Chhattisgarh Judiciary Mock Test 5 — Questions & Solutions
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Under Article 243D of the Constitution, the seats reserved for women in every Panchayat (filled by direct election) shall be,
aNot less than one-third of the total seats
bNot less than one-fourth of the total seats
cExactly one-half of the total seats
dAs may be fixed by the State Legislature
Answer: A
Article 243D(3) requires that not less than one-third of the total number of seats to be filled by direct election in every Panchayat (including seats reserved for SC and ST women) be reserved for women.
The Finance Commission under Article 280 is constituted by the President at the expiration of every,
aFourth year or at such earlier time as the President considers necessary
bFifth year or at such earlier time as the President considers necessary
cSixth year or at such earlier time as the President considers necessary
dThird year or at such earlier time as the President considers necessary
Answer: B
Article 280(1) requires the President to constitute a Finance Commission at the expiration of every fifth year, or at such earlier time as the President considers necessary.
Under Article 217(1) a High Court Judge retires at sixty-two years; the age, originally sixty, was raised to sixty-two by the Constitution (Fifteenth Amendment) Act, 1963.
The right to move the Supreme Court for the enforcement of Fundamental Rights, described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution, is guaranteed by,
aArticle 226
bArticle 14
cArticle 21
dArticle 32
Answer: D
Article 32 itself is a Fundamental Right guaranteeing the right to move the Supreme Court by appropriate proceedings for enforcement of the rights in Part III; Dr. Ambedkar called it the heart and soul of the Constitution.
The power of a High Court to issue writs is, when compared with that of the Supreme Court under Article 32, wider because Article 226 permits issuance of writs,
aFor enforcement of Fundamental Rights and 'for any other purpose'
bOnly against the State Government
cOnly in revenue matters
dOnly for enforcement of Fundamental Rights
Answer: A
Article 226 empowers a High Court to issue writs for the enforcement of Fundamental Rights and 'for any other purpose', making its writ jurisdiction wider in scope than the Supreme Court's Article 32 power, which is confined to Fundamental Rights.
The 'basic structure' doctrine, limiting Parliament's amending power under Article 368, was propounded by the Supreme Court in,
aSajjan Singh v. State of Rajasthan
bShankari Prasad v. Union of India
cI.C. Golak Nath v. State of Punjab
dKesavananda Bharati v. State of Kerala
Answer: D
In Kesavananda Bharati v. State of Kerala (1973), a thirteen-Judge Bench held that Parliament's power to amend under Article 368 does not extend to altering the basic structure of the Constitution.
A Proclamation of Emergency on the ground of financial emergency is issued under which Article of the Constitution?
aArticle 356
bArticle 365
cArticle 352
dArticle 360
Answer: D
Article 360 empowers the President to proclaim a financial emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its territory is threatened.
A Bill pending in the Legislative Assembly of a State does not lapse merely because of a prorogation of the House; however, the express right to address and send messages to the State Legislature is conferred on the Governor by,
aArticle 200
bArticle 213
cArticle 174
dArticle 175
Answer: D
Article 175 confers on the Governor the right to address and to send messages to the House or Houses of the State Legislature; Article 174 deals with sessions, prorogation and dissolution.
The Constitution of India was adopted, enacted and given to themselves by the people of India through the Constituent Assembly on,
a26th November 1950
b15th August 1947
c26th January 1950
d26th November 1949
Answer: D
The Preamble records that the Constitution was adopted, enacted and given by the people on the 26th day of November, 1949; it came into force on 26th January 1950.
When a Bill, after passage by the State Legislature, is reserved by the Governor for the consideration of the President, the power of the President to assent, withhold assent, or direct the Governor to return it is found in,
aArticle 254
bArticle 213
cArticle 200
dArticle 201
Answer: D
Article 201 governs Bills reserved by the Governor for the President's consideration, allowing the President to assent, withhold assent, or direct the Governor to return a non-money Bill to the House for reconsideration.
The power of a civil court to amend any defect or error in any proceeding so as to determine the real question or issue is conferred by,
aSection 153
bSection 148
cSection 151
dSection 152
Answer: A
Section 153 confers a general power on the court to amend, at any time and on such terms as it thinks fit, any defect or error in any proceeding in a suit so as to determine the real question or issue between the parties.
Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try:
aonly suits relating to immovable property situate within its local limits
ball suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred
call suits whether of a civil or criminal nature
donly those suits which are expressly conferred on it by a statute
Answer: B
Section 9 CPC provides that courts shall (subject to the provisions therein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The doctrine of res judicata is embodied in which provision of the Code of Civil Procedure, 1908?
aSection 11
bSection 10
cSection 13
dSection 12
Answer: A
Section 11 CPC embodies res judicata, barring a court from trying any suit or issue which has been directly and substantially in issue in a former suit between the same parties and finally decided. Section 10 deals with stay of suit (res sub judice).
Under Section 2(2) of the Code of Civil Procedure, 1908, which of the following is expressly deemed to be a 'decree'?
aOrder returning a plaint to be presented to the proper court
bAn order of dismissal for default
cRejection of a plaint
dAny adjudication from which an appeal lies as an appeal from an order
Answer: C
Section 2(2) CPC provides that 'decree' shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include an order of dismissal for default or an adjudication from which an appeal lies as an appeal from an order.
As per the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908, the outer time-limit within which a defendant ordinarily has to file his written statement from the date of service of summons is:
asixty days
bone hundred and twenty days
cninety days
dthirty days
Answer: C
Order VIII Rule 1 CPC requires the written statement within thirty days, extendable by the court for reasons recorded in writing, but not later than ninety days from the date of service of summons.
In Kailash v. Nanhku (2005), the Supreme Court held that the ninety-day time-limit for filing a written statement under the proviso to Order VIII Rule 1 CPC is:
aapplicable only to suits on the original side of a High Court
bmandatory and imperative in all cases
cwholly without statutory force
ddirectory and not mandatory, the court retaining power to extend in exceptional cases
Answer: D
In Kailash v. Nanhku (2005) the Supreme Court held that the ninety-day limit under the proviso to Order VIII Rule 1 is directory and not mandatory, and the court may permit a delayed written statement in exceptional situations.
Order VII Rule 11 of the Code of Civil Procedure, 1908 deals with:
aframing of issues
brejection of plaint
creturn of plaint
damendment of pleadings
Answer: B
Order VII Rule 11 CPC empowers the court to reject a plaint, inter alia, where it does not disclose a cause of action, the relief claimed is undervalued, or the suit appears barred by law.
The power of a court to allow either party to alter or amend his pleadings at any stage of the proceedings is contained in:
aOrder I Rule 10
bOrder VII Rule 14
cOrder VI Rule 17
dOrder II Rule 2
Answer: C
Order VI Rule 17 CPC permits the court at any stage of the proceedings to allow either party to alter or amend his pleadings on just terms for determining the real questions in controversy.
Setting aside of a decree passed ex parte against a defendant is provided for under:
aOrder IX Rule 4
bOrder IX Rule 13
cOrder IX Rule 6
dOrder IX Rule 9
Answer: B
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree is passed to apply for setting it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing.
No suit shall be instituted against the Government, in respect of any act purporting to be done in official capacity, until the expiration of how many months after a written notice has been delivered, as required under Section 80 CPC?
asix months
bone month
cthree months
dtwo months
Answer: D
Section 80 CPC bars institution of such a suit until the expiration of two months next after a written notice has been delivered to or left at the office of the prescribed authority.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where:
athe appellant is aggrieved by a finding of fact
bthe value of the subject-matter exceeds rupees one lakh
cboth parties consent to the appeal
dthe case involves a substantial question of law
Answer: D
Section 100 CPC provides that a second appeal lies to the High Court from an appellate decree only if the High Court is satisfied that the case involves a substantial question of law.
Under the Bharatiya Nyaya Sanhita, 2023, an attempt to commit suicide with intent to compel or restrain any public servant from discharging his official duty is punishable under:
aSection 226
bSection 309
cSection 115 of the Mental Healthcare Act
dSection 224
Answer: A
Section 226 BNS punishes an attempt to commit suicide undertaken to compel or restrain a public servant from exercising his lawful power.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided in:
aSection 105
bSection 101
cSection 107
dSection 103
Answer: D
Section 103(1) of the BNS provides that whoever commits murder shall be punished with death or imprisonment for life and fine. Section 101 only defines murder.
The newly created offence of murder by a group of five or more persons acting in concert on the ground of race, caste, community, sex, language or personal belief (mob lynching) is dealt with under which provision of the BNS, 2023?
aSection 103(2)
bSection 111
cSection 117(2)
dSection 113
Answer: A
Section 103(2) of the BNS specifically punishes murder committed by a group of five or more persons on discriminatory grounds, each member being liable to death, imprisonment for life, or imprisonment of not less than seven years.
Punishment for culpable homicide not amounting to murder under the BNS, 2023 is contained in:
aSection 106
bSection 105
cSection 100
dSection 103
Answer: B
Section 105 of the BNS prescribes the punishment for culpable homicide not amounting to murder (imprisonment for life or up to ten years, depending on intent or knowledge).
Cruelty by a husband or relative of a husband against a woman, corresponding to the old Section 498A IPC, is now punishable under which section of the BNS, 2023?
aSection 84
bSection 80
cSection 85
dSection 86
Answer: C
Section 85 of the BNS punishes cruelty by the husband or his relatives, while Section 86 separately defines what amounts to 'cruelty'.
Under the BNS, 2023 the offence of 'dowry death' is dealt with in:
aSection 80
bSection 85
cSection 113
dSection 79
Answer: A
Section 80 of the BNS defines and punishes dowry death (death of a woman within seven years of marriage by burns or bodily injury connected with dowry demand), with a minimum of seven years' imprisonment.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision for grant of anticipatory bail—direction for release in the event of arrest of a person apprehending arrest on a non-bailable accusation—is found in—
aSection 437
bSection 438
cSection 482
dSection 480
Answer: C
Section 482 of the BNSS deals with anticipatory bail (corresponding to old Section 438 CrPC); notably the BNSS omitted the guiding factors that the court was earlier required to consider.
The Code of Criminal Procedure, 1973 stands repealed by which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 528
bSection 531
cSection 1
dSection 358
Answer: B
Section 531 of the BNSS, 2023 is the repeal and savings clause that repeals the Code of Criminal Procedure, 1973, while saving pending trials, appeals and proceedings.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or a fine not exceeding—
aOne lakh rupees
bTen thousand rupees
cFifty thousand rupees
dTwenty-five thousand rupees
Answer: C
Section 23(2) of the BNSS empowers a Magistrate of the first class to impose imprisonment up to three years or a fine up to fifty thousand rupees, or both, or community service—the fine ceiling being raised from the old CrPC limit.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir/relative) may file a mercy petition within how many days of being informed by the Superintendent of jail about dismissal of the appeal or confirmation of the death sentence?
aFifteen days
bSeven days
cThirty days
dSixty days
Answer: C
Section 472 of the BNSS, a new provision, prescribes a thirty-day window for filing a mercy petition before the Governor (Article 161) or the President (Article 72) from the date the jail Superintendent informs the convict of dismissal of appeal or confirmation of the death sentence.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment of three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case within—
aSeven days
bTwenty-one days
cThirty days
dFourteen days
Answer: D
Section 173(3) of the BNSS permits a preliminary enquiry, with prior permission of an officer not below DSP rank, to be conducted within fourteen days for offences punishable with three years or more but less than seven years—a new graded mechanism absent in the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may arrest a person without a warrant on credible information of having committed a cognizable offence only where that offence is punishable with imprisonment for a term which:
amay extend to two years, with or without fine
bmay extend to three years
cis for any cognizable offence whatsoever
dmay extend to seven years, with or without fine, or with imprisonment for life or death
Answer: D
Section 35(1) BNSS permits arrest without warrant on credible information where the cognizable offence is punishable with imprisonment which may extend to seven years (with or without fine), or with imprisonment for life, or with death.
Under Section 173(3) of the BNSS, 2023, for a cognizable offence punishable for three years or more but less than seven years, the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, may conduct a preliminary enquiry to ascertain a prima facie case within:
aseven days
btwenty-one days
cfourteen days
dthirty days
Answer: C
Section 173(3) BNSS allows a preliminary enquiry within fourteen days, with prior permission of an officer not below DSP rank, for offences punishable with three years or more but less than seven years.
Under the BNSS, 2023, no police officer shall detain in custody a person arrested without warrant, in the absence of a special order of a Magistrate under Section 187, for a period exceeding:
atwelve hours
btwenty-four hours, exclusive of journey time
cseventy-two hours
dforty-eight hours
Answer: B
Section 58 read with Section 187 BNSS caps detention of a warrantless arrestee at twenty-four hours (excluding journey time to the Magistrate) absent a special order of the Magistrate.
Section 193 of the BNSS, 2023 deals with which of the following?
aInquest report by the investigating officer
bPower of Magistrate to order further investigation suo motu
cReport of the police officer on completion of investigation
dRecording of confessions and statements
Answer: C
Section 193 BNSS provides for the report of the police officer (charge-sheet) on completion of investigation, the successor to Section 173 of the old CrPC.
Under Section 23 of the BNSS, 2023, the Court of a Magistrate of the first class may pass a sentence of:
aimprisonment not exceeding five years, or fine not exceeding ten thousand rupees
bimprisonment not exceeding seven years, or fine, or both
cimprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service
dimprisonment not exceeding one year, or fine not exceeding five thousand rupees
Answer: C
Section 23(2) BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Documents forming the acts or records of the acts of the sovereign authority, official bodies and tribunals, and of public officers, legislative, judicial and executive, are classified as public documents under,
aSection 73
bSection 74
cSection 76
dSection 75
Answer: B
Section 74 of the BSA defines public documents to include records of acts of the sovereign authority, official bodies, tribunals and public officers, as well as public records of private documents kept by the State.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction, or so soon afterwards that the court considers the matter was then fresh in his memory. This is permitted under,
aSection 162
bSection 160
cSection 161
dSection 163
Answer: A
Section 162 of the BSA permits a witness to refresh his memory by referring to a writing made by him at or soon after the time of the transaction (corresponding to the old Section 159 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the party who calls a witness may, with the permission of the court, put questions to him which might be put in cross-examination by the adverse party (treating him as hostile). This power is conferred by,
aSection 156
bSection 158
cSection 155
dSection 157
Answer: D
Section 157 of the BSA (question by party to his own witness) empowers the court to permit the party calling a witness to put cross-examination type questions, enabling a witness to be treated as hostile (corresponding to the old Section 154 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), facts forming part of the same transaction (the doctrine of res gestae) are made relevant by which section?
aSection 9
bSection 4
cSection 6
dSection 3
Answer: B
Section 4 of the BSA declares relevant those facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction; this codifies the res gestae principle (corresponding to the old Section 6 IEA).
Where any fact is deposed to as discovered in consequence of information received from a person accused in police custody, so much of the information as relates distinctly to the fact discovered may be proved. This rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 26
bSection 24
cSection 23
dSection 22
Answer: C
The proviso to Section 23(2) of the BSA permits proof of so much of the information from an accused in custody as distinctly relates to the fact thereby discovered (corresponding to the old Section 27 IEA).
A confession made to a police officer shall not be proved as against a person accused of any offence. This bar is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 24
bSection 23
cSection 22
dSection 26
Answer: B
Section 23(1) of the BSA expressly provides that no confession made to a police officer shall be proved against an accused person (corresponding to the old Section 25 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement made by a person as to the cause of his death is admissible as a dying declaration under which section?
aSection 24
bSection 26
cSection 25
dSection 27
Answer: B
Section 26(a) of the BSA makes relevant a statement by a deceased person as to the cause of his death or the circumstances of the transaction resulting in his death; in India such a statement need not be made under expectation of death (corresponding to the old Section 32(1) IEA).
'A' is tried for the murder of 'B'. The fact that, shortly before the murder, 'A' had a quarrel with 'B' and threatened to kill him is relevant chiefly as showing motive and preparation under which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 5
bSection 6
cSection 4
dSection 7
Answer: B
Section 6 of the BSA makes any fact showing motive, preparation and previous or subsequent conduct relevant; the prior quarrel and threat go to motive (corresponding to the old Section 8 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of a person specially skilled in foreign law, science, art, or the identity of handwriting or finger impressions is a relevant fact under which section?
aSection 44
bSection 39
cSection 45
dSection 41
Answer: B
Section 39 of the BSA makes relevant the opinions of experts upon points of foreign law, science, art, or as to identity of handwriting or finger impressions (corresponding to the old Section 45 IEA).
A person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration. Section 43 of the Transfer of Property Act provides that such a transfer:
acan be enforced only against subsequent transferees in good faith
bautomatically becomes valid only when the transferor dies
cis absolutely void from the beginning
dshall, at the option of the transferee, operate on any interest the transferor may acquire in such property while the contract subsists
Answer: D
Section 43 embodies the doctrine of feeding the grant by estoppel: where the transferor later acquires the interest he professed to transfer, the transfer operates on that interest at the option of the transferee, subject to the rights of bona fide transferees for value without notice.
The doctrine of lis pendens is contained in which section of the Transfer of Property Act, 1882?
aSection 51
bSection 48
cSection 53
dSection 52
Answer: D
Section 52 enacts the doctrine of lis pendens: during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any other party under the decree that may be made.
The doctrine of election is dealt with under which section of the Transfer of Property Act, 1882?
aSection 38
bSection 33
cSection 35
dSection 41
Answer: C
Section 35 contains the doctrine of election: where a person professes to transfer property he has no right to transfer and by the same transaction confers a benefit on the owner, that owner must elect either to confirm the transfer or to dissent and relinquish the benefit.
Under Section 41 of the Transfer of Property Act, a transfer by an ostensible owner with the consent (express or implied) of the persons interested in immovable property is not voidable on the ground that the transferor was not authorised, provided the transferee:
aregisters the transfer within four months
btook the transfer gratuitously without consideration
cis a relative of the ostensible owner
dafter taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith
Answer: D
Section 41 protects a transferee for consideration from an ostensible owner only if the transferee, after taking reasonable care to ascertain the transferor's power, acted in good faith.
Under Section 106 of the Transfer of Property Act (as amended in 2002), in the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is deemed to be:
aa lease from year to year, terminable by six months' notice
ba lease for a fixed term of one year, not terminable by notice
ca tenancy at will, terminable without any notice
da lease from month to month, terminable by fifteen days' notice
Answer: A
Section 106 deems a lease of immovable property for agricultural or manufacturing purposes to be a lease from year to year terminable by six months' notice; a lease for any other purpose is from month to month terminable by fifteen days' notice.
Section 54 of the Transfer of Property Act, 1882 deals with which of the following?
aSale of immovable property and how it is made
bCharge on immovable property
cMortgage and its kinds
dExchange of property
Answer: A
Section 54 defines "sale" as a transfer of ownership in exchange for a price paid or promised, and prescribes that tangible immovable property of the value of one hundred rupees and upwards can be transferred only by a registered instrument.
Under Section 123 of the Transfer of Property Act, a gift of immovable property must be effected by:
aa notarised instrument without registration
bdelivery of possession alone
ca registered instrument signed by or on behalf of the donor and attested by at least two witnesses
dan oral declaration before two witnesses
Answer: C
Section 123 requires a gift of immovable property to be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; a gift of movable property may be by registered instrument or by delivery.
Section 128 of the Transfer of Property Act deals with the liability of a "universal donee." A universal donee is personally liable for all the debts and liabilities of the donor:
awithout any limit whatsoever
bdue at the time of the gift, to the extent of the property comprised in the gift
conly if the donee expressly agreed to assume them
donly for debts secured by mortgage on the gifted property
Answer: B
Under Section 128, where a gift consists of the whole of the donor's property, the universal donee is personally liable for all the debts due by and liabilities of the donor at the time of the gift, to the extent of the property comprised in the gift.
Which one of the following is NOT, by itself, an essential element of a valid contract under Section 10 of the Indian Contract Act, 1872?
aReduction of the agreement into a registered written instrument in every case
bCompetency of the parties to contract
cLawful consideration
dFree consent of the parties
Answer: A
Section 10 requires free consent, lawful consideration, a lawful object and competent parties; writing and registration are required only where some law specifically so provides, not in every case.
Under Section 73 of the Indian Contract Act, compensation for loss or damage caused by breach of contract:
aincludes remote and indirect loss sustained by reason of the breach
bis payable only if the contract expressly stipulates a sum
cdoes not include compensation for any remote and indirect loss or damage sustained by reason of the breach
dis fixed at twice the contract price in all cases
Answer: C
Section 73 allows compensation for loss naturally arising in the usual course of things or known to be likely, but expressly excludes any remote and indirect loss or damage sustained by reason of the breach.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move at the desire of the promisor, and may be:
aonly present (executed)
bonly future (executory)
conly past, never future
dpast, present or future
Answer: D
Section 2(d) defines consideration as an act or abstinence done 'has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain' — thus consideration may be past, present or future under Indian law, unlike English law where past consideration is generally invalid.
As against the proposer, the communication of an acceptance is complete under Section 4 of the Indian Contract Act, 1872:
awhen the proposer dispatches the proposal
bwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
cwhen the acceptor signs the letter of acceptance
dwhen it comes to the knowledge of the proposer
Answer: B
Section 4 provides that communication of an acceptance is complete as against the proposer when it is put in a course of transmission so as to be out of the power of the acceptor; it is complete as against the acceptor only when it comes to the knowledge of the proposer.
An agreement entered into by a minor is, under Section 11 of the Indian Contract Act, 1872 as interpreted in Mohori Bibee v. Dharmodas Ghose:
avoid ab initio
bvoidable at the option of the other party
cvalid but unenforceable
dvoidable at the option of the minor
Answer: A
Section 11 requires a party to be of the age of majority to be competent to contract; the Privy Council in Mohori Bibee v. Dharmodas Ghose (1903) held that a minor's agreement is void ab initio, not merely voidable.
Which one of the following is NOT one of the exceptions under Section 25 of the Indian Contract Act, 1872 to the rule that an agreement without consideration is void?
aA bare oral promise to make a gift in the future
bA promise to compensate a person who has already voluntarily done something for the promisor
cA written and signed promise to pay a time-barred debt
dA written and registered promise made on account of natural love and affection between parties standing in near relation
Answer: A
Section 25 makes valid only (a) written-and-registered promises out of natural love and affection in near relation, (b) compensation for past voluntary service, and (c) written-and-signed promises to pay time-barred debts; a mere oral promise of a future gift is not within these exceptions.
Under Section 27 of the Indian Contract Act, 1872, an agreement by which a person is restrained from exercising a lawful profession, trade or business is:
avalid if the restraint is reasonable, even apart from sale of goodwill
bvalid in all cases
cvoidable at the option of the restrained party
dvoid to that extent, subject to the statutory exception relating to sale of goodwill
Answer: D
Section 27 declares every agreement in restraint of trade void to that extent; the only statutory exception is that the seller of the goodwill of a business may agree to refrain from a like business within reasonable local limits.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of,
athe entire vacation period of the appellate court
bthe day on which judgment was pronounced and the time requisite for obtaining copies of the decree and judgment appealed from
conly the day on which the judgment was pronounced
donly the time taken to obtain a copy of the decree
Answer: B
Section 12 excludes the day from which the period is reckoned, the day on which the judgment complained of was pronounced, and the time requisite for obtaining copies of the decree, sentence or order and of the judgment appealed from.
Where a suit is founded upon the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation,
abegins to run from the date the cause of action first arose, irrespective of the fraud
bis extended by a fixed further period of three years
cdoes not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
dis permanently barred once fraud is established
Answer: C
Section 17 provides that in cases of fraud or mistake the limitation period does not begin to run until the plaintiff or applicant has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation begins to run from the time an acknowledgment of liability is signed, provided the acknowledgment is,
aaccompanied by part-payment of the debt
bin writing and signed, and made before the expiration of the prescribed period
coral and made before any witness
din writing but may be made even after the period has expired
Answer: B
Section 18 requires the acknowledgment of liability to be in writing, signed by the party (or his agent), and made before the expiration of the prescribed period; a fresh period then runs from the date of signing.
Part-payment of a debt as a ground for computing a fresh period of limitation, where the fact of payment appears in the handwriting of, or in a writing signed by, the person making it, is dealt with under,
aSection 18 of the Limitation Act, 1963
bSection 20 of the Limitation Act, 1963
cSection 19 of the Limitation Act, 1963
dSection 21 of the Limitation Act, 1963
Answer: C
Section 19 provides that where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period, a fresh period is computed from the date of payment, provided the payment is evidenced in the handwriting of, or in a writing signed by, the payer.
Where, after the institution of a suit, a new defendant is added, Section 21 of the Limitation Act, 1963 provides that, as regards him, the suit shall be deemed to have been instituted,
aon the date the cause of action arose
bon the date the court framed the issues
cwhen he was so made a party
don the date of institution of the original suit in all cases
Answer: C
Under Section 21, where a new plaintiff or defendant is substituted or added after institution, the suit, as regards him, is deemed instituted when he was made a party, unless the court finds the omission was due to a mistake in good faith.
Which of the following contracts continues to be NOT specifically enforceable under Section 14 of the Specific Relief Act, 1963, after the 2018 Amendment?
aA contract for the sale of goods not ordinarily available in the market
bA contract which is in its nature determinable
cA contract to transfer shares having a special value to the buyer
dA contract for the sale of immovable property
Answer: B
Under the amended Section 14, a contract which is in its nature determinable cannot be specifically enforced, along with contracts where substituted performance has been obtained, those involving a continuous duty the court cannot supervise, and those dependent on personal qualifications.
In a suit for specific performance of a contract, after the 2018 Amendment which of the following must a plaintiff plead and prove under Section 16(c) of the Specific Relief Act, 1963?
aThat he has actually performed the entire contract
bThat compensation would be an inadequate remedy
cThat he has performed or has always been ready and willing to perform the essential terms of the contract
dThat the defendant has been guilty of fraud
Answer: C
Section 16(c) requires the plaintiff to plead and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him; the 2018 amendment substituted 'aver' with 'prove'.
Under Section 21 of the Specific Relief Act, 1963, in determining the amount of compensation awarded in a suit for specific performance, the court shall be guided by the principles specified in which section of the Indian Contract Act, 1872?
aSection 73
bSection 75
cSection 70
dSection 74
Answer: A
Section 21(4) of the Specific Relief Act directs that in assessing compensation the court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872.
Section 5 of the Specific Relief Act, 1963 provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by:
aThe Indian Evidence Act, 1872
bThe Code of Civil Procedure, 1908
cThe Transfer of Property Act, 1882
dThe Limitation Act, 1963
Answer: B
Section 5 provides that recovery of possession of specific immovable property is to be in the manner provided by the Code of Civil Procedure, 1908 (i.e., a suit based on title).
An injunction cannot be granted, under the proviso (clause (ha)) to Section 41 of the Specific Relief Act, 1963, where it would:
aRestrain the breach of an obligation arising from contract
bImpede or delay the progress or completion of an infrastructure project
cPrevent a continuing breach of trust
dRestrain waste of property
Answer: B
Clause (ha), inserted into Section 41 by the 2018 Amendment, bars an injunction that would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant services being the subject-matter of such project.
Under Section 31 of the Negotiable Instruments Act, 1881, a banker who, having sufficient funds of the drawer properly applicable to the payment of a cheque, fails to pay it when duly required to do so, is liable to compensate:
aThe holder in due course for the loss caused
bThe endorsee for the loss caused
cThe payee for the loss caused
dThe drawer for any loss or damage caused by such default
Answer: D
Section 31 makes the drawee banker liable to compensate the drawer (not the payee) for any loss or damage caused by wrongful default in paying a cheque when sufficient funds are available.
When an indorser signs his name and merely adds a direction to pay the amount to, or to the order of, a specified person, the indorsement under the Negotiable Instruments Act, 1881 is said to be:
aConditional indorsement
bIndorsement in full
cIndorsement in blank
dRestrictive indorsement
Answer: B
Under Section 16, an indorsement in full is one where the indorser signs and adds a direction to pay to, or to the order of, a specified person; signing alone (no direction) is an indorsement in blank.
Under Section 80 of the Negotiable Instruments Act, 1881, when no rate of interest is specified in the instrument, interest on the amount due is to be calculated at the rate of:
aEighteen per centum per annum
bSix per centum per annum
cTwelve per centum per annum
dTwenty-four per centum per annum
Answer: A
Section 80 prescribes that where no rate of interest is specified, interest shall be calculated at eighteen per centum per annum from the date the amount ought to have been paid until tender or realisation.
Under Section 87 of the Negotiable Instruments Act, 1881, a material alteration of a negotiable instrument renders it void as against any party who was a party at the time of alteration and did not consent, EXCEPT where the alteration was made:
aIn order to carry out the common intention of the original parties
bBy the holder in good faith
cWith the consent of the drawee bank
dAfter the instrument became overdue
Answer: A
Section 87 makes a material alteration void against non-consenting parties, but expressly excepts alterations made in order to carry out the common intention of the original parties.
Under Section 99 of the Negotiable Instruments Act, 1881, when a promissory note or bill of exchange has been dishonoured, the holder may cause the dishonour to be recorded by a notary public upon the instrument. This recording is known as:
aNoting
bProtest
cAcceptance for honour
dDischarge
Answer: A
Section 99 provides for noting, i.e. the recording of dishonour by a notary public on the instrument; the formal certificate of dishonour issued under Section 100 is the protest.
Under Section 47 of the Registration Act, 1908, a registered document operates from:
athe time from which it would have commenced to operate if no registration had been required or made
bthe date on which it is registered
cthe date on which it is copied into the register-book
dthe date on which the registration certificate is issued
Answer: A
Section 47 provides that a registered document operates from the time it would have commenced to operate had no registration been required, and not from the time of its registration; registration relates back to the date of execution.
Which of the following leases of immovable property is compulsorily registrable under Section 17 of the Registration Act, 1908?
aA lease from year to year or for any term exceeding one year or reserving a yearly rent
bA lease for a term not exceeding one year
cA lease from month to month
dA lease for a term of six months reserving a monthly rent
Answer: A
Section 17(1)(d) makes compulsorily registrable a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.
Under Section 49 of the Registration Act, 1908, a document required to be registered but not registered shall:
abe void for all purposes whatsoever
bbe valid against third parties but not against the executant
cnot operate to create, declare, assign, limit or extinguish any right, title or interest in immovable property
doperate but be inadmissible only in criminal proceedings
Answer: C
Section 49 provides that an unregistered document, which is compulsorily registrable, shall not operate to create, declare, assign, limit or extinguish any right, title or interest in immovable property, nor be received as evidence of any such transaction.
Under Section 28 of the Registration Act, 1908, a document relating to immovable property shall ordinarily be presented for registration in the office of the Sub-Registrar:
anearest to the District Court having jurisdiction
bwithin whose sub-district the whole or some portion of the property is situate
cwithin whose sub-district the executant resides
dwithin whose sub-district the document was executed
Answer: B
Section 28 requires documents affecting immovable property to be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property is situate.
Under the savings clause in Section 6 of the Chhattisgarh Excise Act, 1915, the Act is expressly stated not to affect the provisions of all of the following EXCEPT:
aThe Cantonment Act, 1910
bThe Narcotic Drugs and Psychotropic Substances Act, 1985
cThe Indian Tariff Act, 1894
dThe Sea Customs Act, 1878
Answer: A
Section 6 saves the operation of the NDPS Act, 1985, the Sea Customs Act, 1878 and the Indian Tariff Act, 1894; the Cantonment Act, 1910 is not among the saved enactments.
Under Section 7-A of the Chhattisgarh Excise Act, 1915, the State Government is empowered to establish which authority for investigating any case of alleged or suspected evasion of excise revenue?
aSpecial Excise Tribunal
bRevenue Audit Committee
cExcise Vigilance Board
dFlying squads
Answer: D
Section 7-A empowers the State Government to establish flying squads to investigate cases of alleged or suspected evasion of excise revenue.
Whoever assaults or obstructs any excise officer in the exercise of powers under the Chhattisgarh Excise Act, 1915 is liable to imprisonment which may extend to two years or with fine which may extend to:
aTen thousand rupees
bTwo thousand rupees
cOne thousand rupees
dFive thousand rupees
Answer: B
The Act punishes assault on or obstruction of an excise officer with imprisonment which may extend to two years, or fine which may extend to two thousand rupees, or with both.
Under the Chhattisgarh Rent Control Act, 2011, in conducting proceedings, the Rent Controller and the Rent Control Tribunal are:
aStrictly bound by the Code of Civil Procedure, 1908
bRequired to follow the procedure of a Court of Small Causes
cBound by the Indian Evidence Act but not the CPC
dNot bound by the Code of Civil Procedure but guided by the principles of natural justice
Answer: D
Section 10 provides that the Rent Controller and Tribunal are not bound by the CPC, 1908, but are guided by principles of natural justice and may regulate their own procedure, while possessing court-like powers to summon witnesses and require documents.
Under the Chhattisgarh Rent Control Act, 2011, unless otherwise agreed between the parties, the rent for a month is payable by which date of the succeeding month?
aThe last day
bThe 5th
cThe 10th
dThe 15th
Answer: D
Section 5 provides that, in default of an agreed date, rent is payable by the 15th of the month following the month for which it is due.
Under the Chhattisgarh Rent Control Act, 2011, the Act does NOT apply to which of the following accommodations?
aPremises let out to a habitual defaulter
bAccommodation owned by or under the control of the Government
cResidential premises situated outside a district headquarters
dNon-residential premises let out for commercial use
Answer: B
Section 3 exempts accommodation owned by or under the control of the Government, and such other accommodation as the State Government may, in public interest, notify as exempt.
Under the Court-Fees Act, 1870, the decision of questions as to the proper valuation of a suit, before the court proceeds to record evidence on the merits, is governed by,
aSection 16
bSection 9
cSection 12
dSection 11
Answer: C
Section 12 of the Court-Fees Act, 1870 provides that every question relating to valuation for the purpose of determining the proper fee chargeable shall be decided by the court in which the document is filed, and its decision is final between the parties.
Under the Court-Fees Act, 1870, the ad valorem fees and the fixed fees chargeable on the institution of various proceedings are set out in,
aThe First Schedule and the Second Schedule
bThe Third Schedule only
cChapter IV only
dSection 7 alone
Answer: A
The First Schedule of the Court-Fees Act, 1870 prescribes the table of ad valorem fees while the Second Schedule prescribes the fixed fees for applications, petitions, appeals and other matters.
Section 257 of the Chhattisgarh Land Revenue Code, 1959 is related to,
aEstablishment of Gram Sabha
bExclusive jurisdiction of revenue authorities and exclusion of civil courts
cPower of revision of the District Judge
dConstitution of the Board of Revenue
Answer: B
Section 257 confers exclusive jurisdiction on revenue authorities in respect of specified matters and bars the jurisdiction of civil courts in such matters.
Under the Chhattisgarh Land Revenue Code, 1959, the power of revision, enabling a superior Revenue Officer to call for and examine the record of any case decided by a subordinate Revenue Officer to satisfy itself as to the legality of the order, is contained in,
aSection 50
bSection 51
cSection 47
dSection 44
Answer: A
Section 50 deals with revision, allowing the Board or a superior Revenue Officer to call for the record of a case decided by a subordinate Revenue Officer to examine the legality or propriety of the order.
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