Chhattisgarh Judiciary Mock Test 6 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
16
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Under Article 233 of the Constitution of India, appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with:
aThe Council of Ministers of the State
bThe Chief Justice of India
cThe State Public Service Commission
dThe High Court exercising jurisdiction in relation to such State
Answer: D
Article 233(1) provides that appointments, posting and promotion of district judges are made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
Under Article 233(2), a person not already in the service of the Union or of the State is eligible to be appointed a district judge only if he has been an advocate or pleader for not less than:
afive years
bseven years
cten years
dthree years
Answer: B
Article 233(2) requires that such a person must have been an advocate or pleader for not less than seven years and be recommended by the High Court for appointment.
The power of a High Court to issue writs under Article 226 is wider than the power of the Supreme Court under Article 32 because Article 226 permits issue of writs for the enforcement of fundamental rights and also:
aonly against the State Government
bonly on a reference by the President
cfor any other purpose
donly in matters of taxation
Answer: C
Article 226 empowers a High Court to issue writs for the enforcement of Part III rights 'and for any other purpose', making its jurisdiction wider than Article 32, which is confined to enforcement of fundamental rights.
Under Article 22(4), a person may ordinarily not be detained under a law providing for preventive detention for a period longer than three months unless:
aan Advisory Board reports that there is in its opinion sufficient cause for such detention
bthe detenu fails to apply for bail within thirty days
cthe Governor extends the detention by order
dthe District Magistrate confirms the detention
Answer: A
Under Article 22(4), preventive detention beyond three months requires an Advisory Board (of persons qualified to be High Court Judges) to report sufficient cause before expiry of three months.
Under Article 280, the President shall constitute a Finance Commission at the expiration of every:
athird year
bsixth year
cfourth year
dfifth year
Answer: D
Article 280(1) requires the President to constitute a Finance Commission within two years of commencement of the Constitution and thereafter at the expiration of every fifth year, or earlier if considered necessary.
Parliament may by law provide for the creation of one or more All India services common to the Union and the States only if the Council of States has declared, by resolution supported by not less than two-thirds of the members present and voting, that it is necessary in the national interest. This is provided in:
aArticle 312
bArticle 309
cArticle 315
dArticle 310
Answer: A
Article 312(1) requires a Rajya Sabha resolution supported by at least two-thirds of the members present and voting before Parliament can create a new All India Service.
Under Part IXA of the Constitution, the Committee for district planning is provided for under:
aArticle 243ZG
bArticle 243ZE
cArticle 243ZD
dArticle 243ZF
Answer: C
Article 243ZD provides for constitution of a District Planning Committee in every State at the district level; Article 243ZE deals with the Metropolitan Planning Committee.
Which of the following subjects falls in List III (Concurrent List) of the Seventh Schedule?
aPublic order
bLocal government
cCriminal procedure
dDefence of India
Answer: C
Criminal procedure (Entry 2 of List III) is in the Concurrent List; public order and local government are in the State List, and defence is in the Union List.
The Tenth Schedule of the Constitution of India contains provisions as to:
aAdministration of Scheduled Areas
bForms of oaths or affirmations
cDisqualification on ground of defection
dAllocation of seats in the Council of States
Answer: C
The Tenth Schedule, inserted by the 52nd Amendment, contains provisions as to disqualification of members of Parliament and State Legislatures on the ground of defection.
The revisional jurisdiction of the High Court under the Code of Civil Procedure, 1908 is conferred by:
aSection 114
bSection 96
cSection 113
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity.
Section 89 of the Code of Civil Procedure, 1908 relates to:
atransfer of suits by the High Court
brestitution
csettlement of disputes outside the court through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation
dattachment before judgment
Answer: C
Section 89 CPC empowers the court, where it appears that there exist elements of a settlement, to refer the dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation.
The inherent powers of a civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court are saved by:
aSection 148
bSection 153
cSection 152
dSection 151
Answer: D
Section 151 CPC saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
Under Section 47 of the Code of Civil Procedure, 1908, all questions relating to the execution, discharge or satisfaction of a decree arising between the parties to the suit shall be determined by:
athe court executing the decree and not by a separate suit
bthe High Court exercising revisional jurisdiction
cthe appellate court alone
da separate suit instituted for that purpose
Answer: A
Section 47 CPC mandates that all questions arising between the parties to the suit (or their representatives) relating to execution, discharge or satisfaction of the decree be determined by the executing court and not by a separate suit.
Under the Code of Civil Procedure, 1908, the doctrine that bars a court from trying a suit in which the matter directly and substantially in issue is also directly and substantially in issue in a previously instituted suit between the same parties, pending in a competent court, is contained in:
aSection 10
bSection 12
cSection 11
dSection 9
Answer: A
Section 10 CPC embodies the rule of res sub judice (stay of suit), requiring stay of trial of the subsequently instituted suit; it does not bar institution, only trial.
‘A’ sues ‘B’ in a competent court for possession of agricultural land at Durg; the suit is dismissed on merits. ‘A’ later files a fresh suit against ‘B’ for the same land on the same cause of action. The second suit is liable to be barred by:
aRes sub judice under Section 10
bMisjoinder under Order 1
cEstoppel under Section 115
dRes judicata under Section 11
Answer: D
Section 11 CPC (res judicata) bars re-litigation of a matter already finally decided between the same parties by a competent court; unlike Section 10 it applies to a decided, not pending, matter.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court only where the case involves:
aA substantial question of law
bAn error of jurisdiction alone
cAny question of fact or law
dA substantial question of fact
Answer: A
Section 100 CPC confines a second appeal to the High Court strictly to cases involving a substantial question of law, which must be precisely stated in the memorandum of appeal.
A caveat lodged under Section 148A of the Code of Civil Procedure, 1908 remains in force, unless the application apprehended is made earlier, for a period of:
a90 days
b60 days
c120 days
d30 days
Answer: A
Under Section 148A CPC, a caveat lapses on the expiry of 90 days from the date on which it was lodged, unless the apprehended application is made within that period.
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 notice in writing has been delivered, as required by Section 80 CPC?
aTwo months
bSix months
cOne month
dThree months
Answer: A
Section 80 CPC mandates a prior written notice and a waiting period of two months before instituting a suit against the Government or a public officer for acts done in official capacity.
The power of a court, where it appears that there are means for settlement of a dispute acceptable to the parties, to refer the matter to arbitration, conciliation, judicial settlement or mediation, is conferred by:
aSection 96 CPC
bSection 100 CPC
cSection 89 CPC
dSection 80 CPC
Answer: C
Section 89 CPC empowers the court to formulate terms of settlement and refer the dispute to ADR mechanisms—arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
Section 21 of the BNS, 2023 grants exemption from criminal liability to a child who is:
aabove seven and under twelve years of age and of immature understanding
bbelow seven years of age in every case
cof unsound mind irrespective of age
dabove twelve and under eighteen years of age
Answer: A
Section 21 of the BNS exempts a child above seven and under twelve years who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
The BNS, 2023 introduces a new offence not found in the IPC, where theft is committed by suddenly or quickly or forcibly seizing or grabbing movable property. This offence is:
aRobbery under Section 309
bSnatching under Section 304
cDacoity under Section 310
dExtortion under Section 308
Answer: B
Section 304 of the BNS is a new provision creating the offence of 'snatching', punishable with imprisonment up to three years and fine.
Cheating and thereby dishonestly inducing the person deceived to deliver any property is punishable with imprisonment which may extend to seven years under which provision of the BNS, 2023?
aSection 336
bSection 316
cSection 318(4)
dSection 320
Answer: C
Section 318(4) of the BNS punishes cheating and dishonestly inducing delivery of property with imprisonment up to seven years and fine.
Kidnapping (both from India and from lawful guardianship) is defined under which section of the BNS, 2023?
aSection 135
bSection 137
cSection 140
dSection 139
Answer: B
Section 137 of the BNS defines kidnapping, covering kidnapping from India and kidnapping from lawful guardianship (a person under eighteen years or of unsound mind).
Which Section of the BNSS, 2023 introduces the mandatory recording of the process of search and seizure through audio-video electronic means?
aSection 100
bSection 103
cSection 108
dSection 105
Answer: D
Section 105 BNSS is a new provision mandating recording of search and seizure, including preparation of the seizure list, through audio-video electronic means (preferably a mobile phone).
The provision in the BNSS, 2023 enabling an inquiry, trial or judgment to be conducted in the absence of a proclaimed offender who has absconded to evade trial (trial in absentia) is contained in:
aSection 356
bSection 415
cSection 84
dSection 299
Answer: A
Section 356 BNSS is a new provision permitting trial in absentia of a proclaimed offender who has absconded, after coercive measures are exhausted and an advocate is appointed for the accused.
Under Section 472 of the BNSS, 2023, a convict under sentence of death (or his legal heir/relative) may submit a mercy petition to the Governor or the President within the period of, from the date the Jail Superintendent informs him of the dismissal of appeal or confirmation of sentence:
athirty days
bseven days
cfifteen days
dsixty days
Answer: A
Section 472 BNSS prescribes that a mercy petition in a death-sentence case must be made within thirty days of being informed of the dismissal of the appeal or confirmation of the sentence.
Under Section 479 of the BNSS, 2023, a first-time offender (with no previous conviction) who is an undertrial prisoner shall ordinarily be released on bond by the Court after having undergone detention for a period extending up to:
aone-half of the maximum period of imprisonment specified for the offence
bone-third of the maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
dthe entire maximum period of imprisonment specified for the offence
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender is to be released on bond after detention of up to one-third of the maximum period of imprisonment for the offence; the general rule is one-half.
The power of the High Court and Court of Session to grant anticipatory bail (direction for release in the event of arrest) is now contained in which Section of the BNSS, 2023?
aSection 483
bSection 482
cSection 438
dSection 480
Answer: B
Section 482 BNSS provides for anticipatory bail, replacing Section 438 of the old CrPC; notably it omits the guiding factors that the earlier provision listed.
Under the BNSS, 2023, in cases of offences relating to specified offences against women, the statement of the victim recorded by the Judicial Magistrate under Section 183 is required, as far as practicable, to be recorded by:
aa male Magistrate in open court
bthe investigating police officer only
cany Executive Magistrate
da woman Magistrate, and in her absence, a male Magistrate in the presence of a woman
Answer: D
The proviso to Section 183 BNSS requires that for specified offences against women the statement be recorded, as far as practicable, by a woman Magistrate, and in her absence by a male Magistrate in the presence of a woman.
Under the BNSS, 2023, the maximum period of police-and-judicial detention permitting default bail where investigation is not completed is ninety days only where the offence is punishable with:
aimprisonment for a term not less than three years
bfine only
cimprisonment for a term of two years or more
ddeath, imprisonment for life, or imprisonment for a term of ten years or more
Answer: D
Under Section 187 BNSS the ninety-day limit (and consequent default bail) applies to offences punishable with death, life imprisonment, or imprisonment for ten years or more; for other offences the limit is sixty days.
Under Section 173(1) of the BNSS, 2023, information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may now be given:
aonly at the police station within whose local jurisdiction the offence is committed
bonly after obtaining sanction from the District Magistrate
conly in writing to a Judicial Magistrate
dorally or by electronic communication, with a Zero FIR permitted at any police station
Answer: D
Section 173(1) BNSS expressly recognises information given by electronic communication and, irrespective of the area, enables registration of a Zero FIR at any police station.
Under the BNSS, 2023, on completion of investigation the police officer must forward the report; further investigation under Section 193(9) during the trial may be carried out, but ordinarily is to be completed within:
asixty days
bthirty days
cone hundred eighty days
dninety days, extendable only with the permission of the Court
Answer: D
The proviso to Section 193(9) BNSS requires further investigation during trial to be completed within ninety days, extendable only with the permission of the Court.
Under the BNSS, 2023, 'community service' as a form of punishment that a Court may order a convict to perform is one for which the convict:
ashall not be entitled to any remuneration
bshall be paid half the prevailing daily wage
cshall be entitled to minimum wages
dshall be entitled to remuneration at the discretion of the Court
Answer: A
The Explanation to Section 23 BNSS defines community service as work that benefits the community which the Court orders a convict to perform and for which he shall not be entitled to any remuneration.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the document itself produced for the inspection of the Court is termed:
aDocumentary evidence
bPrimary evidence
cReal evidence
dSecondary evidence
Answer: B
Section 57 of the BSA defines primary evidence as the document itself produced for the inspection of the Court (corresponding to the old Section 62 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the cases in which secondary evidence relating to documents may be given are enumerated in which section?
aSection 57
bSection 60
cSection 58
dSection 61
Answer: B
Section 60 of the BSA lists the cases in which secondary evidence of the contents of a document may be given; Section 58 merely defines secondary evidence (corresponding respectively to the old Sections 65 and 63 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against an accused, and a conviction is not illegal merely because it proceeds upon his uncorroborated testimony. This is provided in which section?
aSection 139
bSection 137
cSection 138
dSection 124
Answer: C
Section 138 of the BSA, 2023 (corresponding to Section 133 of the repealed Indian Evidence Act) declares an accomplice to be a competent witness against an accused person. As enacted, Section 138 provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.' The correct section is Section 138.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the provision that the Court may presume the existence of certain facts (including the presumption that an accomplice is unworthy of credit unless corroborated) is contained in which section?
aSection 117
bSection 119
cSection 118
dSection 121
Answer: B
Section 119 BSA empowers the Court to presume the existence of facts likely to have happened; its illustration relating to the credit of an accomplice corresponds to old s.114, Illustration (b) IEA.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that the case of a person falls within any exception, or within any special or general proviso, lies upon that person under which section?
aSection 107
bSection 104
cSection 108
dSection 105
Answer: C
Section 108 BSA places upon the accused the burden of proving the existence of circumstances bringing his case within any of the General Exceptions or any special exception or proviso (corresponding to old s.105 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the doctrine of estoppel - that a person who by his declaration, act or omission has caused another to believe a thing to be true and to act upon it shall not be allowed to deny its truth - is contained in which section?
aSection 119
bSection 122
cSection 121
dSection 120
Answer: C
Section 121 BSA lays down the rule of estoppel by representation, barring a person from denying the truth of a thing he caused another to believe and act upon (corresponding to old s.115 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), all persons are competent to testify unless the Court considers them incapable of understanding the questions or giving rational answers by reason of tender years, extreme old age, disease or the like. This rule of competency of witnesses is contained in which section?
aSection 124
bSection 123
cSection 125
dSection 122
Answer: A
Section 124 BSA lays down the general rule that all persons are competent to testify unless prevented from understanding or answering questions by tender years, extreme old age, disease, or similar cause (corresponding to old s.118 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when three or more persons are proved to have conspired together, evidence of anything said, done or written by any one of them in reference to their common intention is relevant against each as well. This rule relating to conspiracy is found in which section?
aSection 6
bSection 7
cSection 8
dSection 9
Answer: C
Section 8 BSA makes relevant, against each conspirator, anything said, done or written by any one conspirator in reference to their common intention after the time it was first entertained (corresponding to old s.10 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the term 'Court' as defined in the interpretation clause (Section 2) does NOT include:
aAn arbitrator
bA Magistrate
cA Judge
dAll persons legally authorised to take evidence
Answer: A
Under the definition of 'Court' in Section 2(1)(a) BSA, the expression includes all Judges and Magistrates and all persons (except arbitrators) legally authorised to take evidence; an arbitrator is expressly excluded.
Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of res gestae (facts forming part of the same transaction) is codified in,
aSection 6
bSection 5
cSection 4
dSection 3
Answer: C
Section 4 of the BSA, 2023 makes facts so connected with a fact in issue as to form part of the same transaction relevant; it corresponds to Section 6 of the repealed Indian Evidence Act, 1872.
A gift, once validly made, may be revoked under Section 126 of the Transfer of Property Act:
aonly by a decree of the High Court
bnever, gifts are always irrevocable once accepted
cat the mere will and pleasure of the donor at any time
don the happening of a specified event not depending on the will of the donor, if so agreed between the parties
Answer: D
Section 126 permits revocation of a gift on the happening of any specified event which does not depend on the will of the donor, if the parties so agreed at the time of the gift; a gift revocable wholly at the pleasure of the donor is void.
Under Section 14 of the Transfer of Property Act, the rule against perpetuity provides that a transfer cannot operate to create an interest which is to take effect after the life-time of one or more living persons and:
athe death of the transferor
ba perpetual period at the option of the transferee
cthe minority of some person who shall be in existence at the expiration of that period
da fixed period of eighteen years from the date of transfer
Answer: C
Section 14 (rule against perpetuities) prohibits creating an interest to take effect beyond the lifetime of living persons plus the minority of a person in existence at the expiration of that period, to whom the interest is to belong if he attains full age.
Under Section 111 of the Transfer of Property Act, a lease of immovable property determines "by efflux of the time limited thereby." Which of the following is also a mode of determination of a lease under Section 111?
aThe lessee mortgaging the leasehold interest
bDeath of any one attesting witness to the lease deed
cMere non-payment of rent for one month
dForfeiture, where the lessee breaks an express condition providing for re-entry on breach
Answer: D
Section 111(g) provides that a lease determines by forfeiture where the lessee breaks an express condition that on breach the lessor may re-enter, or denies the lessor's title, or is adjudicated insolvent (where so provided), and the lessor gives notice of his intention to determine the lease.
Under Section 8 of the Transfer of Property Act, where land is transferred together with a house standing on it, in the absence of a contrary intention the transfer passes:
aonly such interest as is expressly enumerated in the deed
bthe easements annexed thereto, the rents and profits accruing after the transfer, and (where it is a house) the doors, windows and other things provided for permanent use therewith
cthe land but excludes things attached to the earth
donly the bare land and not the house
Answer: B
Section 8 provides that, unless a different intention is expressed, a transfer of property passes all the interest the transferor is capable of passing, including, where the property is a house, the easements, the doors, windows, and other things provided for permanent use therewith.
Section 108 of the Transfer of Property Act sets out the rights and liabilities of lessor and lessee in the absence of a contract or local usage to the contrary. Which of the following is a liability of the LESSEE under Section 108?
aTo disclose to the lessee any material defect in the property of which the lessor is aware
bTo pay the premium or rent at the proper time and place, and to restore the property in the condition received (subject to reasonable wear and tear) on determination of the lease
cTo put the lessee in possession of the property
dTo allow the lessee to enjoy the property without interruption during the lease
Answer: B
Under Section 108(B), the lessee is bound, among other duties, to pay the premium or rent at the proper time and place and, on determination of the lease, to put the lessor into possession, leaving the property in the state in which he received it subject to reasonable wear and tear; options (a), (b) and (d) are lessor's duties under Section 108(A).
Which of the following CANNOT be transferred under Section 6 of the Transfer of Property Act, 1882?
aThe mere chance of an heir-apparent succeeding to an estate (spes successionis)
bAn actionable claim
cA vested remainder
dA lessee's interest in immovable property
Answer: A
Section 6(a) expressly bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis), the chance of a relation obtaining a legacy and any other mere possibility of a like nature.
Where a person is, by the consent of the real owner, the ostensible owner of immovable property and transfers it for consideration, the transfer is protected against the real owner provided the transferee took reasonable care and acted in good faith. This principle is embodied in:
aSection 43
bSection 53A
cSection 41
dSection 51
Answer: C
Section 41 deals with transfer by an ostensible owner and protects a bona fide transferee for consideration who has taken reasonable care to ascertain the transferor's power to transfer.
A, without any title, transfers land to B for consideration representing that he is authorised to transfer it, and afterwards A acquires the title to that land. At B's option, the transfer:
aoperates on the interest which A subsequently acquires, so far as the contract of transfer subsists
bis voidable at the option of A who has since acquired title
ccan only be validated by a fresh registered deed executed by A
dremains wholly void and confers nothing on B
Answer: A
Section 43 (feeding the grant by estoppel) provides that where a person fraudulently or erroneously represents that he is authorised to transfer property and professes to transfer it for consideration, the transfer at the transferee's option operates on any interest the transferor afterwards acquires while the contract of transfer subsists.
Where, in a contract not specifying any sum, an event becomes impossible by reason of some event which the promisor could not prevent, the contract becomes void under which provision of the Indian Contract Act, 1872?
aSection 56
bSection 65
cSection 55
dSection 53
Answer: A
Section 56 embodies the doctrine of frustration: a contract to do an act which, after the contract is made, becomes impossible or unlawful by a supervening event the promisor could not prevent, becomes void.
Compensation for any loss or damage caused by breach of contract, which naturally arose in the usual course of things from such breach, is provided for under which section of the Indian Contract Act, 1872?
aSection 73
bSection 75
cSection 74
dSection 70
Answer: A
Section 73 codifies the rule in Hadley v. Baxendale, allowing compensation for loss or damage which naturally arose in the usual course of things from the breach, or which the parties knew was likely to result; remote or indirect loss is not recoverable.
Where a contract stipulates a sum to be paid in case of breach, the aggrieved party is, under Section 74 of the Indian Contract Act, 1872, entitled to receive:
adouble the stipulated amount as a penalty
bnothing unless actual loss is strictly proved by evidence
creasonable compensation not exceeding the amount named, whether or not actual loss is proved
dthe entire stipulated sum in every case, whether or not actual loss is proved
Answer: C
Section 74 entitles the complaining party to reasonable compensation not exceeding the sum named (or stipulated penalty), whether or not actual damage or loss is proved; the named sum is a ceiling, not an automatic entitlement.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined under Section 124 of the Indian Contract Act, 1872 as a contract of:
abailment
bguarantee
cindemnity
dagency
Answer: C
Section 124 defines a contract of indemnity as one by which a party promises to save the other from loss caused by the conduct of the promisor or of any other person; loss from natural events is not covered.
A continuing guarantee may, under the Indian Contract Act, 1872, be revoked by the surety, as to future transactions, by:
anotice to the principal debtor only
bnotice to the creditor
ca written application to the court
dno means whatsoever; it is irrevocable
Answer: B
Under Section 130, a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor; past transactions already entered into remain binding.
In the absence of a contract to the contrary, bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may retain, as a security for a general balance of account, any goods bailed to them. This 'general lien' is conferred by which section of the Indian Contract Act, 1872?
aSection 172
bSection 148
cSection 170
dSection 171
Answer: D
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers to retain goods bailed for a general balance of account; Section 170 by contrast deals with a particular lien of a bailee.
The bailment of goods as security for payment of a debt or performance of a promise is, under the Indian Contract Act, 1872, called:
aa particular lien
ba pledge
can indemnity
da guarantee
Answer: B
Section 172 defines a 'pledge' as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the pawnor and the bailee is the pawnee.
The acquisition of an easement of light, air or way by prescription requires peaceable enjoyment as of right, without interruption, for how long under Section 25 of the Limitation Act, 1963 (where the property is not that of the Government)?
aThirty years
bTwenty years
cSixty years
dTwelve years
Answer: B
Section 25 provides that an easement (light, air, way, watercourse, etc.) enjoyed peaceably and as of right without interruption for twenty years becomes absolute; the period is thirty years where the property belongs to the Government.
On the determination of the period limited for instituting a suit for possession of any property, Section 27 of the Limitation Act, 1963 provides that,
athe right to such property is extinguished
bthe period may be revived on showing sufficient cause
conly the remedy is barred but the right survives
dthe possessor must execute a fresh acknowledgment
Answer: A
Section 27 is an exception to the general rule that limitation bars only the remedy; on expiry of the period for a possession suit, the owner's right to the property is itself extinguished, enabling acquisition by adverse possession.
A suit for possession of immovable property based on title (against a person claiming adverse possession) must, under the Schedule (Article 65) of the Limitation Act, 1963, be filed within,
asix years from the date of knowledge
btwelve years from when the possession of the defendant becomes adverse to the plaintiff
cthree years from dispossession
dthirty years from the date of the title deed
Answer: B
Article 65 of the Schedule prescribes twelve years for a suit for possession based on title, computed from the date the defendant's possession becomes adverse to the plaintiff.
For a suit for which no period of limitation is provided elsewhere in the Schedule, the residuary Article 113 of the Limitation Act, 1963 prescribes a period of,
asix years
bone year
cthree years
dtwelve years
Answer: C
Article 113, the residuary article for suits, prescribes three years from the date the right to sue accrues for any suit not otherwise provided for in the Schedule.
In computing the period of limitation, Section 14 of the Limitation Act, 1963 allows exclusion of the time during which the plaintiff has been,
aunder a legal disability of minority
bnegotiating a settlement with the defendant
cawaiting the result of a criminal trial on the same facts
dprosecuting with due diligence another civil proceeding, in good faith, in a court unable to entertain it for defect of jurisdiction or other like cause
Answer: D
Section 14 excludes the time spent prosecuting, with due diligence and in good faith, another civil proceeding relating to the same matter in a court which is unable to entertain it owing to defect of jurisdiction or other cause of a like nature.
Section 34 of the Specific Relief Act, 1963 deals with discretion of the court as to declaration of status or right. The proviso to Section 34 bars such a declaration where the plaintiff:
aIs not in possession of the property
bBeing able to seek further relief than a mere declaration, omits to do so
cHas not filed the suit within three years
dHas an alternative remedy under the Code of Civil Procedure
Answer: B
The proviso to Section 34 provides that no court shall make a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Under Section 7 of the Specific Relief Act, 1963, a person entitled to the possession of specific movable property may recover it in the manner provided by:
aThe Sale of Goods Act, 1930
bThe Indian Contract Act, 1872
cThe Transfer of Property Act, 1882
dThe Code of Civil Procedure, 1908
Answer: D
Section 7 provides that a person entitled to possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
Section 31 of the Specific Relief Act, 1963 provides for which of the following reliefs?
aRectification of instruments
bCancellation of instruments
cRescission of contracts
dDeclaratory decrees
Answer: B
Section 31 deals with when cancellation of a written instrument may be ordered, where the instrument is void or voidable and the person against whom it is held has reasonable apprehension of serious injury.
Under Section 27 of the Specific Relief Act, 1963, rescission of a contract may NOT be adjudged by the court where:
aThe contract is voidable or terminable by the plaintiff
bThe plaintiff has expressly or impliedly ratified the contract
cThird parties have acquired rights in good faith without notice
dThe contract is unlawful for causes not apparent on its face
Answer: B
Section 27(2) provides that the court may refuse to rescind a contract where the plaintiff has expressly or impliedly ratified it; rescission is available where the contract is voidable or unlawful for causes not apparent on its face.
Section 118 of the Negotiable Instruments Act, 1881 raises a presumption, until the contrary is proved, that every negotiable instrument was made or drawn:
aFor consideration
bWithout consideration
cAfter its maturity
dBy a person of unsound mind
Answer: A
Section 118(a) raises a rebuttable presumption that every negotiable instrument was made or drawn for consideration, until the contrary is proved.
For an offence under Section 138 of the Negotiable Instruments Act, 1881, the payee must, within thirty days of receiving information of dishonour from the bank, make a demand by written notice, and the drawer fails to pay within:
aForty-five days of receipt of the notice
bThirty days of receipt of the notice
cSeven days of receipt of the notice
dFifteen days of receipt of the notice
Answer: D
Under Section 138, the offence is complete only if the drawer fails to make payment within fifteen days of receipt of the written demand notice issued within thirty days of intimation of dishonour.
The punishment prescribed for the offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 is imprisonment which may extend to:
aSix months, or fine up to twice the amount of the cheque, or both
bOne year, or fine up to the amount of the cheque, or both
cTwo years, or fine which may extend to twice the amount of the cheque, or both
dThree years, or fine which may extend to thrice the amount of the cheque, or both
Answer: C
Section 138 prescribes imprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Under Section 143A of the Negotiable Instruments Act, 1881 (inserted by the 2018 Amendment), the interim compensation that a court trying an offence under Section 138 may direct the drawer to pay shall not exceed:
aFifty per cent of the amount of the cheque
bTen per cent of the amount of the cheque
cTwenty per cent of the amount of the cheque
dTwenty-five per cent of the amount of the cheque
Answer: C
Section 143A empowers the court to order interim compensation not exceeding twenty per cent of the cheque amount, payable within sixty days of the order (extendable by up to thirty days).
Under Section 148 of the Negotiable Instruments Act, 1881, where an appeal is filed by the drawer against conviction under Section 138, the Appellate Court may order the appellant to deposit a minimum of:
aThe entire fine or compensation awarded by the trial court
bFifty per cent of the fine or compensation awarded by the trial court
cTwenty per cent of the fine or compensation awarded by the trial court
dTen per cent of the fine or compensation awarded by the trial court
Answer: C
Section 148 (2018 Amendment) empowers the Appellate Court to direct the appellant to deposit a minimum of twenty per cent of the fine or compensation awarded by the trial court, pending the appeal.
Under Section 32 of the Registration Act, 1908, a document may be presented for registration by:
aonly an advocate holding a vakalatnama for the executant
bsome person executing or claiming under the document, or his representative, assign or duly authorised agent
cany person who has knowledge of the contents of the document
donly the person who executed the document, in person
Answer: B
Section 32 permits presentation by a person executing or claiming under the document, or by the representative or assign of such person, or by an agent duly authorised by a registered power-of-attorney.
Where a registering officer refuses to register a document, Section 77 of the Registration Act, 1908 enables a person claiming under the document to institute a civil suit for a decree directing registration within:
athirty days after the making of the order of refusal
bsixty days after the making of the order of refusal
cfour months after the making of the order of refusal
dninety days after the making of the order of refusal
Answer: A
Section 77 allows a person claiming under the document to institute a suit in the civil court within thirty days after the making of the order of refusal to register.
Which of the following documents is NOT compulsorily registrable but may be registered under Section 18 (optional registration) of the Registration Act, 1908?
aAn instrument of gift of immovable property
bA lease of immovable property reserving a yearly rent
cA non-testamentary instrument creating a right in immovable property of the value of one hundred rupees and upwards
dA lease of immovable property for any term not exceeding one year
Answer: D
A lease of immovable property for a term not exceeding one year falls under Section 18 (optional registration); gifts of immovable property and instruments dealing with rights worth one hundred rupees and upwards are compulsorily registrable under Section 17.
Under Section 34 of the Registration Act, 1908, before registering a document the registering officer must, inter alia, be satisfied as to:
athe payment of income tax on the transaction
bthe registration of the executant's earlier title deeds
cthe adequacy of the consideration paid
dthe identity of the persons appearing before him and admitting execution
Answer: D
Section 34 requires the registering officer to enquire whether the document was executed by the persons appearing and to satisfy himself as to their identity before admitting the document to registration.
The expression 'manufacture', as defined in Section 2 of the Chhattisgarh Excise Act, 1915, includes every process by which any intoxicant is produced or prepared, and ALSO includes:
aOnly the bottling of foreign liquor
bThe retail sale of intoxicating drugs
cOnly the transport of intoxicants within the State
dRedistillation and every process for rectification, flavouring, blending or colouring of liquor
Answer: D
Under Section 2, 'manufacture' includes every natural or artificial process by which an intoxicant is produced or prepared, and also redistillation and every process for rectification, flavouring, blending or colouring of liquor.
Under the Chhattisgarh Rent Control Act, 2011, a tenant who fails, in a period of twelve months, on three or more occasions to pay in full the rent and dues to the landlord on the due date is termed as a -
aHabitual defaulter
bChronic tenant
cWilful defaulter
dDefaulting tenant
Answer: A
Section 2 of the Act defines a 'habitual defaulter' as a tenant who fails in a period of 12 months on three or more occasions to pay the rent and dues in full on the due date.
After the commencement of the Chhattisgarh Rent Control Act, 2011, no person shall let or take on rent any accommodation except by an agreement in writing. This requirement is contained in -
aSection 9
bSection 2
cSection 4
dSection 6
Answer: C
Section 4(1) provides that after the commencement of the Act no person shall let or take on rent any accommodation except by an agreement in writing.
For the appointment of a Rent Controller under the Chhattisgarh Rent Control Act, 2011, the State Government shall appoint one or more officers not below the rank of -
aDistrict Collector
bNaib Tahsildar
cTahsildar
dDeputy Collector
Answer: D
Section 7 of the Act empowers the State Government to appoint as Rent Controller one or more officers not below the rank of a Deputy Collector for every district.
Under the Court Fees Act, 1870, the marginal heading of Section 7 deals with:
aRefund of fee paid on memorandum of appeal
bDecision of question as to valuation
cComputation of fees payable in certain suits
dProcedure in case of difference as to amount of fee
Answer: C
Section 7 of the Court Fees Act, 1870 provides for the computation (mode of valuation) of fees payable in certain classes of suits, such as suits for money, maintenance, movable property and possession of land.
Under Section 12 of the Court Fees Act, 1870, every question relating to valuation for determining the amount of court fee chargeable on a plaint or memorandum of appeal shall be decided by:
aThe Collector of the district
bThe Chief Controlling Revenue Authority
cThe High Court on a reference made for the purpose
dThe Court in which such plaint or memorandum is filed, and that decision is final between the parties
Answer: D
Section 12 provides that the question of valuation for court-fee purposes is to be decided by the court in which the plaint or memorandum of appeal is filed, and such decision is final as between the parties to the suit.
In a suit falling under Section 7(iv) of the Court Fees Act, 1870 (such as a suit for a declaratory decree with consequential relief or to obtain an injunction), the amount of fee is computed:
aAccording to the amount at which the relief sought is valued in the plaint by the plaintiff
bAt a fixed fee specified in the Second Schedule irrespective of value
cOn ten times the annual net profits of the property
dOn the market value of the property fixed by the Collector
Answer: A
Under Section 7(iv), in the enumerated suits the fee is computed according to the amount at which the plaintiff himself values the relief sought in the plaint.
Under the Chhattisgarh Land Revenue Code, 1959, the highest revenue authority in the State exercising appellate and revisional jurisdiction over revenue officers is the:
aSettlement Commissioner
bHigh Court of Chhattisgarh
cBoard of Revenue
dState Government in the Revenue Department
Answer: C
Section 3 of the Code constitutes a Board of Revenue for Chhattisgarh, headed by a President, which is the apex revenue tribunal hearing appeals and revisions from subordinate revenue officers.
Which of the following is NOT a class of Revenue Officer enumerated under Section 11 of the Chhattisgarh Land Revenue Code, 1959?
aSuperintendent of Land Records
bNaib Tahsildar
cSub-Divisional Officer
dGram Panchayat Secretary
Answer: D
Section 11 lists revenue officers such as Settlement Commissioner, Collectors, Sub-Divisional Officers, Tahsildars, Naib Tahsildars and Superintendents of Land Records; a Gram Panchayat Secretary is not a revenue officer under the Code.
Under the Chhattisgarh Land Revenue Code, 1959, an appeal to the Board of Revenue must be preferred within how many days from the date of the order objected to?
a90 days
b120 days
c45 days
d60 days
Answer: A
The limitation provision in the Code prescribes 45 days for an appeal to the Sub-Divisional Officer/Collector/Settlement Officer, 60 days to the Commissioner, and 90 days to the Board of Revenue.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
