Chhattisgarh Judiciary Mock Test 3 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
16
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Following the Supreme Court (Number of Judges) Amendment Act, 2019, the Supreme Court consists of the Chief Justice of India and not more than how many other Judges?
a25 other Judges
b31 other Judges
c30 other Judges
d33 other Judges
Answer: D
The 2019 amendment raised the sanctioned strength so that the Supreme Court consists of the Chief Justice of India and not more than thirty-three other Judges, taking the total to thirty-four.
Which Article of the Constitution provides protection in respect of conviction for offences, including protection against ex post facto criminal laws and against double jeopardy?
aArticle 20
bArticle 21
cArticle 22
dArticle 19
Answer: A
Article 20 protects against conviction under ex post facto laws, double jeopardy and self-incrimination; it is one of the rights that remains available even during a proclamation of Emergency.
Article 21A, providing for the right to free and compulsory education to all children of the age of six to fourteen years, was inserted by which Constitutional Amendment?
aThe 44th Amendment
bThe 42nd Amendment
cThe 73rd Amendment
dThe 86th Amendment
Answer: D
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21A, making free and compulsory education for children aged six to fourteen a fundamental right.
Under Article 110 of the Constitution, the decision whether a Bill is a Money Bill or not, if any question arises, is final and conclusive when given by the:
aChairman of the Rajya Sabha
bSpeaker of the Lok Sabha
cSupreme Court of India
dPresident of India
Answer: B
Article 110(3) provides that if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the Lok Sabha thereon is final.
Under Article 368, a Bill to amend the Constitution may be introduced in:
aa joint sitting of both Houses only
beither House of Parliament
cthe Rajya Sabha only
dthe Lok Sabha only
Answer: B
Article 368 permits a Constitution Amendment Bill to be introduced in either House of Parliament, after which it must be passed by each House by the prescribed special majority.
The Tenth Schedule of the Constitution of India, dealing with disqualification of members on the ground of defection, was added by which Amendment Act?
aThe 42nd Amendment Act, 1976
bThe 61st Amendment Act, 1989
cThe 52nd Amendment Act, 1985
dThe 44th Amendment Act, 1978
Answer: C
The Tenth Schedule (the anti-defection provisions) was inserted by the Constitution (Fifty-second Amendment) Act, 1985.
The High Court of Chhattisgarh at Bilaspur came into existence on the same day on which the State of Chhattisgarh was formed under the Madhya Pradesh Reorganisation Act, 2000. That day was,
a1st November, 2000
b1st April, 2001
c15th August, 2000
d26th January, 2000
Answer: A
The State of Chhattisgarh and the High Court of Chhattisgarh at Bilaspur both came into being on the appointed day, 1st November 2000, under the Madhya Pradesh Reorganisation Act, 2000.
A first-class advocate who has never been in the service of the Union or a State seeks appointment as a District Judge in Chhattisgarh. Under Article 233(2), the minimum period for which he must have practised as an advocate or pleader, coupled with recommendation by the High Court, is,
aTen years
bTwelve years
cFive years
dSeven years
Answer: D
Under Article 233(2), a person not already in Union or State service is eligible for appointment as District Judge only if he has been an advocate or pleader for not less than seven years and is recommended by the High Court.
The appointment of District Judges in a State is made by the Governor of the State in consultation with,
aThe State Public Service Commission
bThe High Court exercising jurisdiction in relation to such State
cThe Chief Justice of India
dThe Chief Minister of the State
Answer: B
Article 233(1) provides that appointments, postings and promotions of District Judges are made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding posts inferior to that of a District Judge, is vested under Article 235 in,
aThe Governor
bThe State Government
cThe High Court
dThe State Public Service Commission
Answer: C
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, including matters of posting, promotion and leave of judicial officers below the rank of District Judge.
Article 233A, which retrospectively validated certain appointments of, and judgments delivered by, certain District Judges, was inserted in the Constitution by,
Article 233A was inserted by the Constitution (Twentieth Amendment) Act, 1966, to validate appointments of and judgments by certain District Judges after the Supreme Court's decision in Chandra Mohan v. State of Uttar Pradesh (1966).
Under Article 217(1) of the Constitution, a Judge of a High Court holds office until he attains the age of,
aSixty-two years
bSixty-five years
cSixty years
dSeventy years
Answer: A
Article 217(1) provides that a Judge of a High Court holds office until the age of 62 years; this age was raised from 60 to 62 by the Constitution (Fifteenth Amendment) Act, 1963.
Under Order VIII Rule 1 of the CPC, the defendant shall ordinarily present his written statement of defence within thirty days from the date of service of summons, which the Court may extend, but in no case later than:
aNinety days from the date of service of summons
bSixty days from the date of service of summons
cOne hundred and eighty days from the date of service of summons
dForty-five days from the date of service of summons
Answer: A
Order VIII Rule 1 requires the written statement within thirty days, extendable for recorded reasons but not later than ninety days from the date of service of summons.
An application for setting aside an ex parte decree under Order IX Rule 13 of the CPC may be allowed where the defendant satisfies the Court that:
aA more favourable judgment could be obtained on retrial
bThe decree involves a substantial question of law
cThe decree was against the weight of evidence
dThe summons was not duly served or he was prevented by sufficient cause from appearing
Answer: D
Order IX Rule 13 allows an ex parte decree to be set aside where the summons was not duly served or the defendant was prevented by sufficient cause from appearing.
Where a decree is reversed in appeal, the doctrine of restitution, requiring the court to place the parties in the position they would have occupied but for the decree, is provided in:
aSection 144 of the CPC
bSection 115 of the CPC
cSection 148 of the CPC
dSection 151 of the CPC
Answer: A
Section 144 provides for restitution on the application of any party entitled to a benefit, where a decree or order is varied, reversed, set aside or modified.
Under Section 115 of the CPC, the High Court may call for the record of a case decided by a subordinate court where the subordinate court appears to have:
aDecided a question of fact erroneously
bExercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction
cRefused to grant an adjournment
dPassed a decree against the weight of evidence
Answer: B
Section 115 (revision) is confined to jurisdictional errors: where the subordinate court exercised jurisdiction not vested, failed to exercise jurisdiction vested, or acted with material irregularity or illegality in exercising its jurisdiction.
Which one of the following is NOT among the modes of execution of a decree specified in Section 51 of the CPC?
aBy delivery of any property specifically decreed
bBy referring the matter to arbitration
cBy arrest and detention in prison
dBy appointing a receiver
Answer: B
Section 51 enumerates modes of execution including delivery of property, attachment and sale, arrest and detention, and appointment of a receiver; referring the matter to arbitration is not a mode of execution.
A grant of temporary injunction to restrain a party from disposing of or causing injury to property in dispute during the pendency of a suit is governed by:
aOrder XL of the CPC
bOrder XXXVIII of the CPC
cOrder XXXIX of the CPC
dOrder XXVI of the CPC
Answer: C
Order XXXIX deals with temporary injunctions and interlocutory orders; Order XXXVIII concerns arrest and attachment before judgment and Order XL concerns appointment of a receiver.
The principle of res judicata, barring a court from trying a suit or issue already heard and finally decided by a competent court between the same parties, is embodied in:
aSection 10 of the CPC
bSection 11 of the CPC
cSection 12 of the CPC
dSection 13 of the CPC
Answer: B
Section 11 embodies the doctrine of res judicata, barring re-trial of a matter directly and substantially in issue that has been finally decided by a competent court between the same parties.
Under Section 148A of the C.P.C., a caveat lodged in a court shall not remain in force after the expiry of,
aSixty days from the date on which it was lodged
bOne hundred twenty days from the date on which it was lodged
cThirty days from the date on which it was lodged
dNinety days from the date on which it was lodged
Answer: D
Section 148A(5) provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless an application referred to in sub-section (1) has been made before that period expires.
Under Section 96(4) of the C.P.C., no appeal (except on a question of law) lies from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed,
aTen thousand rupees
bTwenty thousand rupees
cThree thousand rupees
dFive thousand rupees
Answer: A
Section 96(4) bars an appeal, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
Under the proviso to Order VIII Rule 1 of the C.P.C., where the defendant fails to file the written statement within thirty days, the court may allow him to do so on a later day, but in no case later than,
aSixty days from the date of service of summons
bOne hundred twenty days from the date of service of summons
cOne hundred eighty days from the date of service of summons
dNinety days from the date of service of summons
Answer: D
Order VIII Rule 1 requires the written statement within thirty days of service of summons; the proviso permits extension for recorded reasons but not later than ninety days from the date of service of summons.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is provided under which of the following sections?
aSection 500
bSection 356
cSection 499
dSection 354
Answer: B
Section 356 BNS consolidates the offence and punishment for defamation (formerly IPC Sections 499 and 500) and additionally introduces community service as a punishment.
The Bharatiya Nyaya Sanhita, 2023 introduced a new offence of 'organised crime'. It is provided under which section?
aSection 111
bSection 117
cSection 113
dSection 109
Answer: A
Section 111 BNS is a new provision defining and punishing organised crime committed by a crime syndicate, covering activities such as kidnapping, extortion and land-grabbing.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of a 'terrorist act' has been brought into the general penal law under which section?
aSection 111
bSection 152
cSection 197
dSection 113
Answer: D
Section 113 BNS is a new provision defining a terrorist act, covering acts threatening the unity, integrity, sovereignty, security or economic security of India or aimed at striking terror among the people.
'A' employs deceitful means and a false promise of marriage to have sexual intercourse with 'B', a woman, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is liable under which section?
aSection 69
bSection 70
cSection 63
dSection 64
Answer: A
Section 69 BNS is a new provision punishing sexual intercourse obtained by deceitful means or a false promise of marriage (where it does not amount to rape), with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined and made punishable under which section?
aSection 61
bSection 120B
cSection 120A
dSection 45
Answer: A
Section 61 BNS contains both the definition and punishment for criminal conspiracy; the mere agreement to commit an illegal act is sufficient where the object is an offence punishable with death, life imprisonment or rigorous imprisonment of two years or more.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of rioting is provided under which section?
aSection 191
bSection 146
cSection 147
dSection 189
Answer: A
Section 191 BNS defines rioting and prescribes punishment; general rioting under Section 191(2) is punishable with imprisonment up to two years or fine or both, while rioting armed with a deadly weapon under Section 191(3) extends to five years.
'A', a soldier, fires on a mob in obedience to the lawful command of his superior officer, in conformity with the commands of law. Under the Bharatiya Nyaya Sanhita, 2023, this falls within the General Exception relating to an act done by a person bound, or by mistake of fact believing himself bound, by law, under which section?
aSection 17
bSection 22
cSection 19
dSection 14
Answer: D
Section 14 BNS (corresponding to old IPC Section 76) exempts an act done by a person who is, or who by reason of a mistake of fact in good faith believes himself to be, bound by law to do it.
Under the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under seven years of age. This exception is contained in which section?
aSection 83
bSection 82
cSection 20
dSection 21
Answer: C
Section 20 BNS (corresponding to old IPC Section 82) provides that nothing is an offence which is done by a child under seven years of age; Section 21 covers a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voluntarily causing hurt is punishable under which section, with imprisonment which may extend to one year, or fine which may extend to ten thousand rupees, or both?
aSection 115
bSection 117
cSection 323
dSection 319
Answer: A
Section 115 BNS defines and punishes voluntarily causing hurt; sub-section (2) prescribes imprisonment up to one year or fine up to ten thousand rupees or both. Grievous hurt is dealt with separately under Section 117.
'A' threatens 'B' that he will burn down B's house unless B withdraws a complaint. Under the Bharatiya Nyaya Sanhita, 2023, 'A' has committed criminal intimidation, which is provided under which section?
aSection 349
bSection 503
cSection 506
dSection 351
Answer: D
Section 351 BNS defines criminal intimidation and prescribes its punishment; the ordinary offence under sub-section (2) extends to two years imprisonment or fine or both, with aggravated forms under sub-section (3) extending to seven years.
Under Section 187(3) of the BNSS, the maximum total period of detention an accused may be authorised where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for ten years or more is:
aNinety days
bSixty days
cOne hundred and eighty days
dSeventy-five days
Answer: A
Section 187(3) BNSS permits detention up to ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for any other offence, after which the accused is entitled to default bail.
In the BNSS, 2023, the provision governing the grant of bail in non-bailable offences by a court other than the High Court or Court of Session (corresponding to Section 437 CrPC) is:
aSection 478
bSection 482
cSection 480
dSection 483
Answer: C
Section 480 BNSS corresponds to Section 437 CrPC and deals with bail in non-bailable offences, within the bail provisions found in Chapter XXXV (Sections 478 to 496).
Section 356 of the BNSS, 2023 introduces a wholly new provision permitting:
aWitness protection schemes
bInquiry, trial or judgment in absentia of a proclaimed offender
cCompounding of all cognizable offences
dPlea bargaining for all offences
Answer: B
Section 356 BNSS is a new provision allowing inquiry, trial or judgment in absentia where a proclaimed offender has absconded and there is no immediate prospect of arrest, with prescribed procedural safeguards.
Under Section 176(3) of the BNSS, 2023, it is mandatory for forensic experts to visit the crime scene and collect forensic evidence (with videography of the process) in respect of offences punishable with imprisonment of:
aThree years or more
bTen years or more
cFive years or more
dSeven years or more
Answer: D
Section 176(3) BNSS makes forensic investigation mandatory for offences punishable with imprisonment of seven years or more, requiring forensic experts to visit the scene and videograph the collection of evidence.
Under Section 472 of the BNSS, 2023, a convict under sentence of death (or his legal heir/relative) may file a mercy petition before the President or the Governor within a period of how many days from the date the jail Superintendent informs him of the relevant dismissal or confirmation?
aThirty days
bFifteen days
cSixty days
dNinety days
Answer: A
Section 472 BNSS, a new statutory provision, requires a mercy petition in death sentence cases to be filed within thirty days of the Superintendent informing the convict of dismissal of appeal/review/SLP or confirmation of the death sentence.
The use of handcuffs by a police officer while effecting an arrest or producing the arrested person before court, in cases such as habitual offenders, escapees from custody, and persons accused of certain serious offences, is expressly permitted under which provision of the BNSS, 2023?
aSection 35
bSection 60
cSection 43(3)
dSection 46
Answer: C
Section 43(3) BNSS is a new provision expressly permitting use of handcuffs in specified categories, including habitual or repeat offenders, persons who have escaped custody, and those accused of serious offences.
Under Section 105 of the BNSS, 2023, the process of search of a place and seizure of property, including preparation and signing of the seizure list, is required to be:
aAttested by two gazetted officers
bConfirmed by a Sub-Divisional Magistrate in person
cReported to the State Government within seven days
dRecorded through audio-video electronic means, preferably a mobile phone
Answer: D
Section 105 BNSS is a new provision mandating that search and seizure, including preparation of the seizure list and its signing by witnesses, be recorded through audio-video electronic means (preferably mobile phone) and forwarded to the Magistrate.
Under Section 193 of the BNSS, 2023, the police officer is required to inform the informant or victim about the progress of the investigation, including by electronic communication, within a period of:
aThirty days
bSixty days
cNinety days
dOne hundred and twenty days
Answer: C
Section 193 BNSS introduces a duty on the investigating officer to inform the informant or victim of the progress of investigation within ninety days, including through electronic communication.
Under Section 193 of the BNSS, 2023, investigation in relation to specified offences of rape/sexual offences against women and children (under the relevant sections of the BNS and the POCSO Act) must be completed within:
aOne month
bTwo months
cThree months
dSix months
Answer: B
Section 193 BNSS requires investigation of the specified sexual offences under the BNS and POCSO Act to be completed within two months from the date the information was recorded.
Under Section 187 of the BNSS, 2023, the maximum period for which a Magistrate may authorise detention of an accused person in the custody of the police (continuously or in parts) is:
aTwenty-four hours
bFifteen days
cTen days
dSeven days
Answer: B
Section 187 BNSS retains the fifteen-day cap on police custody, but notably permits it to be sought in parts spread across the initial portion of the total detention period (forty or sixty days) rather than only the first fifteen days.
Under the Bharatiya Sakshya Adhiniyam, 2023, a statement made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death (dying declaration) is dealt with under—
aSection 26
bSection 24
cSection 32
dSection 27
Answer: A
Section 26 of the BSA, 2023 covers statements by persons who cannot be called as witnesses, including the dying declaration (corresponding to Section 32 of the old 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 made relevant by—
aSection 45
bSection 47
cSection 49
dSection 39
Answer: D
Section 39 of the BSA, 2023 is the expert-opinion provision (corresponding to Section 45 of the old Evidence Act).
A notable change introduced by the Bharatiya Sakshya Adhiniyam, 2023 is that under Section 57 an electronic or digital record is treated as—
aInadmissible unless a magistrate certifies it
bSecondary evidence in every case
cDocumentary evidence requiring no proof
dPrimary evidence
Answer: D
Section 57 of the BSA, 2023 expressly recognises electronic and digital records as primary evidence, departing from the earlier treatment under Sections 65A/65B of the old Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof of any particular fact lies on that person who wishes the Court to believe in its existence, under—
aSection 105
bSection 104
cSection 106
dSection 109
Answer: C
Section 106 of the BSA, 2023 places the burden of proof as to a particular fact on the person asserting it, unless any law provides otherwise (corresponding to Section 103 of the old Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, when a person has, by his declaration, act or omission, intentionally caused another to believe a thing to be true and to act upon that belief, the doctrine of estoppel is codified in—
aSection 118
bSection 115
cSection 121
dSection 123
Answer: C
Section 121 of the BSA, 2023 is the general estoppel provision (corresponding to Section 115 of the old Evidence Act); Sections 122-123 deal with estoppel of tenant/licensee and of acceptor of a bill.
Under the Bharatiya Sakshya Adhiniyam, 2023, a witness who is unable to communicate verbally may give evidence by writing or signs in open Court, and such evidence shall be deemed to be oral evidence, as provided in—
aSection 119
bSection 125
cSection 124
dSection 121
Answer: B
Section 125 of the BSA, 2023 governs a witness unable to communicate verbally and requires the assistance of an interpreter or special educator, with the statement videographed (corresponding to Section 119 of the old Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that an accomplice shall be a competent witness against an accused, and that a conviction is not illegal if it proceeds upon his corroborated testimony, is—
aSection 138
bSection 133
cSection 114
dSection 139
Answer: A
Section 138 of the BSA, 2023 deals with the competency of an accomplice as a witness. As enacted, it provides that an accomplice shall be a competent witness against an accused person and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the repealed Section 133 IEA had referred to uncorroborated testimony).
Under the Bharatiya Sakshya Adhiniyam, 2023, the power of the Judge to put any question he pleases, in any form, at any time, to any witness or party about any relevant or irrelevant fact, is conferred by—
aSection 146
bSection 165
cSection 158
dSection 168
Answer: D
Section 168 of the BSA, 2023 gives the Judge power to put questions or order production of documents (corresponding to Section 165 of the old Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer cannot be proved against an accused person. This prohibition is contained in,
aSection 25
bSection 22
cSection 24
dSection 23
Answer: D
Section 23(1) of the BSA expressly bars proof of a confession made to a police officer as against a person accused of any offence.
A father transfers property to his son and in the same instrument professes to transfer his neighbour's land to the son, while conferring a benefit of Rs. 10,000 on the neighbour out of his own property. The neighbour cannot accept the Rs. 10,000 and at the same time retain his own land. This rule is the doctrine of:
aFeeding the grant by estoppel under Section 43
bLis pendens under Section 52
cPart performance under Section 53A
dElection under Section 35
Answer: D
Section 35 enacts the doctrine of election: where a transferor professes to transfer property he has no right to transfer and in the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm the transfer or dissent and relinquish the benefit.
Which of the following is NOT one of the properties or interests declared non-transferable under Section 6 of the Transfer of Property Act, 1882?
aA mere right to sue
bThe chance of an heir-apparent succeeding to an estate (spes successionis)
cA right of re-entry for breach of a condition subsequent, transferred apart from the land affected
dArrears of rent already accrued due and payable on immovable property
Answer: D
Section 6 bars transfer of spes successionis [cl.(a)], a right of re-entry apart from the land [cl.(b)] and a mere right to sue [cl.(e)], among others; but arrears of rent already accrued due are a present, transferable actionable claim, not within the bar.
A, a person ostensibly owning land with the consent of its real owner, sells it for consideration to B, who after taking reasonable care to ascertain A's power acts in good faith. The real owner later sues to set aside the transfer on the ground that A was not the real owner. Under Section 41 of the Transfer of Property Act, the transfer is:
avoid ab initio
bvoidable at the option of the real owner
cnot voidable on the ground that the transferor was not authorised to make it
dvalid only if the consideration was adequate
Answer: C
Section 41 (transfer by ostensible owner) protects a transferee for consideration who acts in good faith after taking reasonable care to ascertain the transferor's power; such a transfer is not voidable merely because the transferor was not the real owner.
A, having no present title to certain land, fraudulently represents that he is entitled to it and purports to sell it to B for value; A subsequently acquires the land. Under Section 43 of the Transfer of Property Act, B may, at his option:
aclaim that the transfer operates on the interest A subsequently acquires, so long as the contract of transfer subsists
bcompel A to re-execute a fresh sale deed at A's expense
conly sue A for damages for misrepresentation
dclaim nothing, since A had no title at the date of transfer
Answer: A
Section 43 embodies the rule of feeding the grant by estoppel: where a person erroneously or fraudulently represents that he is authorised to transfer immovable property and afterwards acquires an interest in it, the transferee may, at his option, have the transfer operate on that subsequently acquired interest while the contract subsists.
During the pendency of a suit in which the right to immovable property is directly and specifically in question, a party to the suit transfers that property to a stranger. Under Section 52 of the Transfer of Property Act (doctrine of lis pendens), such transfer is:
avalid but cannot affect the rights of any other party under any decree that may be made in the suit
bvoid and of no effect whatsoever
cvalid only if the transferee had no notice of the suit
dvoidable at the option of the court
Answer: A
Section 52 does not avoid the transfer; it makes the transfer subject to the decree, so it cannot affect the rights of the other party to the suit. The transferee takes the property burdened by the result of the litigation.
Where a person contracts to transfer immovable property in writing, the transferee has in part performance taken possession, and has done some act in furtherance of the contract and is willing to perform his part, but the transfer has not been completed in the manner required by law. Section 53A of the Transfer of Property Act allows the transferee to:
arecover the property by suit even after the limitation period has expired
bobtain a decree for specific performance as a matter of right
cdefend his possession against the transferor or any person claiming under him (other than a transferee for value without notice)
dclaim ownership and have the document compulsorily registered
Answer: C
Section 53A (part performance) is a shield, not a sword: it bars the transferor and those claiming under him (except a bona fide transferee for value without notice) from enforcing any right against the transferee in possession, in respect of the property covered by the contract.
Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by:
adelivery of possession alone
ban oral agreement followed by mutation in revenue records
ca registered instrument
dan unregistered instrument attested by two witnesses
Answer: C
Section 54 provides that in the case of tangible immovable property of value of one hundred rupees and upwards, or of a reversion or other intangible thing, sale can be made only by a registered instrument; below one hundred rupees, it may be by registered instrument or by delivery of property.
Under Section 58 of the Transfer of Property Act, a mortgage in which the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession until payment, the rents and profits being appropriated in lieu of interest or principal, is known as a:
aSimple mortgage
bMortgage by conditional sale
cEnglish mortgage
dUsufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage, where the mortgagor delivers possession and the mortgagee retains possession and appropriates the rents and profits in lieu of interest, or principal, or both, until the debt is satisfied.
Under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to that effect, an agent:
acan always personally enforce contracts made on behalf of his principal
bis personally bound by every contract he makes for the principal
ccannot personally enforce, nor is he personally bound by, contracts entered into by him on behalf of his principal
dis liable jointly with the principal in all cases
Answer: C
Section 230 lays down the general rule that, in the absence of a contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them, subject to the presumptions in the proviso.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move from:
athe promisee only
bthe promisee or any other person
cthe promisor only
da person who is a party to the contract only
Answer: B
Section 2(d) defines consideration as an act, abstinence or promise done 'at the desire of the promisor' by 'the promisee or any other person', thus recognising the doctrine that consideration may move from a stranger to the consideration.
An agreement made without consideration is valid, under Section 25 of the Indian Contract Act, if it is:
aan oral promise of a gift between strangers
ba promise to do an act which is impossible
cexpressed in writing and registered, and made on account of natural love and affection between parties standing in a near relation to each other
da promise to pay a debt which is not yet barred by limitation
Answer: C
The first exception in Section 25 saves an agreement made without consideration where it is in writing, registered, and made out of natural love and affection between parties standing in a near relation.
A minor's agreement under the Indian Contract Act, 1872, as settled in Mohori Bibee v. Dharmodas Ghose, is:
avoidable at the option of the minor
bvoid ab initio
cvalid if ratified after the minor attains majority
dvalid if it is for the benefit of the minor
Answer: B
Reading Section 11 with the Privy Council ruling in Mohori Bibee v. Dharmodas Ghose (1903), an agreement by a minor is void ab initio and incapable of ratification on attaining majority.
Section 56 of the Indian Contract Act, which embodies the doctrine of frustration, was authoritatively construed by the Supreme Court (holding that 'impossible' is not limited to physical impossibility) in:
aBalfour v. Balfour
bLalman Shukla v. Gauri Dutt
cSatyabrata Ghose v. Mugneeram Bangur & Co.
dCarlill v. Carbolic Smoke Ball Co.
Answer: C
In Satyabrata Ghose v. Mugneeram Bangur & Co., the Supreme Court held that 'impossible' in Section 56 means impracticability or failure of the object, not merely literal physical impossibility.
Under Section 68 of the Indian Contract Act, when necessaries suited to his condition in life are supplied to a minor, the supplier is:
aentitled to have the minor imprisoned for the debt
bentitled to be reimbursed from the property of the minor
centitled to recover the price personally from the minor
dnot entitled to any reimbursement at all
Answer: B
Section 68 makes the minor personally not liable; the supplier of necessaries is entitled to be reimbursed only from the property of the incapable person.
Which of the following statements regarding the right of general lien under Section 171 of the Indian Contract Act is incorrect?
aWharfingers are entitled to a general lien
bEvery bailee has a general lien irrespective of any contract
cPolicy-brokers are entitled to a general lien
dBankers may, in the absence of a contract to the contrary, retain goods bailed as security for a general balance of account
Answer: B
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; no other person has it unless there is an express contract.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged (Article 61) is:
aTwelve years
bThirty years
cSixty years
dThree years
Answer: B
Article 61(a) of the Schedule prescribes thirty years for a suit by a mortgagor to redeem or recover possession of the mortgaged immovable property.
The period of limitation for a suit for possession of immovable property or any interest therein based on title (Article 65 of the Schedule to the Limitation Act, 1963) is:
aTwelve years from when the possession of the defendant becomes adverse to the plaintiff
bSix years from the date of purchase
cThirty years from the date of dispossession
dThree years from when the right to sue accrues
Answer: A
Article 65 prescribes twelve years for a title-based possession suit, computed from the date the defendant's possession becomes adverse to the plaintiff.
Article 137 in the Third Division of the Schedule to the Limitation Act, 1963 — the residuary article governing any application for which no period of limitation is provided elsewhere — prescribes a period of:
aSix months
bOne year
cThree years
dNinety days
Answer: C
Article 137, the residuary provision for applications, prescribes three years running from when the right to apply accrues.
Under Section 31 of the Specific Relief Act, 1963, a suit for cancellation may be brought by a person against whom a written instrument is void or voidable, who has reasonable apprehension that the instrument, if left outstanding:
aMay be assigned to a third person
bMay cause him serious injury
cMay be admitted in evidence
dMay be registered by the opposite party
Answer: B
Section 31(1) permits a suit to adjudge a void or voidable written instrument cancelled where the plaintiff has reasonable apprehension that it, if left outstanding, may cause him serious injury.
Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall make no declaration where the plaintiff:
aHas not paid the requisite court fee
bSeeks declaration against the Government
cIs not in possession of the property
dBeing able to seek further relief than a mere declaration of title, omits to do so
Answer: D
The proviso to Section 34 bars a declaratory decree where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted:
aTo restrain a continuing breach of contract that can be specifically enforced
bTo prevent waste of immovable property by a trustee
cTo restrain any person from instituting or prosecuting any proceeding in a criminal matter
dTo compel performance of a continuing duty the court can supervise
Answer: C
Section 41(d) provides that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
Clause (ha) was inserted into Section 41 of the Specific Relief Act, 1963 by the 2018 Amendment. It bars the grant of an injunction if it would:
aRestrain proceedings in a court not subordinate to that from which the injunction is sought
bPrevent the breach of a determinable contract
cRestrain a person from applying to any legislative body
dImpede or delay the progress or completion of any infrastructure project
Answer: D
Section 41(ha), inserted in 2018, bars an injunction that would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of facilities or services connected with it.
Which one of the following correctly states the position of specific relief under the Specific Relief Act, 1963?
aSpecific relief is granted for the purpose of enforcing individual civil rights and not for enforcing penal laws
bSpecific relief is granted for the mere purpose of enforcing penal laws
cSpecific relief may be granted to enforce both civil rights and penal laws
dSpecific relief can be granted only by way of award of damages
Answer: A
Section 4 declares that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Under Section 142 of the Negotiable Instruments Act, 1881, a complaint in respect of an offence under Section 138 must ordinarily be made in writing within:
aFifteen days of the cause of action
bOne month of the date on which the cause of action arises
cThree months of the dishonour of the cheque
dSix months of the date of the cheque
Answer: B
Section 142(1)(b) requires the complaint by the payee or holder in due course to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138.
No court inferior to that of which Magistrate is competent to try an offence punishable under Section 138 of the Negotiable Instruments Act, 1881?
aJudicial Magistrate of the second class
bMetropolitan Magistrate or Judicial Magistrate of the first class
cExecutive Magistrate
dSessions Judge only
Answer: B
Section 142(1)(c) provides that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under Section 138.
Under Section 143A of the Negotiable Instruments Act, 1881, the interim compensation that a court may direct the drawer to pay to the complainant shall not exceed:
aTen per cent of the cheque amount
bTwenty-five per cent of the cheque amount
cFifty per cent of the cheque amount
dTwenty per cent of the cheque amount
Answer: D
Section 143A, inserted by the 2018 Amendment, empowers the court to direct interim compensation not exceeding twenty per cent of the amount of the cheque.
Under Section 148 of the Negotiable Instruments Act, 1881, in an appeal by the drawer against conviction under Section 138, the appellate court may order the appellant to deposit a sum which shall be a minimum of:
aFifty per cent of the fine or compensation awarded by the trial court
bTen per cent of the fine or compensation awarded by the trial court
cTwenty per cent of the fine or compensation awarded by the trial court
dThe entire fine or compensation awarded by the trial court
Answer: C
Section 148, inserted by the 2018 Amendment, allows the appellate court to order a deposit of a minimum of twenty per cent of the fine or compensation awarded by the trial court.
If an indorser of a negotiable instrument signs his name and merely adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement under the Negotiable Instruments Act, 1881 is said to be:
aIndorsement in blank
bIndorsement in full
cRestrictive indorsement
dConditional indorsement
Answer: B
Section 16 provides that where the indorser adds a direction to pay a specified person it is an indorsement in full, whereas signing the name alone is an indorsement in blank.
Section 47 of the Registration Act, 1908 provides that a registered document shall operate from
athe date on which the registering officer signs the certificate
bthe time from which it would have commenced to operate if no registration had been required or made
cthe date of its registration
dthe date of presentation at the registration office
Answer: B
Section 47 provides that a registered document operates from the time it would have commenced to operate if no registration had been required or made, and not from the time of its registration; registration relates back to execution.
Under Section 49 of the Registration Act, 1908, an unregistered document required to be registered may nevertheless be received in evidence
aof a contract in a suit for specific performance, or of any collateral transaction not required to be effected by a registered instrument
bto affect the immovable property comprised therein
cfor all purposes once a fine is paid
dto confer a power to adopt
Answer: A
The proviso to Section 49 allows an unregistered document required to be registered to be received as evidence of a contract in a suit for specific performance under the Specific Relief Act, or as evidence of any collateral transaction not required to be effected by a registered instrument.
Under Section 17(1A) of the Registration Act, 1908, a document containing a contract to transfer immovable property for consideration for the purposes of Section 53-A of the Transfer of Property Act, 1882, if not registered after the commencement of the 2001 Amendment Act,
ashall have no effect for the purposes of Section 53-A
bmay be registered only with the Collector's sanction
cshall be void ab initio
dshall be presumed to be registered
Answer: A
Section 17(1A), inserted by the Registration and Other Related Laws (Amendment) Act, 2001, makes part-performance contracts under Section 53-A TPA compulsorily registrable; if unregistered, they have no effect for the purposes of Section 53-A.
Under Section 18 of the Registration Act, 1908, registration is OPTIONAL for
aa lease of immovable property for any term not exceeding one year
ban instrument of gift of immovable property
ca non-testamentary instrument creating a right worth two hundred rupees in immovable property
da lease reserving a yearly rent
Answer: A
Section 18(c) makes registration optional for leases of immovable property for any term not exceeding one year (and leases exempted under Section 17). Gifts, leases reserving yearly rent, and instruments creating rights worth Rs.100 and upwards are compulsorily registrable under Section 17.
Section 43 of the Chhattisgarh Excise Act, 1915 raises a presumption, until the contrary is proved, that the accused has committed an offence in respect of any intoxicant or apparatus he cannot satisfactorily account for. This presumption applies in prosecutions under which sections?
aSections 52, 53 and 54
bSections 46 and 47 only
cSections 34, 35 and 36
dSections 22 and 23 only
Answer: C
Section 43 provides that in prosecutions under Sections 34, 35 and 36, the offence is presumed against the accused until the contrary is proved.
Under Section 52 of the Chhattisgarh Excise Act, 1915, an empowered Excise Officer or Police Officer may, in respect of offences specified therein:
aArrest without warrant a person found committing a specified offence and seize articles liable to confiscation
bConfiscate property by his own final order
cTry the offence summarily
dOnly register a complaint before a Magistrate
Answer: A
Section 52 empowers a duly empowered officer to arrest without warrant any person found committing a specified excise offence and to seize and detain articles liable to confiscation.
Under Section 54 of the Chhattisgarh Excise Act, 1915, an empowered Excise Officer may search a place without a warrant only when he has reason to believe a specified offence has been or is likely to be committed AND that:
aThe District Magistrate has refused a warrant
bThe offender is a habitual offender
cA search warrant cannot be obtained without affording the offender an opportunity to escape or to conceal evidence
dThe seized goods exceed five bulk litres
Answer: C
Section 54 permits search without warrant only where a search-warrant cannot be obtained without giving the offender an opportunity to escape or to conceal evidence, and after recording the grounds of belief.
Under the Chhattisgarh Rent Control Act, 2011, an officer appointed as a Rent Controller in a district must not be below the rank of:
aDeputy Collector
bSub-Divisional Magistrate of the first class only
cNaib Tehsildar
dTehsildar
Answer: A
Section 7 empowers the State Government to appoint one or more Rent Controllers per district, who shall not be below the rank of Deputy Collector, with jurisdiction assigned by the Collector.
Under the Chhattisgarh Rent Control Act, 2011, an appeal against an order of the Rent Controller lies to the:
aDistrict Court
bRent Control Tribunal
cSupreme Court
dHigh Court of Chhattisgarh
Answer: B
Section 13(1) provides that a landlord or tenant aggrieved by an order of the Rent Controller may appeal, in the prescribed manner and time, to the Rent Control Tribunal.
Under the Chhattisgarh Rent Control Act, 2011, the term 'accommodation' includes:
aAny building or part of a building, residential or non-residential, leased by the landlord to the tenant, including open spaces and amenities
bAgricultural land let out together with a farmhouse
cOnly premises let out for commercial use
dOnly residential buildings let out for dwelling purposes
Answer: A
Section 2 defines 'accommodation' as any building or part of a building, residential or non-residential, leased by the landlord to the tenant, together with appurtenant open spaces, amenities and non-agricultural land.
Under the Chhattisgarh Land Revenue Code, 1959, the provision for reversion to a member of an aboriginal tribe of land which was transferred by fraud is contained in,
aSection 165
bSection 170-B
cSection 172
dSection 168
Answer: B
Section 170-B provides for reversion of land of members of an aboriginal tribe where the land was transferred by fraud, restoring it to the tribal Bhumiswami.
Under the Chhattisgarh Land Revenue Code, 1959, the diversion of land assessed for one purpose to any other purpose is governed by,
aSection 170
bSection 178
cSection 172
dSection 181
Answer: C
Section 172 deals with diversion of land, i.e. the use of land assessed for one purpose (such as agriculture) for any other purpose, requiring intimation/permission as prescribed.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
