Bihar Judiciary — Prelims 2009

Correct answer: D

This is a subjective/opinion-style GK item; the conventional answer-key choice for Chandragupta Maurya is 'an enlightened despot', but the framing is debatable.

Correct answer: C

Kumarasambhava is an epic poem by the classical Sanskrit poet Kalidasa.

Correct answer: D

Razia Sultan, despite her abilities, failed largely because the Turkish nobles (the 'Chahalgani') resented being ruled by a woman.

Correct answer: C

Kabir is the great exponent of the Nirguna (formless God) school of the Bhakti movement, unlike the Saguna poets Tulsidas, Surdas and Mirabai.

Correct answer: C

Babur's battles in chronological order: Panipat (1526), Khanua (1527), Chanderi (1528), Ghaghara (1529).

Correct answer: A

The actual leader of the 1857 Revolt in Bihar was Kunwar Singh, who is not among the options; his brother Amar Singh (a) led after Kunwar Singh's death, so Amar Singh is the best-fit choice.

Correct answer: B

'India Wins Freedom' is the autobiography of Maulana Abul Kalam Azad.

Correct answer: B

The newspaper 'The Bengalee' of Calcutta was run by Surendranath Banerjea.

Correct answer: B

Among the listed lakes, Kolleru is a freshwater lake (Andhra Pradesh), whereas Sambhar and Pulicat are saline; the stem is OCR-truncated ('fresh water lake').

Correct answer: D

The Cardamom Hills (Elaichi Hills) form the southernmost range of the Western Ghats / India.

Correct answer: C

Jharia (Jharkhand) is India's richest coalfield and is described as the 'store house of coal'.

Correct answer: B

Vivek Kundra was named by President Obama in March 2009 as the first U.S. Federal Chief Information Officer.

Correct answer: B

Rahul Dravid broke Mark Waugh's record (181) for most Test catches by a non-wicketkeeper in 2009.

Correct answer: B

England won the 2009 Women's Cricket World Cup in Australia, beating New Zealand in the final at North Sydney Oval.

Correct answer: B

Bihar launched the 'Hunar' programme providing free vocational/skill education to minority Muslim girls.

Correct answer: D

The 14th ASEAN Summit and East Asia Summit at Pattaya, Thailand were postponed in April 2009 after anti-government (red-shirt) protesters stormed the venue.

Correct answer: B

A concentrated brine (25% salt-water solution) has the highest cooling/quenching rate among the listed fluids, cooling the steel fastest.

Correct answer: B

By Newton's third law, the force the mass exerts on the spring scale equals and opposes the 20 N the scale exerts, i.e. 20 N.

Correct answer: C

A light year is the distance light travels in one year; it is a unit of distance, not time.

Correct answer: D

Steam at 100 degC carries additional latent heat of vaporisation that it releases on the skin, so a steam burn is more severe than one from boiling water at the same temperature.

Correct answer: A

Mercury is the planet closest to the Sun.

Correct answer: D

The arithmetic is OCR-garbled (185x12-30+66-12 evaluates to 2244, which matches no option); no option is computable from the printed expression, so this is unanswerable as printed.

Correct answer: A

A fish is not a mammal; bats and whales are mammals.

Correct answer: A

The Kalpasutra (Jaina text) was composed by Bhadrabahu.

Correct answer: D

The Chinese pilgrim Fa-hien (Faxian) visited India during the reign of Chandragupta II (Vikramaditya).

Correct answer: A

The Paramara (Pawar) dynasty of Malwa was founded by Upendra (also called Krishnaraja) in the 9th century; later rulers like Munja and Bhoja descended from him.

Correct answer: B

'Kitab-ul-Hind' (Tahqiq-i-Hind) was written by Abu Raihan Al-Beruni, who accompanied Mahmud of Ghazni and documented Indian society and sciences.

Correct answer: D

'Padmavat', the Awadhi epic poem (1540), was composed by Malik Muhammad Jayasi.

Correct answer: C

In the British period the peasantry was chiefly ground down by the moneylender (mahajan), to whom indebtedness and land alienation reduced cultivators; this is the standard textbook position.

Correct answer: B

Dadabhai Naoroji presided over the 1886 Calcutta session of the Indian National Congress (the second Congress session).

Correct answer: C

Aruna Asaf Ali, who hoisted the flag at the Gowalia Tank maidan in 1942, is popularly called the 'Heroine/Grand Old Lady of the Quit India Movement'.

Correct answer: D

Rameshwaram, Sriharikota and New Moore are islands; Uran is a mainland town/port near Mumbai (Navi Mumbai), not an island.

Correct answer: C

The reservoir formed by the Tehri Dam on the Bhagirathi is named Swami Ram Tirth Sagar (Tehri reservoir); Govind Sagar (Bhakra) and Govind Ballabh Sagar (Rihand) are different reservoirs.

Correct answer: B

Among the listed options the keyed answer is Jog (Gersoppa) Falls, traditionally cited as India's highest; note that by sheer height Kunchikal Falls is actually highest but it is not an option here.

Correct answer: B

Options (c) Infosys and (d) Tech Mahindra are OCR-garbled/nonsensical for a country question; the genuine country answer is Malaysia, where Javan rhinos were reportedly recorded (Borneo) in 2009.

Correct answer: B

Protection against double jeopardy ('no person shall be prosecuted and punished for the same offence more than once') is guaranteed by Article 20(2) of the Constitution.

Correct answer: D

Right to health, education and safe drinking water have been read into Article 21, but the right to strike is not a fundamental right under Art. 21 (T.K. Rangarajan v. State of Tamil Nadu, 2003).

Correct answer: C

A person appointed by the court to take charge of and protect disputed property pending suit is a Receiver (Order XL CPC).

Correct answer: C

The Arbitration and Conciliation Act was enacted in 1996 (Act 26 of 1996), replacing the Arbitration Act, 1940.

Correct answer: D

Section 482 of the CrPC, 1973 saves and deals with the inherent powers of the High Court to prevent abuse of process and secure the ends of justice.

Correct answer: C

The words 'Secular' and 'Socialist' (and 'Integrity') were added to the Preamble by the Constitution (42nd Amendment) Act, 1976.

Correct answer: D

Section 45 of the Indian Evidence Act, 1872 makes the opinion of experts (a third person) on points of foreign law, science, art, handwriting, etc., relevant.

Correct answer: C

Section 55 of the Indian Evidence Act, 1872 provides that in criminal proceedings the fact that the accused person is of good character is relevant.

Correct answer: C

The stem is OCR-truncated ('within ninety...'); read as the amendment introducing time-bound delivery of judgments, the relevant CPC overhaul was the Amendment Act of 2002 (w.e.f. 1-7-2002), so best-guess (c).

Correct answer: A

Article 3 empowers Parliament to form a new State and alter areas, boundaries or names of existing States.

Correct answer: D

Central Govt., State Govt. and a statutory university like Patna University fall within 'State' under Article 12; a deity (a religious idol) is not an instrumentality of the State.

Correct answer: C

A person having an interest in the subject matter of the dispute cannot validly act as an arbitrator, as it offends the requirement of impartiality and independence.

Correct answer: D

Section 437 CrPC empowers a court (other than the High Court/Sessions) and a police officer to release an accused on bail in a non-bailable case in specified circumstances; Section 436 deals with bailable offences.

Correct answer: D

Although the Code of Civil Procedure was enacted in 1908, it came into force on 1st January 1909 (per Section 1(3)).

Correct answer: D

Section 44 CrPC empowers a Magistrate (Executive or Judicial) to arrest, or order arrest of, a person who commits an offence in his presence within his local jurisdiction.

Correct answer: B

Under Muslim law the father is the natural guardian of a minor's person and property; the order of guardianship is father, father's executor, paternal grandfather, then his executor.

Correct answer: B

A de-facto guardian (one having no legal authority) has no power to transfer or alienate the immovable property of a Muslim minor; such alienation is void (Mohd. Amin v. Vakil Ahmad).

Correct answer: D

Section 3 TPA expressly excludes a debt secured by mortgage of immovable property (or pledge/hypothecation of movables) from the definition of 'actionable claim'.

Correct answer: D

A bequest of a fund to the next seven generations violates the rule against perpetuity (s.14 TPA); the public-benefit transfer, lease-renewal covenant and inapplicability to vested interests are the recognised exceptions.

Correct answer: D

Sale, gift and exchange are transfers of property; the relinquishment/abandonment of a mere claim to property is not a 'transfer' within s.5 TPA.

Correct answer: A

The maxim 'equity acts in personam' means equity enforces its decrees by acting on the conscience of the person charged, not directly on the property.

Correct answer: D

Dr. Hanbury observed that 'the trust is the very centre and kernel of equity'.

Correct answer: C

Section 3 of the Indian Trusts Act, 1882 (interpretation clause) defines 'breach of trust' as a breach of any duty imposed on a trustee by law.

Correct answer: C

Under s.26 of the Indian Trusts Act, 1882 one trustee is, as a general rule, not liable for a breach of trust committed by his co-trustee (subject to limited exceptions in ss.13 and 15).

Correct answer: D

Section 58 TPA recognises six kinds of mortgage (simple, conditional sale, usufructuary, English, deposit of title-deeds, anomalous); subrogation (s.92) is not a kind of mortgage.

Correct answer: D

An agricultural lease involves cultivation/tilling of the soil; a mere right to gather fruits from already-standing trees does not constitute an agricultural lease.

Correct answer: C

On divorce, iddat of a non-pregnant woman runs for three menstrual courses (roughly three months); on a husband's death it is four months ten days, and for a pregnant woman until delivery.

Correct answer: A

Talaq-ul-Bain (bain = irrevocable) becomes effective immediately and cannot be revoked after pronouncement, unlike the revocable talaq-ahsan/talaq-hasan forms.

Correct answer: D

Best guess: a widowed daughter has no right (the father's maintenance obligation to a daughter ends on her marriage), whereas a disabled major son and poor parents do have rights; sources support rights for both daughter and disabled son, so the key is debatable.

Correct answer: D

Section 3 TPA expressly excludes standing timber (along with growing crops and grass) from the definition of 'immovable property'.

Correct answer: C

Best guess (c); under s.123 TPA a gift of immovable property must be by registered instrument signed and attested (delivery is not strictly required), so the options are loosely framed and none is a perfect statement of s.123.

Correct answer: D

A right to credit in a provident fund is an actionable claim; a mortgage debt is expressly excluded, and mesne profits and a decree are not actionable claims.

Correct answer: B

Section 41 TPA lays down the rule of transfer by an ostensible owner, protecting a bona fide transferee for value who took reasonable care.

Correct answer: A

'Lis pendens' literally means a suit pending or under the consideration of a court of law; the doctrine is embodied in s.52 TPA.

Correct answer: C

The term 'cestui que trust' (the beneficiary of a trust) originated in and was used by the Court of Equity/Chancery.

Correct answer: C

A minor lacks the contractual competence to create a trust; the author of a trust must be a person competent to contract (s.7, Indian Trusts Act).

Correct answer: B

Section 53 TPA deals with fraudulent transfers made to defeat or delay creditors, making such a transfer voidable.

Correct answer: A

F.W. Maitland said 'equity came not to destroy the law, but to fulfil it' (echoing Matthew 5:17).

Correct answer: A

The maxim 'equality is equity' means equity delights in equality and, where possible, distributes equally among those equally entitled (option (a), 'equity delights in equity', being the printed/garbled form of this).

Correct answer: A

The doctrine of part performance is contained in s.53A of the Transfer of Property Act, 1882 (inserted by the 1929 Amendment).

Correct answer: A

Specific performance of a contract for a unique chattel (an original Picasso painting) is granted because monetary compensation is not an adequate remedy, per Section 10 of the Specific Relief Act, 1963.

Correct answer: B

A contract to marry (personal/determinable in nature, dependent on the will and pleasure of a party) cannot be specifically enforced; such contracts of personal service are excepted under the Specific Relief Act.

Correct answer: B

Mohori Bibee v. Dharmodas Ghose (1903) is the leading Privy Council case holding that a minor's agreement is void ab initio under Section 11 of the Indian Contract Act, 1872.

Correct answer: A

A threat to commit suicide amounts to coercion under Section 15 of the Indian Contract Act, as held in Chikham Amiraju v. Chikham Seshamma; the act of suicide is forbidden by the IPC.

Correct answer: A

The law on measure of damages for breach of contract derives from Hadley v. Baxendale (1854), laying down the rule of remoteness/foreseeability, reflected in Section 73 of the Indian Contract Act.

Correct answer: D

On breach of contract the aggrieved party may pursue rescission, damages, and specific performance (along with injunction/quantum meruit); hence all of these remedies are available.

Correct answer: A

The maxim 'ubi jus ibi remedium' means 'where there is a right, there is a remedy.'

Correct answer: A

An alien enemy cannot sue in tort during war without the Crown's/Government's permission; this is a recognised personal disability/exception to the right to sue.

Correct answer: A

Negligence as a tort consists of a breach of the legal duty of care owed by the defendant to the plaintiff, causing damage.

Correct answer: D

The objective theory of negligence (judging conduct against the external 'reasonable man' standard) was propounded by Pollock, whereas Salmond advanced the subjective theory based on the defendant's state of mind.

Correct answer: A

Delivery of goods by one person to another for a specific purpose, to be returned or dealt with as directed, is 'bailment' as defined in Section 148 of the Indian Contract Act, 1872.

Correct answer: D

The law of tort originated and developed in England as part of the English common law.

Correct answer: C

The principal remedy in tort is unliquidated damages, i.e. monetary compensation; deterrence and reformation are objects of criminal law, not tort.

Correct answer: A

Gloucester Grammar School Case (1410) illustrates 'damnum sine injuria' (loss without legal injury): a rival schoolmaster causing loss by lawful competition gave no cause of action.

Correct answer: D

A void contract is one which is not enforceable in a court of law, per Section 2(j) of the Indian Contract Act, 1872.

Correct answer: A

A voidable contract is enforceable at the option of one (the aggrieved) party but not at the option of the other, per Section 2(i) of the Indian Contract Act, 1872.

Correct answer: A

Where both parties are under a mutual mistake as to a matter of fact essential to the agreement, the agreement is void under Section 20 of the Indian Contract Act, 1872.

Correct answer: A

An agreement to sell at a price 'B may be able to pay' is void for uncertainty, the consideration/price being vague and not capable of being made certain, per Section 29 of the Indian Contract Act.

Correct answer: D

Act of State, judicial acts, and statutory authority are recognised general defences in tort; being 'a taxpayer' is not a defence to a tortious action.

Correct answer: C

The case (OCR garble of State of Rajasthan v. Vidhyawati, 1962) established the vicarious liability of the State in tort for the negligent acts of its servants done in the course of non-sovereign functions.

Correct answer: C

Where necessaries are supplied to a minor, the supplier is reimbursed out of the minor's property under Section 68 of the Indian Contract Act, which falls under quasi-contracts (certain relations resembling those created by contract).

Correct answer: A

On valid performance of contractual obligations by the parties, the contract is discharged (discharge by performance).

Correct answer: C

Rylands v. Fletcher (1868) laid down the rule of strict (no-fault) liability for the escape of a dangerous thing brought onto land in a non-natural use; here this is the closest option (strict liability of the landowner).

Correct answer: A

As a general rule an agreement made without consideration is void under Section 25 of the Indian Contract Act, 1872 (subject to its stated exceptions).

Correct answer: C

Where consent to an agreement is caused by coercion, the contract is voidable at the option of the party whose consent was so caused, per Sections 19 and 15 of the Indian Contract Act, 1872.

Correct answer: B

Under s.31 of the Companies Act 1956, an alteration of articles having the effect of converting a public company into a private company required a special resolution and approval of the Central Government (later delegated to the ROC/CLB).

Correct answer: B

Under s.111 of the Companies Act 1956, the power to order rectification of the register of members vested in the Company Law Board.

Correct answer: A

Abrath v. North Eastern Railway Co. (1886) is a leading authority on the tort of malicious prosecution, holding that the plaintiff must prove absence of reasonable and probable cause.

Correct answer: D

Recognised exceptions to the rule in Rylands v. Fletcher include act of God, act of a stranger and the plaintiff's own default; 'poor condition of land' is not a recognised exception.

Correct answer: B

A spoken/oral defamatory statement is slander, whereas defamation in a permanent form (writing, print) is libel.

Correct answer: A

The Sale of Goods Act 1930 applies only to 'goods', which by definition (s.2(7)) means movable property; immovable property is excluded.

Correct answer: D

A partnership firm is not a separate legal entity distinct from its partners; that feature characterises a company, not a partnership.

Correct answer: B

A dormant (sleeping) partner is one who is neither active in the conduct of the business nor known to outsiders as a partner.

Correct answer: C

Under s.9 of the Negotiable Instruments Act 1881, a person who obtains a negotiable instrument for consideration, in good faith and before maturity is a 'holder in due course'.

Correct answer: A

The statement is true: a cheque is a bill of exchange drawn on a banker payable on demand (s.6), so all cheques are bills of exchange but not all bills of exchange are cheques.

Correct answer: C

Municipal Council, Ratlam v. Vardhichand (1980) dealt with the duty and liability of a municipal body to abate public nuisance, i.e. the tortious/statutory liability of a municipal corporation; option (c) is embedded in the (b) text.

Correct answer: B

Kasturilal Ralia Ram Jain v. State of U.P. (1965) concerned the vicarious liability of the State for torts of its servants, holding the State immune where the act fell within sovereign functions.

Correct answer: C

Under s.617 of the Companies Act 1956, a company in which not less than 51% of the paid-up share capital is held by Government is a Government company; option (c) is embedded in the (b) text.

Correct answer: B

The capital stated in the memorandum with which a company is registered is its authorised (nominal/registered) capital.

Correct answer: A

An insolvent is not competent to draw a valid negotiable instrument; companies (through agents) and duly authorised agents can validly draw instruments.

Correct answer: A

Section 138 of the Negotiable Instruments Act 1881 provides the penal liability for dishonour of a cheque for insufficiency of funds.

Correct answer: C

Freedom from encumbrances is an implied warranty (part of the warranty of quiet possession, s.14), not an implied condition; conditions as to title, description and sample are implied conditions.

Correct answer: A

Under ss.50-52 of the Sale of Goods Act 1930, the unpaid seller's right of stoppage in transit arises only when the buyer becomes insolvent.

Correct answer: B

Registration of a partnership firm under the Indian Partnership Act 1932 is optional, not compulsory (though unregistered firms suffer disabilities under s.69).

Correct answer: D

Under s.13 of the Partnership Act 1932, a partner is not entitled to remuneration for taking part in the business unless otherwise agreed; the others are statutory rights of a partner.

Correct answer: D

Shares of a public company are freely transferable; non-transferability of shares is a feature of a private company, not a public company.

Correct answer: A

Caveat emptor means 'let the buyer beware'—the buyer must satisfy himself of the quality and fitness of the goods (s.16, Sale of Goods Act 1930).

Correct answer: A

Under ss.47-49 of the Sale of Goods Act 1930, the unpaid seller's lien is available only for the price of the goods, not for storage or other charges.

Correct answer: A

Section 13 of the Negotiable Instruments Act 1881 specifically mentions three instruments: promissory note, bill of exchange and cheque.

Correct answer: D

Under s.44 of the Partnership Act 1932, insanity of a partner, misconduct, and the business being carried on only at a loss are all grounds on which a partner may seek dissolution by the court.

Correct answer: D

The Government of India Act, 1935 established the Federal Court of India (1937) to interpret the Act and adjudicate disputes between the federation and provinces.

Correct answer: C

The Mountbatten Plan (3 June 1947) was given legislative effect by the Indian Independence Act, 1947, which partitioned British India and created the Dominions of India and Pakistan.

Correct answer: C

The maxim 'delegatus non potest delegare' means a delegate cannot further delegate his powers; a power conferred on one authority cannot be sub-delegated unless authorised.

Correct answer: A

Separation of powers is not strictly observed in England because, under the parliamentary system, the executive (Cabinet) is drawn from and remains responsible to the Legislature.

Correct answer: B

Unni Krishnan v. State of Andhra Pradesh (1993) held that the right to education up to age 14 is a fundamental right flowing from Article 21.

Correct answer: A

Under Article 124(3)(c), a distinguished jurist may, in the opinion of the President, be appointed a Judge of the Supreme Court.

Correct answer: D

State of Bihar v. Kameshwar Singh (1952) is the leading case applying the doctrine of colourable legislation to the Bihar Land Reforms Act.

Correct answer: D

Entry 97 of the Union List is the residuary entry ('any other matter not enumerated'), embodying Parliament's residuary/reserved power read with Article 248.

Correct answer: A

Article 312 empowers the Rajya Sabha to create new All-India Services common to the Union and the States.

Correct answer: B

Under the Government of India Act, 1935, British India was divided into 11 Governors' provinces and several Chief Commissioners' provinces.

Correct answer: B

The Parliament Acts of 1911 and 1949 curtailed the powers of the House of Lords, leaving it largely powerless over money bills and able only to delay other legislation.

Correct answer: A

Parliament's power to punish for breach of its privileges or contempt is regarded as a judicial power, exercised akin to a court of record.

Correct answer: D

Article 301 guarantees freedom of trade, commerce and intercourse throughout the territory of India, including inter-State trade.

Correct answer: D

Article 304(b) permits a State Legislature to impose reasonable restrictions on inter-State trade and commerce, but a Bill for that purpose requires the previous sanction of the President.

Correct answer: C

The writ of quo warranto questions the authority of a person illegally holding/usurping a public office of a substantive character.

Correct answer: D

Equality, secularism and judicial review are all recognised facets of the basic structure; 'right to speedy trial' is a facet of Article 21 rights and is not, as such, listed as a basic-structure feature.

Correct answer: A

Dicey's rule of law in England means the absence of arbitrary power and the supremacy of regular law over discretionary authority.

Correct answer: D

The doctrine of rule of law in the British constitution was expounded by Prof. A.V. Dicey in 'Introduction to the Study of the Law of the Constitution'.

Correct answer: D

Provisions affecting the federal structure are amended under the proviso to Article 368(2): a majority of total membership plus two-thirds of members present and voting, and ratification by not less than half of the State Legislatures.

Correct answer: A

Article 300 deals with suits and proceedings by or against the Union/States, the basis of the State's contractual and tortious (vicarious) liability.

Correct answer: C

Article 329 bars court interference in electoral matters, including the validity of laws relating to delimitation of and allotment of seats to constituencies under Article 327/328.

Correct answer: C

Customs, usages and traditions of the British constitution are known as the conventions of the constitution.

Correct answer: D

The two Houses of the British Parliament are the House of Commons and the House of Lords.

Correct answer: D

Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan (1962) concerns freedom of trade, commerce and intercourse under Articles 301-304 and the compensatory tax doctrine.

Correct answer: A

The Concurrent List (Seventh Schedule, List III) presently contains 52 entries.