Chhattisgarh Judiciary Mock Test 2 — Questions & Solutions
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The provision that the directive principles of State policy shall not be enforceable by any court, but are nevertheless fundamental in the governance of the country, is contained in,
aArticle 37
bArticle 36
cArticle 51A
dArticle 39A
Answer: A
Article 37 declares that the directive principles in Part IV are not enforceable by any court but are fundamental in the governance of the country, and it is the duty of the State to apply them in making laws.
In which case did the Supreme Court, by majority, propound the doctrine of the 'basic structure' of the Constitution?
aKesavananda Bharati v. State of Kerala
bMinerva Mills v. Union of India
cShankari Prasad v. Union of India
dGolak Nath v. State of Punjab
Answer: A
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by a majority that Parliament's amending power under Article 368 does not extend to altering the basic structure of the Constitution.
The procedure for amendment of the Constitution, including provisions requiring ratification by the Legislatures of not less than one-half of the States for certain amendments, is laid down in,
aArticle 368
bArticle 370
cArticle 356
dArticle 360
Answer: A
Article 368 lays down the power of Parliament to amend the Constitution; its proviso requires ratification by the Legislatures of not less than one-half of the States for amendments affecting specified federal provisions.
Appointments of persons to be district judges in any State, under Article 233(1) of the Constitution of India, shall be made by the:
aState Public Service Commission in consultation with the Governor
bChief Justice of the High Court alone
cPresident in consultation with the Chief Justice of India
dGovernor of the State in consultation with the High Court exercising jurisdiction in relation to such State
Answer: D
Article 233(1) vests the appointment, posting and promotion of district judges in the Governor of the State, who acts in consultation with the High Court exercising jurisdiction in that State.
Under Article 233(2) of the Constitution, a person not already in the service of the Union or of the State is eligible to be appointed a district judge only if he has been for not less than ____ an advocate or a pleader.
athree years
bseven years
cten years
dfive years
Answer: B
Article 233(2) requires that such a person must have been an advocate or pleader for not less than seven years and be recommended by the High Court for appointment.
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, is vested in the High Court by which Article?
aArticle 234
bArticle 235
cArticle 237
dArticle 233
Answer: B
Article 235 vests in the High Court the control over district courts and subordinate courts, covering posting, promotion and grant of leave to judicial officers below the rank of district judge.
Appointment of persons other than district judges to the judicial service of a State, under Article 234, is made by the Governor in accordance with rules made after consultation with:
athe High Court alone
bthe State Public Service Commission alone
cthe State Public Service Commission and the High Court exercising jurisdiction in relation to such State
dthe Chief Justice of India and the Governor
Answer: C
Article 234 requires the Governor to make rules after consultation with both the State Public Service Commission and the High Court exercising jurisdiction in relation to that State before recruiting persons other than district judges to the judicial service.
A Judge of a High Court holds office, under Article 217(1) of the Constitution, until he attains the age of:
a60 years
b62 years
c65 years
d58 years
Answer: B
Under Article 217(1), a High Court Judge holds office until he attains the age of sixty-two years; a Supreme Court Judge, by contrast, holds office until sixty-five years under Article 124(2).
The power of a High Court to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari is conferred by:
aArticle 227
bArticle 139
cArticle 226
dArticle 32
Answer: C
Article 226 empowers a High Court to issue such writs not only for the enforcement of fundamental rights but also 'for any other purpose', making its writ jurisdiction wider than that of the Supreme Court under Article 32.
The phrase 'for any other purpose', which makes the High Court's writ jurisdiction wider than the Supreme Court's, appears in:
aArticle 32 but not in Article 226
bArticle 226 but not in Article 32
cboth Article 32 and Article 226
dneither Article 32 nor Article 226
Answer: B
Article 226 contains the words 'for any other purpose', which are absent from Article 32; consequently a High Court may issue writs to enforce ordinary legal rights as well as fundamental rights.
The provision dealing with the rejection of a plaint, including where it does not disclose a cause of action or where the relief claimed is undervalued and the valuation is not corrected within the time fixed, is contained in
aOrder VIII Rule 1
bOrder VI Rule 17
cOrder IX Rule 13
dOrder VII Rule 11
Answer: D
Order VII Rule 11 CPC enumerates the grounds on which a plaint shall be rejected, including absence of cause of action and uncorrected undervaluation.
The amendment of pleadings, allowing the court at any stage to permit either party to alter or amend his pleadings in such manner as may be just for determining the real questions in controversy, is governed by
aOrder VI Rule 17
bOrder VIII Rule 9
cOrder I Rule 10
dOrder VII Rule 14
Answer: A
Order VI Rule 17 CPC empowers the court to allow amendment of pleadings necessary for determining the real questions in controversy.
The conditions for grant of a temporary injunction, namely where property in dispute is in danger of being wasted, damaged or alienated, or the defendant threatens to dispose of property with intent to defraud creditors, are provided in the C.P.C. under
aOrder XXXVIII Rule 5
bOrder XXXIX Rules 1 and 2
cOrder XL Rule 1
dSection 94 only
Answer: B
Order XXXIX Rules 1 and 2 CPC set out the grounds and procedure for grant of temporary injunctions during the pendency of a suit.
Under Section 9 of the Code of Civil Procedure, the civil courts have jurisdiction to try all suits of a civil nature except those of which their cognizance is:
aOnly impliedly barred by necessary implication
bEither expressly or impliedly barred
cOnly expressly barred by statute
dBarred solely by the High Court Rules
Answer: B
Section 9 declares that courts shall try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res sub judice, which bars the trial of a subsequent suit on a matter directly and substantially in issue in a previously instituted pending suit between the same parties, is contained in:
aSection 10 of the CPC
bSection 9 of the CPC
cSection 12 of the CPC
dSection 11 of the CPC
Answer: A
Section 10 (stay of suit / res sub judice) stays the trial of a subsequently instituted suit where the matter is directly and substantially in issue in a previously instituted pending suit; Section 11 deals with res judicata.
Under Section 96(4) of the CPC, in a suit of the nature cognizable by Courts of Small Cause, no appeal shall lie except on a question of law where the value of the subject-matter of the original suit does not exceed:
aTen thousand rupees
bTwenty thousand rupees
cFive thousand rupees
dThree thousand rupees
Answer: A
Section 96(4) bars appeals (except on a question of law) from small cause nature suits where the subject-matter does not exceed ten thousand rupees.
A second appeal under Section 100 of the CPC lies to the High Court only where the High Court is satisfied that the case involves:
aAn error apparent on the face of the record
bAny question of law or fact
cA substantial question of law
dA miscarriage of justice
Answer: C
Section 100 permits a second appeal to the High Court only where the case involves a substantial question of law, which must be precisely stated and formulated by the Court.
The power of the Supreme Court to transfer a suit, appeal or other proceeding from a High Court or other civil court in one State to a civil court in another State is conferred by:
aSection 24 of the CPC
bSection 25 of the CPC
cSection 22 of the CPC
dSection 23 of the CPC
Answer: B
Section 25 empowers the Supreme Court, where expedient for the ends of justice, to transfer a suit, appeal or proceeding from a court in one State to a court in another State; Section 24 covers transfers by the High Court and District Court.
Section 89 of the CPC, which empowers the court to formulate the terms of a possible settlement and refer the dispute for resolution, does NOT include which of the following modes?
aConciliation
bReference to the National Company Law Tribunal
cJudicial settlement including settlement through Lok Adalat
dArbitration
Answer: B
Section 89 lists four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement (including Lok Adalat), and mediation; reference to the NCLT is not one of them.
Under the BNS, 2023, offences such as vehicle theft, pick-pocketing, shoplifting and snatching, when committed by members of organised criminal groups or gangs, constitute:
aDacoity under Section 310
bTerrorist act under Section 113
cOrganised crime under Section 111
dPetty organised crime under Section 112
Answer: D
Section 112 of the BNS, 2023 defines petty organised crime, covering theft-type offences by organised criminal groups/gangs, punishable with imprisonment of not less than one year up to seven years and fine.
Voluntarily causing grievous hurt by use of acid is a distinct offence under which provision of the BNS, 2023?
aSection 124
bSection 117
cSection 125
dSection 116
Answer: A
Section 124 of the BNS, 2023 punishes voluntarily causing grievous hurt by acid with imprisonment of not less than ten years extending to life and fine; Section 116 merely defines grievous hurt.
A and B agree to cheat depositors in a Raipur chit-fund scheme but no overt act is yet done; the bare agreement itself is punishable as an offence under the BNS, 2023 by virtue of:
aSection 111 (organised crime)
bSection 49 (abetment)
cSection 61 (criminal conspiracy)
dSection 318 (cheating)
Answer: C
Section 61 of the BNS, 2023 defines criminal conspiracy; where the agreement is to commit an offence, the agreement itself is punishable without proof of any further overt act.
Death of a woman caused by burns or bodily injury within seven years of marriage, where she was subjected to cruelty in connection with a demand for dowry, is punishable as 'dowry death' under which section of the BNS, 2023?
aSection 85
bSection 86
cSection 80
dSection 78
Answer: C
Section 80 of the BNS, 2023 deals with dowry death (formerly Section 304B IPC), punishable with imprisonment of not less than seven years which may extend to imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, punishment for murder is provided under which of the following sections?
aSection 101
bSection 109
cSection 105
dSection 103
Answer: D
Section 101 BNS defines when culpable homicide is murder, while Section 103 provides the punishment for murder (death or imprisonment for life, and fine).
'A', while driving rashly, knocks down 'B' who dies on the spot. 'A' speeds away without reporting the incident to the police or a Magistrate. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is liable to be punished under which provision, with imprisonment which may extend to ten years?
aSection 106(2)
bSection 103(2)
cSection 105
dSection 106(1)
Answer: A
Section 106(2) BNS deals with death caused by rash and negligent driving where the offender escapes without reporting to a police officer or Magistrate, punishable with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the newly introduced offence of 'snatching' is defined and made punishable under which section?
aSection 309
bSection 303
cSection 304
dSection 310
Answer: C
Section 304 BNS is a fresh provision treating snatching as a distinct offence where theft is committed by suddenly or quickly or forcibly seizing or grabbing movable property; it is punishable with imprisonment up to three years and fine.
'A' is entrusted with money by 'B' for safe custody and dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, 2023, 'A' has committed criminal breach of trust, the general punishment for which (under Section 316) may now extend to:
aSeven years
bThree years
cFive years
dTen years
Answer: C
Section 316 BNS enhanced the maximum punishment for the general offence of criminal breach of trust from three years (under the old IPC) to five years, along with fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is consolidated and punishable under which section, with imprisonment which may extend to seven years and fine in aggravated cases?
aSection 336
bSection 320
cSection 318
dSection 316
Answer: C
Section 318 BNS consolidates the offence of cheating (formerly IPC Sections 415, 417 and 420); cheating with dishonest inducement to deliver property is punishable with imprisonment up to seven years and fine.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which introduces trial in absentia of a proclaimed offender, provides that the court shall not commence the trial unless a period of ___ has elapsed from the date of framing of the charge:
athirty days
bone hundred and eighty days
csixty days
dninety days
Answer: D
Section 356 BNSS bars commencement of trial in absentia until ninety days have elapsed from the date of framing of charge against the absconding proclaimed offender.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition within thirty days of being informed by the jail Superintendent, and where a petition is to be made both to the Governor and the President, it shall first be made to:
athe Governor of the State
bthe Supreme Court
cthe President of India
dthe High Court
Answer: A
Section 472 BNSS requires the mercy petition to be made first to the Governor, and on its rejection or disposal, to the President within sixty days thereafter.
An order for maintenance of wives, children and parents under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be passed by:
athe District Magistrate
bthe Court of Session only
ca Judicial Magistrate of the first class
dan Executive Magistrate
Answer: C
Section 144 BNSS empowers a Judicial Magistrate of the first class to order a person of sufficient means to maintain his wife, children and parents unable to maintain themselves.
Section 532 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including the issuance, service and execution of summons and warrants and the recording of evidence, may be held:
ain electronic mode by use of electronic communication or audio-video electronic means
bin electronic mode solely for bailable offences
conly in open court in physical presence
donly with the written consent of both parties
Answer: A
Section 532 BNSS permits trials, inquiries and proceedings to be conducted in electronic mode using electronic communication or audio-video electronic means.
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment which may extend up to seven years, the police officer shall, instead of arresting, ordinarily serve on the person:
aa notice directing him to appear before the officer
ba proclamation under Section 84
ca summons issued by the Magistrate
da charge-sheet under Section 193
Answer: A
Section 35(3) BNSS makes notice the rule and arrest the exception for offences punishable up to seven years, requiring service of a notice directing appearance.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision enabling registration of information relating to a cognizable offence irrespective of the area where the offence is committed (the statutory basis of a 'Zero FIR') is contained in:
aSection 175
bSection 190
cSection 154
dSection 173
Answer: D
Section 173(1) BNSS, which replaces Section 154 CrPC, allows information about a cognizable offence to be recorded at any police station irrespective of jurisdiction, giving statutory recognition to the Zero FIR.
Under Section 173(3) of the BNSS, for a cognizable offence punishable for three years or more but less than seven years, a police officer may, with the prior permission of an officer not below which rank, conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists?
aSub-Divisional Magistrate
bDeputy Superintendent of Police
cInspector
dSuperintendent of Police
Answer: B
Section 173(3) BNSS permits, with prior permission of an officer not below the rank of Deputy Superintendent of Police, a preliminary enquiry within fourteen days for offences punishable for three years or more but less than seven years.
The provision in the BNSS, 2023 corresponding to Section 41 of the old Code of Criminal Procedure, dealing with the circumstances in which a police officer may arrest a person without a warrant, is:
aSection 35
bSection 43
cSection 48
dSection 58
Answer: A
Section 35 BNSS corresponds to Section 41 CrPC and lays down when the police may arrest without a warrant; it also subsumes the former Section 41A notice provisions in its sub-sections.
Under Section 35(7) of the BNSS, where the offence is punishable with imprisonment of less than three years and the accused is infirm or above sixty years of age, no arrest shall be made without the prior permission of an officer not below the rank of:
aInspector
bSuperintendent of Police
cDeputy Superintendent of Police
dSub-Inspector
Answer: C
Section 35(7) BNSS introduces a safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
The provision of the BNSS, 2023 dealing with the procedure when investigation cannot be completed within twenty-four hours (the successor to Section 167 CrPC, including the right to default bail) is:
aSection 190
bSection 193
cSection 167
dSection 187
Answer: D
Section 187 BNSS succeeds Section 167 CrPC and governs custody, investigation timelines and the right to default bail on expiry of the statutory period.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is declared to be a competent witness against an accused person under:
aSection 124
bSection 138
cSection 133
dSection 114
Answer: B
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person (the old Section 133 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, communications made to a barrister, attorney or other legal adviser in the course and for the purpose of professional employment are protected from disclosure under:
aSection 134
bSection 128
cSection 132
dSection 126
Answer: C
Section 132 of the BSA, 2023 deals with professional communications with a legal adviser (the old Section 126 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the permission of the Court. This rule is contained in:
aSection 157
bSection 143
cSection 146
dSection 142
Answer: C
Section 146 of the BSA, 2023 governs leading questions (the old Section 142 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision permitting a witness, while under examination, to refresh his memory by referring to any writing made by himself at the time of the transaction is contained in:
aSection 145
bSection 159
cSection 157
dSection 162
Answer: D
Section 162 of the BSA, 2023 allows a witness to refresh his memory from a contemporaneous writing (the old Section 159 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, which provision declares that a confession made to a police officer shall not be proved as against a person accused of any offence?
aSection 22
bSection 24
cSection 23
dSection 25
Answer: C
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer; Section 23(2) bars a confession made in police custody, and its proviso preserves the discovery exception (old Sections 25-27 of the Evidence Act).
In the Bharatiya Sakshya Adhiniyam, 2023, the principle of res gestae, i.e. facts which form part of the same transaction, is codified under—
aSection 5
bSection 3
cSection 6
dSection 4
Answer: D
Section 4 of the BSA, 2023 makes facts so connected with a fact in issue as to form part of the same transaction relevant (corresponding to Section 6 of the old Evidence Act).
'A' is tried for the murder of 'B' by poisoning. The fact that, before the death of 'B', 'A' procured poison similar to that administered to 'B' is relevant. Under the Bharatiya Sakshya Adhiniyam, 2023, this falls under the head of—
aAdmissions (Section 15)
bExistence of state of mind (Section 12)
cFacts forming part of the same transaction (Section 4)
dMotive, preparation and previous or subsequent conduct (Section 6)
Answer: D
Section 6 of the BSA, 2023 makes facts showing motive, preparation and previous or subsequent conduct relevant; procuring poison is an act of preparation.
Under the Bharatiya Sakshya Adhiniyam, 2023, facts showing the existence of any state of mind such as intention, knowledge, good faith or ill-will are made relevant by—
aSection 11
bSection 12
cSection 10
dSection 14
Answer: B
Section 12 of the BSA, 2023 deals with facts showing the existence of a state of mind or of body or bodily feeling (corresponding to Section 14 of the old Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession which appears to the Court to have been caused by inducement, threat, coercion or promise is irrelevant in a criminal proceeding by virtue of—
aSection 22
bSection 21
cSection 20
dSection 24
Answer: A
Section 22 of the BSA, 2023 renders a confession caused by inducement, threat, coercion or promise irrelevant in criminal proceedings (corresponding to Section 24 of the old Evidence Act).
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property can be made only by a registered instrument where the value of the property is:
aOf any value whatsoever
bFive hundred rupees and upwards
cOne thousand rupees and upwards
dOne hundred rupees and upwards
Answer: D
Section 54 requires a registered instrument for sale of tangible immovable property of the value of one hundred rupees and upwards; below that value, transfer may be by registered instrument or by delivery of possession.
In the absence of a written contract or local usage, a lease of immovable property for a purpose other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, deemed to be a lease:
aFrom month to month, terminable by thirty days' notice
bFrom year to year, terminable by fifteen days' notice
cFrom year to year, terminable by six months' notice
dFrom month to month, terminable by fifteen days' notice
Answer: D
Section 106 deems a lease for any purpose other than agricultural or manufacturing to be a lease from month to month, terminable by fifteen days' notice; agricultural or manufacturing leases are from year to year, terminable by six months' notice.
Under Section 106 of the Transfer of Property Act, 1882, a lease of immovable property for agricultural or manufacturing purposes, in the absence of a contract to the contrary, is deemed to be a lease from year to year terminable by:
aFifteen days' notice
bThree months' notice
cSix months' notice
dOne month's notice
Answer: C
Section 106 deems leases for agricultural or manufacturing purposes to be from year to year, terminable on either side by six months' notice expiring with the end of a year of the tenancy.
Section 114 of the Transfer of Property Act, 1882 provides for:
aRelief against forfeiture of a lease for non-payment of rent
bDetermination of a lease by efflux of time
cForfeiture of a lease for breach of an express condition
dRights and liabilities of lessor and lessee
Answer: A
Section 114 empowers the court to grant the lessee relief against forfeiture where the lease is determined for non-payment of rent, upon the lessee paying the rent in arrears with interest and costs.
Under Section 122 of the Transfer of Property Act, 1882, a gift is incomplete unless the donee accepts it:
aWithin three months of execution of the gift deed
bDuring the lifetime of the donor and while he is still capable of giving
cOnly after the death of the donor
dWithin one year, failing which it lapses
Answer: B
Section 122 requires acceptance of the gift by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
Section 128 of the Transfer of Property Act, 1882 deals with the liability of a:
aBona fide purchaser for value
bSurety for a mortgage debt
cDonor making an onerous gift
dUniversal donee
Answer: D
Section 128 makes a universal donee (one to whom the donor's whole property is given) personally liable for all the debts and liabilities of the donor at the time of the gift, to the extent of the property comprised in the gift.
The transfer of an actionable claim under the Transfer of Property Act, 1882 is governed by:
aSection 127
bSection 118
cSection 130
dSection 123
Answer: C
Section 130 provides that the transfer of an actionable claim, whether with or without consideration, shall be effected only by an instrument in writing signed by the transferor, whereupon all rights and remedies of the transferor vest in the transferee.
Under Section 5 of the Transfer of Property Act, 1882, "transfer of property" is an act by which a living person conveys property, in present or in future, to:
athe State Government alone
bone or more other living persons, or to himself, or to himself and one or more other living persons
conly a juristic person such as a company or association
done or more other living persons only, and never to himself
Answer: B
Section 5 defines transfer of property as conveyance by a living person to one or more other living persons, or to himself, or to himself and one or more other living persons; a "living person" includes a company, association or body of individuals.
Section 124 of the Indian Contract Act, 1872 defines a 'contract of indemnity' as a contract by which one party promises to save the other from loss caused to him:
aby the act of God alone
bby the conduct of the promisor himself or by the conduct of any other person
cby any natural calamity or accident
dby the default of a third person only
Answer: B
Section 124 defines a contract of indemnity as one 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; loss caused by natural events is not covered.
Under Section 126 of the Indian Contract Act, 1872, a contract of guarantee:
amust always be in writing
bmay be either oral or written
cmust be witnessed by two attesting witnesses
dmust be registered to be valid
Answer: B
Section 126 defines the contract of guarantee, surety, principal debtor and creditor, and expressly states that a guarantee may be either oral or written.
Under Section 138 of the Indian Contract Act, 1872, where there are co-sureties, a release by the creditor of one of them:
adoes not discharge the others, nor does it free the surety so released from his responsibility to the other sureties
bdischarges the principal debtor
cdischarges all the other co-sureties
drenders the entire guarantee void
Answer: A
Section 138 provides that a release by the creditor of one co-surety does not discharge the others; nor does it free the surety so released from his responsibility to the other co-sureties.
The general lien conferred by Section 171 of the Indian Contract Act, 1872 is available, in the absence of a contract to the contrary, to which of the following?
aInnkeepers and common carriers only
bBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
cAgents and sub-agents only
dAll bailees without exception
Answer: B
Section 171 confers a general lien (a right to retain goods bailed as security for a general balance of account) on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, in the absence of a contract to the contrary.
Under Section 172 of the Indian Contract Act, 1872, the bailment of goods as security for payment of a debt or performance of a promise is called:
aa hypothecation, the bailor being the chargor
ba mortgage, the bailor being the mortgagor
ca pledge, the bailor being the pawnor and the bailee the pawnee
da lien, the bailor being the lienor
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 called the pawnor and the bailee the pawnee.
Section 182 of the Indian Contract Act, 1872 defines an 'agent' as:
aa person who guarantees the debt of a third person
ba person employed to do any act for another or to represent another in dealings with third persons
ca person who lends money to another on security
da person who holds goods as security for a debt
Answer: B
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 for whom such act is done or who is so represented is the principal.
Which of the following is NOT a mode of termination of agency under Section 201 of the Indian Contract Act, 1872?
aThe business of the agency being completed
bThe principal revoking his authority
cThe agent renouncing the business of the agency
dThe agent appointing a sub-agent
Answer: D
Section 201 lists termination of agency by revocation by the principal, renunciation by the agent, completion of the business, death or unsoundness of mind of principal or agent, and the principal being adjudicated insolvent. Mere appointment of a sub-agent is not a mode of termination.
In computing the period of limitation for any suit, appeal or application under Section 12 of the Limitation Act, 1963, the day from which such period is to be reckoned shall be:
aExcluded
bIncluded
cIncluded or excluded at the discretion of the court
dCounted as half a day
Answer: A
Section 12(1) provides that the day from which the period is to be reckoned is excluded in computing the period of limitation.
Section 14 of the Limitation Act, 1963 allows exclusion of the time spent in prosecuting, with due diligence and in good faith, an earlier proceeding in a court that was unable to entertain it on account of:
aFailure to pay court fees
bMisjoinder of parties only
cAbsence of the plaintiff's pleader
dDefect of jurisdiction or other cause of a like nature
Answer: D
Section 14 excludes time spent bona fide and with due diligence in a court which, from defect of jurisdiction or other cause of a like nature, was unable to entertain the matter.
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation begins to run from the time of an acknowledgment of liability, provided the acknowledgment is:
aIn writing and signed, made before the expiration of the prescribed period
bMade only by a registered instrument
cIn writing, whether before or after expiry of the prescribed period
dOral and made before any two witnesses
Answer: A
Section 18 requires the acknowledgment to be in writing and signed by the party (or his agent) and made before the prescribed period has expired; only then does a fresh period run.
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general rule that limitation bars the remedy but not the right, because it provides that on the determination of the period limited for a suit for possession of property:
aThe court may condone the delay
bOnly the remedy by suit is barred
cA fresh limitation of twelve years begins
dThe right to such property is extinguished
Answer: D
Section 27 extinguishes the right to property itself once the period for a suit for possession determines, making it the statutory basis for adverse possession.
Under Section 16(a) of the Specific Relief Act, 1963 (as amended in 2018), specific performance of a contract cannot be enforced in favour of a person:
aWho has obtained substituted performance of contract under Section 20
bWho is a minor at the date of the suit
cWho has filed the suit beyond three years
dWhose contract is reduced to writing
Answer: A
The 2018 amendment substituted Section 16(a) to bar specific performance in favour of a person who has obtained substituted performance of the contract under Section 20.
The remedy of 'substituted performance of contract', under which a party suffering breach may get the contract performed by a third party or his own agency and recover the costs from the defaulting party, is provided under which section of the Specific Relief Act, 1963?
aSection 10
bSection 16
cSection 14
dSection 20
Answer: D
Section 20, as substituted by the 2018 Amendment, introduced the concept of substituted performance of contract.
Under Section 20C of the Specific Relief Act, 1963 (inserted in 2018), a suit filed under the provisions of the Act is to be disposed of by the court within a period of:
aTwo years from the institution of the suit
bSix months from the date of service of summons on the defendant
cTwelve months from the date of service of summons on the defendant
dThree years from the date of the contract
Answer: C
Section 20C requires disposal within twelve months from the date of service of summons on the defendant, extendable by a further six months for reasons recorded in writing.
In determining the amount of compensation awarded in a suit for specific performance under Section 21 of the Specific Relief Act, 1963, the court is to be guided by the principles specified in which section of the Indian Contract Act, 1872?
aSection 70
bSection 71
cSection 73
dSection 72
Answer: C
Section 21(4) directs the court to be guided by the principles specified in Section 73 of the Indian Contract Act, 1872.
Under the Negotiable Instruments Act, 1881, where a bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause the fact to be authenticated by a notary public upon the instrument itself. This act of recording is known as:
aEndorsement
bNoting
cProtest
dAcceptance for honour
Answer: B
Section 99 provides for noting, by which the dishonour of a bill is recorded by a notary public upon the instrument or upon a paper attached thereto.
Under the Negotiable Instruments Act, 1881, a formal certificate of dishonour issued by a notary public, going beyond mere noting, is termed:
aDischarge
bNoting
cProtest
dNotice of dishonour
Answer: C
Section 100 of the Act deals with protest, which is the formal certificate of dishonour drawn up by a notary public, as distinguished from the mere noting under Section 99.
Where a cheque bears across its face two parallel transverse lines, with or without the words "not negotiable", under the Negotiable Instruments Act, 1881 the cheque is said to be:
aCrossed generally
bMarked for collection
cCrossed specially
dEndorsed in blank
Answer: A
Section 123 provides that the addition of two parallel transverse lines (with or without the words 'and company' or 'not negotiable') constitutes a general crossing.
An offence under Section 138 of the Negotiable Instruments Act, 1881 (dishonour of cheque for insufficiency of funds) is punishable with imprisonment which may extend to:
aSix months, or with fine, or both
bThree years and fine equal to the cheque amount
cTwo years, or with fine which may extend to twice the amount of the cheque, or both
dOne year, or with fine up to the cheque amount, or both
Answer: C
Section 138 provides for imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Section 27 of the Registration Act, 1908 provides that a will
amay at any time be presented for registration or deposited in the manner provided
bis compulsorily registrable under Section 17
cmust be presented for registration within four months of execution
dcan be registered only after the death of the testator
Answer: A
Section 27 expressly provides that a will may at any time be presented for registration or deposited in the manner provided by the Act; the four-month limit under Section 23 does not apply to wills.
Under Section 32 of the Registration Act, 1908, a document required to be registered may be presented at the proper registration office by all of the following EXCEPT
asome person executing or claiming under the document
bthe representative or assign of such person
cthe agent of such person duly authorised by a power-of-attorney executed and authenticated as prescribed
dany attesting witness to the document
Answer: D
Section 32 permits presentation only by a person executing or claiming under the document, by his representative or assign, or by a duly authorised agent under a registered/authenticated power-of-attorney. A mere attesting witness is not entitled to present the document.
Section 34 of the Registration Act, 1908 deals with
athe place for registering documents relating to land
bthe effect of non-registration of compulsorily registrable documents
cenquiry before registration by the registering officer
dthe time for presenting documents for registration
Answer: C
Section 34 requires the registering officer, before registering, to enquire whether the document was executed by the persons purporting to execute it and to satisfy himself as to their identity; it also provides for condonation of delay in appearance up to four months on payment of a fine.
Under the proviso to Section 35(3) of the Registration Act, 1908, if a person by whom the document purports to be executed appears to the registering officer to be a minor, an idiot or a lunatic, the registering officer shall
aregister the document after appointing a guardian
bregister the document notwithstanding such fact
crefuse to register the document as to the person so appearing
dforward the document to the District Court for orders
Answer: C
Under Section 35(3), where a person denies execution, or appears to be a minor, idiot or lunatic, or is dead and his representative denies execution, the registering officer must refuse to register the document as to the person so denying, appearing or dead.
Section 22 of the Chhattisgarh Excise Act, 1915 prohibits a person licensed to sell intoxicants for consumption on his premises from employing, in the part of the premises where the intoxicant is consumed:
aAny person who is not a licensee
bAny male person under twenty-one years or any woman
cAny male person under eighteen years only
dAny woman above forty years
Answer: B
Section 22 prohibits employment of any male person under the age of twenty-one years or any woman in the part of such premises in which the intoxicant is consumed.
Under Section 34(1) of the Chhattisgarh Excise Act, 1915, the punishment for a first offence of unlawful manufacture, transport, import, export or possession of an intoxicant is imprisonment for a term not less than six months which may extend to:
aThree years
bOne year
cFive years
dTwo years
Answer: D
Section 34(1) prescribes imprisonment of not less than six months which may extend to two years (with fine of Rs. 10,000 to Rs. 50,000) for a first offence.
Section 36 of the Chhattisgarh Excise Act, 1915 (penalty for illegal possession of an intoxicant knowing duty has not been paid) provides for imprisonment for a term not less than three months but which may extend to:
aThree years, or fine, or both
bFive years, or fine, or both
cSeven years, or fine, or both
dTwo years, or fine, or both
Answer: B
Section 36 prescribes imprisonment of not less than three months extending to five years, or fine of not less than one lakh extending to five lakh rupees, or both.
Under Section 40-A of the Chhattisgarh Excise Act, 1915, whoever assaults or obstructs any excise officer exercising powers under the Act shall be punishable with imprisonment which may extend to two years or with fine which may extend to:
aTwo thousand rupees
bFive thousand rupees
cTen thousand rupees
dOne thousand rupees
Answer: A
Section 40-A provides imprisonment up to two years or fine up to two thousand rupees, or both, for assault on or obstruction of an excise officer or person assisting him.
In Rajendra Diwan v. Pradeep Kumar Ranibala (2019), the Supreme Court declared which provision of the Chhattisgarh Rent Control Act, 2011 to be unconstitutional?
aSection 9(2), prescribing a six-month time limit for proceedings
bSection 11, providing for fixation of interim rent
cSection 13(2), providing a direct appeal to the Supreme Court from the Rent Control Tribunal
dSection 14, repealing the Accommodation Control Act, 1961
Answer: C
A Constitution Bench held on 10 December 2019 that Section 13(2), which provided a direct statutory appeal to the Supreme Court, was beyond the legislative competence of the State as it sought to confer jurisdiction on the Supreme Court.
The Constitution Bench in Rajendra Diwan v. Pradeep Kumar Ranibala struck down Section 13(2) of the Chhattisgarh Rent Control Act, 2011 principally on the ground that:
aRent control falls exclusively in the Union List
bIt was repugnant to a pre-existing Central enactment
cIt violated the tenant's right to be heard under natural justice
dA State Legislature cannot enact a law that affects or confers jurisdiction on the Supreme Court
Answer: D
The Court reiterated that a State Legislature is incompetent to enact a provision touching the jurisdiction of the Supreme Court; only Parliament may do so, rendering the direct-appeal clause ultra vires.
Under the Chhattisgarh Rent Control Act, 2011, the Rent Control Tribunal is to be headed by a person who is:
aA serving Additional District Judge
bThe Collector of the district
cA serving Judge of the Supreme Court
dA retired Judge of the High Court or a retired District Judge
Answer: D
Section 6 provides that the Rent Control Tribunal is constituted with a retired High Court Judge or a retired District Judge as its head, along with such members as the State Government determines.
Under the Court-Fees Act, 1870, refund of the fee paid on a memorandum of appeal is provided under,
aSection 14
bSection 13
cSection 15
dSection 12
Answer: B
Section 13 of the Court-Fees Act, 1870 deals with refund of fee paid on a memorandum of appeal where the appellate court remands the case for re-trial.
Under the Court-Fees Act, 1870, no document chargeable with a fee shall be filed, exhibited or recorded in any court of justice unless the proper fee is paid. This bar is contained in,
aSection 9
bSection 6
cSection 12
dSection 4
Answer: B
Section 6 of the Court-Fees Act, 1870 bars the filing, exhibition or recording of any document chargeable with a fee in any court (other than a High Court) or public office unless the proper fee has been paid.
Under the Chhattisgarh Land Revenue Code, 1959, a Bhumiswami belonging to a tribe declared to be an aboriginal tribe cannot transfer his land to a person not belonging to such tribe without the permission of a Revenue Officer not below the rank of Collector. This restriction is contained in,
aSection 165(6)
bSection 158
cSection 178
dSection 168
Answer: A
Section 165(6) restricts transfer of land by a Bhumiswami belonging to an aboriginal tribe to a non-tribal person, except with the prior permission of a Revenue Officer not below the rank of Collector recorded in writing.
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