Chhattisgarh Judiciary Mock Test 1 — Questions & Solutions
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Under Article 233 of the Constitution, appointments, posting and promotion of district judges in a State are made by the Governor of the State in consultation with the,
aChief Justice of India
bHigh Court exercising jurisdiction in relation to that State
cState Public Service Commission
dCouncil of Ministers of the State
Answer: B
Article 233(1) vests the appointment, posting and promotion of district judges in the Governor, who acts in consultation with the High Court exercising jurisdiction in relation to that State.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than,
aSeven years
bFive years
cTen years
dThree years
Answer: A
Under Article 233(2), a person not already in service may be appointed a district judge only if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons holding any post inferior to that of district judge, is vested by Article 235 in the,
aState Public Service Commission
bGovernor of the State
cHigh Court
dState Government
Answer: C
Article 235 vests in the High Court the control over district courts and subordinate courts, including posting, promotion and grant of leave to members of the judicial service below the rank of district judge.
The recruitment of persons other than district judges to the judicial service of a State is governed by which Article of the Constitution?
aArticle 234
bArticle 236
cArticle 235
dArticle 233
Answer: A
Article 234 provides that appointments of persons other than district judges to the judicial service of a State are made by the Governor in accordance with rules framed after consultation with the State Public Service Commission and the High Court.
The High Court of Chhattisgarh, with its seat at Bilaspur, came into existence under which enactment?
aChhattisgarh High Court Act, 2000
bConstitution (Eighty-fourth Amendment) Act, 2001
cMadhya Pradesh Reorganisation Act, 2000
dStates Reorganisation Act, 1956
Answer: C
The Chhattisgarh High Court was constituted on 1 November 2000 by the Madhya Pradesh Reorganisation Act, 2000, which bifurcated Madhya Pradesh and created the State of Chhattisgarh.
cThere shall be a common High Court for two or more States
dThere shall be subordinate courts in each district
Answer: B
Article 214 declares that there shall be a High Court for each State; a common High Court for two or more States is dealt with separately under Article 231.
The power of the High Court to issue writs for the enforcement of fundamental rights and for any other purpose is conferred by,
aArticle 139
bArticle 226
cArticle 32
dArticle 227
Answer: B
Article 226 empowers every High Court to issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose.
The power of superintendence of a High Court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is contained in,
aArticle 227
bArticle 226
cArticle 228
dArticle 235
Answer: A
Article 227 vests in every High Court a power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (excepting armed forces courts).
The right to constitutional remedies, described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution, is guaranteed under,
aArticle 32
bArticle 19
cArticle 21
dArticle 14
Answer: A
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights; Dr. Ambedkar called it the heart and soul of the Constitution. The right under Article 32 is itself a fundamental right.
The maximum period for which a person may be detained without the authority of a Magistrate under Article 22(2), excluding the time of journey, is,
aTwenty-four hours
bSeventy-two hours
cFifteen days
dForty-eight hours
Answer: A
Article 22(2) requires that every person arrested and detained be produced before the nearest Magistrate within twenty-four hours, excluding the time necessary for the journey from the place of arrest.
Under the Code of Civil Procedure, 1908, the bar against trying suits of which cognisance is barred, and the conferment of jurisdiction on civil courts to try all suits of a civil nature except those expressly or impliedly barred, is contained in
aSection 16
bSection 11
cSection 9
dSection 15
Answer: C
Section 9 CPC provides that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred.
The doctrine of res judicata, which bars a court from trying any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, is codified in the C.P.C. under
aSection 11
bSection 13
cSection 10
dSection 12
Answer: A
Section 11 CPC embodies the principle of res judicata; Section 10 deals with stay of suit (res sub judice).
Stay of suit (res sub judice), preventing courts from proceeding with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is provided under
aSection 14
bSection 10
cSection 9
dSection 11
Answer: B
Section 10 CPC contains the rule of res sub judice, requiring stay of the subsequently instituted suit.
No second appeal shall lie except on the ground that the case involves a substantial question of law. This essential condition for a second appeal is provided under
aSection 115
bSection 100
cSection 104
dSection 96
Answer: B
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law.
The general provision conferring a right of appeal from every decree passed by a court exercising original jurisdiction (appeal from original decree) is contained in
aSection 96
bSection 100
cSection 109
dSection 114
Answer: A
Section 96 CPC provides for a first appeal from an original decree to the court authorised to hear appeals.
The revisional jurisdiction of the High Court, exercisable over a subordinate court which appears to have exercised a jurisdiction not vested in it or failed to exercise a jurisdiction so vested, is provided under
aSection 113
bSection 100
cSection 115
dSection 114
Answer: C
Section 115 CPC confers revisional powers on the High Court over subordinate courts in matters of jurisdiction; Section 114 deals with review.
Under the C.P.C., no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in his official capacity until the expiration of the period of notice prescribed by
aSection 80
bSection 82
cSection 91
dSection 79
Answer: A
Section 80 CPC requires two months' prior written notice before instituting a suit against the Government or a public officer for acts done in official capacity.
Where a court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation, the provision empowering the court to settle a statement of the case and refer it for the opinion of the High Court is
aSection 114 read with Order XLVII
bSection 113 read with Order XLVI
cSection 151
dSection 115
Answer: B
Section 113 CPC (with Order XLVI) provides for reference to the High Court, including the proviso relating to the validity of an Act, Ordinance or Regulation.
The power of the court to grant restitution, placing the parties in the position they would have occupied but for a decree which has since been varied or reversed, is conferred by
aSection 151
bSection 148
cSection 144
dSection 141
Answer: C
Section 144 CPC deals with the application for restitution where a decree is varied or reversed in appeal, revision or otherwise.
The settlement of disputes outside the court, empowering the court where it appears that there exist elements of a settlement to refer the matter to arbitration, conciliation, judicial settlement or mediation, is provided under the C.P.C. in
aSection 80
bSection 96
cSection 89
dSection 88
Answer: C
Section 89 CPC provides for reference of disputes to ADR mechanisms including arbitration, conciliation, judicial settlement and mediation.
Where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth or language (mob lynching), each member is punishable under which provision of the BNS, 2023?
aSection 117(4)
bSection 103(2)
cSection 103(1)
dSection 111(2)
Answer: B
Section 103(2) of the BNS, 2023 specifically punishes 'mob lynching' with death, imprisonment for life, or imprisonment of not less than seven years and fine.
Causing death by a rash or negligent act not amounting to culpable homicide is dealt with under which section of the BNS, 2023?
aSection 110
bSection 105
cSection 106
dSection 109
Answer: C
Section 106 of the BNS, 2023 covers causing death by negligence (formerly Section 304A IPC), with a special two-year cap for registered medical practitioners and an enhanced ten-year term for hit-and-run cases where the driver escapes without reporting.
A new form of punishment introduced for the first time in the Bharatiya Nyaya Sanhita, 2023, and listed among the kinds of punishment under Section 4, is:
aCommunity service
bExternment
cSolitary confinement
dForfeiture of property
Answer: A
Section 4 of the BNS, 2023 lists community service as a punishment, alongside death, imprisonment for life, imprisonment, forfeiture of property and fine. Forfeiture of property already existed under the IPC.
Under the BNS, 2023, where the value of stolen property is less than five thousand rupees and the offender is a first-time convict, on return or restoration of the property the offender may be punished with:
aRigorous imprisonment of one year
bSimple imprisonment of six months
cFine only of twice the value
dCommunity service
Answer: D
The proviso to Section 303(2) of the BNS, 2023 provides that a first-time petty theft offender (property below Rs. 5,000), on restoration of the property, may be punished with community service.
The offence of 'snatching', introduced as a distinct offence for the first time, is defined and punished under which section of the BNS, 2023?
aSection 303
bSection 304
cSection 309
dSection 305
Answer: B
Section 304 of the BNS, 2023 defines snatching, occurring where the offender suddenly, quickly or forcibly seizes or grabs movable property, punishable under Section 304(2) with imprisonment up to three years and fine.
The colonial offence of sedition has been replaced in the BNS, 2023 by the offence of 'acts endangering sovereignty, unity and integrity of India', which is contained in:
aSection 147
bSection 124A
cSection 150
dSection 152
Answer: D
Section 152 of the BNS, 2023 penalises exciting secession, armed rebellion, subversive activities or separatist feelings; it omits the word 'sedition' and replaces the former Section 124A IPC.
Sexual intercourse by a man with a woman by deceitful means or by a promise to marry without any intention of fulfilling it, where it does not amount to rape, is an offence under which section of the BNS, 2023?
aSection 70
bSection 63
cSection 69
dSection 64
Answer: C
Section 69 of the BNS, 2023 newly criminalises sexual intercourse obtained by deceitful means (including a false promise of marriage), punishable with imprisonment up to ten years and fine.
'Organised crime', defined for the first time in the Bharatiya Nyaya Sanhita, 2023, is dealt with under:
aSection 111
bSection 112
cSection 113
dSection 117
Answer: A
Section 111 of the BNS, 2023 introduces organised crime as a distinct offence, while Section 112 deals with petty organised crime and Section 113 with terrorist acts.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, no arrest shall be made except with the prior permission of an officer not below the rank of:
aInspector of Police
bSub-Divisional Magistrate
cSuperintendent of Police
dDeputy Superintendent of Police
Answer: D
The proviso to Section 35(7) BNSS bars arrest in such cases without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
As per the definition clause of the Bharatiya Nagarik Suraksha Sanhita, 2023, a 'warrant-case' means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term:
aexceeding six months
bexceeding two years
cexceeding three years
dexceeding one year
Answer: B
Section 2 BNSS defines a warrant-case as one relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Which of the following is NOT a ground on which a police officer may arrest a person without a warrant under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aA person proclaimed as an offender under the Sanhita or by order of the State Government
bA person reasonably suspected of being a deserter from the Armed Forces of the Union
cA person against whom a credible complaint of a non-cognizable offence punishable up to one year is received
dA person who commits a cognizable offence in the presence of the officer
Answer: C
Section 35 BNSS empowers arrest without warrant only for cognizable offences and the enumerated categories; a non-cognizable offence requires a warrant or Magistrate's order.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may now be given:
aonly at the police station within whose jurisdiction the offence was committed
bonly in writing duly signed before the Superintendent of Police
conly after obtaining prior permission of the Magistrate
dirrespective of the area where the offence is committed (Zero FIR), by electronic communication as well
Answer: D
Section 173 BNSS statutorily codifies the Zero FIR and permits information to be given irrespective of the place where the offence is committed, including by electronic means.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene and collect forensic evidence in offences punishable with imprisonment:
afor a term of seven years or more
bfor a term of five years or more
cfor a term of three years or more
din all cognizable offences without exception
Answer: A
Section 176(3) BNSS makes forensic investigation at the crime scene mandatory for offences punishable with imprisonment for seven years or more.
A confession or statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be recorded by:
aan Executive Magistrate of the district
ba Metropolitan Magistrate or Judicial Magistrate
cany police officer not below the rank of Inspector
dthe Superintendent of Police in charge of the investigation
Answer: B
Section 183 BNSS empowers only a Metropolitan or Judicial Magistrate to record confessions and statements during investigation, a safeguard against coerced confessions.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention beyond which the accused becomes entitled to default bail, where the investigation relates to an offence punishable with imprisonment of not less than ten years, is:
aone hundred and twenty days
bsixty days
cone hundred and eighty days
dninety days
Answer: D
Section 187(3) BNSS fixes ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences.
A new feature of Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as compared with Section 167 of the old Code, is that for an offence punishable up to ten years, police custody (up to fifteen days) must be sought within the first:
asixty days of detention
bforty days of detention
cfifteen days of detention
dthirty days of detention
Answer: B
Under Section 187 BNSS, for offences punishable up to ten years, the fifteen days of police custody must be availed within the first forty days of the detention period.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or the victim of the progress of the investigation by any means, including electronic communication, within a period of:
aone hundred and twenty days
bsixty days
cninety days
dthirty days
Answer: C
Section 193 BNSS obligates the police officer to inform the informant or victim of the progress of the investigation within ninety days, including by electronic means.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure, including the preparation of the list of seized items, shall be:
acarried out only in the presence of a Judicial Magistrate
brecorded in writing without any electronic recording
crecorded through audio-video electronic means, preferably a mobile phone
dvideographed only where the offence is punishable with death
Answer: C
Section 105 BNSS mandates recording of search and seizure through audio-video electronic means, preferably a mobile phone, and forwarding it to the Magistrate without delay.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section bars a confession made to a police officer from being proved against an accused person?
aSection 24
bSection 22
cSection 26
dSection 23
Answer: D
Section 23(1) of the BSA, 2023 provides that no confession made to a police officer shall be proved as against a person accused of any offence (corresponding to the old Section 25 of the Indian Evidence Act).
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved. This proviso preserves the doctrine of:
aDiscovery of fact (formerly Section 27 of the Evidence Act)
bJudicial notice
cRes gestae
dEstoppel
Answer: A
The proviso to Section 23(2) of the BSA, 2023 retains the principle of the erstwhile Section 27 of the Indian Evidence Act, allowing proof of so much of the information as distinctly relates to the fact discovered.
A dying declaration, as a statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death, is made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 39(a)
bSection 32(1)
cSection 27(a)
dSection 26(a)
Answer: D
Section 26(a) of the BSA, 2023 makes relevant a statement by a person as to the cause of his death or the circumstances of the transaction which resulted in his death (the old Section 32(1) of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of experts upon a point of foreign law, science, art, handwriting or finger impressions is dealt with under:
aSection 41
bSection 47
cSection 39
dSection 45
Answer: C
Section 39 of the BSA, 2023 deals with the opinions of experts (corresponding to the old Section 45 of the Indian Evidence Act).
Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, the certificate accompanying an electronic record produced as evidence is required to be signed by:
aA person in charge of the device or relevant activities and an expert
bOnly an examiner of electronic evidence
cOnly the person in charge of the computer or communication device
dA Magistrate and the investigating officer
Answer: A
Section 63(4) of the BSA, 2023 requires the certificate to be signed both by a person in charge of the computer or communication device (or management of the relevant activities) and by an expert, unlike the single-signatory regime of the old Section 65B.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption that the signature and other parts of a document purporting to be thirty years old, produced from proper custody, are genuine is contained in:
aSection 90
bSection 93
cSection 79
dSection 92
Answer: D
Section 92 of the BSA, 2023 deals with the presumption as to documents thirty years old produced from proper custody (the old Section 90 of the Indian Evidence Act).
The Bharatiya Sakshya Adhiniyam, 2023 introduces a presumption as to electronic records that are how many years old, produced from proper custody?
aSeven years
bFive years
cThirty years
dTwelve years
Answer: B
Section 93 of the BSA, 2023 provides a presumption as to electronic records five years old produced from proper custody, a provision without a direct counterpart in the original Indian Evidence Act of 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in:
aSection 134
bSection 139
cSection 137
dSection 123
Answer: B
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required for proof of any fact (the old Section 134 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side is contained in:
aSection 106
bSection 109
cSection 104
dSection 101
Answer: C
Section 104 of the BSA, 2023 lays down the general rule of burden of proof (corresponding to the old Section 101 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. This provision is found in:
aSection 109
bSection 106
cSection 110
dSection 105
Answer: A
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon that person (the old Section 106 of the Indian Evidence Act).
Under Section 6 of the Transfer of Property Act, 1882, which one of the following is NOT among the things expressly declared to be non-transferable?
aA mere right to sue
bThe standing timber, growing crops or grass attached to land, when sold along with the land itself
cA right to future maintenance
dAn easement apart from the dominant heritage
Answer: B
Section 6 expressly bars transfer of a mere right to sue [cl. (e)], a right to future maintenance [cl. (dd)] and an easement apart from the dominant heritage [cl. (c)]; standing timber, crops and grass are not within the bar and pass with the land on a transfer.
Section 14 of the Transfer of Property Act, 1882 embodies the:
aRule of lis pendens
bDoctrine of part performance
cRule against perpetuity
dDoctrine of election
Answer: C
Section 14 enacts the rule against perpetuity, restricting the period for which the vesting of property may be postponed to the lifetime of living persons plus the minority of an unborn beneficiary.
Under Section 25 of the Transfer of Property Act, 1882, an interest created on a transfer of property and dependent upon a condition fails if the condition:
aIs impossible, or is forbidden by law, or is opposed to public policy
bIs merely inconvenient to perform
cIs to be performed after the death of the transferor
dRequires the transferee to obtain a permission
Answer: A
Section 25 provides that a conditional transfer fails where the condition is impossible, forbidden by law, fraudulent, involves injury to person or property of another, or is immoral or opposed to public policy.
Section 35 of the Transfer of Property Act, 1882 deals with the doctrine of:
aElection
bContribution
cMarshalling
dSubrogation
Answer: A
Section 35 codifies the doctrine of election: a person who takes a benefit under an instrument must also bear its burden, and cannot accept one part while rejecting the other.
The principle that a transfer by an ostensible owner, made with the express or implied consent of the real owner for consideration, is not voidable on the ground that the transferor was not authorised, is contained in:
aSection 41 of the Transfer of Property Act
bSection 43 of the Transfer of Property Act
cSection 52 of the Transfer of Property Act
dSection 53A of the Transfer of Property Act
Answer: A
Section 41 protects a transferee for value who acts in good faith after taking reasonable care, where the transfer is made by an ostensible owner with the consent of the real owner.
A, fraudulently representing that he is authorised to transfer certain immovable property, professes to transfer it to B for consideration. A subsequently acquires an interest in that very property. Under Section 43 of the Transfer of Property Act, 1882, B may:
aOnly claim damages for fraud and nothing more
bCompel A to acquire fresh property of equal value
cDo nothing, as the original transfer is wholly void
dAt his option require the transfer to operate on the interest later acquired by A, provided the contract of transfer still subsists
Answer: D
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to have the transfer operate on the interest the transferor afterwards acquires, so long as the contract subsists and a bona fide subsequent transferee without notice is not prejudiced.
The doctrine of lis pendens, under which property cannot be transferred during the pendency of a suit so as to affect the rights of any party under the decree, is contained in:
aSection 53 of the Transfer of Property Act
bSection 55 of the Transfer of Property Act
cSection 53A of the Transfer of Property Act
dSection 52 of the Transfer of Property Act
Answer: D
Section 52 enacts the rule of lis pendens: during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any party under any decree made therein.
The doctrine of part performance under the Transfer of Property Act, 1882 is contained in:
aSection 53
bSection 53A
cSection 51
dSection 48
Answer: B
Section 53A enacts the equitable doctrine of part performance, protecting a transferee in possession under a written contract who has performed or is willing to perform his part, even though the transfer is not completed in the manner required by law.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer:
awhen the acceptor signifies his assent
bwhen it comes to the knowledge of the proposer
cwhen it is put in a course of transmission to him so as to be out of the power of the acceptor
dwhen the proposal first comes to the knowledge of the acceptor
Answer: C
Section 4 provides that 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; it is complete as against the acceptor only when it comes to the knowledge of the proposer.
Which one of the following is NOT an exception to the rule that an agreement made without consideration is void under Section 25 of the Indian Contract Act, 1872?
aA written and signed promise to pay a time-barred debt
bA written and registered promise made on account of natural love and affection between parties standing in near relation
cAn oral promise to make a gift of a sum of money to a stranger
dA promise to compensate a person who has voluntarily done something for the promisor
Answer: C
Section 25 makes an agreement without consideration void except in three cases: natural love and affection (written and registered), compensation for past voluntary services, and a written signed promise to pay a time-barred debt. A bare oral promise to gift money to a stranger fits none of these exceptions.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful in which of the following situations?
aOnly where it involves injury to the person or property of another
bWhere it is forbidden by law, or is fraudulent, or involves injury to person or property of another, or is immoral or opposed to public policy
cOnly where it is forbidden by law
dOnly where it is immoral or opposed to public policy
Answer: B
Section 23 lists several grounds on which consideration or object is unlawful, including that it is forbidden by law, of such nature as would defeat any law, fraudulent, involves injury to person or property, or is immoral or opposed to public policy.
Section 56 of the Indian Contract Act, 1872 deals with:
aAgreement to do an impossible act and contracts to do acts which afterwards become impossible or unlawful
bAgreement in restraint of legal proceedings
cAgreement by way of wager
dAgreement in restraint of trade
Answer: A
Section 56 provides that an agreement to do an act impossible in itself is void, and a contract to do an act which after the contract is made becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.
Under Section 73 of the Indian Contract Act, 1872, compensation for loss or damage caused by breach of contract:
ais limited to a sum named in the contract in every case
bis to be given even for remote and indirect loss sustained by reason of the breach
ccan never exceed the amount of consideration paid under the contract
dis not to be given for any remote and indirect loss or damage sustained by reason of the breach
Answer: D
Section 73 allows compensation for loss naturally arising in the usual course of things or which the parties knew was likely to result; it expressly states that such compensation is not to be given for any remote and indirect loss or damage.
Section 11 of the Indian Contract Act, 1872 declares competent to contract every person who:
ais of the age of majority, of sound mind, and is not disqualified from contracting by any law to which he is subject
bhas attained the age of twenty-one years
cis of sound mind, even if a minor
dis merely of the age of majority, irrespective of soundness of mind
Answer: A
Section 11 lays down three cumulative requirements for competence to contract: the person must be of the age of majority, of sound mind, and not disqualified from contracting by any law to which he is subject.
Where a person incapable of contracting, such as a minor, is supplied with necessaries suited to his condition in life, Section 68 of the Indian Contract Act, 1872 provides that the supplier is entitled:
ato nothing, as the contract is void
bto be reimbursed from the property of such incapable person
cto recover double the value as penalty
dto recover the price personally from the minor
Answer: B
Section 68 creates a quasi-contractual liability: where necessaries suited to the condition in life of an incapable person are supplied, the supplier is entitled to be reimbursed from the property of such incapable person, not by a personal action against the minor.
Under Section 3 of the Limitation Act, 1963, every suit instituted, appeal preferred and application made after the prescribed period shall be:
aStayed until the defect is cured
bDismissed, although limitation has not been set up as a defence
cAdmitted only with leave of the High Court
dReturned for presentation to the proper court
Answer: B
Section 3 mandates dismissal of a time-barred suit, appeal or application even though limitation has not been pleaded as a defence; the bar operates on the court suo motu.
Where the period of limitation prescribed for a suit expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the suit may be instituted:
aOnly after obtaining condonation of delay under Section 5
bOn the last working day preceding the closure
cWithin thirty days of the reopening
dOn the day when the court reopens
Answer: D
Section 4 permits institution of the suit, appeal or application on the day the court reopens when the prescribed period expires on a day the court is closed.
Under Section 6 of the Limitation Act, 1963, a person under legal disability entitled to extended time for instituting a suit does NOT include a person who is:
aA minor
bAn idiot
cInsane
dAn insolvent
Answer: D
Section 6 recognises minority, insanity and idiocy as legal disabilities; insolvency is not a disability under Section 6.
Under Section 6 of the Specific Relief Act, 1963, a person dispossessed of immovable property otherwise than in due course of law must institute a suit to recover possession within:
aThree months from the date of dispossession
bTwelve years from the date of dispossession
cOne year from the date of dispossession
dSix months from the date of dispossession
Answer: D
Section 6(2)(a) bars a suit under this section after the expiry of six months from the date of dispossession.
With respect to a suit instituted under Section 6 of the Specific Relief Act, 1963, which of the following statements is correct?
aAn appeal lies but no review is permitted
bA review is permitted but no appeal lies
cNo appeal and no review of any order or decree passed in such suit is allowed
dBoth appeal and review lie as of right
Answer: C
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under this section, nor shall any review be allowed.
Under Section 7 of the Specific Relief Act, 1963, a person entitled to the possession of specific movable property may recover the same in the manner provided by:
aThe Transfer of Property Act, 1882
bThe Indian Evidence Act / Bharatiya Sakshya Adhiniyam
cThe Code of Civil Procedure, 1908
dThe Limitation Act, 1963
Answer: C
Section 7 allows recovery of specific movable property in the manner provided by the Code of Civil Procedure, 1908.
Section 8 of the Specific Relief Act, 1963 (liability of a person in possession, not as owner, to deliver specific movable property) does NOT apply where:
aThe thing claimed is held by the defendant as agent or trustee of the plaintiff
bIt is extremely difficult to ascertain the actual damage caused by its loss
cCompensation in money would afford the plaintiff adequate relief
dPossession of the thing claimed has been wrongfully transferred from the plaintiff
Answer: C
Section 8 applies precisely where money compensation would NOT afford adequate relief; clause (b) of the section requires inadequacy of money compensation, so adequacy of money relief takes the case outside Section 8.
Under the Negotiable Instruments Act, 1881, where the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount which is to be treated as the sum payable is the one stated in:
aWhichever is lower
bWhichever is higher
cWords
dFigures
Answer: C
Section 18 of the Act provides that if the amount is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.
A bill of exchange not expressed to be payable on demand, at sight or on presentment is at maturity, under the Negotiable Instruments Act, 1881, on the:
aFirst day after the day on which it is expressed to be payable
bDay on which it is expressed to be payable
cFifth day after the day on which it is expressed to be payable
dThird day after the day on which it is expressed to be payable
Answer: D
Section 22 of the Act adds three days of grace, so such an instrument matures on the third day after the day on which it is expressed to be payable.
Under Section 25 of the Negotiable Instruments Act, 1881, when the day on which a bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the:
aPublic holiday itself
bNext preceding business day
cNext following business day
dLast day of that calendar month
Answer: B
Section 25 provides that where the day of maturity is a public holiday, the instrument is deemed due on the next preceding business day.
Under the Negotiable Instruments Act, 1881, the expression "cheque" includes:
aA bill of exchange payable otherwise than on demand
bOnly a paper cheque drawn on a specified banker
cThe electronic image of a truncated cheque and a cheque in the electronic form
dA demand draft issued by a banker
Answer: C
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and payable only on demand, and expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
Any material alteration of a negotiable instrument, made without the consent of a party who is liable at the time of such alteration, renders the instrument:
aVoidable at the option of the holder
bValid but only for the original amount
cMerely irregular but still enforceable against all parties
dVoid as against anyone who is a party thereto at the time of making the alteration and does not consent
Answer: D
Section 87 provides that any material alteration renders the instrument void as against anyone who was a party at the time of the alteration and does not consent, unless made to carry out the common intention of the original parties.
Under Section 17(1) of the Registration Act, 1908, which one of the following instruments is NOT compulsorily registrable?
aAn instrument of gift of immovable property
bA lease of immovable property from year to year
cA will
dA non-testamentary instrument creating a right of the value of one hundred rupees and upwards in immovable property
Answer: C
Section 17(1) makes gifts of immovable property, leases from year to year (or exceeding one year / reserving yearly rent), and non-testamentary instruments creating rights worth Rs.100 and upwards compulsorily registrable. A will is expressly excluded and falls under the optional category in Section 18(e).
As per Section 17(1)(d) of the Registration Act, 1908, a lease of immovable property is compulsorily registrable when it is
afor any term, irrespective of duration
bfrom year to year, or for any term exceeding one year, or reserving a yearly rent
cfor a term not exceeding one year only
dfor a term not exceeding eleven months
Answer: B
Section 17(1)(d) requires registration of leases of immovable property from year to year, for any term exceeding one year, or reserving a yearly rent. A lease for a term not exceeding one year is merely optionally registrable under Section 18(c).
Under Section 23 of the Registration Act, 1908, no document (other than a will) shall be accepted for registration unless presented to the proper officer within
aforty-five days from the date of its execution
bsix months from the date of its execution
cthree months from the date of its execution
dfour months from the date of its execution
Answer: D
Section 23 prescribes a period of four months from the date of execution for presenting a document for registration, subject to Sections 24, 25 and 26. A will may be presented at any time under Section 27.
Under Section 25 of the Registration Act, 1908, where, owing to urgent necessity or unavoidable accident, a document is not presented within the prescribed time, the Registrar may accept it where the delay does not exceed four months, on payment of a fine not exceeding
aten times the amount of the proper registration fee
bthe amount of the proper registration fee
cfive times the amount of the proper registration fee
dtwice the amount of the proper registration fee
Answer: A
Section 25 empowers the Registrar to condone a delay in presentation not exceeding four months, on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under Section 6 of the Chhattisgarh Excise Act, 1915, the saving clause provides that nothing in the Act shall affect the provisions of certain enactments. Which of the following is NOT among the enactments so saved?
aThe Cantonment Act, 1910
bThe Sea Customs Act, 1878
cThe Narcotic Drugs and Psychotropic Substances Act, 1985
dThe Indian Tariff Act, 1894
Answer: C
Section 6 saves only the Sea Customs Act 1878, the Indian Tariff Act 1894 (except its Section 6) and the Cantonment Act 1910; the NDPS Act 1985 is not mentioned in the saving clause.
Under Section 23 of the Chhattisgarh Excise Act, 1915, a licensed seller of intoxicants is prohibited from selling or delivering any liquor or intoxicating drug to any person who is apparently under the age of:
aTwenty-five years
bTwenty years
cEighteen years
dTwenty-one years
Answer: D
Section 23 bars sale or delivery of liquor or intoxicating drug to any person apparently under the age of twenty-one years.
Section 14 of the Act repeals the Chhattisgarh Accommodation Control Act, 1961, while saving actions taken and pending proceedings under the repealed law.
Under the Chhattisgarh Rent Control Act, 2011, a tenant who fails to pay the full rent on three or more occasions within a period of twelve months is termed a:
aRecurring defaulter
bWilful defaulter
cChronic tenant
dHabitual defaulter
Answer: D
Section 2 of the Act defines a 'habitual defaulter' as a tenant who fails to pay full rent on three or more occasions within twelve months.
Under Section 9(2) of the Chhattisgarh Rent Control Act, 2011, all proceedings before the Rent Controller shall ordinarily be concluded within how long from the first appearance of the respondent in response to the summons?
aSix months
bNine months
cThree months
dOne year
Answer: A
Section 9(2) directs that proceedings before the Rent Controller ordinarily conclude within six months from the date of the respondent's first appearance (or the date of an ex parte order).
In a suit for a declaratory decree where consequential relief is prayed and the subject-matter has no market-value, the amount of fee under the Court-Fees Act, 1870 is computed according to,
aA fixed fee of one hundred rupees
bThe amount at which the plaintiff values the relief sought in the plaint
cTen times the annual land revenue
dThe market value as assessed by the Collector
Answer: B
Under section 7(iv) of the Court-Fees Act, 1870, in such suits the plaintiff states in the plaint the amount at which he values the relief sought, and fee is computed on that valuation.
Section 35 of the Court-Fees Act, 1870 confers power to,
aReduce or remit fees
bLevy process fees
cExempt certain documents
dRefund fee on review of judgment
Answer: A
Section 35 of the Court-Fees Act, 1870 empowers the appropriate Government to reduce or remit, in any part of the territories, all or any of the fees mentioned in the Schedules.
Under the Chhattisgarh Land Revenue Code, 1959, the Constitution of the Board of Revenue is provided under,
aSection 11
bSection 5
cSection 3
dSection 7
Answer: C
Section 3 of the Code provides for the constitution of the Board of Revenue, consisting of a President and such other members as the State Government may appoint.
Under the Chhattisgarh Land Revenue Code, 1959, the power to appoint a Collector in each district is vested in the State Government under,
aSection 14
bSection 19
cSection 17
dSection 16
Answer: D
Section 16 empowers the State Government to appoint a Collector for each district to exercise the powers and discharge the duties conferred under the Code.
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