doctrine of lis pendens, which provides that property in dispute cannot be transferred during the pendency of a suit so as to affect the rights of any other party, is embodied in
aSection 41 of the Transfer of Property Act
bSection 54 of the Transfer of Property Act
cSection 53 of the Transfer of Property Act
dSection 52 of the Transfer of Property Act
Answer: D
Section 52 codifies the doctrine of lis pendens: during the pendency of a suit in which a right to immovable property is directly and specifically in question, the property cannot be dealt with by a party so as to affect the rights of any other party under the eventual decree.
Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by
aa registered instrument
bdelivery of the property
ceither a registered instrument or delivery of property
dan oral agreement followed by possession
Answer: A
Section 54 requires that a sale of tangible immovable property of value Rs.100 and upwards (or of a reversion or intangible thing) be effected only by a registered instrument; only where the value is below Rs.100 may it be made by registered instrument or by delivery.
Under Section 122 of the Transfer of Property Act, where the donee dies before signifying acceptance of the gift, the gift is
avalid and passes to the donee's heirs
bvoidable at the option of the donor
cvoid
dmerely irregular
Answer: C
Section 122 requires acceptance to be made during the lifetime of the donor and while he is still capable of giving; if the donee dies before such acceptance, the gift is void.
The doctrine of 'feeding the grant by estoppel', under which a transferor who erroneously represents that he is authorised to transfer property and later acquires an interest in it is compelled to pass that interest to the transferee, is contained in
aSection 35
bSection 41
cSection 51
dSection 43
Answer: D
Section 43 embodies the rule of feeding the grant by estoppel: where a person fraudulently or erroneously represents authority to transfer property for consideration and later acquires an interest, the transfer operates, at the transferee's option, on that subsequently acquired interest.
Under Section 41 of the Transfer of Property Act, where an ostensible owner transfers immovable property for consideration with the consent of the real owner, the transfer to a bona fide transferee who acted in good faith after reasonable care
ais void against the real owner
bis not voidable merely on the ground that the transferor was not the real owner
cis voidable at the instance of the real owner in every case
drequires ratification by the real owner to be valid
Answer: B
Section 41 protects a transferee for consideration from an ostensible owner who took reasonable care to ascertain the transferor's power; such a transfer is not voidable merely because the transferor was not the real owner.
The doctrine of election, under which a person who takes a benefit under an instrument must also bear the burden imposed by it, is codified in the Transfer of Property Act in
aSection 25
bSection 31
cSection 35
dSection 38
Answer: C
Section 35 codifies the doctrine of election: where a transferor purports to transfer property he has no right to transfer and by the same transaction confers a benefit on the owner, that owner must elect either to confirm the transfer or to dissent and relinquish the benefit.
A gift of future property under the Transfer of Property Act is
avalid
bvoidable
cvoid
dvalid only if made by a registered deed
Answer: C
A gift is the transfer of certain existing property; under the scheme of Sections 122 and 124, a purported gift of future (non-existent) property is void.
Section 53A of the Transfer of Property Act, embodying the doctrine of part performance, was inserted into the Act by
athe Transfer of Property (Amendment) Act, 1929
bthe original Act of 1882
cthe Indian Registration Act, 1908
dthe Transfer of Property (Amendment) Act, 1885
Answer: A
Section 53A was added by the Transfer of Property (Amendment) Act, 1929, to adopt the English equitable doctrine of part performance derived from cases such as Maddison v. Alderson and to remove the prior inconsistency in Indian courts.
In which kind of mortgage under Section 58 does the mortgagor bind himself to repay the mortgage-money on a certain date and transfer the property absolutely to the mortgagee, subject to a proviso for re-transfer on repayment?
aEnglish mortgage
bUsufructuary mortgage
cSimple mortgage
dMortgage by deposit of title-deeds
Answer: A
In an English mortgage [Section 58(e)] the mortgagor binds himself to repay on a fixed date and transfers the property absolutely to the mortgagee, with a proviso that the mortgagee will re-transfer it on payment of the mortgage-money.
Under Section 6 of the Transfer of Property Act, which one of the following is NOT validly transferable?
aA house owned absolutely by the transferor
bA mere right to sue
cAn actionable claim
dThe equity of redemption of a mortgagor
Answer: B
Section 6(e) expressly provides that a mere right to sue cannot be transferred; by contrast, ownership of a house, an actionable claim and the equity of redemption are all transferable.
Where property is created for the benefit of an unborn person, Section 13 requires that the interest given to such unborn person must be
aa contingent interest determinable on marriage
ba life interest only
climited to one-half of the transferor's interest
dthe whole of the remaining interest of the transferor
Answer: D
Section 13 mandates that the interest created in favour of the unborn person must extend to the whole of the remaining interest of the transferor; a limited or life interest cannot be conferred on him.
The doctrine of election, under which a person taking a benefit under an instrument must also bear the burden attached to it, is contained in
aSection 35
bSection 41
cSection 43
dSection 51
Answer: A
Section 35 enacts the doctrine of election - one who takes a benefit under a transaction must adopt the whole of it and cannot accept the benefit while rejecting the burden.
Section 41 of the Transfer of Property Act protects a transferee for consideration who takes a transfer from
aa minor who has misrepresented his age
ban ostensible owner, where the transferee has acted in good faith after taking reasonable care
ca person holding only a spes successionis
da trustee acting in breach of trust
Answer: B
Section 41 protects a transferee for value from an ostensible owner, provided the real owner consented to the ostensible ownership and the transferee acted in good faith after taking reasonable care.
The leading decision Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847) is an authority on the rule of
afraudulent transfer under Section 53
blis pendens under Section 52
cpart performance under Section 53A
dfeeding the grant by estoppel under Section 43
Answer: D
In Jumma Masjid v. Kodimaniandra Deviah the Supreme Court held that Section 43 (feeding the grant by estoppel) operates in a distinct sphere from Section 6(a), and a bona fide transferee for value may take the benefit of the after-acquired interest.
The doctrine of lis pendens, which restrains a party to a pending suit from transferring the suit property to the prejudice of the other party, is contained in
aSection 53A
bSection 53
cSection 52
dSection 48
Answer: C
Section 52 embodies the doctrine of lis pendens, founded on public policy and the necessity of preventing parties from defeating litigation by transferring the property in dispute.
The doctrine of part performance, enabling a transferee in possession to defend his possession even where the contract is not registered, is provided in
aSection 55
bSection 53
cSection 51
dSection 53A
Answer: D
Section 53A enacts the equitable doctrine of part performance, allowing a transferee who has taken possession in part performance of a written contract to protect that possession against the transferor.
'Sale' of immovable property is defined under which section of the Transfer of Property Act?
aSection 55
bSection 53
cSection 54
dSection 58
Answer: C
Section 54 defines sale as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised, and prescribes its mode of effecting.
Under Section 54, a sale of tangible immovable property of a value less than one hundred rupees may be made
aeither by a registered instrument or by delivery of the property
bonly by a registered instrument
conly by delivery of possession
donly by an oral agreement attested by two witnesses
Answer: A
Section 54 allows tangible immovable property worth less than Rs. 100 to be sold either by a registered instrument or by delivery of the property; property of Rs. 100 and upwards requires a registered instrument.
Which of the following mortgages does NOT, by itself, require the mortgage deed to be registered?
aSimple mortgage
bMortgage by deposit of title-deeds
cEnglish mortgage
dUsufructuary mortgage
Answer: B
A mortgage by deposit of title-deeds (equitable mortgage) under Section 58(f) is created merely by delivery of documents of title and does not require a registered instrument.
Where, in a mortgage, the mortgagor delivers possession of the property to the mortgagee and authorises him to retain such possession and to receive the rents and profits in lieu of interest, the mortgage is a
asimple mortgage
busufructuary mortgage
cmortgage by conditional sale
dEnglish mortgage
Answer: B
Section 58(d) defines a usufructuary mortgage as one where the mortgagor delivers possession and the mortgagee retains it, appropriating the rents and profits towards interest or principal.
Under Section 123 of the Transfer of Property Act, a gift of immovable property can be made only by
aan unregistered writing signed by the donor
bdelivery of possession alone
can oral declaration before two witnesses
da registered instrument signed by the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Under the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) is
atransferable like a contingent interest
btransferable after the death of the propositus
ctransferable only with the consent of the propositus
dnot transferable, being a mere possibility
Answer: D
Section 6(a) expressly bars transfer of the chance of an heir-apparent succeeding to an estate or any other mere possibility of a like nature. Unlike a contingent interest, spes successionis is not transferable.
Where a person is the ostensible owner of immovable property with the consent of the real owner and transfers it for consideration, the transfer is not voidable by the real owner if the transferee acted in good faith. This rule is embodied in
aSection 43 of the Transfer of Property Act, 1882
bSection 41 of the Transfer of Property Act, 1882
cSection 52 of the Transfer of Property Act, 1882
dSection 53A of the Transfer of Property Act, 1882
Answer: B
Section 41 protects a bona fide transferee for value from an ostensible owner who held the property with the real owner's consent, provided the transferee took reasonable care. The principle traces to Ramcoomar Koondoo v. John and Maria McQueen.
The rule against perpetuity under Section 14 of the Transfer of Property Act, 1882 permits vesting of an interest to be postponed up to the lifetime of one or more living persons plus
aa fixed period of 21 years thereafter
bthe lifetime of the ultimate beneficiary
ca fixed period of 18 years in all cases
dthe minority of the ultimate beneficiary
Answer: D
Section 14 caps the postponement of vesting at the lives of persons living at the date of transfer plus the minority of a person who is to take the interest. Indian law uses the minority period, not the fixed 21 years of English law.
The doctrine of lis pendens, which prohibits transfer of immovable property during the pendency of a suit so as to affect the rights of any party under the decree, is contained in
aSection 48 of the Transfer of Property Act, 1882
bSection 51 of the Transfer of Property Act, 1882
cSection 53 of the Transfer of Property Act, 1882
dSection 52 of the Transfer of Property Act, 1882
Answer: D
Section 52 codifies the doctrine of lis pendens, under which any transfer of the suit property during pendency of litigation does not affect the rights of the parties as finally determined by the court.
A sale of tangible immovable property of the value of one hundred rupees and upwards under Section 54 of the Transfer of Property Act, 1882 can be made
aonly by a registered instrument
beither by a registered instrument or by delivery of property
conly by delivery of possession
dby an oral agreement followed by payment
Answer: A
Section 54 requires that the sale of tangible immovable property worth Rs. 100 or more, or of any reversion or intangible thing, be made only by a registered instrument. Delivery is an alternative only for tangible property worth less than Rs. 100.
Under Section 53A of the Transfer of Property Act, 1882, the doctrine of part performance operates as
aa shield to protect the transferee's possession against the transferor
ba means to obtain a decree of specific performance
ca sword to recover possession from the transferor
da ground to claim ownership of the property
Answer: A
Section 53A is a defensive provision; it shields a transferee in possession under a written contract (who has performed or is willing to perform his part) from being dispossessed by the transferor, but does not confer title.
Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and later acquires an interest in it, the transferee may compel him to make good the transfer. This 'feeding the grant by estoppel' is provided in
aSection 41 of the Transfer of Property Act, 1882
bSection 43 of the Transfer of Property Act, 1882
cSection 6(a) of the Transfer of Property Act, 1882
dSection 25 of the Transfer of Property Act, 1882
Answer: B
Section 43 embodies the rule of feeding the grant by estoppel: if the transferor later acquires the interest he falsely professed to transfer, the earlier transfer fastens on that interest at the option of the transferee.
Which one of the following mortgages under Section 58 of the Transfer of Property Act, 1882 does NOT require a registered instrument?
aSimple mortgage
bEnglish mortgage
cMortgage by deposit of title-deeds
dUsufructuary mortgage securing Rs. 200
Answer: C
A mortgage by deposit of title-deeds (equitable mortgage) under Section 58(f) is created by mere deposit of documents of title with intent to create security in a notified town, and does not require a registered instrument.
Under Section 122 of the Transfer of Property Act, 1882, if the donee dies before accepting the gift, the gift is
avalid
bvoidable at the option of the donor's heirs
cvoid
dvalid only if the subject is movable property
Answer: C
Section 122 requires acceptance during the lifetime of the donor and while he is capable of giving. If the donee dies before acceptance, the gift is void.
A gift of immovable property under Section 123 of the Transfer of Property Act, 1882 must be effected by a registered instrument signed by or on behalf of the donor and attested by
aat least two witnesses
bat least one witness
cat least three witnesses
dno witness, registration being sufficient
Answer: A
Section 123 requires a gift of immovable property to be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; an oral gift of immovable property is invalid.
Under Section 25 of the Transfer of Property Act, 1882, an interest created on a transfer dependent upon a condition that is impossible to fulfil is
avoid
bvoidable at the option of the transferee
cvalid, the condition being ignored
dvalid if the transferor waives the condition
Answer: A
Section 25 provides that an interest dependent on a condition fails (is void) if the fulfilment of the condition is impossible, forbidden by law, fraudulent, immoral, or opposed to public policy.
A condition absolutely restraining the transferee from parting with or disposing of his interest in the property is, under Section 10 of the Transfer of Property Act, 1882,
avalid only in the case of a lease
bvoid, and the transfer also fails
cvalid and binding on the transferee
dvoid, but the transfer itself remains valid
Answer: D
Section 10 renders an absolute restraint on alienation void while keeping the transfer itself effective. Exceptions exist for leases and conditions for the benefit of a married woman who is not a Hindu, Muhammadan or Buddhist.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for agricultural purposes under Section 106 of the Transfer of Property Act, 1882 is deemed to be a lease
afrom month to month, terminable by fifteen days' notice
bfor a fixed term of one year, not terminable by notice
cfrom year to year, terminable by six months' notice
dfrom month to month, terminable by thirty days' notice
Answer: C
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by six months' notice, while a lease for any other purpose is from month to month, terminable by fifteen days' notice.
Under the definition clause in Section 3 of the Transfer of Property Act, 1882, which of the following is NOT included in the expression 'attached to the earth'?
aThings rooted in the earth, such as trees and shrubs
bThings embedded in the earth, such as walls and buildings
cThings attached to what is embedded for permanent enjoyment
dStanding timber, growing crops and grass
Answer: D
Section 3 defines 'attached to the earth' as things rooted in, embedded in, or attached to what is embedded in the earth. Standing timber, growing crops and grass are expressly excluded and treated as movable property.
Under Section 8 of the Transfer of Property Act, 1882, unless a different intention is expressed or necessarily implied, a transfer of property passes to the transferee
aonly the bare title without any legal incidents
bonly such interest as is specifically described in the deed
call the interest which the transferor is then capable of passing, together with the legal incidents
dthe interest free from all easements annexed to the land
Answer: C
Section 8 provides that a transfer passes forthwith all the interest the transferor is then capable of passing and the legal incidents thereof, including, in the case of land, the easements annexed and the rents and profits accruing after the transfer.
Under Section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) is
atransferable only with the consent of the present owner
bnot transferable, and a transfer of such a chance is a nullity
ctransferable for consideration but not by way of gift
dtransferable only after the death of the present owner
Answer: B
Section 6(a) expressly excludes the mere chance of an heir-apparent succeeding to an estate from transferability; such a transfer is void ab initio and conveys nothing.
Where, with the consent of the persons interested, a person is the ostensible owner of immovable property and transfers it for consideration, the transfer shall not be voidable on the ground of want of authority, provided the transferee acted in good faith after reasonable care. This rule is contained in
aSection 43 of the Transfer of Property Act, 1882
bSection 41 of the Transfer of Property Act, 1882
cSection 51 of the Transfer of Property Act, 1882
dSection 53 of the Transfer of Property Act, 1882
Answer: B
Section 41 embodies the doctrine of transfer by an ostensible owner, protecting a bona fide transferee for consideration who took reasonable care to ascertain the transferor's power to transfer.
The doctrine of 'feeding the grant by estoppel', under which a transfer by a person who later acquires an interest in the property may, at the option of the transferee, operate on that subsequently acquired interest, is contained in
aSection 41
bSection 48
cSection 43
dSection 53A
Answer: C
Section 43 provides that where a person fraudulently or erroneously represents authority to transfer and later acquires an interest in that property, the transferee may, at his option, have the transfer operate on the after-acquired interest.
The doctrine of lis pendens, providing that property which is the subject-matter of a pending suit cannot be transferred so as to affect the rights of any party under the decree, is embodied in
aSection 48
bSection 52
cSection 53
dSection 54
Answer: B
Section 52 enacts the rule of lis pendens, based on the maxim 'pendente lite nihil innovetur', requiring that during the pendency of a non-collusive suit in which a right to immovable property is directly in question, no party may transfer the property so as to prejudice another party's rights under the decree.
Sale of tangible immovable property of the value of one hundred rupees or upwards can, under the Transfer of Property Act, be made only by
aa registered instrument
ban oral agreement accompanied by delivery of possession
ca written but unregistered instrument
deither a registered instrument or delivery of possession at the option of the seller
Answer: A
Under Section 54, in the case of tangible immovable property of value of one hundred rupees and upwards, transfer by sale can be made only by a registered instrument; below that value it may be made either by a registered instrument or by delivery of property.
A contract for the sale of immovable property, under Section 54 of the Transfer of Property Act, 1882,
acreates an interest in or charge on the property
bof itself creates no interest in or charge on such property
ctransfers ownership immediately on execution
damounts to a sale if accompanied by part payment of price
Answer: B
Section 54 expressly declares that a contract for sale of immovable property does not, of itself, create any interest in or charge on such property; it only creates an obligation to convey.
Where a mortgagor ostensibly sells the property on condition that on default of payment by a certain date the sale shall become absolute, but on payment the sale shall become void, the transaction is
aa mortgage by conditional sale
ba simple mortgage
can English mortgage
da usufructuary mortgage
Answer: A
Section 58(c) defines a mortgage by conditional sale, where the mortgagor ostensibly sells the property subject to the condition that on default the sale becomes absolute, or on payment it becomes void or the buyer reconveys.
In which of the following mortgages does the mortgagor bind himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer on payment?
aEnglish mortgage
bMortgage by conditional sale
cUsufructuary mortgage
dMortgage by deposit of title deeds
Answer: A
Section 58(e) defines an English mortgage, in which the mortgagor binds himself to repay on a fixed date and transfers the property absolutely, subject to a proviso that it shall be re-transferred on payment.
A mortgage by deposit of title deeds (equitable mortgage) under Section 58(f) of the Transfer of Property Act can be created in
aevery town and village in India
bthe towns of Calcutta, Madras, Bombay and any other town notified by the State Government
conly the four metropolitan cities
dany place where the property is situated
Answer: B
Section 58(f) permits a mortgage by deposit of title deeds only in the towns of Calcutta, Madras and Bombay, and in any other town which the State Government may, by notification in the Official Gazette, specify.
The right of the mortgagor to redeem the mortgaged property on payment of the mortgage-money is recognised under the Transfer of Property Act in
aSection 58
bSection 67
cSection 60
dSection 91
Answer: C
Section 60 confers on the mortgagor the right of redemption, entitling him on payment of the mortgage-money to have the mortgage deed re-delivered and possession restored; this is the equity of redemption.
A lease of immovable property is defined as a transfer of a right to enjoy such property made for a certain time or in perpetuity, in consideration of a price or rent. This definition is contained in
aSection 108
bSection 106
cSection 107
dSection 105
Answer: D
Section 105 defines a lease, the parties being the lessor and lessee, the consideration the premium and the rent.
Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for a term exceeding one year, or reserving a yearly rent, can be made only by
aan oral agreement accompanied by delivery of possession
bany of the above modes at the option of the parties
ca written instrument, whether registered or not
da registered instrument
Answer: D
Section 107 requires a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, to be made by a registered instrument; all other leases may be made by registered instrument or by oral agreement with delivery of possession.
For the purposes of the doctrine of part performance under Section 53A of the Transfer of Property Act, the right of the transferee in possession is
aa complete title in the property transferred
bavailable both to enforce a claim and as a defence
cavailable only as a defence (a shield) and confers no active title
davailable only against subsequent transferees for value
Answer: C
Section 53A creates only a passive equity available as a shield to protect the transferee's possession against the transferor; it confers no active title and cannot be used to found a claim.
A gift of immovable property, under Section 123 of the Transfer of Property Act, 1882, must be effected by
aa registered instrument signed by the donor and attested by at least two witnesses
bdelivery of possession alone
can unregistered writing signed by the donor
da registered instrument, attestation being optional
Answer: A
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Under Section 126 of the Transfer of Property Act, a gift which the parties agree shall be revocable wholly or in part at the mere will of the donor is
avalid and binding
bvoidable at the option of the donee
cvoid wholly or in part, as the case may be
dvalid only if attested by two witnesses
Answer: C
Section 126 permits suspension or revocation of a gift only on the happening of a specified event not depending on the donor's will; a gift made revocable at the mere will of the donor is void wholly or in part.
Under the Indian Trusts Act, 1882, the person who reposes or declares the confidence on which a trust is founded is called the
atrustee
bcestui que trust
cbeneficiary
dauthor of the trust
Answer: D
Section 3 of the Indian Trusts Act, 1882 defines the person who reposes or declares the confidence as the 'author of the trust'; the one who accepts it is the trustee and the one for whose benefit it is accepted is the beneficiary.
No trust in relation to immovable property is valid under the Indian Trusts Act, 1882 unless it is declared by
aa registered non-testamentary instrument in writing signed by the author or the trustee, or by a will
ban oral declaration before two witnesses
ca mere transfer of possession of the property to the trustee
dan unregistered written instrument signed by the beneficiary
Answer: A
Section 5 requires that a trust of immovable property be declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or by the will of the author or trustee.
A valid trust of movable property under Section 5 of the Indian Trusts Act, 1882 may be created either by a written instrument as in the case of immovable property, OR by
amere oral promise without any transfer
bregistration of the trustee's name in a public register only
ctransfer of the ownership of the property to the trustee
da will that has not been probated
Answer: C
Section 5 provides that a trust of movable property is valid if declared as in the case of immovable property, or if the ownership of the property is transferred to the trustee; registration is not mandatory for movables.
Under Section 6 of the Indian Trusts Act, 1882, a trust is created only when the author indicates with reasonable certainty, by words or acts, an intention to create a trust, the purpose, the beneficiary AND
athe period of duration of the trust
bthe trust property
cthe remuneration of the trustee
dthe mode of investment of trust money
Answer: B
Section 6 requires reasonable certainty as to (a) intention, (b) purpose, (c) beneficiary and (d) trust-property, and (unless declared by will or the author is himself the trustee) transfer of the property to the trustee.
Under Section 7 of the Indian Trusts Act, 1882, a trust may be created on behalf of a minor only
awith the permission of a principal Civil Court of original jurisdiction
bwith the consent of the minor's mother
cafter the minor attains the age of sixteen years
dby the District Collector of the area
Answer: A
Section 7 provides that a trust may be created by every person competent to contract, and, with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor.
According to Section 8 of the Indian Trusts Act, 1882, the subject-matter of a trust must be property transferable to the beneficiary, and it must NOT be
amovable property of any kind
bimmovable property situated outside India
ca merely beneficial interest under a subsisting trust
dproperty acquired by inheritance
Answer: C
Section 8 states that the subject-matter of a trust must be property transferable to the beneficiary and must not be a merely beneficial interest under a subsisting trust.
Under Section 10 of the Indian Trusts Act, 1882, where the trust involves the exercise of discretion, the person to be appointed as trustee must be
amerely capable of holding property
ba male of full age
ca registered legal practitioner
dcompetent to contract
Answer: D
Section 10 provides that every person capable of holding property may be a trustee, but where the trust involves exercise of discretion he cannot execute it unless he is competent to contract.
Who, under Section 9 of the Indian Trusts Act, 1882, may be a beneficiary of a trust?
aEvery person capable of holding property
bOnly a person competent to contract
cOnly a major Hindu male
dOnly a person who is also the trustee
Answer: A
Section 9 provides that every person capable of holding property may be a beneficiary; a proposed beneficiary may also renounce his interest by disclaimer to the trustee.
Where a trustee commits a breach of trust, his liability under Section 23 of the Indian Trusts Act, 1882 is, as a general rule, to
amake good the loss which the trust-property or the beneficiary has thereby sustained
bforfeit the entire trust property to the State
cpay a fine fixed by the Registrar of trusts
dbe imprisoned for a term which may extend to three years
Answer: A
Section 23 provides that a trustee committing a breach of trust is liable to make good the loss sustained by the trust-property or the beneficiary, subject to the exceptions of fraud, concurrence or acquiescence by the beneficiary.
Under Section 46 of the Indian Trusts Act, 1882, a trustee who has accepted the trust CANNOT afterwards renounce it except
awith the permission of a principal Civil Court of original jurisdiction, or with the consent of the beneficiary (if competent to contract), or by virtue of a special power in the instrument of trust
bat his own pleasure at any time
conly by transferring the trust property to a stranger
donly after the death of the author of the trust
Answer: A
Section 46 provides that a trustee who has accepted the trust cannot afterwards renounce it except with the permission of a principal Civil Court, or with the consent of the beneficiary if competent to contract, or by virtue of a special power in the instrument of trust.
Which one of the following is NOT a mode by which a trust is extinguished under Section 77 of the Indian Trusts Act, 1882?
aWhen a single trustee out of several dies
bWhen its purpose becomes unlawful
cWhen the fulfilment of its purpose becomes impossible by destruction of the trust-property or otherwise
dWhen its purpose is completely fulfilled
Answer: A
Section 77 extinguishes a trust when its purpose is completely fulfilled, becomes unlawful, becomes impossible of fulfilment, or when a revocable trust is expressly revoked; the death of one of several trustees does not extinguish the trust.
A trust 'otherwise than by will' (a non-testamentary trust in which no power of revocation is reserved and which is not for payment of debts) can be revoked under Section 78 of the Indian Trusts Act, 1882
aby the author at his pleasure at any time
bonly by an order of the Supreme Court
cby the trustee on giving one month's notice
dwhere all the beneficiaries are competent to contract, by their consent
Answer: D
Under Section 78(a), a trust otherwise created can be revoked where all the beneficiaries are competent to contract, by their consent; clauses (b) and (c) cover an expressly reserved power of revocation and trusts for payment of the author's debts.
Under Section 58 of the Indian Trusts Act, 1882, a beneficiary who is competent to contract
acan never transfer his beneficial interest
bmay transfer his interest only to the trustee
cmay transfer his interest, subject to the law for the time being in force as to the circumstances and extent of such transfer
dmay transfer his interest only with the author's written consent
Answer: C
Section 58 confers on a beneficiary competent to contract the right to transfer his interest, subject to the law in force; however, a married woman barred from depriving herself of her interest cannot transfer it during marriage.
Under Section 3 of the Indian Trusts Act, 1882, a "trust" is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner for the benefit of
athe owner alone
bthe State
canother, but never the owner
danother, or of another and the owner
Answer: D
Section 3 defines a trust as an obligation annexed to ownership of property arising from a confidence reposed in and accepted by the owner, for the benefit of another, or of another and the owner.
Under the Indian Trusts Act, 1882, the person who reposes or declares the confidence is called the
aauthor of the trust
bbeneficiary
ctrustee
dsettlor's nominee
Answer: A
By Section 3, the person who reposes or declares the confidence is the "author of the trust"; the one who accepts it is the trustee, and the one for whose benefit it is accepted is the beneficiary.
A trust in relation to immoveable property is valid, under Section 5 of the Indian Trusts Act, 1882, only if it is declared by
aan oral declaration before two witnesses
bmere transfer of possession to the trustee
ca non-testamentary instrument in writing signed by the author or trustee and registered, or by will
dan unregistered written instrument
Answer: C
Section 5 requires, for immoveable property, a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or a declaration by will.
Under Section 5 of the Indian Trusts Act, 1882, a trust of moveable property is valid if declared as in the case of immoveable property, or
aonly if attested by two witnesses
bonly if registered
cif the ownership of the property is transferred to the trustee
din no other manner
Answer: C
For moveable property, Section 5 allows validity either by a declaration as required for immoveable property, or by transfer of the ownership of the property to the trustee.
The four matters that the author of a trust must indicate with reasonable certainty under Section 6 of the Indian Trusts Act, 1882 are an intention to create a trust, the purpose of the trust, the beneficiary, and
athe trust-property
bthe duration of the trust
cthe remuneration of the trustee
dthe mode of revocation
Answer: A
Section 6 requires the author to indicate with reasonable certainty (a) the intention to create a trust, (b) the purpose, (c) the beneficiary and (d) the trust-property, and to transfer it to the trustee unless declared by will or he is himself the trustee.
Under Section 7 of the Indian Trusts Act, 1882, a trust may be created on behalf of a minor only with the permission of
athe District Magistrate
bthe Collector
ca principal Civil Court of original jurisdiction
dthe High Court only
Answer: C
Section 7 permits creation of a trust by every person competent to contract, and, with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor.
Under Section 8 of the Indian Trusts Act, 1882, the subject-matter of a trust must be
aa merely beneficial interest under a subsisting trust
bproperty transferable to the beneficiary
cany expectancy or chance
dimmoveable property alone
Answer: B
Section 8 requires the subject-matter to be property transferable to the beneficiary, and expressly provides it must not be a merely beneficial interest under a subsisting trust.
Under Section 10 of the Indian Trusts Act, 1882, a person who is capable of holding property may be a trustee; but where the trust involves the exercise of discretion, he cannot execute it unless he is
aof full age and a male
ba resident of India
ccompetent to contract
dan Official Trustee
Answer: C
Section 10 provides that every person capable of holding property may be a trustee, but where the trust involves exercise of discretion he cannot execute it unless competent to contract.
On the question of accepting a trust, Section 10 of the Indian Trusts Act, 1882 lays down that
aevery named trustee is bound to accept the trust
ba trustee once named cannot disclaim
cacceptance can only be by a registered instrument
dno one is bound to accept a trust
Answer: D
Section 10 states that no one is bound to accept a trust; the intended trustee may, within a reasonable period, disclaim it, which prevents the trust-property from vesting in him.
The duty of a trustee 'not to set up for himself or another any title to the trust-property adverse to the interest of the beneficiary' is contained in which Section of the Indian Trusts Act, 1882?
aSection 11
bSection 14
cSection 13
dSection 15
Answer: B
Section 14 provides that the trustee must not for himself or another set up or aid any title to the trust-property adverse to the interest of the beneficiary.
Under Section 23 of the Indian Trusts Act, 1882, where a trustee commits a breach of trust, he is ordinarily liable to
abe prosecuted criminally in every case
bpay a fixed statutory penalty irrespective of loss
cforfeit the entire trust-property to the State
dmake good the loss which the trust-property or the beneficiary has thereby sustained
Answer: D
Section 23 makes a trustee who commits a breach of trust liable to make good the loss which the trust-property or the beneficiary has thereby sustained, subject to the stated exceptions.
The rule that 'a trustee may not use or deal with the trust-property for his own profit or for any other purpose unconnected with the trust' is contained in which provision of the Indian Trusts Act, 1882?
aSection 50
bSection 51
cSection 52
dSection 54
Answer: B
Section 51 prohibits a trustee from using or dealing with the trust-property for his own profit or for any purpose unconnected with the trust.
Under Section 77 of the Indian Trusts Act, 1882, a trust is NOT extinguished merely
awhen its purpose is completely fulfilled
bwhen its purpose becomes unlawful
cwhere the trustees have transferred their interest to a third person
dwhen the trust, being revocable, is expressly revoked
Answer: C
Section 77 lists only four grounds of extinction: purpose fulfilled, purpose becoming unlawful, fulfilment becoming impossible, or express revocation of a revocable trust; transfer of the trustees' interest is not one of them.
The savings clause in Section 1 of the Indian Trusts Act, 1882 provides that nothing in the Act affects the rules of Muhammadan law as to
amehr
bwaqf
cpre-emption
dgift (hiba)
Answer: B
The Savings in Section 1 expressly preserve the rules of Muhammadan law as to waqf; the Act deals with private trusts and does not apply to public or private religious or charitable endowments.
Under Section 6 of the Indian Trusts Act, 1882, a trust is created only when the author of the trust indicates with reasonable certainty all of the following EXCEPT
athe exact monetary value of the trustee's remuneration
bthe purpose of the trust
cthe beneficiary and the trust-property
dan intention on his part to create thereby a trust
Answer: A
Section 6 requires certainty of intention, purpose, beneficiary and trust-property (the so-called certainties). The trustee's remuneration is not a requisite of creation of a trust.
Under Section 7 of the Indian Trusts Act, 1882, a trust may be created by or on behalf of a minor only
awithout any restriction, as a minor may always create a trust
bwith the permission of a principal Civil Court of original jurisdiction
cwith the consent of the District Magistrate
donly after the minor attains the age of eighteen years
Answer: B
Section 7 permits creation of a trust by every person competent to contract, and, with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor.
Which of the following correctly states the rule in Section 5 of the Indian Trusts Act, 1882, regarding a trust of movable property?
aIt is valid only if declared by a registered non-testamentary instrument
bIt is always invalid unless made by a will
cIt is valid if declared as in the case of immovable property, or if the ownership of the property is transferred to the trustee
dIt requires the permission of a Civil Court in every case
Answer: C
For movable property, Section 5 allows a trust to be declared either in the manner prescribed for immovable property or simply by transfer of ownership of the property to the trustee.
Under Section 10 of the Indian Trusts Act, 1882, where the trust involves the exercise of discretion, a person cannot execute the trust as trustee unless he is
aa major above twenty-one years of age
bapproved by the beneficiary in writing
ca citizen of India
dcompetent to contract
Answer: D
Section 10 says every person capable of holding property may be a trustee, but where the trust involves exercise of discretion he cannot execute it unless he is competent to contract.
Under Section 9 of the Indian Trusts Act, 1882, who may be a beneficiary?
aOnly a person competent to contract
bOnly a major and of sound mind
cOnly a person who is also the author of the trust
dEvery person capable of holding property
Answer: D
Section 9 provides that every person capable of holding property may be a beneficiary; thus even a minor or a person of unsound mind, being capable of holding property, may be a beneficiary.
A trust is extinguished under Section 77 of the Indian Trusts Act, 1882 in all of the following circumstances EXCEPT
awhen one of several co-trustees resigns from his office
bwhen its purpose becomes unlawful
cwhen the fulfilment of its purpose becomes impossible by destruction of the trust-property or otherwise
dwhen its purpose is completely fulfilled
Answer: A
Section 77 lists the four grounds of extinction: fulfilment of purpose, purpose becoming unlawful, impossibility of fulfilment, and express revocation of a revocable trust. Resignation of a trustee does not extinguish the trust.
Under Section 47 of the Indian Trusts Act, 1882, a trustee may delegate his office or duties in which of the following situations?
aWhenever he finds it personally convenient
bOnly with the prior sanction of the Registrar of Trusts
cWhere the instrument of trust so provides, or the delegation is in the regular course of business, or is necessary, or the beneficiary being competent to contract consents
dDelegation is absolutely prohibited in every case
Answer: C
Section 47 embodies the rule that a trustee cannot delegate, subject to the four exceptions: provision in the instrument of trust, regular course of business, necessity, or consent of a beneficiary competent to contract.
Subject to the provisions of the instrument of trust, the right of a beneficiary to the rents and profits of the trust-property is recognised under which section of the Indian Trusts Act, 1882?
aSection 65
bSection 56
cSection 55
dSection 77
Answer: C
Section 55 provides that the beneficiary has, subject to the provisions of the instrument of trust, a right to the rents and profits of the trust-property. Section 56 deals with the right to specific execution.
The provisions of the Indian Trusts Act, 1882 do NOT apply to
aa private trust of movable property created by a Hindu
ba trust created by a non-testamentary registered instrument
cthe rules of Muhammadan law as to waqf and public or private religious or charitable endowments
da trust created with the permission of a Civil Court on behalf of a minor
Answer: C
The savings clause in Section 1 excludes from the Act the rules of Muhammadan law as to waqf, the mutual relations of members of an undivided family, and public or private religious or charitable endowments.
Under Section 56 of the Indian Trusts Act, 1882, where there is only one beneficiary who is competent to contract, he may
aset aside the trust at his pleasure even if irrevocable
bappoint himself as the sole trustee without any formality
ccompel the author of the trust to enlarge the trust-property
drequire the trustee to transfer the trust-property to him or to such person as he may direct
Answer: D
Section 56 (right to specific execution) entitles the beneficiary to have the author's intention specifically executed to the extent of his interest, and where he is the sole competent beneficiary he may require the trustee to transfer the property to him or his nominee.
In which of the following cases did the Supreme Court hold that the principles of natural justice apply not merely to quasi-judicial functions but also to purely administrative actions affecting the rights of individuals?
aRidge v. Baldwin
bA.K. Kraipak v. Union of India
cProvince of Bombay v. Khushaldas Advani
dNakkuda Ali v. Jayaratne
Answer: B
In A.K. Kraipak v. Union of India (1969), the Supreme Court blurred the rigid distinction between administrative and quasi-judicial functions and held that the rules of natural justice operate in administrative actions as well.
The maxim 'audi alteram partem', which forms a limb of the principles of natural justice, means
ano one shall be a judge in his own cause
bjustice must not only be done but seen to be done
chear the other side
da speaking order must always be passed
Answer: C
'Audi alteram partem' is a Latin maxim meaning 'hear the other side', requiring that no person be condemned unheard. The other principal rule, 'nemo judex in causa sua', is the rule against bias.
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the principles of natural justice would apply to the impounding of a passport, even though the power was
ajudicial in character
badministrative in character
cquasi-judicial in character
dlegislative in character
Answer: B
The Court held that even if the power to impound a passport were treated as administrative, natural justice would still apply because the order entailed adverse civil consequences for the holder.
The principle that the legislature cannot delegate its 'essential legislative function', namely the laying down of legislative policy, was authoritatively laid down in
aRajnarain Singh v. Chairman, Patna Administration Committee
bIn re Delhi Laws Act, 1912
cHamdard Dawakhana v. Union of India
dGwalior Rayon Mills v. Assistant Commissioner of Sales Tax
Answer: B
In re Delhi Laws Act (1951) the Supreme Court held that while ancillary and incidental matters may be delegated, the essential legislative function of laying down policy cannot be delegated.
Article 323A of the Constitution empowers Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to
aindustrial and labour disputes
bland reforms and ceiling on urban property
crecruitment and conditions of service of persons appointed to public services
delections to Parliament and State Legislatures
Answer: C
Article 323A relates to administrative tribunals for service matters, i.e., recruitment and conditions of service of public servants of the Union or States. The subjects in the other options fall under Article 323B.
In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review vested in the High Courts under Article 226 and in the Supreme Court under Article 32
acan be excluded by tribunals constituted under Article 323A
bis part of the basic structure of the Constitution and cannot be ousted
cis available only against quasi-judicial action
dis subject to the supervisory power of the tribunals
Answer: B
L. Chandra Kumar held that judicial review under Articles 226 and 32 forms part of the basic structure, and tribunal decisions remain subject to scrutiny by the High Courts; clauses ousting that jurisdiction were struck down.
The writ of 'mandamus', which lies to compel the performance of a public or statutory duty, literally means
ato be certified
bwe command
cyou may have the body
dby what authority
Answer: B
'Mandamus' is Latin for 'we command'; it is issued to direct a public authority to perform a duty it is legally bound to perform. 'Certiorari' means to be certified, 'habeas corpus' means have the body, and 'quo warranto' means by what authority.
Which writ is appropriate to challenge the right of a person to hold a public office and to oust a usurper who occupies it without lawful authority?
aHabeas corpus
bMandamus
cProhibition
dQuo warranto
Answer: D
Quo warranto ('by what authority') is issued to inquire into the legality of a person's claim to a public office and to remove one holding it without legal sanction.
The doctrine of promissory estoppel was held to be enforceable against the Government, even in the absence of consideration, in
aUnion of India v. Indo-Afghan Agencies Ltd.
bExcise Commissioner v. Ram Kumar
cCentury Spinning Co. v. Ulhasnagar Municipal Council
dM/s Motilal Padampat Sugar Mills v. State of Uttar Pradesh
Answer: D
In Motilal Padampat Sugar Mills (1979), the Supreme Court held that the State is bound by promissory estoppel where it makes a clear and unequivocal promise intended to be acted upon and the promisee alters its position in reliance.
Under the Lokpal and Lokayuktas Act, 2013, the Lokpal consists of a Chairperson and members not exceeding eight, of whom the proportion that shall be judicial members is
aone-third
btwo-thirds
cone-half
done-fourth
Answer: C
The Act provides that the Lokpal shall consist of a Chairperson and up to eight members, of whom fifty per cent (one-half) shall be judicial members.
The exposition of the concept of 'Rule of Law' in its modern form, comprising supremacy of law, equality before law and the predominance of the legal spirit, is attributed to
aA.V. Dicey
bSir Ivor Jennings
cH.W.R. Wade
dRoscoe Pound
Answer: A
A.V. Dicey, in his work on the law of the Constitution, propounded the Rule of Law through its three classic elements: supremacy of law, equality before the law, and the predominance of the legal spirit.
'Droit Administratif', a separate body of rules governing administration and disputes between citizens and public officials adjudicated by special administrative courts, is a feature associated chiefly with the legal system of
aEngland
bAustralia
cthe United States of America
dFrance
Answer: D
Droit Administratif is the French system of administrative law under which disputes involving the administration are decided by administrative courts headed by the Conseil d'Etat, distinct from the ordinary courts.
The rule against bias, expressed by the maxim 'nemo judex in causa sua', means that
adelegated power cannot be further delegated
bthe State is bound by its own promises
ca public authority must give reasons for its decision
dno person shall be a judge in his own cause
Answer: D
'Nemo judex in causa sua' is the rule against bias and means that no one should be a judge in his own cause; an adjudicator with a personal interest in the matter is disqualified.
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