Chhattisgarh Judiciary Mock Test 7 — Questions & Solutions
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Under Article 124(2) read with the proviso, a Judge of the Supreme Court shall hold office until he attains the age of:
aseventy years
bsixty-five years
csixty-two years
dsixty years
Answer: B
Under the proviso to Article 124(2), a Judge of the Supreme Court holds office until the age of sixty-five years; a High Court Judge retires at sixty-two under Article 217.
Disputes between the Government of India and one or more States fall within the original jurisdiction of the Supreme Court under:
aArticle 131
bArticle 132
cArticle 143
dArticle 136
Answer: A
Article 131 confers original jurisdiction on the Supreme Court in disputes between the Government of India and States, or between States; Article 143 deals with the President's power to seek advisory opinions.
Appointment of persons to be, and the posting and promotion of, district judges in any State is made by the Governor of the State under which Article of the Constitution?
aArticle 233
bArticle 235
cArticle 234
dArticle 236
Answer: A
Article 233(1) provides that appointment, posting and promotion of district judges is made by the Governor in consultation with the High Court exercising jurisdiction in relation to the State.
Under Article 233(2), a person not already in the service of the Union or 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
dTwelve years
Answer: B
Article 233(2) requires not less than seven years' standing as an advocate or pleader, coupled with a recommendation of the High Court, for direct appointment as a district judge.
Control over district courts and courts subordinate thereto, including the posting and promotion of, and grant of leave to, judicial officers below the rank of district judge, is vested in the High Court under
aArticle 233
bArticle 234
cArticle 237
dArticle 235
Answer: D
Article 235 vests in the High Court control over the subordinate judiciary, including posting, promotion and grant of leave to officers holding posts inferior to district judge.
The Constitution (Twentieth Amendment) Act, 1966 inserted Article 233A primarily to
aValidate certain appointments of, and judgments delivered by, certain district judges
bRaise the retirement age of district judges
cTransfer control of subordinate courts to the Governor
dCreate All India Judicial Service
Answer: A
Article 233A, inserted by the 20th Amendment (1966), retrospectively validated appointments, postings and promotions of certain district judges and the judgments delivered by them despite non-compliance with Articles 233 and 235.
The Chhattisgarh High Court at Bilaspur exercises its writ jurisdiction throughout the territory of the State by virtue of which Article?
aArticle 32
bArticle 227
cArticle 226
dArticle 136
Answer: C
Article 226 empowers every High Court, throughout the territories in relation to which it exercises jurisdiction, to issue writs for enforcement of fundamental rights and for any other purpose.
A High Court may issue a writ under Article 226 to a Government or authority situated outside its territorial limits if the cause of action, wholly or in part, arises within its jurisdiction. This is expressly provided by
aArticle 226(1)
bArticle 226(3)
cArticle 226(2)
dArticle 227(1)
Answer: C
Article 226(2) extends the High Court's writ power to authorities outside its territory where the cause of action arises wholly or in part within its jurisdiction.
The Chhattisgarh High Court was constituted as a separate High Court for the new State under the scheme of Article 214 with effect from
a15 August 2000
b1 November 2000
c1 November 1956
d26 January 2000
Answer: B
Article 214 mandates a High Court for every State; the Chhattisgarh High Court at Bilaspur came into existence on 1 November 2000 with the creation of the State of Chhattisgarh.
Power of superintendence of a High Court over all courts and tribunals within its territorial jurisdiction is conferred by
aArticle 226
bArticle 228
cArticle 235
dArticle 227
Answer: D
Article 227 confers upon every High Court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
A Judge of a High Court holds office until he attains the age of
aSixty-eight years
bSixty-two years
cSixty-five years
dSixty years
Answer: B
Under Article 217(1), a High Court Judge holds office until the age of 62 years; this age (originally 60) was raised by the Constitution (Fifteenth Amendment) Act, 1963.
Under Order XX Rule 6A of the Code of Civil Procedure, 1908, the decree shall be drawn up within how many days from the date of the judgment?
a45 days
b7 days
c30 days
d15 days
Answer: D
Order XX Rule 6A CPC requires the decree to be drawn up within 15 days of the judgment, and permits an appeal to be preferred without a copy of the decree if it is not drawn up within that time.
The doctrine of restitution, under which a court places the parties in the position they would have occupied but for a decree which is subsequently varied or reversed, is contained in:
aSection 151 CPC
bSection 114 CPC
cSection 47 CPC
dSection 144 CPC
Answer: D
Section 144 CPC provides for restitution where a decree or order is varied or reversed in appeal, revision or otherwise, restoring the parties to their original position.
Under the Code of Civil Procedure, 1908, the power of the High Court and the District Court to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate court is contained in:
aSection 22
bSection 23
cSection 24
dSection 25
Answer: C
Section 24 CPC vests the High Court and the District Court with general power to transfer or withdraw suits, appeals and other proceedings, and even to transfer a proceeding from a court having no jurisdiction.
A suit relating to a person who is a minor, instituted in his name, must be instituted under Order XXXII of the Code of Civil Procedure, 1908 by:
aThe Advocate General
bA guardian ad litem
cHis next friend
dThe Collector
Answer: C
Under Order XXXII Rule 1 CPC, every suit by a minor shall be instituted in his name by a person who is his ‘next friend’; a guardian ad litem is appointed where the minor is a defendant.
A suit for the recovery of immovable property situated at Raipur must, as a general rule, be instituted in the court within whose local limits the property is situate. This rule of place of suing is governed by:
aSection 15 CPC
bSection 16 CPC
cSection 19 CPC
dSection 20 CPC
Answer: B
Section 16 CPC requires suits for recovery, partition, foreclosure, sale or determination of rights in immovable property to be instituted in the court within whose jurisdiction the property is situate.
Under the Code of Civil Procedure, 1908, the grant of a temporary injunction during the pendency of a suit is governed by:
aOrder XXXVIII
bOrder XXXIX
cOrder XXI
dOrder XL
Answer: B
Order XXXIX CPC (Rules 1 and 2) governs the grant of temporary injunctions to restrain acts during the pendency of a suit; Order XXXVIII deals with arrest and attachment before judgment.
Order XXXIII of the Code of Civil Procedure, 1908 makes special provision enabling the institution of a suit by:
aAn indigent person
bA partnership firm
cA public officer
dThe Government
Answer: A
Order XXXIII CPC permits an indigent person—one without sufficient means to pay the prescribed court fee—to institute a suit without paying court fee at the initial stage, subject to the court's leave.
Under Section 9 of the Code of Civil Procedure, 1908, the courts shall have jurisdiction to try all suits of a civil nature:
aOnly where the value exceeds the prescribed pecuniary limit
bOnly if expressly authorised by statute
cOnly with the prior sanction of the High Court
dExcepting suits of which their cognizance is either expressly or impliedly barred
Answer: D
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred, the bar being the exception rather than the rule.
Under Section 9 of the Code of Civil Procedure, 1908, a Civil Court has jurisdiction to try all suits of a civil nature except those of which their cognizance is:
abarred only where a special tribunal exists
bbarred only by a notification of the State Government
cexpressly or impliedly barred
donly expressly barred by a statute
Answer: C
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. The bar need not be express; it can be implied from the scheme of a special statute.
An objection as to the place of suing (territorial or pecuniary jurisdiction) under Section 21 of the CPC:
acan be raised at any stage including in second appeal
bmust be taken in the court of first instance at the earliest possible opportunity and unless there is a consequent failure of justice it will not be allowed in appeal or revision
crenders the decree a nullity irrespective of when raised
dcan be waived only by the defendant, never by the plaintiff
Answer: B
Section 21 bars objections to the place of suing unless taken in the court of first instance at the earliest opportunity and unless there has been a consequent failure of justice. Mere irregularity of venue does not make the decree a nullity.
The doctrine of res judicata is embodied in which provision of the CPC, and it bars the retrial of a matter which has been 'directly and substantially in issue' in a former suit between the same parties?
aSection 12
bSection 10
cSection 11
dSection 13
Answer: C
Section 11 enacts the rule of res judicata, barring a court from trying a suit or issue already heard and finally decided in a former suit between the same parties litigating under the same title. Section 10 deals with stay of suit (res sub judice).
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided under which of the following sections?
aSection 103
bSection 105
cSection 100
dSection 101
Answer: A
Section 103(1) BNS prescribes death or imprisonment for life, and fine, for murder. Section 101 defines when culpable homicide amounts to murder, while Section 100 defines culpable homicide.
‘A’, along with a group of five persons acting in concert, beats ‘B’ to death on the ground of his caste. Under which provision of the Bharatiya Nyaya Sanhita, 2023 is this offence of mob lynching specifically punishable?
aSection 111(1)
bSection 117(2)
cSection 103(1)
dSection 103(2)
Answer: D
Section 103(2) BNS, introduced for the first time, punishes murder committed by a group of five or more persons acting in concert on grounds such as race, caste, community, sex, place of birth, language or personal belief.
Which of the following is a NEW kind of punishment introduced for the first time under Section 4 of the Bharatiya Nyaya Sanhita, 2023, that did not exist as a substantive punishment under the Indian Penal Code, 1860?
aCommunity service
bSolitary confinement
cForfeiture of property
dRigorous imprisonment
Answer: A
Section 4(f) BNS adds community service as the sixth kind of punishment. The other five (death, life imprisonment, imprisonment, forfeiture of property, fine) existed under the IPC as well.
‘A’, in order to commit theft, suddenly snatches a gold chain from the neck of ‘B’ while passing on a motorcycle in Raipur. Under the Bharatiya Nyaya Sanhita, 2023, this offence of snatching is punishable under which section?
aSection 304
bSection 309
cSection 303
dSection 305
Answer: A
Section 304 BNS introduces snatching as a distinct offence and prescribes imprisonment up to three years and fine. Section 303 deals with theft generally.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust is consolidated under which single section?
aSection 316
bSection 324
cSection 314
dSection 318
Answer: A
Section 316 BNS consolidates criminal breach of trust (which was spread across IPC Sections 405–409) and raises the basic punishment to imprisonment up to five years.
‘A’ dishonestly induces ‘B’ to deliver to him Rs. 50,000 by deceiving him. Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is defined and punishable under which section?
aSection 317
bSection 316
cSection 320
dSection 318
Answer: D
Section 318 BNS deals with cheating and consolidates the forms of cheating earlier found under IPC Sections 415, 417, 418 and 420.
‘A’, a Sessions Judge at Bilaspur, in good faith and in the exercise of his judicial power passes a sentence. He cannot be held criminally liable for this act by virtue of which general exception under the Bharatiya Nyaya Sanhita, 2023?
aSection 16
bSection 19
cSection 15
dSection 14
Answer: C
Section 15 BNS exempts the act of a Judge when acting judicially in the exercise of a power which he believes in good faith to be given to him by law. Section 16 protects acts done pursuant to a court’s judgment or order.
Under the Bharatiya Nyaya Sanhita, 2023, ‘nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.’ This general exception is contained in which section?
aSection 17
bSection 14
cSection 18
dSection 20
Answer: B
Section 14 BNS embodies the exception for an act done by a person bound, or by mistake of fact believing himself bound, by law (corresponding to the old IPC Section 76).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the classes of Criminal Courts (besides the High Court and Courts constituted under any other law) are enumerated in,
aSection 11
bSection 6
cSection 4
dSection 8
Answer: B
Section 6 of the BNSS lists the classes of Criminal Courts, namely Courts of Session, Judicial Magistrates of the first and second class, and Executive Magistrates.
In the Bharatiya Nagarik Suraksha Sanhita, 2023, the expression 'cognizable offence' is defined under,
aSection 2(1)(g)
bSection 2(1)(o)
cSection 2(1)(x)
dSection 2(1)(c)
Answer: A
Section 2(1)(g) of the BNSS defines a cognizable offence as one in which a police officer may, in accordance with the First Schedule, arrest without warrant.
A Judicial Magistrate of the first class under the BNSS, 2023, may pass a sentence of fine not exceeding,
aRupees twenty-five thousand
bRupees fifty thousand
cRupees one lakh
dRupees ten thousand
Answer: B
Section 23(2) of the BNSS empowers a Judicial 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.
Under the BNSS, 2023, the provision enabling registration of information relating to a cognizable offence irrespective of the area where the offence is committed (the 'Zero FIR') is contained in,
aSection 175
bSection 193
cSection 154
dSection 173
Answer: D
Section 173(1) of the BNSS provides that information relating to a cognizable offence may be given orally or electronically irrespective of the area, giving statutory recognition to the Zero FIR.
Under Section 35(3) of the BNSS, 2023, for an offence punishable with imprisonment less than three years, the arrest of a person who is infirm or above sixty years of age requires the prior permission of an officer not below the rank of,
aSuperintendent of Police
bSub-Inspector of Police
cDeputy Superintendent of Police
dInspector of Police
Answer: C
Section 35(7) of the BNSS bars arrest of a person who is infirm or above sixty years for offences punishable with less than three years' imprisonment without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187(3) of the BNSS, 2023, the maximum period of detention pending investigation, after which the accused acquires the right to default bail, where the offence is punishable with imprisonment for a term exceeding ten years, is,
aSeventy-five days
bNinety days
cSixty days
dOne hundred and twenty days
Answer: B
Section 187(3) of the BNSS prescribes ninety days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term not less than ten years, failing which default bail accrues.
Under the BNSS, 2023, a forensic expert is required to visit the scene of crime to collect forensic evidence and cause videography of the process in offences punishable with imprisonment of,
aThree years or more
bTen years or more
cFive years or more
dSeven years or more
Answer: D
Section 176(3) of the BNSS makes it mandatory, for offences punishable with seven years or more, for a forensic expert to visit the crime scene and videograph the process of collecting evidence.
Provisions for inquiry, trial or judgment in absentia of a proclaimed offender, newly introduced by the BNSS, 2023, are contained in,
aSection 84
bSection 356
cSection 299
dSection 366
Answer: B
Section 356 of the BNSS introduces trial in absentia of a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arresting him.
Under the BNSS, 2023, the provisions relating to plea bargaining are contained in,
aSections 265A to 265L
bSections 320 to 327
cSections 356 to 365
dSections 289 to 300
Answer: D
Chapter XXIII of the BNSS, comprising Sections 289 to 300, deals with plea bargaining; an application must be filed within thirty days of the framing of charge.
Under the BNSS, 2023, the order for maintenance of wives, children and parents (corresponding to Section 125 of the old Code of Criminal Procedure) is now provided under,
aSection 144
bSection 164
cSection 125
dSection 152
Answer: A
Section 144 of the BNSS corresponds to the erstwhile Section 125 CrPC, dealing with the order for maintenance of wives, children and parents.
'A' is tried for the murder of 'B'. The fact that 'A' purchased poison shortly before the death of 'B' is relevant under the Bharatiya Sakshya Adhiniyam, 2023 as,
aConspiracy under Section 8
bConduct under Section 4
cMotive and preparation under Section 6
dAdmission under Section 15
Answer: C
Section 6 of the BSA, 2023 (formerly Section 8 of the Indian Evidence Act) makes facts showing motive, preparation and previous or subsequent conduct relevant; purchase of poison is an act of preparation.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession caused by inducement, threat, coercion or promise is irrelevant in a criminal proceeding by virtue of,
aSection 22
bSection 24
cSection 23
dSection 21
Answer: A
Section 22 of the BSA, 2023 (formerly Section 24 of the Indian Evidence Act) renders a confession irrelevant in a criminal proceeding when it appears to have been caused by inducement, threat, coercion or promise. The correct section is Section 22.
In the Bharatiya Sakshya Adhiniyam, 2023, the bar on proving a confession made to a police officer against the accused is contained in,
aSection 23
bSection 25
cSection 24
dSection 22
Answer: A
Section 23(1) of the BSA, 2023 (formerly Section 25 of the Indian Evidence Act) provides that no confession made to a police officer shall be proved as against a person accused of any offence. The correct section is Section 23.
The 'discovery of fact' exception, under which so much of the information received from an accused in police custody as relates distinctly to the fact discovered may be proved, is found in the Bharatiya Sakshya Adhiniyam, 2023 in,
aSection 24
bSection 22
cSection 23(2)
dSection 26
Answer: C
The proviso to Section 23(2) of the BSA, 2023 retains the rule formerly in Section 27 of the Indian Evidence Act, permitting proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered. The correct section is Section 23(2).
Under the Bharatiya Sakshya Adhiniyam, 2023, a dying declaration, that is, a statement by a person as to the cause of his death, is made relevant under,
aSection 32
bSection 26
cSection 24
dSection 39
Answer: B
Section 26 of the BSA, 2023 (formerly Section 32 of the Indian Evidence Act) makes relevant statements of persons who cannot be called as witnesses, including dying declarations under clause (a).
The opinion of experts as to a point of foreign law, science, art, handwriting or finger impressions is made relevant under the Bharatiya Sakshya Adhiniyam, 2023 by,
aSection 39
bSection 45
cSection 47
dSection 51
Answer: A
Section 39 of the BSA, 2023 (formerly Section 45 of the Indian Evidence Act) makes the opinion of experts relevant on points of foreign law, science, art, handwriting and finger impressions.
Under the Bharatiya Sakshya Adhiniyam, 2023, the cases in which secondary evidence relating to documents may be given are enumerated in,
aSection 57
bSection 60
cSection 58
dSection 63
Answer: B
Section 60 of the BSA, 2023 (formerly Section 65 of the Indian Evidence Act) sets out the cases in which secondary evidence relating to documents is admissible.
In the Bharatiya Sakshya Adhiniyam, 2023, the provision corresponding to Section 65B of the Indian Evidence Act, dealing with admissibility of electronic records and the accompanying certificate, is,
aSection 62
bSection 61
cSection 63
dSection 65
Answer: C
Section 63 of the BSA, 2023 governs admissibility of electronic records and requires the certificate formerly prescribed by Section 65B of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving a fact especially within the knowledge of a person lies upon that person by virtue of,
aSection 119
bSection 109
cSection 104
dSection 105
Answer: B
Section 109 of the BSA, 2023 (formerly Section 106 of the Indian Evidence Act) places the burden of proving a fact especially within a person's knowledge upon him.
The doctrine of lis pendens, by which property in dispute cannot be transferred during the pendency of a suit so as to affect the rights of any other party under the decree, is contained in:
aSection 48
bSection 55
cSection 52
dSection 53
Answer: C
Section 52 embodies the doctrine of lis pendens: during the pendency of a suit in which a right to immovable property is directly and specifically in question, the property cannot be transferred by any party so as to affect the rights of any other party under the decree, except with the authority of the court.
Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of a value less than one hundred rupees, a sale may be made:
aonly by an oral agreement reduced to writing
bonly by delivery of possession with two attesting witnesses
conly by a registered instrument
dby a registered instrument or by delivery of the property
Answer: D
Under Section 54, sale of tangible immovable property of value of one hundred rupees and upwards can be made only by a registered instrument; where the value is less than one hundred rupees, it may be made either by a registered instrument or by delivery of the property.
Section 53A of the Transfer of Property Act, which recognises the doctrine of part performance, operates to:
adispense with registration of every sale deed
bcreate a charge over the property in favour of the transferee
cconfer a right of ownership on the transferee enforceable against the whole world
ddebar the transferor and persons claiming under him from enforcing against the transferee any right in respect of the property of which the transferee has taken possession, other than a right expressly provided by the contract
Answer: D
Section 53A is a shield, not a sword: where a transferee in part performance of a written contract has taken possession and is willing to perform his part, the transferor is barred from enforcing against him any right in the property other than one expressly provided by the contract.
Under Section 58 of the Transfer of Property Act, where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession until payment, and to receive the rents and profits in lieu of interest or principal, the mortgage is a:
aSimple mortgage
bEnglish mortgage
cUsufructuary mortgage
dMortgage by conditional sale
Answer: C
Section 58(d) defines a usufructuary mortgage as one where the mortgagor delivers possession and authorises the mortgagee to retain it and to receive the rents and profits, appropriating them towards interest or principal.
The right of the mortgagor, on payment of the mortgage-money, to have the mortgaged property re-conveyed and the mortgage-deed redelivered to him is known as the right of redemption and is conferred by:
aSection 91
bSection 76
cSection 67
dSection 60
Answer: D
Section 60 confers on the mortgagor the right of redemption, namely on payment of the mortgage-money at any proper time to require the mortgagee to deliver the mortgage-deed, deliver possession and re-transfer the property.
A lease of immovable property, as defined in Section 105 of the Transfer of Property Act, is a transfer of:
aa right to enjoy the property for a certain time, or in perpetuity, in consideration of a price or rent
bownership of the property for a price called premium
call interest of the transferor without consideration
da mere licence to use the property revocable at will
Answer: A
Section 105 defines a lease as a transfer of a right to enjoy immovable property, made for a certain time or in perpetuity, in consideration of a premium or rent; it is not a transfer of ownership.
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for purposes other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, deemed to be a lease from month to month, terminable by:
afifteen days' notice
bthirty days' notice
cninety days' notice
dsix months' notice
Answer: A
Under Section 106, a lease for any purpose other than agricultural or manufacturing is deemed to be from month to month, terminable by fifteen days' notice; agricultural and manufacturing leases are from year to year, terminable by six months' notice.
Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by:
aan unregistered writing attested by two witnesses
ban oral agreement accompanied by delivery of possession
ceither a registered instrument or by delivery of possession
da registered instrument
Answer: D
Section 107 requires that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, be made only by a registered instrument; all other leases may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.
In the absence of any contract to the contrary, an agent who makes a contract on behalf of his principal can, under Section 230 of the Indian Contract Act, 1872, personally enforce or be bound by such contract:
anever; but a contract to the contrary is presumed where the principal is undisclosed
balways, in every case
conly where the principal is a minor
donly with the leave of the court
Answer: A
Section 230 lays down that, absent a contrary contract, an agent cannot personally enforce nor be bound by contracts made on the principal's behalf; a contrary contract is presumed where the agent acts for a foreign merchant, does not disclose the principal, or where the disclosed principal cannot be sued.
A person who finds goods belonging to another and takes them into his custody is, under the Indian Contract Act, 1872, subject to the same responsibility as a:
asurety
bbailor
cbailee
dpledgee
Answer: C
Section 71 provides that a finder of goods who takes them into custody is subject to the same responsibility as a bailee, and is entitled to retain them under Section 168 until compensated for trouble and expense.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful where, among other grounds, the Court regards it as:
amade in haste
bmerely unprofitable
ccommercially unwise
dopposed to public policy
Answer: D
Section 23 declares the consideration or object unlawful if it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to person or property, or is regarded by the Court as immoral or opposed to public policy; such an agreement is void.
Under Section 124 of the Indian Contract Act, 1872, a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is called a:
aQuasi-contract
bContract of bailment
cContract of guarantee
dContract of indemnity
Answer: D
Section 124 defines a contract of indemnity as one to save the other from loss caused by the conduct of the promisor himself or any other person. A guarantee under Section 126 concerns the default of a third person.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the:
aCreditor
bPrincipal debtor
cIndemnifier
dSurety
Answer: B
Under Section 126 the person who gives the guarantee is the surety, the person to whom it is given is the creditor, and the person in respect of whose default it is given is the principal debtor.
Under Section 171 of the Indian Contract Act, 1872, which of the following is NOT entitled, in the absence of a contract to the contrary, to a general lien over goods bailed?
aFactors
bBankers
cCarriers
dWharfingers
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers. Carriers are not within this list and have, at most, a particular lien.
Section 25 of the Indian Contract Act, 1872 lays down that an agreement made without consideration is void, EXCEPT in certain cases. Which of the following is NOT one of the statutory exceptions?
aA written and signed promise to pay a time-barred debt
bAn oral promise of gift between strangers for adequate moral cause
cA promise to compensate a person who has already voluntarily done something for the promisor
dA written and registered promise made on account of natural love and affection between parties in near relation
Answer: B
Section 25 recognises only three exceptions: natural love and affection (written and registered), compensation for past voluntary services, and a written promise to pay a time-barred debt. An oral gift promise between strangers is not saved.
The benefit of Section 5 of the Limitation Act, 1963 (extension of period on sufficient cause) is available to:
aAny appeal or application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908
bOnly applications, and not to appeals
cEvery plaint, appeal and application without exception
dAny suit
Answer: A
Section 5 permits condonation of delay only for an appeal or application (not a suit), and expressly excludes applications under Order XXI CPC (execution).
Where the period prescribed for any suit, appeal or application expires on a day when the Court is closed, the proceeding may be instituted, preferred or made:
aOn the last working day before the closure
bWithin 30 days after the Court reopens
cOnly with leave of the Court for sufficient cause
dOn the day when the Court reopens
Answer: D
Section 4 allows the proceeding to be filed on the day the Court reopens; the Court is deemed closed if it is closed during any part of its normal working hours.
Section 6 of the Limitation Act, 1963 extends the period of limitation in favour of a person who, at the time from which the prescribed period is reckoned, is suffering from which of the following disabilities?
aPoverty or illiteracy
bAbsence from India
cImprisonment under a sentence
dMinority, insanity or idiocy
Answer: D
Section 6 recognises minority, insanity and idiocy as legal disabilities entitling the person to institute the suit or application after the disability ceases.
Under Section 8 of the Limitation Act, 1963, the extension allowed on account of a legal disability under Sections 6 and 7 cannot, after the cessation of the disability, exceed:
aThree years
bTwo years
cSix years
dOne year
Answer: A
Section 8 caps the extension flowing from disability so that the further period after the disability ceases shall not exceed three years.
In computing the period of limitation for an appeal, the time requisite for obtaining a copy of the decree, sentence or order appealed from is excluded under:
aSection 5
bSection 14
cSection 4
dSection 12
Answer: D
Section 12 excludes the day of pronouncement of the judgment and the time requisite for obtaining a copy of the decree/order appealed from while computing limitation for an appeal.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property otherwise than in due course of law must be brought within:
aThree months from the date of dispossession
bOne year from the date of dispossession
cSix months from the date of dispossession
dTwelve years from the date of dispossession
Answer: C
Section 6(2)(a) bars any suit under that section after the expiry of six months from the date of dispossession.
Under Section 5 of the Specific Relief Act, 1963, a person entitled to the possession of specific immovable property may recover it in the manner provided by:
aThe Code of Civil Procedure, 1908
bThe Limitation Act, 1963
cThe Indian Easements Act, 1882
dThe Transfer of Property Act, 1882
Answer: A
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.
After the Specific Relief (Amendment) Act, 2018, the enforcement of specific performance of a contract under Section 10 is:
aAvailable only where damages are an adequate remedy
bPurely within the discretion of the court
cBarred unless the contract is registered
dTo be enforced by the court, subject to Sections 11(2), 14 and 16
Answer: D
The 2018 amendment substituted Section 10, making specific performance enforceable by the court subject to Sections 11(2), 14 and 16, replacing the earlier discretionary regime.
Under Section 6 of the Negotiable Instruments Act, 1881, a "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, and it includes:
aA hundi drawn upon a banker
bThe electronic image of a truncated cheque and a cheque in the electronic form
cOnly a paper cheque physically signed by the drawer
dA promissory note payable on demand
Answer: B
The Explanation to Section 6 (inserted by the 2002 amendment) provides that a cheque includes the electronic image of a truncated cheque and a cheque in the electronic form. A promissory note and a hundi are distinct instruments.
Where the amount undertaken or ordered to be paid in a negotiable instrument is stated differently in figures and in words, Section 18 of the Negotiable Instruments Act, 1881 provides that:
aThe instrument is void for ambiguity
bThe lesser of the two amounts shall prevail
cThe amount stated in figures shall prevail
dThe amount stated in words shall be the amount undertaken or ordered to be paid
Answer: D
Section 18 expressly provides that where the amount differs in figures and words, the amount stated in words shall be the amount undertaken or ordered to be paid.
Under Section 31 of the Negotiable Instruments Act, 1881, the drawee of a cheque having sufficient funds of the drawer properly applicable to its payment, who defaults in paying when duly required, must compensate:
aAny indorser of the cheque
bThe payee of the cheque
cThe drawer for any loss or damage caused by such default
dThe holder in due course
Answer: C
Section 31 makes the drawee-banker liable only to the drawer for loss or damage caused by wrongful dishonour; the banker has no direct liability to the holder or payee.
Under Section 25 of the Negotiable Instruments Act, 1881, when the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on:
aThe same day notwithstanding the holiday
bThe next preceding business day
cThe next succeeding business day
dThe third day after the holiday
Answer: B
Section 25 provides that when the day of maturity is a public holiday (which includes Sundays and days notified by the Central Government), the instrument is deemed due on the next preceding business day.
Section 99 of the Negotiable Instruments Act, 1881 deals with which of the following?
aAcceptance for honour
bProtest
cNoting of dishonour by a notary public upon the instrument
dNotice of dishonour to prior parties
Answer: C
Section 99 deals with "noting" — when an instrument is dishonoured, the holder may cause the dishonour to be noted by a notary public upon the instrument or a paper attached to it. Protest is dealt with under Section 100.
Under Section 71 of the Registration Act, 1908, where a Sub-Registrar refuses to register a document, he is bound to:
aforward the document directly to the District Court
brefer the matter to the State Government for orders
cmake an order of refusal and record his reasons for such order in his Book No. 2
ddestroy the document after thirty days
Answer: C
Section 71 requires a registering officer refusing to register to make an order of refusal and record his reasons in Book No. 2, and to allow a copy of those reasons to the persons concerned.
Under Section 60 of the Registration Act, 1908, after a document has been duly copied, the registering officer endorses a certificate containing the word 'registered' together with:
athe date of execution of the document
bthe number and page of the book in which the document has been copied
cthe market value of the property
dthe signature of the District Registrar
Answer: B
Section 60 provides for endorsement of a certificate bearing the word 'registered' along with the number and page of the book in which the document has been copied, which is then admissible as proof of registration.
Under Section 30 of the Registration Act, 1908, a Registrar may, in his discretion:
arefuse to register a sale deed without recording reasons
bcondone delay of any length in presentation of a document
cregister a will after the death of the testator without enquiry
dregister any document which might be registered by any Sub-Registrar subordinate to him
Answer: D
Section 30 permits a Registrar, in his discretion, to receive and register any document which might be registered by any Sub-Registrar subordinate to him.
Which of the following correctly describes the register-books to be kept under Section 16 of the Registration Act, 1908?
aBook No. 1 is the register of non-testamentary documents relating to immovable property
bBook No. 2 is the register of non-testamentary documents relating to immovable property
cBook No. 1 is the register of wills and authorities to adopt
dBook No. 3 records reasons for refusal to register
Answer: A
Under Section 16, Book No. 1 is the register of non-testamentary documents relating to immovable property; Book No. 2 records reasons for refusal, Book No. 3 registers wills and authorities to adopt.
Under the Chhattisgarh Excise Act, 1915, the power to declare by notification what shall be deemed to be 'country liquor' and 'foreign liquor' is vested in:
aThe Excise Commissioner
bThe State Government
cThe Board of Revenue
dThe Collector of the district
Answer: B
The Act empowers the State Government, by notification, to declare what shall be deemed to be 'country liquor' and 'foreign liquor' for the purposes of the Act.
Under the Chhattisgarh Excise Act, 1915, no intoxicant shall be sold:
aExcept between sunrise and sunset
bUnless the buyer produces proof of residence in the State
cExcept under the authority and subject to the terms and conditions of a licence granted in that behalf
dUnless the seller is a registered medical practitioner
Answer: C
The Act provides that no intoxicant shall be sold except under the authority and subject to the terms and conditions of a licence granted in that behalf.
Under the long title of the Chhattisgarh Excise Act, 1915, the Act was enacted to:
aConsolidate and amend the excise law in Chhattisgarh
bProvide for the rehabilitation of drug addicts
cRegulate the establishment of cantonments
dLevy a tax on the sale of tobacco products
Answer: A
The long title states that it is an Act to consolidate and amend the excise law in Chhattisgarh relating to intoxicating liquor and intoxicating drugs.
Under the Chhattisgarh Rent Control Act, 2011, the maximum amount of security deposit that a landlord is entitled to demand and receive from a tenant shall not exceed -
aOne month's rent
bTwo months' rent
cThree months' rent
dSix months' rent
Answer: C
The Act permits a landlord to demand and receive a security deposit for an amount not exceeding three months' rent.
Under the Chhattisgarh Rent Control Act, 2011, the rights of a tenant are enumerated in -
aSchedule 3
bSchedule 2
cSchedule 1
dSchedule 4
Answer: C
The Act sets out the tenant's rights in Schedule 1, the landlord's rights in Schedule 2, the landlord's obligations in Schedule 3, and the tenant's obligations in Schedule 4.
Refund of the court fee paid on a memorandum of appeal, where the appellate court remands the suit to the lower court for a second decision, is provided under which section of the Court Fees Act, 1870?
aSection 15
bSection 13
cSection 11
dSection 12
Answer: B
Section 13 authorises refund of the full court fee paid on a memorandum of appeal where the appeal is allowed and the suit is remanded for a second decision, the appellate court granting a certificate to recover the fee.
Under the Court Fees Act, 1870, refund of fee paid on an application for review of judgment is dealt with under:
aSection 14
bSection 16
cSection 15
dSection 13
Answer: A
Section 14 of the Court Fees Act, 1870 provides for refund of court fee paid on an application for review of judgment in the circumstances specified therein.
The power of the appropriate Government to reduce or remit, by notification in the Official Gazette, the whole or any part of the fees mentioned in the First and Second Schedules to the Court Fees Act, 1870, is contained in:
aSection 25
bSection 19
cSection 35
dSection 30
Answer: C
Section 35 empowers the appropriate (State) Government, by notification in the Official Gazette, to reduce or remit any of the fees in the First and Second Schedules, and to cancel or vary such order.
Under the Chhattisgarh Land Revenue Code, 1959, an appeal preferred to the Commissioner must be filed within how many days from the date of the order?
a30 days
b60 days
c45 days
d90 days
Answer: B
The Code fixes the limitation for an appeal to the Commissioner at 60 days, as distinct from 45 days for an appeal to the Sub-Divisional Officer or Collector and 90 days to the Board.
Which of the following powers is NOT available to the appellate authority while deciding an appeal under the Chhattisgarh Land Revenue Code, 1959?
aTo confirm the order appealed against
bTo convict the appellant for an offence under the Code
cTo vary the order appealed against
dTo reverse the order appealed against
Answer: B
In an appeal the authority may confirm, vary or reverse the order appealed against (and take additional evidence); it has no power to convict the appellant of an offence while exercising appellate revenue jurisdiction.
Under the Chhattisgarh Land Revenue Code, 1959, the power to call for and examine the record of any case decided by a subordinate revenue officer to satisfy itself as to the legality or propriety of the order is known as:
aAppeal
bReference
cRevision
dReview
Answer: C
The Board, Commissioner or Collector may, in exercise of revisional power under the Code, call for and examine the record of a case to test the legality or propriety of an order of a subordinate revenue officer.
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