Chhattisgarh Judiciary Mock Test 4 — Questions & Solutions
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Parliament may by law create an All India Judicial Service only if the Council of States (Rajya Sabha) has first declared by resolution, supported by not less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest to do so. This power is contained in,
aArticle 309
bArticle 311
cArticle 312
dArticle 320
Answer: C
Article 312 empowers Parliament to create an All India Judicial Service, but only after the Rajya Sabha passes a resolution by a two-thirds majority of members present and voting declaring it necessary in the national interest.
A litigant in Chhattisgarh wishes to invoke the writ jurisdiction not only for enforcement of fundamental rights but also for 'any other purpose'. Such wider writ jurisdiction is conferred by the Constitution upon,
aThe Supreme Court under Article 32
bThe High Court under Article 226
cThe District Court under Article 233
dThe Supreme Court under Article 136
Answer: B
Article 226 empowers a High Court to issue writs for enforcement of fundamental rights 'and for any other purpose', making its writ jurisdiction wider than that of the Supreme Court under Article 32, which is confined to fundamental rights.
The provision which Dr. B. R. Ambedkar described as the 'heart and soul of the Constitution', guaranteeing the right to move the Supreme Court directly for enforcement of fundamental rights, is,
aArticle 226
bArticle 14
cArticle 32
dArticle 21
Answer: C
Dr. B. R. Ambedkar called Article 32, which guarantees the right to move the Supreme Court for enforcement of fundamental rights, the 'heart and soul of the Constitution'.
Chhattisgarh contains substantial tribal regions notified as Scheduled Areas. The administration and control of Scheduled Areas and Scheduled Tribes in a State such as Chhattisgarh is governed by,
aThe Sixth Schedule read with Article 244(2)
bThe Fourth Schedule read with Article 80
cThe Seventh Schedule read with Article 246
dThe Fifth Schedule read with Article 244(1)
Answer: D
Article 244(1) makes the Fifth Schedule applicable to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram; Chhattisgarh is a Fifth Schedule State.
The power of the Governor of Chhattisgarh to promulgate Ordinances during the recess of the State Legislature is conferred by,
aArticle 213
bArticle 356
cArticle 200
dArticle 123
Answer: A
Article 213 empowers the Governor to promulgate Ordinances when the State Legislature is not in session; such an Ordinance must be laid before the Legislature and ceases to operate at the expiry of six weeks from its reassembly.
After the initial proclamation, the maximum total period for which a Proclamation of President's Rule under Article 356 in a State can ordinarily remain in operation, subject to periodic parliamentary approval and the conditions introduced by the Forty-fourth Amendment, is,
aTwo years
bOne year
cThree years
dSix months
Answer: C
A Proclamation under Article 356 is initially valid for six months and may be extended by parliamentary approval every six months up to a maximum of three years, subject to the conditions added by the Forty-fourth Amendment Act, 1978.
There shall be a High Court for each State. This guarantee is contained in,
aArticle 124
bArticle 214
cArticle 226
dArticle 233
Answer: B
Article 214 provides that there shall be a High Court for each State; in pursuance of this scheme the High Court of Chhattisgarh was constituted on the formation of the State.
The Finance Commission, which recommends the distribution of net proceeds of taxes between the Union and the States and the principles governing grants-in-aid to the States, is constituted by the President under,
aArticle 360
bArticle 280
cArticle 263
dArticle 293
Answer: B
Article 280 requires the President to constitute a Finance Commission, consisting of a Chairman and four other members, to make recommendations on the distribution of tax proceeds and grants-in-aid between the Union and the States.
Under the Constitution of India, appointment of persons to be district judges in any State is made by the Governor of the State in consultation with,
aThe State Public Service Commission
bThe Chief Justice of India
cThe Council of Ministers of the State
dThe High Court exercising jurisdiction in relation to such State
Answer: D
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
Control over district courts and courts subordinate thereto, including posting, promotion and grant of leave to persons of the judicial service holding posts inferior to that of a District Judge, is vested by the Constitution in,
aThe High Court
bThe Governor
cThe State Government
dThe Supreme Court
Answer: A
Article 235 vests in the High Court the control over district courts and courts subordinate to them, a cornerstone of the independence of the subordinate judiciary.
The provisions of the Fifth Schedule, which apply to the administration and control of Scheduled Areas (including such areas in Chhattisgarh), are referable to which Article of the Constitution?
aArticle 275
bArticle 243
cArticle 244(2)
dArticle 244(1)
Answer: D
Article 244(1) makes the Fifth Schedule applicable to the administration of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram; Chhattisgarh has notified Scheduled Areas under the Fifth Schedule.
An application by a defendant to set aside an ex parte decree passed against him is filed under which provision of the C.P.C.?
aOrder IX Rule 13
bOrder IX Rule 6
cOrder IX Rule 9
dOrder IX Rule 4
Answer: A
Order IX Rule 13 enables a defendant against whom an ex parte decree is passed to apply for setting it aside on showing sufficient cause for non-appearance; Rule 9 deals with dismissal for the plaintiff's default.
Section 89 of the C.P.C., as substituted in 1999, empowers the court to refer a dispute for settlement by which of the following modes?
aArbitration, conciliation, judicial settlement including Lok Adalat, or mediation
bArbitration only
cLok Adalat only
dArbitration and conciliation only
Answer: A
Section 89 lists four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation.
Under Order XXIII Rule 1 of the C.P.C., a plaintiff who withdraws a suit without the leave of the court reserving liberty to file a fresh suit,
aIs precluded from instituting any fresh suit in respect of the same subject-matter
bMay institute a fresh suit with the leave of the appellate court
cMay institute a fresh suit only after one year
dMay institute a fresh suit on the same cause of action as of right
Answer: A
Under Order XXIII Rule 1(4), a plaintiff who abandons or withdraws a suit without obtaining the court's permission to file a fresh suit is precluded from instituting any fresh suit in respect of the same subject-matter.
The doctrine of res judicata is embodied in which section of the C.P.C.?
aSection 10
bSection 13
cSection 9
dSection 11
Answer: D
Section 11 codifies res judicata, barring a court from trying a suit or issue already heard and finally decided by a competent court between the same parties; Section 10 deals with stay of suit (res sub judice).
An essential condition for the admission of a second appeal to the High Court under Section 100 of the C.P.C. is that the case involves,
aAn error of jurisdiction only
bA matter of public importance
cA substantial question of law
dA substantial question of fact
Answer: C
Section 100(1) permits a second appeal to the High Court only where the High Court is satisfied that the case involves a substantial question of law, which must be precisely formulated.
Stay of trial of a subsequently instituted suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties is provided under,
aSection 9
bSection 11
cSection 10
dSection 12
Answer: C
Section 10 embodies the rule of res sub judice and bars the trial of a subsequent suit where the matter in issue is directly and substantially in issue in a previously instituted pending suit between the same parties on the same title.
Under Section 96(2) of the C.P.C., an appeal may lie from,
aAn order of remand only
bAn original decree passed ex parte
cA decree in a small cause suit below ten thousand rupees on a question of fact
dA decree passed with the consent of the parties
Answer: B
Section 96(2) expressly allows an appeal from an original decree passed ex parte, while Section 96(3) bars an appeal from a decree passed with the consent of parties.
The power of a civil court to issue commissions is conferred by which section of the C.P.C.?
aSection 80
bSection 74
cSection 76
dSection 75
Answer: D
Section 75 empowers the court to issue commissions for purposes such as examining witnesses, making local investigations, examining accounts, and partition; the detailed procedure is in Order XXVI.
A defendant claiming a set-off in a suit for recovery of money must do so in accordance with which provision of the C.P.C.?
aOrder VIII Rule 1
bOrder VII Rule 11
cOrder VIII Rule 6
dOrder VI Rule 17
Answer: C
Order VIII Rule 6 deals with legal set-off, allowing a defendant in a suit for recovery of money to set off an ascertained sum of money legally recoverable from the plaintiff, at or before the first hearing.
Rejection of a plaint where it does not disclose a cause of action, or is undervalued and not corrected, or insufficiently stamped, is provided under,
aOrder VII Rule 1
bOrder VII Rule 11
cOrder IX Rule 2
dOrder VI Rule 16
Answer: B
Order VII Rule 11 enumerates the grounds on which a plaint shall be rejected, including non-disclosure of cause of action, undervaluation not corrected within time, insufficient stamping, and bar by law.
Under the law of limitation read with Article 136 of the Limitation Act, 1963, an application for execution of a decree (other than a decree granting a mandatory injunction) must ordinarily be made within,
aThree years from the date of the decree
bSix years from the date of the decree
cThirty years from the date of the decree
dTwelve years from the date the decree becomes enforceable
Answer: D
Execution of decrees is governed by Order XXI; under Article 136 of the Limitation Act, 1963 the period for executing a decree (except one granting a mandatory injunction) is twelve years from the date the decree becomes enforceable.
Under the Bharatiya Nyaya Sanhita, 2023, when murder is committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief, it is punishable under:
aSection 111
bSection 103(2)
cSection 117
dSection 103(1)
Answer: B
Section 103(2) BNS specifically punishes mob lynching, i.e. murder by a group of five or more persons on the specified discriminatory grounds.
Which of the following is NOT an essential ingredient of theft as defined under Section 303 of the Bharatiya Nyaya Sanhita, 2023?
aMovable property
bMoving of the property out of possession
cDishonest intention
dPermanent deprivation of the owner
Answer: D
Section 303 BNS requires dishonest intention to take movable property out of another's possession without consent and moving it; permanent deprivation is not a necessary ingredient.
Under the Bharatiya Nyaya Sanhita, 2023, when does an agreement amount to a criminal conspiracy without any act besides the agreement being necessary?
aWhen the agreement is merely to do a civil wrong
bWhen the agreement is to commit an offence
cWhen the agreement is to commit any offence whatsoever
dOnly when an overt act in pursuance of the agreement is done
Answer: B
Under Section 61 BNS, where the agreement is to commit an offence, the agreement itself is criminal conspiracy; an overt act is required only where the agreement is to do an act that is not itself an offence.
An assembly of five or more persons is designated an 'unlawful assembly' under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 190
bSection 187
cSection 191
dSection 189
Answer: D
Section 189 BNS defines unlawful assembly (corresponding to the old Section 141 IPC), requiring five or more persons with a common object specified therein.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the concept of "Zero FIR"—that information relating to the commission of a cognizable offence may be registered at any police station irrespective of the area where the offence was committed—is statutorily recognised in which provision?
aSection 175
bSection 173
cSection 190
dSection 154
Answer: B
Section 173(1) of the BNSS, 2023 statutorily recognises Zero FIR by permitting registration of a cognizable offence at any police station, irrespective of jurisdiction. Section 173 of the BNSS corresponds to the old Section 154 CrPC.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years and the person to be arrested 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—
aJudicial Magistrate of the first class
bSuperintendent of Police
cDeputy Superintendent of Police
dOfficer in charge of the police station
Answer: C
The proviso to Section 35(7) of the BNSS bars arrest of an infirm person or a person above sixty years, for offences punishable with less than three years, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the recording of search and seizure through audio-video electronic means (preferably mobile phone), and forwarding of such recording to the Magistrate without delay, is mandated by—
aSection 105
bSection 165
cSection 103
dSection 100
Answer: A
Section 105 of the BNSS, 2023 makes it mandatory to record the process of search and seizure, including preparation and signing of the seizure list by witnesses, through audio-video electronic means, preferably a mobile phone.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the mandatory visit of a forensic expert to the scene of crime to collect forensic evidence applies to offences punishable with imprisonment of—
aSeven years or more
bFive years or more
cTen years or more
dThree years or more
Answer: A
Section 176(3) of the BNSS requires the officer in charge to cause a forensic expert to visit the crime scene and videograph the process for offences made punishable with imprisonment of seven years or more.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a departure from the old CrPC scheme is that the fifteen days of custody of a police officer—
aMust be availed only within the first fifteen days of arrest
bCan never exceed seven days at a time
cHas been abolished altogether
dMay be sought in whole or in parts at any time during the first forty or sixty days of the detention period
Answer: D
Section 187 of the BNSS permits the fifteen days police custody to be taken in whole or in parts during the initial forty days (where detention is sixty days) or sixty days (where detention is ninety days), unlike the old CrPC which confined it to the first fifteen days.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, further investigation after filing of the police report and submission of a supplementary chargesheet ordinarily must be completed within—
a60 days
b30 days
c90 days
d180 days
Answer: C
Section 193(9) of the BNSS allows further investigation with the permission of the trial court, which ordinarily shall be completed within ninety days (extendable by the court). This is a new statutory time-limit absent in the old CrPC.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining must be filed within—
aSixty days from the date of cognizance
bNinety days from the date of arrest
cAny time before pronouncement of judgment
dThirty days from the date of framing of charge
Answer: D
Section 290 of the BNSS provides that an accused may file an application for plea bargaining within thirty days from the date of framing of charge—a fixed time-limit which the old CrPC did not prescribe.
The provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 enabling the trial of a proclaimed offender in his absence (trial in absentia) where there is no immediate prospect of arresting him is—
aSection 339
bSection 356
cSection 84
dSection 299
Answer: B
Section 356 of the BNSS is a new provision permitting trial and pronouncement of judgment in absentia against a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arrest.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation cast on every State Government to prepare and notify a Witness Protection Scheme is contained in—
aSection 357
bSection 396
cSection 398
dSection 400
Answer: C
Section 398 of the BNSS, 2023 statutorily mandates every State Government to prepare and notify a Witness Protection Scheme to ensure protection of witnesses—a provision newly introduced in the Sanhita.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (with no previous conviction) who is an undertrial prisoner shall ordinarily be released on bond once he has undergone detention up to—
aOne-fourth of the maximum period of imprisonment for the offence
bOne-third of the maximum period of imprisonment for the offence
cOne-half of the maximum period of imprisonment for the offence
dThe full maximum period of imprisonment for the offence
Answer: B
Section 479 of the BNSS introduces a special benefit: a first-time offender with no prior conviction shall be released on bond on undergoing detention up to one-third of the maximum imprisonment (the general rule being one-half), excluding offences punishable with death or life imprisonment.
A statement made by a person as to the cause of his death, or as to the circumstances of the transaction which resulted in his death (dying declaration), is made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 26
bSection 25
cSection 24
dSection 27
Answer: A
Section 26(a) of the BSA makes a dying declaration relevant, and such a declaration is admissible whether or not the maker was under expectation of death at the time.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against an accused, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This is provided under,
aSection 136
bSection 138
cSection 139
dSection 137
Answer: B
Section 138 of the BSA declares an accomplice a competent witness and, as enacted, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the repealed Section 133 IEA had used the word 'uncorroborated').
The rule that no particular number of witnesses shall in any case be required for the proof of any fact is laid down in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 142
bSection 139
cSection 140
dSection 138
Answer: B
Section 139 of the BSA provides that no particular number of witnesses is required for proof of any fact, embodying the maxim that evidence is weighed, not counted.
Where a question arises whether a person committed a dowry death and it is shown that soon before her death the woman was subjected to cruelty or harassment in connection with a demand for dowry, the court shall presume that such person caused the dowry death. This presumption is contained in,
aSection 119
bSection 120
cSection 118
dSection 117
Answer: C
Section 118 of the BSA raises a mandatory presumption of dowry death where cruelty or harassment for dowry soon before death is proved.
The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy under,
aSection 118
bSection 117
cSection 116
dSection 115
Answer: C
Section 116 of the BSA makes birth during a valid marriage (or within 280 days of its dissolution) conclusive proof of legitimacy, rebuttable only by proof of non-access.
In a prosecution for rape, where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, the court shall presume absence of consent. This presumption is contained in,
aSection 120
bSection 118
cSection 119
dSection 117
Answer: A
Section 120 of the BSA directs the court to presume absence of consent in certain rape prosecutions once intercourse is proved and the prosecutrix denies consent.
When the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of specially skilled persons are relevant. Such persons are dealt with under,
aSection 44
bSection 39
cSection 45
dSection 41
Answer: B
Section 39 of the BSA makes the opinions of experts on foreign law, science, art, handwriting or finger impressions relevant facts.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a married person cannot be compelled to disclose any communication made to him during marriage by his spouse, except in suits between the married persons or in prosecutions of one for a crime against the other. This privilege is provided under,
aSection 128
bSection 126
cSection 129
dSection 127
Answer: A
Section 128 of the BSA protects communications made between spouses during marriage, subject to the exceptions of inter-spousal suits and prosecutions of one spouse against the other.
When one person has, by his declaration, act or omission, intentionally caused or permitted another to believe a thing to be true and to act upon that belief, he is not allowed to deny its truth in any suit between them. This doctrine is embodied in,
aSection 120
bSection 119
cSection 122
dSection 121
Answer: D
Section 121 of the BSA codifies the doctrine of estoppel, preventing a person from denying what he intentionally led another to believe and act upon.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for manufacturing purposes is, under Section 106 of the Transfer of Property Act, deemed to be a lease:
afrom year to year, terminable by six months' notice
bfrom year to year, terminable by fifteen days' notice
cfor a fixed term of one year, not terminable by notice
dfrom month to month, terminable by fifteen days' notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be a lease from year to year, terminable on the part of either lessor or lessee by six months' notice; leases for any other purpose are month to month, terminable by fifteen days' notice.
A lessor gives the lessee a valid notice to quit; the notice period expires but the lessee remains in possession, and the lessor then accepts rent for a subsequent period. Following the principle in Section 113 of the Transfer of Property Act, the effect of giving such a second notice or accepting rent is generally to:
amake both the first and second notices effective cumulatively
bautomatically determine the lease without any fresh notice
cwaive the earlier notice to quit
dconvert the lease into a permanent tenancy
Answer: C
Section 113 provides that a notice to quit is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting, such as acceptance of rent or giving a fresh notice.
Under Section 105 of the Transfer of Property Act, the consideration paid periodically or on specified occasions by the transferee (lessee) to the transferor (lessor) for a lease of immovable property is called the:
apremium
bearnest money
crent
dsalami
Answer: C
Section 105 defines a lease; the price paid or promised, or money, share of crops, service or other thing of value to be rendered periodically or on specified occasions, is called the rent, while a price paid as a lump sum is the premium.
Under Section 122 of the Transfer of Property Act, a valid "gift" of existing movable or immovable property requires that the transfer be:
amade by way of a will taking effect after the donor's death
bmade for adequate consideration and registered
cmade only in favour of a relative within prohibited degrees
dmade voluntarily and without consideration, and accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving
Answer: D
Section 122 defines gift as a voluntary transfer of existing property, made without consideration, by the donor to the donee; it must be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving.
Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burdened by an obligation, Section 127 of the Transfer of Property Act provides that the donee:
ais bound to accept only the burdened thing
bmay accept the beneficial things and reject the burdened thing
ccan take nothing by the gift unless he accepts it fully
dmay accept any part of the gift without any obligation attaching
Answer: C
Section 127 (onerous gifts) provides that where a single transfer of several things includes one burdened by an obligation and others not so burdened, the donee can take nothing by the gift unless he accepts it fully; this rests on the maxim qui sentit commodum sentire debet et onus.
Under Section 25 of the Transfer of Property Act, an interest created on a transfer of property which is made to take effect only on the fulfilment of a condition that is impossible, forbidden by law, immoral or opposed to public policy is:
avalid, the condition being disregarded as surplusage
bvalid only to the extent of half the interest
cvoid
dvoidable at the option of the transferee
Answer: C
Section 25 provides that an interest dependent on a condition the fulfilment of which is impossible, or forbidden by law, fraudulent, involving injury to person or property of another, immoral or opposed to public policy, fails; the transfer is void.
Under Section 5 of the Transfer of Property Act, 1882, the expression "transfer of property" means an act by which a living person conveys property to:
athe State Government exclusively
ba deceased person through his legal representative
cone or more other living persons only, and not to himself
done or more other living persons, or to himself, or to himself and one or more other living persons
Answer: D
Section 5 defines transfer of property as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; "living person" includes a company, association or body of individuals.
Which of the following is NOT a property that can be transferred under Section 6 of the Transfer of Property Act, 1882?
aAn ascertained share in property
bA leasehold interest in immovable property
cA right of way already attached to land along with the land
dThe chance of an heir-apparent succeeding to an estate (spes successionis)
Answer: D
Section 6(a) bars transfer of the mere chance of an heir-apparent succeeding to an estate (spes successionis), the chance of a relation obtaining a legacy, or any other mere possibility of a like nature.
Section 170 of the Indian Contract Act deals with:
abailee's particular lien
bfinder's lien
cright of stoppage in transit
dgeneral lien of bankers
Answer: A
Section 170 confers a particular lien on a bailee who has, by labour or skill, bestowed work on the goods bailed, entitling him to retain those particular goods for his charges.
A 'contract of guarantee' under Section 126 of the Indian Contract Act:
amay be either oral or written
bis necessarily a two-party contract
cmust always be in writing
drequires registration to be valid
Answer: A
Section 126 expressly provides that a guarantee may be either oral or written; it is a tripartite arrangement involving the surety, principal debtor and creditor.
Under Section 124 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other from loss caused:
aonly by an act of God
bby any natural event whatsoever
conly by the default of a third person
dby the conduct of the promisor himself or by the conduct of any other person
Answer: D
Section 124 defines indemnity as a promise to save the promisee from loss caused by the conduct of the promisor himself or by the conduct of any other person.
Under Section 202 of the Indian Contract Act, where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency:
acannot, in the absence of an express contract, be terminated to the prejudice of such interest
bcan be revoked at any time by the principal
cis void from the beginning
dterminates automatically on the death of the principal
Answer: A
Section 202 provides that an agency coupled with interest cannot, in the absence of an express contract, be terminated to the prejudice of the agent's interest, and survives the principal's death or insanity.
Under Section 230 of the Indian Contract Act, in the absence of any contract to that effect, an agent:
ais always personally liable to third parties
bcannot personally enforce, nor is he personally bound by, contracts entered into on behalf of his principal
cis never liable even where he expressly contracts so
dcan personally enforce, and is personally bound by, contracts entered into on behalf of his principal
Answer: B
Section 230 lays down the general rule that, absent a contract to that effect, an agent can neither personally enforce contracts made on behalf of the principal nor be personally bound by them.
Section 65 of the Indian Contract Act provides that when an agreement is discovered to be void, or when a contract becomes void, any person who has received an advantage under it is bound to:
apay double its value as penalty
brestore it, or make compensation for it, to the person from whom he received it
cdo nothing, as a void agreement creates no obligation
dretain the advantage as compensation
Answer: B
Section 65 imposes a duty of restitution: a person who received an advantage under an agreement discovered to be void, or a contract that became void, must restore it or make compensation.
Under Section 30 of the Indian Contract Act, agreements by way of wager are:
avoidable at the option of the winner
bvoid, and no suit lies to recover anything alleged to be won
cvalid and enforceable
dillegal and punishable as a criminal offence
Answer: B
Section 30 declares wagering agreements void and bars any suit for recovering anything won on a wager or entrusted to abide the result of an uncertain event.
Under the Limitation Act, 1963 the bar of limitation provided in Section 3 operates such that a suit instituted after the prescribed period shall be dismissed,
aonly after the court grants the defendant leave to raise it
bonly where the plaintiff admits the delay
ceven though limitation has not been set up as a defence
donly if the defendant pleads limitation in his written statement
Answer: C
Section 3 of the Limitation Act, 1963 mandates that every suit, appeal or application made after the prescribed period shall be dismissed although limitation has not been set up as a defence; the court must take note of it suo motu.
The power to condone delay on the ground of 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available in respect of,
aappeals and applications (other than an application under any provision of Order XXI, CPC), but not suits
bsuits and applications only
cevery suit, appeal and application
dsuits and appeals only
Answer: A
Section 5 permits extension of the prescribed period for appeals and applications (excluding applications under Order XXI CPC) where sufficient cause is shown; it does not apply to suits, for which Section 3 is strict.
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the proceeding,
amay be filed only with the leave of the High Court
bmust be filed within fifteen days of reopening
cmay be instituted on the day the court reopens
dstands barred and cannot be entertained thereafter
Answer: C
Section 4 of the Limitation Act, 1963 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
A person entitled to institute a suit is, at the time from which the prescribed period is reckoned, a minor. Under Section 6 of the Limitation Act, 1963 he may institute the suit,
aat any time without limitation
bonly before attaining majority
cwithin thirty years irrespective of cessation of disability
dwithin the same period after the disability has ceased as would otherwise have been allowed from the time prescribed
Answer: D
Section 6 allows a person under legal disability (minority, insanity or idiocy) at the time limitation begins to run to institute the suit or make the application after the disability ceases, within the same period as would otherwise be allowed from the time prescribed.
Under the Limitation Act, 1963 the principle that once time has begun to run no subsequent disability or inability stops it is contained in,
aSection 7
bSection 8
cSection 9
dSection 12
Answer: C
Section 9 of the Limitation Act, 1963 lays down that where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it, subject to the proviso relating to letters of administration.
After the Specific Relief (Amendment) Act, 2018, which of the following best describes the position of specific performance of a contract under Section 10 of the Specific Relief Act, 1963?
aIt is wholly within the unfettered discretion of the court and no party can claim it as of right
bIt is to be enforced by the court as a matter of course, subject only to Sections 11(2), 14 and 16
cIt is granted only where the court, in its discretion, finds compensation inadequate
dIt can never be granted where the subject-matter is movable property
Answer: B
The 2018 amendment recast Section 10 so that specific performance 'shall be enforced by the court subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16', removing the earlier discretionary 'adequacy of compensation' test and making specific performance a general rule.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property otherwise than in due course of law must be brought within how long from the date of dispossession?
aSix months
bThree months
cTwelve months
dThirty days
Answer: A
Section 6(2) bars any suit under that section after the expiry of six months from the date of dispossession, and also bars such a suit against the Government.
Which of the following is NOT a bar to a suit instituted under Section 6 of the Specific Relief Act, 1963?
aAn appeal or review is sought from a decree passed in such a suit
bThe suit is brought after six months from the date of dispossession
cThe plaintiff was dispossessed without his consent and otherwise than in due course of law
dThe suit is brought against the Government
Answer: C
Dispossession without consent and otherwise than in due course of law is precisely the foundation of a Section 6 suit, not a bar; the time bar (six months), suits against the Government, and appeal/review are all barred by Section 6.
Section 20A of the Specific Relief Act, 1963 (inserted by the 2018 Amendment) makes special provision in respect of contracts relating to:
aTrusts and trust property
bAgricultural land tenancy
cPersonal service contracts
dInfrastructure projects specified in the Schedule
Answer: D
Section 20A bars the grant of an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule, where it would cause impediment or delay in the progress or completion of such project.
Section 14A of the Specific Relief Act, 1963, inserted by the 2018 Amendment, empowers the court to:
aAppoint a receiver over the suit property
bRefer the dispute to compulsory arbitration
cEngage one or more experts to assist on any specific issue involved in the suit
dAward punitive damages in addition to specific performance
Answer: C
Section 14A permits the court, where it considers necessary, to engage one or more experts to obtain their opinion on any specific issue, and the expert's report forms part of the record of the suit.
Under Section 4 of the Negotiable Instruments Act, 1881, a promissory note is an instrument in writing containing an unconditional undertaking to pay a certain sum of money. Which of the following is expressly excluded from being a promissory note?
aA demand draft
bAn instrument payable at a fixed future date
cA bank note or a currency note
dAn instrument payable to a specified person only
Answer: C
Section 4 defines a promissory note as a written, signed, unconditional undertaking to pay a certain sum, but expressly excludes a bank note or a currency note from the definition.
Under Section 6 of the Negotiable Instruments Act, 1881, a cheque is best described as:
aA promissory note payable on demand
bA bill of exchange drawn on a specified banker and payable otherwise than on demand
cAny inland instrument drawn upon a person resident in India
dA bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, including its electronic and truncated forms
Answer: D
Section 6 defines a cheque as a bill of exchange drawn on a specified banker, payable on demand, and (post-2002 amendment) includes the electronic image of a truncated cheque and a cheque in electronic form.
Where the amount payable on a negotiable instrument is stated differently in figures and in words, Section 18 of the Negotiable Instruments Act, 1881 provides that the amount to be paid is:
aTreated as void for uncertainty
bThe lower of the two amounts
cThe amount stated in words
dThe amount stated in figures
Answer: C
Under Section 18, if the amount is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.
Under Section 25 of the Negotiable Instruments Act, 1881, when the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument is deemed to be due:
aOn the next preceding business day
bOn the public holiday itself
cOn the next succeeding business day
dWithin three days after the holiday
Answer: A
Section 25 provides that when the day of maturity is a public holiday, the instrument is deemed to be due on the next preceding business day; public holiday includes Sundays.
As per Section 26 of the Negotiable Instruments Act, 1881, a minor may make, draw, indorse, deliver and negotiate a negotiable instrument so as to:
aBind himself alone but no other party
bBind no party at all, the instrument being void
cBind all parties including himself
dBind all parties except himself
Answer: D
Section 26 allows a minor to draw, indorse, deliver and negotiate an instrument so as to bind all parties except himself, since he lacks capacity to incur personal liability.
Under Section 71 of the Registration Act, 1908, a Sub-Registrar refusing to register a document is required to
aforward the document to the District Court within thirty days
brefer the matter to the Inspector-General of Registration for orders
crecord his reasons in Book No. 2 and endorse the words 'registration refused' on the document
dregister it subject to payment of a penalty
Answer: C
Section 71 requires a Sub-Registrar refusing registration (except on the ground that the property is not within his sub-district) to make an order of refusal, record his reasons in Book No. 2, and endorse the words 'registration refused' on the document.
Under Section 72 of the Registration Act, 1908, an appeal against an order of a Sub-Registrar refusing to register a document (on a ground other than denial of execution) lies to the Registrar, and must be presented within
afour months from the date of the order
bsixty days from the date of the order
cninety days from the date of the order
dthirty days from the date of the order
Answer: D
Section 72 allows an appeal to the Registrar against a Sub-Registrar's refusal to register on a ground other than denial of execution, if presented within thirty days of the order; the Registrar may reverse or alter the order.
Under Section 77 of the Registration Act, 1908, where the Registrar refuses to order a document to be registered under Section 72 or Section 76, the person claiming under the document may institute a civil suit for a decree directing registration within
aninety days from the making of the order of refusal
bthirty days from the making of the order of refusal
csixty days from the making of the order of refusal
done year from the making of the order of refusal
Answer: B
Section 77 permits a suit in the civil court within thirty days after the order of refusal by the Registrar, for a decree directing the document to be registered, provided it is then presented within thirty days after the decree.
Where the delay in presentation of a document does not exceed four months, the Registrar under Section 25 of the Registration Act, 1908 may accept it for registration on payment of a fine not exceeding:
aten times the amount of the proper registration fee
bthe amount of the proper registration fee
ctwice the amount of the proper registration fee
dfive times the amount of the proper registration fee
Answer: A
Section 25 empowers the Registrar, where the delay does not exceed four months, to direct registration on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under Section 48 of the Chhattisgarh Excise Act, 1915, the Excise Commissioner or the Collector may compound certain offences or impose a penalty in lieu of cancellation or suspension by accepting a sum of money not exceeding:
aTen thousand rupees
bOne lakh rupees
cFifty thousand rupees
dFive thousand rupees
Answer: A
Section 48(1) allows the Excise Commissioner or Collector to accept a sum not exceeding ten thousand rupees by way of composition or as penalty.
Under Section 25 of the Chhattisgarh Excise Act, 1915, an excise duty or countervailing duty, if the State Government so directs, shall be levied on:
aAll excisable articles other than medicinal preparations
bOnly tari drawn for home consumption
cOnly foreign liquor imported across a customs frontier
dOnly denatured spirituous preparations
Answer: A
Section 25(1) provides that an excise duty or countervailing duty may, if the State Government so directs, be levied on all excisable articles other than medicinal preparations.
Under Section 2 of the Chhattisgarh Excise Act, 1915, the expression "liquor" includes:
aOnly spirit obtained by distillation
bOnly fermented beverages made from malt
cBhang, ganja and charas
dSpirits of wine, spirit, wine, tari and beer, and all liquid consisting of or containing alcohol
Answer: D
Section 2(13) defines "liquor" as intoxicating liquor, and includes spirits of wine, spirit, wine, tari, beer and all liquid consisting of or containing alcohol.
Under Section 23 of the Chhattisgarh Excise Act, 1915, no person who is licensed to sell intoxicants shall sell or deliver any liquor or intoxicating drug to any person apparently under the age of:
aTwenty years
bTwenty-one years
cTwenty-five years
dEighteen years
Answer: B
Section 23 of the Chhattisgarh Excise Act, 1915 prohibits a licensed seller from selling or delivering liquor or any intoxicating drug to any person apparently under the age of twenty-one years.
Under the Chhattisgarh Rent Control Act, 2011, 'social nuisance' by a tenant is defined with reference to the acts enumerated in:
aSchedule 3 to the Act
bSchedule 4 to the Act
cSchedule 2 to the Act
dSchedule 1 to the Act
Answer: B
Section 2 ties 'social nuisance' to a tenant frequently using the accommodation to commit acts listed in Schedule 4, which sets out the tenant's obligations and prohibited conduct.
Under the Chhattisgarh Rent Control Act, 2011, the obligations of the landlord are enumerated in:
aSchedule 2
bSchedule 3
cSchedule 1
dSchedule 4
Answer: B
Section 12 read with the Schedules sets out Schedule 1 (tenant's rights), Schedule 2 (landlord's rights), Schedule 3 (landlord's obligations) and Schedule 4 (tenant's obligations); the landlord's obligations are in Schedule 3.
Under the Chhattisgarh Rent Control Act, 2011, where rent fixation proceedings are pending before the Rent Controller, which power does he exercise pending final determination?
aPower to fix an interim rent payable by the tenant
bPower to order immediate eviction of the tenant
cPower to attach the landlord's title
dPower to refer the matter to arbitration
Answer: A
Section 11 empowers the Rent Controller to pass a provisional order specifying the interim rent payable while an application for fixation of rent is pending.
Under section 7 of the Court-Fees Act, 1870, in a suit for possession of land which pays revenue to the Government settled permanently, the value for purposes of computing fee is,
aFifteen times the revenue so payable
bFive times the revenue so payable
cTwenty times the revenue so payable
dTen times the revenue so payable
Answer: D
Under section 7(v) of the Court-Fees Act, 1870, where the land forms an entire estate paying annual revenue settled permanently, the value is ten times the revenue so payable.
Under the Court-Fees Act, 1870, the procedure in case of a difference as to the necessity of paying a fee or as to the amount thereof is provided in,
aSection 12
bSection 7
cSection 5
dSection 4
Answer: C
Section 5 of the Court-Fees Act, 1870 lays down the procedure where a difference arises as to the necessity of paying a fee, or the amount of the fee, on documents filed in the High Court.
Under the Chhattisgarh Land Revenue Code, 1959, the 'Nistar Patrak' embodying a scheme of management of unoccupied land and other matters of village nistar is prepared under,
aSection 234
bSection 248
cSection 232
dSection 242
Answer: A
Section 234 provides for preparation of the Nistar Patrak, which records the scheme of management of unoccupied land and the rights of villagers in respect of nistar.
Under the Chhattisgarh Land Revenue Code, 1959, the 'Wajib-ul-arz' recording customs in respect of matters such as rights to irrigation and rights of way is provided under,
aSection 250
bSection 238
cSection 234
dSection 242
Answer: D
Section 242 provides for the Wajib-ul-arz, a record of customs in each village in respect of matters such as rights to irrigation, way and other easements.
Under the Chhattisgarh Land Revenue Code, 1959, the 'record-of-rights' for every village is maintained under,
aSection 114
bSection 108
cSection 120
dSection 104
Answer: B
Section 108 provides for the record-of-rights to be maintained for every village, containing particulars of all Bhumiswamis and other persons holding land.
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