Bihar Judiciary Mock Test 10 — Questions & Solutions
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Under the Constitution of India, the power to grant pardons, reprieves, respites or remissions of punishment in cases involving sentences by a court martial is vested in the
aPresident under Article 72
bGovernor under Article 161
cPrime Minister under Article 74
dSupreme Court under Article 32
Answer: A
Article 72 confers the pardoning power on the President, and only the President (not the Governor) can pardon in cases of court-martial sentences and where the sentence is a sentence of death.
The 'Champaran Satyagraha' of 1917, the first major application of Satyagraha by Mahatma Gandhi in India, was launched against the exploitation of cultivators under which system?
aRyotwari system of revenue collection
bPermanent Settlement of land revenue
cTinkathia system of indigo cultivation
dMahalwari system of joint revenue
Answer: C
In Champaran (Bihar) European planters forced peasants to grow indigo on 3/20th of their land under the 'tinkathia' system; Gandhi's 1917 Satyagraha secured relief for the affected cultivators.
The element with atomic number 6, which forms the chemical basis of all known life and occurs in nature as diamond and graphite, is
aNitrogen
bCarbon
cSilicon
dOxygen
Answer: B
Carbon has atomic number 6 and exists in allotropic forms such as diamond and graphite; its ability to form long chains underlies organic chemistry and life.
A sum of money becomes double of itself in 8 years at a certain rate of simple interest. In how many years will the same sum become four times of itself at the same rate?
a16 years
b20 years
c32 years
d24 years
Answer: D
Doubling in 8 years means the interest equals the principal in 8 years (rate 12.5% p.a.). To become four times, the interest must equal three times the principal, needing 3 x 8 = 24 years.
The Maurya emperor who, after the Kalinga war, embraced Buddhism and ruled from Pataliputra was
aBindusara
bBrihadratha
cChandragupta Maurya
dAshoka
Answer: D
Ashoka, grandson of Chandragupta Maurya, fought the Kalinga war and thereafter adopted and propagated Buddhism, ruling from Pataliputra (modern Patna).
The ancient university of Nalanda, located in present-day Bihar, is traditionally believed to have been founded by which Gupta ruler?
aChandragupta I
bKumaragupta I
cSamudragupta
dSkandagupta
Answer: B
The Mahavihara at Nalanda is generally attributed to Kumaragupta I (c. 415-455 CE) of the Gupta dynasty, as evidenced by a seal bearing his name found at the site.
Pataliputra, the ancient name of present-day Patna, served as the capital of the Magadha empire after the seat of power was shifted from which earlier capital?
aVaishali
bChampa
cRajgriha (Rajagaha)
dKaushambi
Answer: C
The Magadhan capital was moved from Rajgriha (Rajagriha/Rajgir) to Pataliputra, at the confluence of the Son and Ganga, by the Haryanka rulers; Pataliputra later became the imperial Mauryan capital.
The First Buddhist Council, held shortly after the death of the Buddha, took place at which site associated with Magadha?
aVaishali
bPataliputra
cSarnath
dRajgriha (Rajagriha)
Answer: D
The First Buddhist Council was convened at Rajgriha (Rajagriha) under the patronage of King Ajatashatru, presided over by Mahakassapa, to compile the Buddha's teachings.
The Champaran Satyagraha of 1917, Mahatma Gandhi's first major satyagraha in India, was directed against the exploitation of peasants under which oppressive system?
aThe Permanent Settlement
bThe Ryotwari system
cThe Tinkathia (indigo) system
dThe Mahalwari system
Answer: C
In Champaran (Bihar), peasants were forced under the Tinkathia system to grow indigo on a portion of their land for European planters; Gandhi's intervention in 1917 led to relief for the cultivators.
Under the Constitution of India, the writ of Habeas Corpus is issued primarily to secure which of the following?
aRelease of a person from unlawful detention
bRemoval of a usurper from a public office
cQuashing of an order passed without jurisdiction
dCompelling a public authority to perform a statutory duty
Answer: A
Habeas Corpus literally means 'to have the body'; it commands the detaining authority to produce the detained person and justify the detention, securing release if the detention is unlawful.
The Directive Principles of State Policy in the Indian Constitution were borrowed from the Constitution of which country?
aUnited States of America
bIreland
cCanada
dAustralia
Answer: B
The idea of Directive Principles of State Policy (Part IV) was drawn from the Irish Constitution, which had in turn borrowed it from the Spanish Constitution.
Which Article of the Indian Constitution empowers the President to seek the advisory opinion of the Supreme Court on a question of law or fact?
aArticle 32
bArticle 143
cArticle 226
dArticle 137
Answer: B
Article 143 provides for the advisory jurisdiction of the Supreme Court, under which the President may refer a question of public importance for the Court's opinion.
The principal greenhouse gas responsible for the largest share of anthropogenic global warming is:
aCarbon dioxide
bMethane
cNitrous oxide
dOzone
Answer: A
Carbon dioxide (CO2), released mainly from burning fossil fuels, accounts for the largest portion of human-caused greenhouse warming, though methane is more potent per molecule.
Which vitamin is synthesised in the human skin upon exposure to sunlight (ultraviolet rays)?
aVitamin D
bVitamin C
cVitamin A
dVitamin K
Answer: A
Ultraviolet-B radiation in sunlight converts 7-dehydrocholesterol in the skin into a precursor of Vitamin D, which is essential for calcium absorption and bone health.
Choose the word most nearly OPPOSITE in meaning to the word 'EXONERATE':
aIncriminate
bAbsolve
cAcquit
dVindicate
Answer: A
'Exonerate' means to free from blame or accusation; its antonym is 'incriminate', meaning to make someone appear guilty. Acquit, absolve and vindicate are synonyms.
The High Court of Judicature at Patna was formally established in which year?
a1862
b1948
c1935
d1916
Answer: D
The Patna High Court was established by Letters Patent on 3 February 1916 and began functioning from 1 March 1916, making it one of the older High Courts of India.
Mahatma Gandhi's first Satyagraha in India in 1917 was launched on the issue of the indigo cultivators of which place in Bihar?
aBhagalpur
bMunger
cChamparan
dSaran
Answer: C
The Champaran Satyagraha of 1917 was Gandhi's first civil-disobedience movement in India, taken up against the oppressive tinkathia indigo-cultivation system imposed on peasants.
The ancient city of Pataliputra, on whose site modern Patna stands, served as the capital of which dynasty during the reign of Chandragupta Maurya?
aGupta dynasty
bPala dynasty
cMaurya dynasty
dSunga dynasty
Answer: C
Pataliputra was the capital of the Mauryan Empire founded by Chandragupta Maurya; it had earlier been raised by the Haryanka rulers of Magadha and later also served the Guptas.
If in a certain code RED is written as 27 and BLUE is written as 40, then on the same logic (sum of alphabetical positions of letters), GREEN is written as:
a49
b53
c44
d56
Answer: A
Positions: G=7, R=18, E=5, E=5, N=14, summing to 49 (RED=18+5+4=27 and BLUE=2+12+21+5=40 confirm the rule).
The 53rd Chief Justice of India, who was sworn in on 24 November 2025, is
aJustice B. R. Gavai
bJustice D. Y. Chandrachud
cJustice Sanjiv Khanna
dJustice Surya Kant
Answer: D
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai. He is due to remain in office until February 2027.
The 1917 Champaran Satyagraha led by Mahatma Gandhi was directed against the exploitation of cultivators under which system?
aThe Ryotwari system of land tenure
bThe Permanent Settlement of revenue
cThe Tinkathia system of indigo cultivation
dThe Mahalwari assessment of villages
Answer: C
In Champaran, European planters forced cultivators to grow indigo on three-twentieths (tinkathia) of their land. Gandhi's first satyagraha in India in 1917 secured relief for these peasants.
Which of the following rivers does NOT flow through the State of Bihar?
aKosi
bTapti
cSone
dGandak
Answer: B
The Tapti (Tapi) is a westward-flowing river of central and western India draining into the Arabian Sea. The Kosi, Gandak and Sone are all major tributaries of the Ganga flowing through Bihar.
Under the Indian Constitution, the right to constitutional remedies is guaranteed by
aArticle 19
bArticle 21
cArticle 32
dArticle 44
Answer: C
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights and was described by Dr. B. R. Ambedkar as the 'heart and soul' of the Constitution.
The ancient kingdom of Magadha, with its early capital at Rajgir, lay largely within the territory of present-day
aUttar Pradesh
bOdisha
cBihar
dWest Bengal
Answer: C
Magadha was centred in present-day southern Bihar, with Rajgriha (Rajgir) and later Pataliputra (Patna) as its capitals. It became the nucleus of the Maurya and Gupta empires.
Who was the first Chief Minister of Bihar after India became independent in 1947?
aSri Krishna Sinha
bAnugrah Narayan Sinha
cKrishna Ballabh Sahay
dBinodanand Jha
Answer: A
Sri Krishna Sinha (Sri Babu) served as the first Chief Minister (Premier) of Bihar and continued in office after independence, holding the post until his death in 1961.
The Tropic of Cancer passes through how many Indian States?
aSix
bEight
cSeven
dTen
Answer: B
The Tropic of Cancer (about 23.5 degrees N) passes through eight Indian States: Gujarat, Rajasthan, Madhya Pradesh, Chhattisgarh, Jharkhand, West Bengal, Tripura and Mizoram.
The 73rd Constitutional Amendment Act, 1992, is associated with
aAnti-defection provisions
bUrban local bodies (municipalities)
cPanchayati Raj institutions
dReservation in promotions
Answer: C
The 73rd Amendment gave constitutional status to Panchayati Raj institutions by inserting Part IX and the Eleventh Schedule. Urban local bodies were covered by the separate 74th Amendment.
The Nobel Peace Prize for 2025 was awarded to María Corina Machado for promoting democratic rights in which country?
aColombia
bVenezuela
cChile
dBolivia
Answer: B
The Norwegian Nobel Committee awarded the 2025 Nobel Peace Prize to Venezuelan opposition leader María Corina Machado for her work promoting democratic rights and a peaceful transition in Venezuela.
Which dynasty's ruler Kumaragupta I is traditionally credited with founding the ancient Nalanda Mahavihara, now a UNESCO World Heritage Site in Bihar?
aMaurya dynasty
bShunga dynasty
cPala dynasty
dGupta dynasty
Answer: D
Nalanda Mahavihara, inscribed as a UNESCO World Heritage Site in 2016, is regarded as having been founded by Kumaragupta I of the Gupta dynasty in the fifth century CE.
Madhubani painting, a renowned folk art of Bihar, is most closely associated with which cultural region of the state?
aMithila
bBhojpur
cMagadh
dAnga
Answer: A
Madhubani (or Mithila) painting is a traditional folk art practised by the women of the Mithila region of northern Bihar, characterised by intricate geometric and linear patterns.
Droupadi Murmu, the 15th President of India, was the Governor of which state before her election to the highest office?
aOdisha
bJharkhand
cChhattisgarh
dManipur
Answer: B
Before becoming President in 2022, Droupadi Murmu served as Governor of Jharkhand from 2015 to 2021; she had earlier been a member of the Odisha Legislative Assembly.
Under the Constitution of India, which Article empowers the President to declare a state of emergency on grounds of failure of the constitutional machinery in a State?
aArticle 352
bArticle 360
cArticle 356
dArticle 365
Answer: C
Article 356 provides for the imposition of President's Rule in a State when its government cannot be carried on in accordance with the Constitution; Article 352 deals with national emergency and Article 360 with financial emergency.
The 'Permanent Settlement' of land revenue introduced in 1793, which deeply affected the regions of Bihar and Bengal, is associated with which Governor-General?
aWarren Hastings
bLord Cornwallis
cLord Wellesley
dLord Dalhousie
Answer: B
The Permanent Settlement of 1793 was introduced by Lord Cornwallis, fixing land revenue permanently with the zamindars of Bengal, Bihar and Odisha.
The Champaran Satyagraha of 1917, led by Mahatma Gandhi in Bihar, was launched primarily against the exploitation of cultivators under which system?
aThe Ryotwari system
bThe Mahalwari system
cThe Tinkathia system of indigo cultivation
dThe Inam system
Answer: C
The Champaran Satyagraha was directed against the oppressive Tinkathia system, under which peasants were compelled to grow indigo on a fixed portion of their land for European planters.
Pataliputra, the site of the modern Bihar capital Patna, served as the capital of which ancient empire under Chandragupta Maurya?
aThe Gupta Empire
bThe Kushan Empire
cThe Maurya Empire
dThe Vardhana Empire
Answer: C
Pataliputra was the imperial capital of the Maurya Empire founded by Chandragupta Maurya, and it later served the Guptas as well; the modern city of Patna stands on the same site.
Which Fundamental Right under the Indian Constitution was described by Dr. B. R. Ambedkar as the 'heart and soul' of the Constitution?
aRight to Constitutional Remedies (Article 32)
bRight to Freedom of Speech (Article 19)
cRight to Equality (Article 14)
dRight against Exploitation (Article 23)
Answer: A
Dr. B. R. Ambedkar called Article 32, the Right to Constitutional Remedies, the 'heart and soul' of the Constitution because it allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights.
In a certain code language, 'TABLE' is written as 'UBCMF'. How would the word 'CHAIR' be written in the same code?
aBIZJS
bDIBKS
cDIBJS
dDJBJS
Answer: C
Each letter is shifted forward by one position in the alphabet (T to U, A to B, and so on); applying the same rule to CHAIR gives D-I-B-J-S, i.e. 'DIBJS'.
If the average of five consecutive even numbers is 36, what is the largest of these numbers?
a38
b40
c42
d44
Answer: B
For consecutive even numbers the average equals the middle number, so the third number is 36 and the five numbers are 32, 34, 36, 38, 40; the largest is 40.
The ancient Nalanda Mahavihara, whose excavated remains in Bihar were inscribed as a UNESCO World Heritage Site, was founded by a ruler of which dynasty?
aGupta dynasty
bMaurya dynasty
cPala dynasty
dSunga dynasty
Answer: A
Nalanda was founded by Kumaragupta I of the Gupta dynasty in the 5th century CE; its remains were inscribed on the UNESCO World Heritage List in 2016.
The Champaran Satyagraha of 1917, Mahatma Gandhi's first major civil resistance movement in India, was directed against the exploitation of cultivators forced to grow which crop?
aIndigo
bJute
cCotton
dOpium
Answer: A
In Champaran (Bihar), planters compelled peasants under the tinkathia system to cultivate indigo; Gandhi's 1917 satyagraha secured relief for these cultivators.
The 73rd Amendment to the Constitution of India, which gave constitutional status to Panchayati Raj Institutions, is associated with which Part of the Constitution?
aPart XIV
bPart IXA
cPart XI
dPart IX
Answer: D
The 73rd Amendment (1992) inserted Part IX ('The Panchayats') into the Constitution; Part IXA deals with Municipalities under the 74th Amendment.
Vaishali, an ancient site in Bihar, is regarded as one of the world's first examples of which form of governance?
aAbsolute monarchy
bMilitary dictatorship
cTheocracy
dRepublic (Gana-Sangha)
Answer: D
Vaishali, capital of the Licchavis, is widely cited as among the earliest republics (gana-sangha) where rulers were chosen by an assembly rather than by heredity.
In the Union Budget 2025-26, the Central Government announced the setting up of a 'Makhana Board' to support farmers. This board is to be established in which State?
aWest Bengal
bAssam
cBihar
dOdisha
Answer: C
The Union Budget 2025-26 announced a Makhana Board in Bihar, which accounts for roughly 90% of India's makhana (fox nut) production, to boost production, processing and marketing.
The Champaran Satyagraha of 1917, the first civil disobedience movement led by Mahatma Gandhi in India, was concerned with the grievances of cultivators forced to grow:
aOpium
bCotton
cSugarcane
dIndigo
Answer: D
In Champaran (north Bihar), planters compelled tenants to grow indigo under the tinkathia system; Gandhi's 1917 satyagraha sought relief for these cultivators.
Under the Constitution of India, the 'Directive Principles of State Policy' contained in Part IV are:
aFundamental in the governance of the country but not enforceable by any court
bEnforceable in any court of law
cApplicable only to the Union and not to the States
dSubject to amendment only by a national referendum
Answer: A
Article 37 declares that the Directive Principles are fundamental in the governance of the country and it shall be the duty of the State to apply them, but they are not enforceable by any court.
Who among the following was the first President of independent India?
aDr. S. Radhakrishnan
bV. V. Giri
cDr. Zakir Husain
dDr. Rajendra Prasad
Answer: D
Dr. Rajendra Prasad, who hailed from Bihar and presided over the Constituent Assembly, became the first President of India in 1950 and served two terms.
Choose the option that correctly fills the blank: 'Neither the teacher nor the students ______ aware of the sudden change in the examination schedule.'
awere
bwas
cis
dhas been
Answer: A
In 'neither...nor' constructions the verb agrees with the nearer subject; here 'students' is plural, so the correct verb is 'were'.
Which of the following Five-Year Plans of India is associated with the Mahalanobis model emphasising rapid development of heavy and basic industries?
aFirst Five-Year Plan
bSixth Five-Year Plan
cFourth Five-Year Plan
dSecond Five-Year Plan
Answer: D
The Second Five-Year Plan (1956-61) was based on the Mahalanobis model and laid stress on heavy and basic industries to build the industrial base of the economy.
Under the Indian Constitution, the maximum gap permitted between two consecutive sessions of a State Legislature (or Parliament) is:
aSix months
bFour months
cThree months
dOne year
Answer: A
Article 174 (and the corresponding Article 85 for Parliament) requires that no more than six months shall intervene between the last sitting of one session and the first sitting of the next.
Bihar Diwas, the foundation day of the State, is observed every year on 22nd March to commemorate the carving out of Bihar from which Presidency in 1912?
aMadras Presidency
bBombay Presidency
cAgra Presidency
dBengal Presidency
Answer: D
On 22 March 1912 the Bihar and Orissa divisions were separated from the Bengal Presidency to form a new province, an event commemorated as Bihar Diwas.
The ancient Nalanda Mahavihara, whose excavated remains in Bihar were inscribed on the UNESCO World Heritage List in 2016, was originally founded by which Gupta ruler?
aChandragupta II
bKumaragupta I
cSamudragupta
dSkandagupta
Answer: B
Nalanda Mahavihara was founded by Kumaragupta I of the Gupta dynasty in the 5th century CE; its remains were declared a UNESCO World Heritage Site on 15 July 2016.
Mahatma Gandhi's first satyagraha in India, launched in 1917 against the exploitative indigo-cultivation system, took place in which district of Bihar?
aChamparan
bSaran
cBhagalpur
dDarbhanga
Answer: A
The Champaran Satyagraha of 1917 was Gandhi's first civil-disobedience experiment in India, directed against the tinkathia indigo system.
aNeither the judge nor the lawyers was present in the court.
bNeither the judge nor the lawyers were present in the court.
cNeither the judge nor the lawyers is present in the court.
dNeither the judge or the lawyers were present in the court.
Answer: B
In 'neither...nor' constructions the verb agrees with the nearer subject; 'lawyers' is plural, so 'were' is correct, and the correlative must be 'nor', not 'or'.
The division of legislative powers between the Union and the States into three Lists is contained in which Schedule of the Constitution of India?
aSeventh Schedule
bSixth Schedule
cEighth Schedule
dNinth Schedule
Answer: A
The Seventh Schedule, read with Article 246, distributes legislative powers through the Union List (List I), the State List (List II) and the Concurrent List (List III).
Proclamation of emergency on the ground of failure of constitutional machinery in a State (commonly called President's Rule) is made under which Article of the Constitution?
aArticle 352
bArticle 365
cArticle 360
dArticle 356
Answer: D
Article 356 enables the President to assume to himself the functions of a State government where the constitutional machinery in the State has failed; Article 352 deals with national emergency and Article 360 with financial emergency.
A proclamation of national emergency under the Constitution may be issued by the President when the security of India is threatened by which of the following?
aRefusal of a State to comply with directions of the Union
bFailure of the financial stability of India
cBreakdown of constitutional machinery in a State
dWar, external aggression or armed rebellion
Answer: D
Article 352 permits the President to declare a national emergency when the security of India or any part of it is threatened by war, external aggression or armed rebellion (the term 'armed rebellion' was substituted for 'internal disturbance' by the 44th Amendment).
The High Court of Judicature at Patna, which exercises jurisdiction over the State of Bihar, was established in which year?
a1862
b1950
c1937
d1916
Answer: D
The Patna High Court was brought into existence by Letters Patent in February 1916 and commenced functioning on 1 March 1916; it is today the High Court for the State of Bihar within the scheme of Articles 214 and 226.
Under Article 233 of the Constitution of India, the appointment of a person to be a district judge in a State is made by the Governor
ain consultation with the High Court exercising jurisdiction in relation to that State
bin consultation with the Chief Justice of India
con the recommendation of the State Public Service Commission
dat his own discretion without any consultation
Answer: A
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding any post inferior to that of a district judge, is vested in
athe Governor of the State
bthe State Government
cthe High Court
dthe State Public Service Commission
Answer: C
Article 235 vests control over district courts and subordinate courts, including posting, promotion and grant of leave to members of the State judicial service below the rank of district judge, in the High Court.
The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 because Article 226 empowers the High Court to issue writs
aonly for the enforcement of fundamental rights
bonly against the State Government
cfor the enforcement of fundamental rights and also for any other purpose
donly where no alternative remedy exists
Answer: C
The expression 'and for any other purpose' in Article 226, absent in Article 32, allows High Courts to issue writs for enforcement of fundamental rights as well as other legal rights, making their jurisdiction wider.
In In re Berubari Union (1960), the Supreme Court held that the cession of Indian territory to a foreign State can be effected only by
aan ordinary law made by Parliament under Article 3
ban executive order of the President
ca resolution of the Council of States
dan amendment of the Constitution under Article 368
Answer: D
The Supreme Court held that Article 3 does not cover cession of national territory to a foreign State; such cession requires a constitutional amendment under Article 368.
The words 'Socialist', 'Secular' and 'Integrity' were inserted in the Preamble to the Constitution of India by
athe 24th Constitutional Amendment Act, 1971
bthe 52nd Constitutional Amendment Act, 1985
cthe 44th Constitutional Amendment Act, 1978
dthe 42nd Constitutional Amendment Act, 1976
Answer: D
The 42nd Amendment Act, 1976 substituted 'Sovereign Democratic Republic' with 'Sovereign Socialist Secular Democratic Republic' and changed 'unity of the Nation' to 'unity and integrity of the Nation'.
Parliament may create a new All-India Service common to the Union and the States only if the Council of States (Rajya Sabha) has declared, by a resolution supported by not less than two-thirds of the members present and voting, that it is necessary in the national interest to do so. This power is conferred by
aArticle 309
bArticle 310
cArticle 312
dArticle 315
Answer: C
Article 312 empowers Parliament to create new All-India Services only after the Rajya Sabha passes such a resolution by a two-thirds majority of members present and voting in the national interest.
When the President of India is to be impeached for violation of the Constitution, the charge must be supported by a resolution passed by a majority of not less than
atwo-thirds of the members present and voting of the House
bthree-fourths of the members present and voting of the House
ca simple majority of the total membership of the House
dtwo-thirds of the total membership of the House
Answer: D
Under Article 61, a resolution to prefer or sustain the charge of impeachment must be passed by a majority of not less than two-thirds of the total membership of the House.
A new Part IX, 'The Panchayats', containing Articles 243 to 243-O, and the Eleventh Schedule listing functional items for Panchayats, were added to the Constitution by
athe 73rd Constitutional Amendment Act, 1992
bthe 74th Constitutional Amendment Act, 1992
cthe 65th Constitutional Amendment Act, 1990
dthe 69th Constitutional Amendment Act, 1991
Answer: A
The 73rd Amendment Act, 1992 inserted Part IX (Articles 243 to 243-O) on Panchayats and added the Eleventh Schedule containing 29 functional items.
A person not already in the service of the Union or of a State is eligible for appointment as a district judge under Article 233(2) only if he has been an advocate or pleader for a period of not less than
afive years
bthree years
cten years
dseven years
Answer: D
Article 233(2) requires that such a person must have been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
The Right to Property, which was originally a fundamental right under Article 31, was removed from Part III and made a constitutional/legal right under Article 300-A by
athe 42nd Constitutional Amendment Act, 1976
bthe 44th Constitutional Amendment Act, 1978
cthe 25th Constitutional Amendment Act, 1971
dthe 1st Constitutional Amendment Act, 1951
Answer: B
The 44th Amendment Act, 1978 deleted the right to property as a fundamental right (Article 31) and inserted Article 300-A, making it merely a constitutional/legal right.
The provisions relating to disqualification of a member of a House of Parliament or a State Legislature on the ground of defection are contained in
athe Ninth Schedule
bthe Tenth Schedule
cthe Eleventh Schedule
dthe Twelfth Schedule
Answer: B
The Tenth Schedule, inserted by the 52nd Amendment Act, 1985, contains the anti-defection provisions dealing with disqualification on the ground of defection.
Under Article 124(2) of the Constitution, a Judge of the Supreme Court holds office until he attains the age of
asixty years
bsixty-two years
csixty-five years
dseventy years
Answer: C
Article 124(2) provides that a Judge of the Supreme Court holds office until he attains the age of sixty-five years; a High Court Judge under Article 217 retires at sixty-two.
A Proclamation of Emergency on the ground of failure of constitutional machinery in a State (President's Rule) is issued under
aArticle 352
bArticle 356
cArticle 360
dArticle 365
Answer: B
Article 356 empowers the President to assume the functions of the State Government where the government of the State cannot be carried on in accordance with the provisions of the Constitution.
Which one of the following writs is issued by a court to a public official or body to compel the performance of a public or statutory duty which it has refused to perform?
aMandamus
bQuo Warranto
cHabeas Corpus
dCertiorari
Answer: A
Mandamus ('we command') is issued to a public authority directing it to perform a public or statutory duty which it has failed or refused to perform; it does not lie against a private individual.
Under the Indian Contract Act, 1872, when a person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other thereto, he is said to make a
apromise
bcontract
cagreement
dproposal
Answer: D
Section 2(a) defines a 'proposal' as the signification of one's willingness to do or abstain from doing anything with a view to obtaining the assent of the other.
A finds B's lost servant and restores him, in ignorance of B's handbill offering a reward for such restoration. A's claim for the reward must fail. The principle that there can be no acceptance of an offer without knowledge of it was laid down in
aCarlill v. Carbolic Smoke Ball Co.
bLalman Shukla v. Gauri Dutt
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: B
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that knowledge of the offer is essential; a person who acts in ignorance of an offer of reward cannot claim it.
An agreement made by a minor under the Indian Contract Act, 1872 is
avoidable at the option of the minor
bvoidable at the option of the other party
cvalid but unenforceable
dvoid ab initio
Answer: D
As held by the Privy Council in Mohori Bibee v. Dharmodas Ghose (1903), read with Section 11, a minor is not competent to contract and an agreement with a minor is void ab initio.
The communication of an acceptance, as against the proposer, is complete under the Indian Contract Act, 1872
awhen it comes to the knowledge of the proposer
bwhen it is put in a course of transmission to him so as to be out of the power of the acceptor
cwhen the acceptance is signed by the acceptor
dwhen the proposer dispatches the proposal
Answer: B
Under Section 4, communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him so as to be out of the power of the acceptor.
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration is valid if it is
amade orally on account of natural love and affection between strangers
ba promise to pay a sum already barred by limitation, even if not in writing
ca promise to do an unlawful act for a near relative
dexpressed in writing and registered, made on account of natural love and affection between parties standing in a near relation to each other
Answer: D
The first exception in Section 25 saves an agreement without consideration where it is in writing, registered, and made on account of natural love and affection between parties in near relation.
Under Section 15 of the Indian Contract Act, 1872, 'coercion' includes the committing, or threatening to commit, any act forbidden by
athe law of torts
bthe Specific Relief Act
cthe Indian Penal Code
dany local custom
Answer: C
Section 15 defines coercion as committing or threatening to commit any act forbidden by the Indian Penal Code, or the unlawful detaining of property, to compel a person to enter into an agreement.
Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void. This rule, subject to the exception relating to sale of goodwill, is contained in
aSection 26
bSection 30
cSection 28
dSection 27
Answer: D
Section 27 declares agreements in restraint of trade void to that extent, the only statutory exception being the sale of goodwill.
Where necessaries suited to his condition in life are supplied to a minor, the person who furnished such supplies is entitled to be reimbursed
afrom the property of the minor
bpersonally from the minor
cfrom the minor's guardian only
dto no extent, as the contract is void
Answer: A
Under Section 68, a supplier of necessaries to a person incapable of contracting, such as a minor, is entitled to reimbursement from the property of such incapable person, not by personal action.
A contract to do or not to do something if some event, collateral to such contract, does or does not happen is known as a
awagering agreement
bcontingent contract
cquasi-contract
dvoid agreement
Answer: B
Section 31 defines a 'contingent contract' as a contract to do or not to do something if some event, collateral to such contract, does or does not happen.
When a contract contains a stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual loss is proved, to receive reasonable compensation not exceeding the amount so named. This is provided in
aSection 73
bSection 75
cSection 74
dSection 70
Answer: C
Section 74 deals with stipulated/liquidated damages and penalty, allowing reasonable compensation not exceeding the named amount, whether or not actual damage is proved.
A contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which the promisor could not prevent becomes impossible or unlawful, becomes
avoidable at the option of the promisee
bvalid and enforceable against the promisor
cvoid when the act becomes impossible or unlawful
dvoid ab initio
Answer: C
Under the second paragraph of Section 56 (doctrine of frustration, applied in Satyabrata Ghose v. Mugneeram Bangur & Co.), a contract becomes void when the act to be performed becomes impossible or unlawful by reason of a supervening event.
Under the Indian Contract Act, 1872, when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be accepted and the proposal so accepted becomes a
acontract
bagreement
cpromise
dconsideration
Answer: C
Section 2(b) provides that a proposal, when accepted, becomes a promise; an agreement [Section 2(e)] is every promise and set of promises forming consideration for each other.
A minor's agreement under the Indian Contract Act, 1872 is void ab initio. This principle was authoritatively laid down by the Privy Council in
aLalman Shukla v. Gauri Dutt
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that an agreement by a minor is void ab initio, a minor being incompetent to contract under Section 11.
A servant who traced and brought back his master's missing nephew, without knowledge of the reward announced in the meantime, was held not entitled to claim the reward. This was decided in
aCarlill v. Carbolic Smoke Ball Co.
bLalman Shukla v. Gauri Dutt
cHarvey v. Facey
dFelthouse v. Bindley
Answer: B
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that an act done in ignorance of a proposal is no acceptance, since the offer was never communicated to the offeree.
An agreement made without consideration is valid if it is in writing, registered, and made on account of natural love and affection between parties standing in near relation. This exception is contained in
aSection 10
bSection 23
cSection 27
dSection 25
Answer: D
Section 25(1) of the Indian Contract Act, 1872 saves an agreement made without consideration where it is in writing, registered, and made out of natural love and affection between near relations.
Committing, or threatening to commit, any act forbidden by the Indian Penal Code, or unlawfully detaining or threatening to detain any property, with the intention of causing a person to enter into an agreement, amounts to
aundue influence
bmisrepresentation
cfraud
dcoercion
Answer: D
Section 15 defines coercion as committing or threatening any act forbidden by the IPC, or unlawful detention of property, to compel a person to enter into an agreement. Undue influence is defined separately in Section 16.
An agreement by which any person is restrained from exercising a lawful profession, trade or business is, under the Indian Contract Act, 1872
avalid and fully enforceable
bvoidable at the option of the restrained party
cvoid to that extent, save the exception relating to sale of goodwill
dvoid only if the restraint is unreasonable
Answer: C
Section 27 declares every agreement in restraint of trade void to that extent; the sole statutory exception saves a reasonable restraint accompanying the sale of the goodwill of a business.
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is known under the Indian Contract Act, 1872 as a
acontingent contract
bwagering agreement
cquasi-contract
dvoid agreement
Answer: A
Section 31 defines a contingent contract as one to do or not to do something if some event, collateral to such contract, does or does not happen.
When a contract becomes impossible to perform, or unlawful, by reason of some event which the promisor could not prevent, after the contract is made, the contract becomes
avoidable at the option of the promisee
bvoid ab initio
cvalid but specifically unenforceable
dvoid when the act becomes impossible or unlawful
Answer: D
Under Section 56, supervening impossibility or illegality renders the contract void when the act becomes impossible or unlawful; this codifies the doctrine of frustration, as explained in Satyabrata Ghose v. Mugneeram Bangur.
In a contract of guarantee under the Indian Contract Act, 1872, the person who gives the guarantee is called the
aprincipal debtor
bcreditor
cindemnifier
dsurety
Answer: D
Under Section 126, the person giving the guarantee is the surety, the person in respect of whose default it is given is the principal debtor, and the person to whom it is given is the creditor.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is a contract of
aagency
bguarantee
cbailment
dindemnity
Answer: D
Section 124 defines a contract of indemnity as one in which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
The communication of an acceptance is complete, as against the proposer,
awhen it comes to the knowledge of the proposer
bas soon as the acceptor decides to accept
cwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
dwhen the acceptor revokes his acceptance
Answer: C
Under Section 4, communication of acceptance is complete as against the proposer when it is put in a course of transmission so as to be out of the acceptor's power, and as against the acceptor when it comes to the proposer's knowledge.
Where a contract has been broken, the party suffering by such breach is entitled to compensation for loss which naturally arose in the usual course of things, but no compensation is given for any remote and indirect loss. This rule, drawn from Hadley v. Baxendale, is embodied in
aSection 73
bSection 70
cSection 56
dSection 74
Answer: A
Section 73 codifies the measure of damages for breach and incorporates the remoteness rule of Hadley v. Baxendale, excluding remote and indirect loss.
A contract is said to be induced by undue influence where the relations between the parties are such that one of them is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. Such a contract is
avoidable at the option of the party whose consent was so caused
bvoid ab initio
cvalid and binding
dillegal
Answer: A
Undue influence is defined in Section 16; under Section 19A, an agreement caused by undue influence is voidable at the option of the party whose consent was so obtained.
Goods displayed in the show-window of a shop with a price-tag attached amount, in the law of contract, to a/an
aoffer
bacceptance
ccounter-offer
dinvitation to offer
Answer: D
Display of goods with a price-tag is merely an invitation to offer; the customer makes the offer by tendering the price, which the shopkeeper may accept or refuse.
Under Section 23 of the Indian Contract Act, 1872, an agreement of which the object or consideration is unlawful is
avoid
bvalid but unenforceable
cvoidable
dmerely irregular
Answer: A
Section 23 provides that every agreement of which the object or consideration is unlawful, for instance, forbidden by law, fraudulent, immoral or opposed to public policy, is void.
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is defined in the Indian Contract Act, 1872 as a—
avoid agreement under Section 2(g)
bvoidable contract under Section 2(i)
ccontract under Section 2(h)
dvalid agreement under Section 2(e)
Answer: B
Section 2(i) defines a voidable contract as one enforceable by law at the option of one party but not the other. A void agreement, not enforceable at all, is defined in Section 2(g).
In Lalman Shukla v. Gauri Dutt, the Allahabad High Court denied the servant's claim to the reward for tracing the missing boy. The principle laid down was that—
athere can be no acceptance without knowledge of the offer at the time of performance
ba minor cannot enforce a reward contract
ca reward offer is merely an invitation to offer
dconsideration must move only from the promisee
Answer: A
The Court held that since Lalman had no knowledge of the reward when he found the boy, there was no valid acceptance, and hence no enforceable contract. Knowledge of the offer is essential for acceptance.
An agreement made by a minor is void ab initio. This rule was authoritatively laid down by the Privy Council in—
aMohori Bibee v. Dharmodas Ghose
bCarlill v. Carbolic Smoke Ball Co.
cBalfour v. Balfour
dLalman Shukla v. Gauri Dutt
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement by a minor is absolutely void from the beginning, as a minor is not competent to contract under Section 11.
Under Section 11 of the Indian Contract Act, 1872, a person is competent to contract if he is of the age of majority, is of sound mind, and—
ais a citizen of India
bis engaged in trade
chas given consideration
dis not disqualified from contracting by any law to which he is subject
Answer: D
Section 11 lays down three requirements for competency: majority, soundness of mind, and not being disqualified from contracting by any law to which the person is subject.
'Coercion', as defined under Section 15 of the Indian Contract Act, 1872, includes the unlawful detaining, or threatening to detain, any property to the prejudice of any person, as well as—
aany act prohibited by the Indian Penal Code
bthe committing or threatening to commit any act forbidden by the Indian Penal Code
cmere persuasion by a dominant party
dany misrepresentation of a material fact
Answer: B
Section 15 defines coercion as committing or threatening to commit any act forbidden by the Indian Penal Code, or unlawfully detaining or threatening to detain property, with intent to cause a person to enter into an agreement.
A contract is said to be induced by 'undue influence' under Section 16 where one party is in a position to dominate the will of the other and uses that position to obtain—
aa fresh consideration
ba written agreement
can unfair advantage over the other
dspecific performance
Answer: C
Section 16 defines undue influence as a situation where the relations between the parties enable one to dominate the will of the other and that position is used to obtain an unfair advantage.
A agrees to pay Rs. 1,000 to B, an agreement made orally and without any consideration. Under Section 25 of the Indian Contract Act, 1872, such an agreement is—
avalid
bvoid
cvoidable at the option of A
dvalid only if B accepts in writing
Answer: B
Section 25 provides that an agreement made without consideration is void, unless it falls within the stated exceptions (e.g., natural love and affection in writing and registered, compensation for past voluntary act, or a time-barred debt).
A agrees with B to discover a hidden treasure by magic. This agreement, being to do an act impossible in itself, is—
avalid under Section 10
bvoidable under Section 19
cvoid under Section 56
dmerely unenforceable for want of consideration
Answer: C
Section 56 provides that an agreement to do an act impossible in itself is void. An agreement to find treasure by magic is the classic illustration of initial impossibility.
Where necessaries suited to his condition in life are supplied to a minor or a person of unsound mind, the supplier is entitled to be reimbursed from the property of such incapable person. This obligation arises under—
aSection 64
bSection 68
cSection 65
dSection 70
Answer: B
Section 68, a quasi-contractual provision, entitles a supplier of necessaries to a minor or person of unsound mind to reimbursement from the property of that incapable person, not from the person individually.
A sum named in a contract as the amount to be paid in case of breach, where it is a genuine pre-estimate of loss, is dealt with under Section 74 of the Indian Contract Act, 1872 as—
aunliquidated damages assessed by the court
bliquidated damages or penalty, with reasonable compensation not exceeding the named sum
cspecific performance
da void stipulation
Answer: B
Section 74 deals with the sum named in the contract as payable on breach (liquidated damages or penalty); the aggrieved party is entitled to reasonable compensation not exceeding that amount, whether or not actual loss is proved.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined in the Indian Contract Act, 1872 as a—
acontract of guarantee under Section 126
bcontract of agency under Section 182
ccontract of bailment under Section 148
dcontract of indemnity under Section 124
Answer: D
Section 124 defines a contract of indemnity as one where one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
The delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them, is defined as 'bailment' under—
aSection 124
bSection 126
cSection 148
dSection 172
Answer: C
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, upon a contract to return or dispose of them after the purpose is accomplished.
Under the Indian Contract Act, 1872, consideration may move from the promisee or any other person. This principle was applied in
aChinnaya v. Ramayya
bLalman Shukla v. Gauri Dutt
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: A
Section 2(d) permits consideration to move from 'the promisee or any other person'; in Chinnaya v. Ramayya the Madras High Court upheld a suit by a party who was a stranger to the consideration but a party to the contract.
An agreement made without consideration is void, but it is valid if it is a written and registered agreement made on account of natural love and affection between parties standing in near relation. This exception is contained in
aSection 10
bSection 23
cSection 25
dSection 27
Answer: C
Section 25 declares an agreement without consideration void, subject to exceptions including natural love and affection (in writing and registered), compensation for past voluntary acts, and a promise to pay a time-barred debt.
A advertises in the newspaper that he will pay Rs. 5,000 to anyone who returns his lost dog. B, knowing of the advertisement, finds and returns the dog. This is an example of
aa general offer accepted by performance of the condition
ba mere invitation to offer with no binding effect
ca void agreement for want of communication of acceptance
dan agreement by way of wager
Answer: A
As in Carlill v. Carbolic Smoke Ball Co., a general offer to the world at large is accepted by a person who performs the stated condition with knowledge of the offer, creating a binding contract.
Lalman Shukla v. Gauri Dutt is an authority for the proposition that
aa contract with a minor is void ab initio
bpast consideration is no consideration in India
ca person who does an act in ignorance of an offer cannot claim the reward
dan agreement in restraint of trade is void
Answer: C
In Lalman Shukla v. Gauri Dutt the Allahabad High Court held that there can be no acceptance, and hence no contract, where the person performing the act had no knowledge of the offer of reward.
Every person is competent to contract who is of the age of majority, of sound mind and not disqualified by any law to which he is subject. This is provided under
aSection 10
bSection 11
cSection 12
dSection 13
Answer: B
Section 11 lays down the requirements of capacity to contract; the age of majority for this purpose is governed by the Indian Majority Act, 1875.
A minor mortgaged his property to secure a loan and later sought to avoid it. It was held that an agreement by a minor is void ab initio. This was decided in
aChinnaya v. Ramayya
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dCurrie v. Misa
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is void ab initio, so the question of restitution under Sections 64 and 65 did not arise.
Where the parties to a contract agree to substitute a new contract for the old one, or to rescind or alter it, the original contract need not be performed. This is the effect of
aSection 56
bSection 73
cSection 65
dSection 62
Answer: D
Section 62 deals with novation, rescission and alteration; on substitution, rescission or alteration the original contract need not be performed.
A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, unlawful, becomes
avoidable at the option of the promisee
bvalid but unenforceable
cvoid ab initio
dvoid when the act becomes impossible or unlawful
Answer: D
Section 56 embodies the doctrine of frustration: a contract becomes void when its performance subsequently becomes impossible or unlawful by an event beyond the promisor's control.
In a contract of guarantee, the person who gives the guarantee is called the
aprincipal debtor
bsurety
ccreditor
dbailor
Answer: B
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default the guarantee is given is the 'principal debtor', and the person to whom the guarantee is given is the 'creditor'.
The delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed of when the purpose is accomplished, is defined as 'bailment' under
aSection 124
bSection 148
cSection 171
dSection 182
Answer: B
Section 148 defines bailment; possession of the goods passes to the bailee while ownership remains with the bailor.
A general lien, in the absence of a contract to the contrary, is available to bankers, factors, wharfingers, attorneys of a High Court and policy brokers under
aSection 171
bSection 170
cSection 172
dSection 148
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, allowing them to retain goods bailed as security for a general balance of account.
Where a contract names a sum to be paid in case of breach, the party complaining of the breach is entitled to receive reasonable compensation not exceeding the amount so named, whether or not actual damage is proved. This rule is contained in
aSection 73
bSection 56
cSection 75
dSection 74
Answer: D
Section 74 governs compensation where a sum is named in the contract as payable on breach (liquidated damages or penalty); the aggrieved party gets reasonable compensation not exceeding the named amount.
Under the Indian Contract Act, 1872, a person who signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other, is said to make a
apromise
bproposal
cconsideration
dreciprocal promise
Answer: B
Section 2(a) defines a 'proposal' as signifying to another one's willingness to do or abstain from doing anything with a view to obtaining that other's assent. When accepted, a proposal becomes a promise under Section 2(b).
Every promise and every set of promises forming the consideration for each other is, under the Indian Contract Act, 1872, defined as
aa contract under Section 2(h)
ban agreement under Section 2(e)
ca promise under Section 2(b)
da voidable contract under Section 2(i)
Answer: B
Section 2(e) defines an 'agreement' as every promise and every set of promises forming the consideration for each other; an agreement enforceable by law is a contract under Section 2(h).
A, a servant, traces and brings back B's missing nephew without any knowledge of B's earlier announcement of a reward. A's claim for the reward will
asucceed, as he performed the very act required
bsucceed, as a reward offer binds the offeror absolutely
cfail, as there can be no acceptance without knowledge of the offer
dfail, as a servant can never accept his master's offer
Answer: C
In Lalman Shukla v. Gauri Dutt (1913) the Allahabad High Court held that knowledge of the offer is essential before its acceptance; without consensus ad idem no contract arises and the reward cannot be claimed.
The principle that an agreement entered into by a minor is void ab initio was authoritatively settled by the Privy Council in
aLalman Shukla v. Gauri Dutt
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that a minor's agreement is void ab initio, since a minor is not competent to contract under Section 11.
A promises to pay B Rs. 5,000 in consideration of B's promise to commit a criminal breach of trust. Under Section 23 of the Indian Contract Act, 1872, the agreement is
avoid, the consideration and object being unlawful
bvoidable at the option of A
cvalid and enforceable
dmerely unenforceable for want of writing
Answer: A
Under Section 23, where the consideration or object of an agreement is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of law, the agreement is void as the consideration and object are unlawful.
An agreement made without consideration is, under Section 25 of the Indian Contract Act, 1872, generally void; however it is valid where it is
aa wager on a future uncertain event
bmade orally between strangers for a small sum
cmade in restraint of marriage of a major
din writing and registered, made on account of natural love and affection between parties in near relation
Answer: D
Section 25 makes an agreement without consideration void, except inter alia where it is in writing and registered and made out of natural love and affection between parties standing in near relation to each other.
Every agreement in restraint of the marriage of any person, other than a minor, is, under the Indian Contract Act, 1872,
avalid
bvoidable
cvoid only if the restraint is total
dvoid
Answer: D
Section 26 declares that every agreement in restraint of the marriage of any person, other than a minor, is void, whether the restraint is partial or total.
Under Section 27 of the Indian Contract Act, 1872, an agreement by which a person is restrained from exercising a lawful profession, trade or business is void; an exception is recognised in favour of
aan employee who agrees not to compete after leaving service
bthe seller of the goodwill of a business who agrees to refrain from a similar business within reasonable local limits
cpartners agreeing not to carry on any other business during partnership only
dany restraint, provided it is reasonable in duration
Answer: B
Section 27 makes restraint of trade void to that extent, but the statutory exception permits one who sells the goodwill of a business to agree with the buyer to refrain from a like business within local limits that appear reasonable to the court.
An agreement by way of wager is, under Section 30 of the Indian Contract Act, 1872,
avalid and enforceable
bvoid, and no suit lies to recover anything won on the wager
cvoidable at the option of the loser
dillegal and punishable
Answer: B
Section 30 provides that agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to abide the result of any uncertain event on which a wager is made.
A contracts to pay B Rs. 10,000 if B's house is burnt. This is an illustration of
aa void agreement under Section 56
ba wagering agreement under Section 30
ca quasi-contract under Section 68
da contingent contract under Section 31
Answer: D
Section 31 defines a contingent contract as a contract to do or not to do something if some event collateral to the contract does or does not happen; the promise to pay if B's house is burnt is the statutory illustration.
A finds a purse on the road and takes it into his custody. Under Section 71 of the Indian Contract Act, 1872, A, as finder of the goods, is subject to
ano obligation, the goods having been abandoned
babsolute ownership immediately on finding
cthe liability of a trustee for all purposes
dthe same responsibility as a bailee towards the true owner
Answer: D
Section 71 provides that a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee towards the true owner.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is, under the Indian Contract Act, 1872, called a contract of
aguarantee under Section 126
bindemnity under Section 124
cbailment under Section 148
dagency under Section 182
Answer: B
Section 124 defines a contract of indemnity as one by which a party promises to save the other from loss caused by the conduct of the promisor himself or any other person; it involves two parties, the indemnifier and the indemnified.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the
aprincipal debtor
bcreditor
csurety
dindemnifier
Answer: A
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
Where a contract has been broken, the party who suffers is entitled, under Section 73 of the Indian Contract Act, 1872, to compensation for loss or damage which
anaturally arose in the usual course of things from the breach, or which the parties knew to be likely to result from it
bis remote and indirect but flows from the breach
cthe party chooses to claim, irrespective of foreseeability
dexceeds the sum named in the contract as penalty
Answer: A
Section 73 allows compensation for loss or damage which naturally arose in the usual course of things from the breach, or which the parties knew when contracting to be likely to result; no compensation is given for remote or indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872, entitles the aggrieved party to receive
athe named sum in every case as a matter of right
bonly the actual loss strictly proved, ignoring the named sum
cdouble the named sum if the breach is wilful
dreasonable compensation not exceeding the sum so named, whether or not actual damage is proved
Answer: D
Section 74 provides that where a sum is named or a penalty stipulated, the party complaining of breach is entitled to reasonable compensation not exceeding the amount so named, whether or not actual loss is proved.
Under the Indian Contract Act, 1872, the definition of 'consideration' is contained in
aSection 2(e)
bSection 2(d)
cSection 2(f)
dSection 2(g)
Answer: B
Section 2(d) defines consideration as an act, abstinence or promise done at the desire of the promisor by the promisee or any other person. Section 2(e) defines 'agreement'.
The rule that consideration must move 'at the desire of the promisor' and not at the instance of a third party was laid down in
aLalman Shukla v. Gauri Dutt
bBalfour v. Balfour
cMohori Bibee v. Dharmodas Ghose
dDurga Prasad v. Baldeo
Answer: D
In Durga Prasad v. Baldeo (1881) ILR 3 All 221, the Allahabad High Court held that since the construction was done at the desire of the Collector and not the promisor, there was no valid consideration.
A finds B's lost dog and restores it to B without knowing that B had announced a reward. A claims the reward. On the principle of Lalman Shukla v. Gauri Dutt, A is
aentitled to the reward as he performed the act
bentitled to half the reward on equitable grounds
cnot entitled, because he had no knowledge of the offer when he acted
dentitled only if he was a servant of B
Answer: C
In Lalman Shukla v. Gauri Dutt (1913), it was held that there can be no acceptance of an offer of which the acceptor had no knowledge; an act done in ignorance of the offer is no acceptance.
Under Section 25 of the Indian Contract Act, an agreement made without consideration on account of natural love and affection between parties standing in near relation is valid only if it is
ain writing and registered
boral but made before two witnesses
cstamped under the Indian Stamp Act
dsupported by past consideration
Answer: A
Under the first exception to Section 25, such an agreement is valid only if expressed in writing and registered under the law relating to registration of documents.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is defined under the Indian Contract Act as a contract of
aguarantee
bbailment
cindemnity
dagency
Answer: C
Section 124 defines a contract of indemnity. A contract of guarantee under Section 126 is to perform the promise or discharge the liability of a third person on his default.
In a contract of guarantee under Section 126 of the Indian Contract Act, the person who gives the guarantee is called the
aprincipal debtor
bcreditor
csurety
dindemnifier
Answer: C
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default the guarantee is given is the 'principal debtor', and the person to whom the guarantee is given is the 'creditor'.
The bailment of goods as security for payment of a debt or performance of a promise is, under the Indian Contract Act, called a
alien
bmortgage
cpledge
dhypothecation
Answer: C
Section 172 defines 'pledge' as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee is the 'pawnee'.
The doctrine of frustration of contract, and the principle that 'impossible' in Section 56 is not confined to physical impossibility, was authoritatively explained by the Supreme Court in
aCarlill v. Carbolic Smoke Ball Co.
bHadley v. Baxendale
cSatyabrata Ghose v. Mugneeram Bangur & Co.
dMohori Bibee v. Dharmodas Ghose
Answer: C
In Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44, the Supreme Court held that 'impossible' under Section 56 includes impracticability or frustration of the object, not merely literal/physical impossibility.
Where consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is, under Section 19 of the Indian Contract Act,
avoidable at the option of the party whose consent was so caused
bvoid ab initio
cvoidable at the option of either party
dvalid and binding
Answer: A
Section 19 provides that an agreement whose consent is caused by coercion, fraud or misrepresentation is a contract voidable at the option of the party whose consent was so caused.
Under Section 11 of the Indian Contract Act, which of the following is NOT competent to contract?
aA person of the age of majority
bA person of sound mind
cA minor
dA person not disqualified by any law to which he is subject
Answer: C
Section 11 requires that a party be of the age of majority, of sound mind, and not disqualified by law; a minor, not being of the age of majority, is not competent to contract.
Where necessaries suited to his condition in life are supplied to a minor, under Section 68 of the Indian Contract Act the supplier is entitled to be reimbursed
apersonally from the minor
bfrom the property of the minor
cfrom the minor's guardian in his personal capacity
dnot at all, the agreement being void
Answer: B
Under Section 68, the minor is not personally liable, but the person who supplied necessaries is entitled to reimbursement from the property of the minor.
Under Section 74 of the Indian Contract Act, where a sum is named in the contract as the amount to be paid in case of breach, the aggrieved party is entitled to receive
athe whole named sum automatically as a penalty
bdouble the named sum if fraud is proved
creasonable compensation not exceeding the sum named, whether or not actual damage is proved
donly the actual loss proved, ignoring the named sum
Answer: C
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount so named (or penalty stipulated), irrespective of proof of actual damage.
Under Section 23 of the Indian Contract Act, the consideration or object of an agreement is unlawful where
ait is forbidden by law, or defeats the provisions of any law, or is fraudulent, immoral or opposed to public policy
bit is inadequate in value
cone party is a minor
dthe agreement is oral
Answer: A
Section 23 renders the consideration or object unlawful, inter alia, where it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury, or is immoral or opposed to public policy.
Under Section 182 of the Indian Contract Act, a person employed to do any act for another or to represent another in dealings with third persons is called the
aprincipal
bsurety
cbailee
dagent
Answer: D
Section 182 defines an 'agent' as a person employed to do any act for another or to represent another in dealings with third persons; the person so represented is the 'principal'.
Under the Indian Contract Act, 1872, when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be
arevoked, and the proposal lapses
baccepted, and a proposal when accepted becomes a promise
can agreement enforceable by law
da reciprocal promise
Answer: B
Section 2(b) provides that when the person to whom the proposal is made signifies his assent, the proposal is said to be accepted, and a proposal when accepted becomes a promise. An agreement enforceable by law is a contract under Section 2(h).
In Lalman Shukla v. Gauri Dutt (1913), the servant who traced the missing boy was held not entitled to the announced reward chiefly because
aa servant cannot contract with his master
bthe reward was excessive and against public policy
che had no knowledge of the offer at the time he performed the act
dthe offer was not made in writing and registered
Answer: C
The Allahabad High Court held that there can be no acceptance, and hence no contract, where the person performing the act was unaware of the offer when he did it. Knowledge of the offer is essential to its acceptance.
An agreement made without consideration is void; however, it is valid if it is a promise made on account of natural love and affection between parties standing in a near relation, provided it is
amade before two attesting witnesses
bexpressed in writing and registered under the law for the time being in force
csupported by past consideration
dperformed within a reasonable time
Answer: B
Section 25(1) requires that an agreement made on account of natural love and affection between parties standing in a near relation be in writing and registered to be enforceable despite the absence of consideration.
The decision that a minor's agreement is void ab initio and incapable of ratification was authoritatively settled by the Privy Council in
aCarlill v. Carbolic Smoke Ball Co.
bLalman Shukla v. Gauri Dutt
cMohori Bibee v. Dharmodas Ghose
dSatyabrata Ghose v. Mugneeram Bangur & Co.
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114, the Privy Council held that an agreement by a minor is void ab initio, read with Sections 10 and 11 of the Act.
An agreement to do an act impossible in itself is void. Where a contract to do an act becomes impossible or unlawful after it is made, by reason of an event which the promisor could not prevent, the contract
aremains binding and the promisor must pay damages
bis voidable at the option of the promisee only
cbecomes void when the act becomes impossible or unlawful
dis void from its very inception
Answer: C
Section 56 provides that a contract to do an act which, after it is made, becomes impossible or unlawful becomes void when the act becomes impossible or unlawful. This embodies the doctrine of frustration as explained in Satyabrata Ghose v. Mugneeram Bangur & Co.
Under the Indian Contract Act, 1872, a 'contract of indemnity' is a contract by which one party promises to save the other from loss caused to him
aby any event whatsoever, including natural causes
bonly by the conduct of the promisor himself
conly by the conduct of a third person
dby the conduct of the promisor himself, or by the conduct of any other person
Answer: D
Section 124 defines a contract of indemnity as one in which the promisor promises to save the promisee from loss caused either by the conduct of the promisor himself or by the conduct of any other person.
An agreement the consideration or object of which is such that, if permitted, it would defeat the provisions of any law, is
avoidable at the option of the party defrauded
bvoid, the consideration or object being unlawful
cvalid but unenforceable
dmerely irregular and curable by performance
Answer: B
Section 23 declares the consideration or object of an agreement unlawful, inter alia, where it would defeat the provisions of any law, and under that section every agreement of which the object or consideration is unlawful is void.
Section 73 of the Indian Contract Act, which allows compensation for loss caused by breach, expressly excludes compensation for
aany remote and indirect loss or damage sustained by reason of the breach
bloss which naturally arose in the usual course of things
closs which the parties knew at the time of contract to be likely to result
dloss arising from non-performance of a quasi-contractual obligation
Answer: A
Section 73 allows compensation for loss naturally arising in the usual course of things or within the parties' contemplation, but expressly states that no compensation is to be given for any remote and indirect loss. It is the statutory embodiment of Hadley v. Baxendale.
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is
aa voidable contract
ba void agreement
can illegal agreement
da contingent contract
Answer: A
Section 2(i) defines a voidable contract as an agreement enforceable by law at the option of one or more parties but not at the option of the other or others. A void agreement, by contrast, is not enforceable by law under Section 2(g).
Under the Code of Civil Procedure, 1908, courts have jurisdiction to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. This principle is contained in
aSection 9
bSection 11
cSection 15
dSection 21
Answer: A
Section 9 CPC provides that the courts shall (subject to the provisions therein) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res judicata, which bars a court from trying a suit or issue already finally decided in a former suit between the same parties, is embodied in the Code of Civil Procedure, 1908 under
aSection 10
bSection 12
cSection 11
dSection 13
Answer: C
Section 11 CPC enacts the rule of res judicata; Section 10 deals with stay of suit (res sub judice), which is distinct from res judicata.
Where two suits between the same parties and on the same matter in issue are pending, the trial of the subsequently instituted suit may be stayed. This rule of res sub judice is provided under
aSection 9 CPC
bSection 10 CPC
cSection 11 CPC
dSection 151 CPC
Answer: B
Section 10 CPC (stay of suit) bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties.
Before instituting a suit against the Government or against a public officer in respect of an act purporting to be done in his official capacity, a notice must be served. The mandatory notice and the period of two months are prescribed by
aSection 79 CPC
bSection 80 CPC
cSection 82 CPC
dSection 91 CPC
Answer: B
Section 80 CPC mandates a two months' prior written notice before suing the Government or a public officer for acts done in official capacity; failure to give such notice renders the plaint liable to rejection.
Under the Code of Civil Procedure, 1908, a second appeal lies to the High Court from an appellate decree only if the case involves
aan error of fact
ba mixed question of law and fact
ca substantial question of law
da question of valuation only
Answer: C
Section 100 CPC provides that a second appeal lies to the High Court only if it is satisfied that the case involves a substantial question of law, which must be formulated by the court.
The High Court's power of revision over subordinate courts that have exercised jurisdiction not vested in them, failed to exercise jurisdiction so vested, or acted illegally in the exercise of jurisdiction, is contained in
aSection 115 CPC
bSection 100 CPC
cSection 96 CPC
dSection 151 CPC
Answer: A
Section 115 CPC confers revisional jurisdiction on the High Court over a subordinate court in cases of jurisdictional error; Section 96 deals with first appeals and Section 100 with second appeals.
A defendant must ordinarily present his written statement within thirty days from the date of service of summons; the proviso to Order VIII, Rule 1 CPC permits the court to extend this period but in no case beyond
asixty days
bninety days
cone hundred twenty days
done hundred eighty days
Answer: B
The proviso to Order VIII Rule 1 CPC allows the court, for reasons to be recorded, to permit filing of the written statement on a later day, but not later than ninety days from the date of service of summons.
Under the Code of Civil Procedure, 1908, the grounds on which a plaint may be rejected, such as non-disclosure of a cause of action or insufficiently stamped plaint, are set out in
aOrder VI, Rule 17
bOrder VII, Rule 11
cOrder VIII, Rule 6
dOrder IX, Rule 13
Answer: B
Order VII Rule 11 CPC enumerates the grounds for rejection of a plaint, including where it does not disclose a cause of action or is not duly stamped.
The provision empowering a court to allow either party to alter or amend his pleadings at any stage of the proceedings on such terms as may be just is found in the Code of Civil Procedure under
aOrder VI, Rule 17
bOrder I, Rule 10
cOrder II, Rule 2
dOrder XXIII, Rule 1
Answer: A
Order VI Rule 17 CPC deals with amendment of pleadings, allowing the court to permit amendments necessary for determining the real questions in controversy.
Where a suit is decreed ex parte against a defendant, the defendant may apply to the court by which the decree was passed for an order to set it aside under
aOrder IX, Rule 9
bOrder XXXVII, Rule 4
cOrder IX, Rule 6
dOrder IX, Rule 13
Answer: D
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree has been passed to apply for its setting aside on showing sufficient cause for non-appearance.
Cases in which a temporary injunction may be granted by the court to restrain the alienation, wasting or damaging of property in dispute are provided in the Code of Civil Procedure under
aOrder XXXVIII, Rules 1 and 2
bOrder XXVI, Rule 9
cOrder XL, Rule 1
dOrder XXXIX, Rules 1 and 2
Answer: D
Order XXXIX Rules 1 and 2 CPC set out the circumstances in which a temporary injunction may be granted; Order XXXVIII relates to arrest and attachment before judgment.
The general power of the court to add, strike out or substitute parties so that all matters in dispute may be effectually adjudicated upon is contained in the Code of Civil Procedure under
aOrder I, Rule 10
bOrder II, Rule 4
cOrder V, Rule 1
dOrder XXII, Rule 4
Answer: A
Order I Rule 10 CPC empowers the court to add or strike out parties and to substitute the correct plaintiff where a suit has been instituted in the name of the wrong person.
On the death of one of two or more plaintiffs where the right to sue does not survive to the surviving plaintiffs alone, the procedure for bringing the legal representatives on record is governed by the Code of Civil Procedure under
aOrder XXI
bOrder XXII
cOrder XXIII
dOrder XXVI
Answer: B
Order XXII CPC deals with death, marriage and insolvency of parties and the substitution of legal representatives; abatement follows where no application is made within the prescribed time.
The power of the High Court or the District Court to transfer and withdraw suits, appeals or other proceedings pending before a subordinate court is conferred by the Code of Civil Procedure under
aSection 22
bSection 24
cSection 25
dSection 151
Answer: B
Section 24 CPC vests in the High Court and the District Court the general power to transfer and withdraw suits, appeals and other proceedings; Section 25 deals with transfer by the Supreme Court from one State to another.
Where it appears to the court that there exist elements of a settlement, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement including Lok Adalat, or mediation. This power is contained in the Code of Civil Procedure under
aSection 88
bSection 94
cSection 89
dSection 96
Answer: C
Section 89 CPC, introduced by the 1999 amendment, empowers the court to refer disputes to alternative modes of settlement including arbitration, conciliation, Lok Adalat and mediation where elements of a settlement exist.
Under the Code of Civil Procedure, 1908, the courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This principle is contained in
aSection 11
bSection 9
cSection 15
dSection 26
Answer: B
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred.
The doctrine of res sub judice, which requires a court to stay the trial of a subsequently instituted suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is embodied in
aSection 10
bSection 11
cSection 13
dSection 47
Answer: A
Section 10 CPC contains the rule of res sub judice and directs stay of the later suit when its matter is directly and substantially in issue in a previously instituted suit between the same parties.
A and B litigated a question of title to a plot of land and the matter was finally decided by a competent court. B now files a fresh suit against A raising the same question of title. The bar that prevents the second suit is found in
aSection 11
bSection 10
cSection 12
dSection 13
Answer: A
Section 11 CPC embodies the doctrine of res judicata, barring re-litigation of a matter directly and substantially in issue that has been finally decided between the same parties by a competent court.
Under the Code of Civil Procedure, 1908, the grounds on which a foreign judgment shall NOT be conclusive between the parties are enumerated in
aSection 13
bSection 14
cSection 44A
dSection 15
Answer: A
Section 13 CPC lists six situations (such as want of jurisdiction, judgment not on merits, breach of natural justice, fraud, etc.) in which a foreign judgment is not conclusive.
A suit for the recovery of immovable property situate within the local limits of the jurisdiction of one court is, as a general rule, to be instituted in the court within whose local limits the property is situate. This rule is contained in
aSection 15
bSection 19
cSection 16
dSection 20
Answer: C
Section 16 CPC requires suits relating to immovable property (recovery, partition, foreclosure, sale, redemption, determination of right or interest, etc.) to be instituted where the property is situate.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of a notice. The period of such notice and the section providing for it are
aOne month — Section 79
bThree months — Section 80
cTwo months — Section 80
dTwo months — Section 81
Answer: C
Section 80 CPC requires a written notice and bars institution of the suit against the Government or a public officer until the expiry of two months after delivery of such notice.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation. This power is conferred by
aSection 88
bSection 90
cSection 89
dSection 94
Answer: C
Section 89 CPC empowers the court to refer disputes for settlement outside court through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
An appeal from every decree passed by any court exercising original jurisdiction lies to the court authorised to hear appeals; but no appeal lies from a decree passed by the court with the consent of parties. The latter prohibition is contained in
aSection 96(1)
bSection 97
cSection 96(3)
dSection 100
Answer: C
Section 96(3) CPC bars any appeal from a decree passed by the court with the consent of parties.
The High Court may call for the record of any case decided by a subordinate court in which no appeal lies and pass orders where the subordinate court appears to have exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity. This revisional power is conferred by
aSection 113
bSection 115
cSection 114
dSection 100A
Answer: B
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies.
Where and in so far as a decree is varied or reversed in appeal, the court of first instance shall, on the application of any party entitled to a benefit by way of restitution, cause such restitution to be made as will place the parties in the position which they would have occupied but for such decree. This provision is
aSection 144
bSection 151
cSection 152
dSection 148
Answer: A
Section 144 CPC provides for restitution to place parties in the position they would have occupied but for a decree that is subsequently varied or reversed.
The provision in the Code of Civil Procedure, 1908 which saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court is
aSection 151
bSection 149
cSection 148
dSection 153
Answer: A
Section 151 CPC preserves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court.
A person who apprehends that a suit or proceeding is going to be instituted against him may lodge a caveat in the court. Such caveat, unless an application is made before its expiry, shall not remain in force after the expiry of
a90 days
b60 days
c30 days
d120 days
Answer: A
Under Section 148A CPC a caveat does not remain in force after ninety days from the date on which it was lodged unless an application is made before that period expires.
A defendant is required to present a written statement of his defence within thirty days from the date of service of summons; the court may, for reasons to be recorded, allow it to be filed on a later day, not later than
a60 days from service of summons
bsix months from service of summons
c120 days from service of summons
d90 days from service of summons
Answer: D
Order VIII Rule 1 CPC permits filing of the written statement beyond thirty days for recorded reasons, but in an ordinary suit not later than ninety days from the date of service of summons.
The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, where such amendment is necessary for determining the real questions in controversy. The provision dealing with amendment of pleadings is
aOrder VII Rule 11
bOrder VI Rule 17
cOrder I Rule 10
dOrder VIII Rule 9
Answer: B
Order VI Rule 17 CPC empowers the court to allow amendment of pleadings at any stage where necessary to determine the real questions in controversy.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest a person without a warrant when that person commits a cognizable offence in the presence of such officer. Which provision embodies this power?
aSection 41(1)(a)
bSection 35(1)(a)
cSection 39
dSection 43
Answer: B
Section 35(1)(a) of the BNSS empowers a police officer to arrest without a warrant any person who commits a cognizable offence in the presence of such officer. It corresponds to the former Section 41(1)(a) of the CrPC.
Where the offence alleged is punishable with imprisonment of less than three years and the person to be arrested is infirm or above sixty years of age, the BNSS bars arrest without the prior permission of an officer not below which rank?
aSub-Inspector of Police
bDeputy Superintendent of Police
cInspector of Police
dSuperintendent of Police
Answer: B
Section 35(7) of the BNSS introduces a fresh safeguard: for offences punishable with less than three years, an infirm person or one above sixty years cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.
The concept of a 'Zero FIR'—registration of information relating to a cognizable offence irrespective of the area where the offence is committed—is statutorily recognised under which section of the BNSS?
aSection 154
bSection 176
cSection 175
dSection 173
Answer: D
Section 173 of the BNSS deals with information in cognizable cases and statutorily recognises the Zero FIR, mandating registration irrespective of jurisdiction. It corresponds to Section 154 of the old CrPC.
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