Chhattisgarh Judiciary Mock Test 8 — Questions & Solutions
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Appointments of persons to the judicial service of a State, other than district judges, are made by the Governor in accordance with rules framed after consultation with the State Public Service Commission and the High Court, under
aArticle 233
bArticle 235
cArticle 236
dArticle 234
Answer: D
Article 234 governs recruitment of persons (other than district judges) to the judicial service of a State, requiring consultation with the State Public Service Commission and the High Court.
In All India Judges' Association v. Union of India, the Supreme Court emphasised that control over the subordinate judiciary is vested in the High Court as a whole and not in its Chief Justice alone, relying principally on
aArticle 233
bArticle 217
cArticle 235
dArticle 124
Answer: C
The Court reiterated that Article 235 vests control over the subordinate judiciary in the High Court as a body, an aspect of the independence of the judiciary read with Article 50.
The words 'Socialist', 'Secular' and 'Integrity' were inserted in the Preamble of the Constitution by which Constitutional Amendment Act?
aThe 24th Constitutional Amendment Act, 1971
bThe 44th Constitutional Amendment Act, 1978
cThe 42nd Constitutional Amendment Act, 1976
dThe 25th Constitutional Amendment Act, 1971
Answer: C
The 42nd Amendment Act, 1976 added 'Socialist' and 'Secular' to 'Republic' and changed 'unity of the Nation' to 'unity and integrity of the Nation' in the Preamble.
In which case did the Supreme Court of India, by a 7:6 majority, propound the doctrine that Parliament cannot amend the 'basic structure' of the Constitution?
aSajjan Singh v. State of Rajasthan
bGolak Nath v. State of Punjab
cKesavananda Bharati v. State of Kerala
dShankari Prasad v. Union of India
Answer: C
Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461), decided by a 7:6 majority, held that the basic structure of the Constitution cannot be abrogated even by a constitutional amendment under Article 368.
Under Article 233 of the Constitution, the appointment, posting and promotion of district judges in a State is made by the
aChief Justice of the High Court alone
bGovernor of the State in consultation with the High Court
cPresident of India in consultation with the Chief Justice of India
dState Public Service Commission
Answer: B
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
A person not already in the service of the Union or the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than
aTen years
bSeven years
cThree years
dFive years
Answer: B
Article 233(2) requires that such a candidate must have been an advocate or pleader for not less than seven years and is recommended by the High Court for appointment.
Which of the following modes of executing a decree is NOT enumerated in Section 51 of the CPC?
aBy rejection of the plaint
bBy appointing a receiver
cBy delivery of any property specifically decreed
dBy attachment and sale of property
Answer: A
Section 51 lists modes of execution: delivery of property, attachment and sale, arrest and detention, appointing a receiver and 'such other manner as the nature of relief requires'. Rejection of a plaint (Order VII Rule 11) is not a mode of execution.
Under Order VII Rule 11 of the CPC, a plaint shall be rejected in all the following situations EXCEPT where:
aa material witness for the plaintiff is found to be unreliable
bthe suit appears from the statement in the plaint to be barred by any law
cthe plaint does not disclose a cause of action
dthe relief is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
Answer: A
Order VII Rule 11 grounds include no cause of action, undervaluation, insufficient stamp, suit barred by law, and non-compliance with Rule 9. Reliability of a witness is a matter of trial and is not a ground for rejection of a plaint.
A first appeal from an original decree under Section 96 of the CPC does NOT lie:
awhere the value of the subject-matter exceeds the prescribed limit
bfrom a decree of a court exercising original jurisdiction
cfrom an ex parte decree
dfrom a decree passed with the consent of parties
Answer: D
Section 96(3) bars an appeal from a decree passed by the court with the consent of the parties. An ex parte decree, however, is expressly appealable under Section 96(2).
A second appeal to the High Court under Section 100 of the CPC lies only when the case involves:
aa substantial question of law
bany question of fact
ca mixed question of fact and law in every instance
dan error apparent on the face of the record
Answer: A
Section 100, as amended in 1976, permits a second appeal only on a substantial question of law, which must be formulated by the High Court. Findings of fact by the first appellate court are ordinarily final.
Under Section 115 of the CPC, the revisional jurisdiction of the High Court can be exercised where a subordinate court:
ahas passed a decree against the weight of evidence
bhas merely admitted inadmissible evidence
chas exercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted with material irregularity in exercise of its jurisdiction
dhas decided a case erroneously on the merits of fact
Answer: C
Section 115 is confined to jurisdictional errors: assuming jurisdiction not vested, failing to exercise vested jurisdiction, or acting illegally or with material irregularity in exercise of jurisdiction. It is not a remedy against erroneous findings on merits.
Section 148A of the CPC, which enables a person apprehending an interim order against him to lodge a caveat, provides that a caveat shall remain in force for:
a60 days
b90 days
c30 days
d120 days
Answer: B
Under Section 148A(5), a caveat remains in force for ninety days from the date on which it was lodged, unless an application referred to in the section has already been made before its expiry.
Under Order XXI Rule 92 read with the Limitation Act, an application to set aside a sale of immovable property in execution must ordinarily be made within:
asixty days from the date of the sale
bone year from the date of the sale
cthirty days from the date of the sale
dninety days from the date of confirmation
Answer: C
An application under Order XXI (Rules 89, 90 or 91) to set aside a sale must be made within thirty days from the date of the sale; where no such application is made or it is disallowed, the court confirms the sale under Rule 92.
A temporary injunction restraining a party from alienating or wasting the suit property may be granted under which provision of the CPC?
aOrder XL Rule 1
bOrder XXXVIII Rule 5
cOrder XXXIX Rules 1 and 2
dOrder XXVI Rule 9
Answer: C
Order XXXIX Rules 1 and 2 empower the court to grant a temporary injunction, inter alia, where the property in dispute is in danger of being wasted, damaged or alienated. Order XXXVIII Rule 5 deals with attachment before judgment.
Under Order XXXIX Rule 2A of the CPC, in case of disobedience of a temporary injunction, the court may order the detention of the guilty person in civil prison for a term not exceeding:
athree months
bone month
csix months
dtwo months
Answer: A
Order XXXIX Rule 2A permits the court, on disobedience or breach of an injunction, to attach the property of the person guilty and to detain him in civil prison for a term not exceeding three months.
Section 89 of the CPC, introduced by the 1999 Amendment, empowers the court to refer a dispute for settlement to all of the following modes EXCEPT:
ajudicial settlement including settlement through Lok Adalat
bconciliation
carbitration
dcriminal prosecution
Answer: D
Section 89 lists four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation. Criminal prosecution is not a mode of settlement under this section.
Order I Rule 10(2) of the CPC empowers the court to add or strike out parties. The principle that a person whose presence is necessary to enable the court to effectually and completely adjudicate the suit must be joined refers to a:
aproper party
bpro forma party
cnecessary party
dformal party
Answer: C
A necessary party is one in whose absence no effective decree can be passed and whose presence is indispensable for complete adjudication. A proper party, by contrast, is one whose presence merely aids a complete and effective decision.
Where the death of a woman is caused by burns or bodily injury, or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that she was subjected to cruelty in connection with a demand for dowry, the offence of dowry death under the Bharatiya Nyaya Sanhita, 2023 falls under which section?
aSection 80
bSection 85
cSection 79
dSection 84
Answer: A
Section 80 BNS defines dowry death and prescribes imprisonment of not less than seven years, which may extend to imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voluntarily causing grievous hurt is punishable under which section?
aSection 116
bSection 115
cSection 118
dSection 117
Answer: D
Section 117 BNS punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine. Section 115 deals with voluntarily causing (simple) hurt and Section 116 defines grievous hurt.
‘A’ threatens ‘B’ with injury to his reputation in order to cause alarm to ‘B’. Under the Bharatiya Nyaya Sanhita, 2023, this offence of criminal intimidation is dealt with under which section?
aSection 351
bSection 308
cSection 318
dSection 356
Answer: A
Section 351 BNS defines and punishes criminal intimidation (corresponding to old IPC Section 503/506). Section 308 deals with extortion.
'A', a Judge of the Sessions Court at Bilaspur, in good faith and in the exercise of a power which he believes to be conferred on him by law, passes an order of sentence which he later finds he had no jurisdiction to pass. Under the Bharatiya Nyaya Sanhita, 2023, A is protected by which General Exception?
aSection 16 (act done pursuant to judgment or order of court)
bSection 15 (act of Judge when acting judicially)
cSection 17 (act done by mistake of law)
dSection 14 (act of person bound by law)
Answer: B
Section 15 BNS exempts an act done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language or personal belief (mob lynching), each member shall be punished with:
aImprisonment which may extend to seven years and fine
bDeath or imprisonment for life, and also fine
cRigorous imprisonment for not less than ten years
dImprisonment for life only
Answer: B
Section 103(2) BNS provides that such mob-lynching murder is punishable with death or imprisonment for life, and the offender shall also be liable to fine.
'A' instigates 'B' to murder 'C'. 'B', in consequence of the instigation, refuses to commit the murder. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of:
aNo offence, since no act followed
bCriminal conspiracy under Section 61
cAttempt to murder under Section 109
dAbetment of murder under Section 45
Answer: D
Under Section 45 BNS a person abets a thing by instigating another to do it; abetment is complete on instigation even if the act abetted is not committed.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been introduced as a distinct offence and is punishable under which section?
aSection 310
bSection 309
cSection 304
dSection 303
Answer: C
Section 304 BNS introduces snatching as a distinct offence (theft committed by suddenly, quickly or forcibly seizing movable property), punishable with imprisonment up to three years and fine.
Under Section 472 of the BNSS, 2023, a convict under sentence of death may file a mercy petition to the President of India within a period of, from the date the Superintendent of jail informs him of the dismissal of his appeal or review,
aFifteen days
bNinety days
cThirty days
dSixty days
Answer: C
Section 472 of the BNSS, a wholly new provision, prescribes a period of thirty days for filing a mercy petition before the President under Article 72 or the Governor under Article 161.
Under Section 514 of the BNSS, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term exceeding one year but not exceeding three years is,
aSix months
bThree years
cFive years
dOne year
Answer: B
Section 514 of the BNSS bars cognizance after three years where the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
Under the BNSS, 2023, the supply of copies of the police report and other documents to the accused and the victim is governed by,
aSection 265
bSection 207
cSection 251
dSection 230
Answer: D
Section 230 of the BNSS requires the Magistrate to supply free of cost to the accused and the victim copies of the police report, FIR and statements, including in electronic form, within fourteen days.
Under the BNSS, 2023, the power of the High Court and the Court of Session to grant anticipatory bail to a person apprehending arrest on accusation of a non-bailable offence is contained in,
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Section 482 of the BNSS provides for the grant of anticipatory bail (direction for grant of bail to a person apprehending arrest), corresponding to the erstwhile Section 438 CrPC.
Under Section 2(1) of the BNSS, 2023, a 'warrant-case' means a case relating to an offence punishable with,
aFine only
bImprisonment for a term exceeding three years only
cImprisonment for a term not exceeding two years
dDeath, imprisonment for life or imprisonment for a term exceeding two years
Answer: D
Section 2(1)(z) of the BNSS defines a warrant-case as one relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; any other case is a summons-case.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which provision empowers a police officer to arrest without a warrant a person who has committed a cognizable offence?
aSection 35
bSection 41
cSection 50
dSection 173
Answer: A
Section 35 of the BNSS, 2023 (corresponding to Sections 41 and 41A of the old CrPC) lays down the circumstances in which a police officer may arrest a person without a warrant or an order of a Magistrate.
For an offence punishable with death, imprisonment for life or imprisonment for ten years or more, the maximum period for which a Magistrate may authorise detention of the accused under Section 187 of the BNSS, 2023, before default bail accrues is:
a90 days
b60 days
c75 days
d120 days
Answer: A
Under Section 187(3) of the BNSS, 2023 (successor to Section 167 CrPC), the outer limit of custody is 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for all other offences.
Under Section 2 of the BNSS, 2023, a "warrant-case" means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding:
athree years
btwo years
csix months
done year
Answer: B
Section 2(1)(z) of the BNSS, 2023 defines a warrant-case as one relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; all other cases are summons-cases.
Which section of the BNSS, 2023 statutorily recognises the registration of a "Zero FIR" by providing that information relating to a cognizable offence may be recorded "irrespective of the area where the offence is committed"?
aSection 173
bSection 175
cSection 176
dSection 154
Answer: A
Section 173 of the BNSS, 2023 (successor to Section 154 CrPC) codifies the Zero FIR and also permits information to be given by electronic communication, the signature on which is to be taken within three days.
Under the first proviso to Section 479 of the BNSS, 2023, a first-time offender (one never previously convicted of any offence) shall be released on bond if he has undergone detention up to what fraction of the maximum period of imprisonment specified for the offence?
aone-fourth
bone-half
ctwo-thirds
done-third
Answer: D
Section 479 of the BNSS, 2023 fixes the general undertrial detention ceiling at one-half of the maximum sentence, but its first proviso releases a first-time offender on bond after detention of up to one-third of that maximum.
The general rule that the burden of proof in a suit or proceeding lies on the person who would fail if no evidence were given on either side is found in the Bharatiya Sakshya Adhiniyam, 2023 in,
aSection 109
bSection 104
cSection 101
dSection 105
Answer: B
Section 104 of the BSA, 2023 (formerly Section 101 of the Indian Evidence Act) lays down the general rule of burden of proof.
Under the Bharatiya Sakshya Adhiniyam, 2023, a witness who is unable to communicate verbally (a dumb witness) may give evidence in writing or by signs, as provided in,
aSection 119
bSection 121
cSection 124
dSection 125
Answer: D
Section 125 of the BSA, 2023 (formerly Section 119 of the Indian Evidence Act) permits a witness unable to communicate verbally to give evidence in writing or by signs, treated as oral evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall be required for the proof of any fact is contained in,
aSection 138
bSection 146
cSection 134
dSection 139
Answer: D
Section 139 of the BSA, 2023 (formerly Section 134 of the Indian Evidence Act) provides that no particular number of witnesses is required to prove any fact, embodying the principle that evidence is weighed, not counted.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the doctrine of res gestae - relevancy of facts forming part of the same transaction - is contained in:
aSection 3
bSection 6
cSection 4
dSection 5
Answer: C
Section 4 BSA makes facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction relevant; this codifies the principle of res gestae (corresponding to old s.6 IEA).
A confession made to a police officer is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aConclusive proof of guilt
bAdmissible if reduced to writing
cAdmissible only before a Magistrate
dNot to be proved against a person accused of any offence
Answer: D
Section 23(1) of the BSA declares that no confession made to a police officer shall be proved as against a person accused of any offence (corresponding to the old Section 25 IEA). The correct answer is that such a confession is not to be proved against the accused.
When a fact is deposed to as discovered in consequence of information received from an accused in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. This rule is contained in:
aSection 23(1)
bSection 22
cSection 23(2)
dSection 24
Answer: C
The proviso to Section 23(2) of the BSA permits proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered (corresponding to the old Section 27 IEA). The correct section is Section 23(2).
Statements made by a person who is dead, as to the cause of his death or the circumstances of the transaction which resulted in his death (the dying declaration), are made relevant under:
aSection 24
bSection 26
cSection 27
dSection 29
Answer: B
Section 26(a) BSA renders relevant statements of a deceased person as to the cause of death or circumstances of the transaction resulting in death; this is the basis of the dying declaration (corresponding to old s.32(1) IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of an expert on a point of foreign law, science, art, or as to handwriting or finger impressions is relevant under:
aSection 39
bSection 41
cSection 38
dSection 45
Answer: A
Section 39(1) BSA makes relevant the opinions of persons specially skilled in foreign law, science, art, handwriting or finger impressions (corresponding to old s.45 IEA).
In a civil case, the fact that the character of a party is such as to render probable or improbable any conduct imputed to him is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aRelevant only to assess damages
bConclusive proof of the conduct
cIrrelevant, except so far as such character appears from facts otherwise relevant
dAlways relevant
Answer: C
Section 46 BSA makes character irrelevant in civil cases to prove conduct, save in so far as it appears from facts otherwise relevant (corresponding to old s.52 IEA).
Which one of the following is NOT a mode by which a lease of immovable property determines under Section 111 of the Transfer of Property Act?
aBy efflux of the time limited by the lease
bBy forfeiture on breach of an express condition
cBy the mere unilateral wish of the lessee without notice or surrender
dBy merger of the interests of lessee and lessor in the same person
Answer: C
Section 111 enumerates modes of determination of a lease such as efflux of time, merger, forfeiture, surrender and notice to quit; a lessee's mere unilateral wish, without surrender or the requisite notice, is not a recognised mode.
Under Sections 122 and 123 of the Transfer of Property Act, a gift of immovable property must, to be valid, be effected by:
adelivery of possession alone, registration being optional
ban unregistered writing signed by the donee
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 122 defines gift as a voluntary transfer without consideration accepted by the donee during the donor's lifetime; Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Under the rule against perpetuity contained in Section 14 of the Transfer of Property Act, the vesting of interest in property may be postponed only up to:
athe lifetime of the transferor alone
bthe life or lives of one or more persons living at the date of the transfer and the minority of the ultimate beneficiary
can unlimited period if the transferee is ascertained
da fixed period of twenty-one years from the date of transfer in every case
Answer: B
Section 14 forbids creating an interest that is to take effect after the lifetime of one or more persons living at the date of transfer, plus the minority of an ultimate beneficiary who must be in existence at the expiration of that period.
A person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration. He subsequently acquires an interest in that property while the contract subsists. Under Section 43 of the Transfer of Property Act, the transfer:
aCan be enforced only against a subsequent transferee with notice
bOperates automatically in favour of the transferor
cOperates, at the option of the transferee, on the interest later acquired by the transferor
dRemains void as the transferor had no title at the date of transfer
Answer: C
Section 43 embodies the rule of feeding the grant by estoppel: the after-acquired interest may, at the option of the transferee, enure for his benefit while the contract of transfer subsists.
Where, with the consent of the persons interested in immovable property, a person is the ostensible owner and transfers the property for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make it, provided the transferee took reasonable care and acted in good faith. This rule is embodied in:
aSection 43 of the Transfer of Property Act
bSection 53 of the Transfer of Property Act
cSection 38 of the Transfer of Property Act
dSection 41 of the Transfer of Property Act
Answer: D
Section 41 protects a bona fide transferee for consideration from the ostensible owner, where the transferee, after taking reasonable care, acted in good faith.
During the pendency of a suit in which a right to immovable property is directly and specifically in question, a party to the suit transfers that property. Under the doctrine of lis pendens in Section 52 of the Transfer of Property Act, such a transfer is:
aVoidable at the option of the transferor
bValid but cannot affect the rights of any other party under the decree that may be passed
cVoid ab initio
dWholly unaffected by the result of the suit
Answer: B
Under Section 52 a transfer pendente lite is not void; it is subordinate to the rights of the parties as finally determined by the court's decree or order.
In the absence of a contract to the contrary, a lease of immovable property for agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, deemed to be a lease from year to year, terminable by:
aThree months' notice
bSix months' notice
cFifteen days' notice
dOne month's notice
Answer: B
Section 106 deems an agricultural or manufacturing lease to be a lease from year to year, terminable on either side by six months' notice.
Under Section 73 of the Indian Contract Act, 1872, compensation for loss caused by breach of contract is NOT to be given for:
aLoss which the parties knew, when they made the contract, to be likely to result from the breach
bLoss which naturally arose in the usual course of things from the breach
cAny remote and indirect loss or damage sustained by reason of the breach
dLoss caused by failure to discharge an obligation resembling those created by contract
Answer: C
Section 73 expressly excludes compensation for any remote and indirect loss or damage sustained by reason of the breach, codifying the rule in Hadley v. Baxendale.
Section 74 of the Indian Contract Act, 1872 deals with compensation where a sum is named in the contract as the amount to be paid in case of breach. It entitles the aggrieved party to:
aOnly the actual loss proved, the named sum being wholly disregarded
bThe whole of the named sum automatically, irrespective of actual loss
cReasonable compensation not exceeding the amount so named, whether or not actual damage is proved
dDouble the named sum as penalty
Answer: C
Under Section 74, where a sum is named or a penalty stipulated, the party complaining of breach is entitled to reasonable compensation not exceeding the amount named, whether or not actual damage is proved to have been caused.
Under Section 68 of the Indian Contract Act, 1872, where necessaries suited to his condition in life are supplied to a person incapable of contracting, the supplier is entitled to be reimbursed:
aFrom the property of such incapable person
bPersonally from the incapable person by way of a binding contract
cFrom the State out of public funds
dNot at all, as the agreement is void
Answer: A
Section 68 creates an obligation resembling a contract: the supplier of necessaries to an incapable person (such as a minor or lunatic) is entitled to be reimbursed from the property of that person, not by personal liability.
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council, construing Section 11 of the Indian Contract Act, 1872, held that an agreement entered into by a minor is:
aVoid ab initio
bVoidable at the option of the minor
cVoidable at the option of the other party
dValid but unenforceable
Answer: A
The Privy Council held that under Indian law a minor's agreement is absolutely void (void ab initio), not merely voidable as under English law, because a minor lacks competence to contract under Section 11.
Under the second paragraph of Section 56 of the Indian Contract Act, 1872, a contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of some event the promisor could not prevent, becomes:
aValid but the time for performance is extended
bEnforceable against the promisor with damages
cVoidable at the option of the promisee
dVoid when the act becomes impossible or unlawful
Answer: D
Section 56 embodies the doctrine of supervening impossibility (frustration): such a contract becomes void when the act becomes impossible or unlawful.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful where the Court regards it as:
aMerely inadequate in value
bImmoral or opposed to public policy
cReduced into writing but unregistered
dMade between strangers
Answer: B
Section 23 makes the consideration or object unlawful inter alia where the Court regards it as immoral or opposed to public policy; mere inadequacy of consideration does not make an agreement unlawful.
Where an acknowledgment of liability in respect of a right is made in writing signed by the party before the expiration of the prescribed period, a fresh period of limitation is computed under:
aSection 18
bSection 19
cSection 22
dSection 17
Answer: A
Section 18 provides that a written, signed acknowledgment of liability made before the expiry of the prescribed period starts a fresh period of limitation from the date of signing.
Under Section 19 of the Limitation Act, 1963, a fresh period of limitation is computed from the time when:
aThe cause of action first accrued
bThe suit is actually instituted in Court
cThe defendant first denies liability in writing
dPayment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period
Answer: D
Section 19 provides that part-payment of a debt, or payment of interest on a legacy, made before the period expires (with the fact appearing in the handwriting of, or in a writing signed by, the payer) starts a fresh limitation period.
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general rule that limitation bars only the remedy, because it provides that:
aAdverse possession can never confer title
bAt the determination of the period limited for instituting a suit for possession of any property, the right to such property is extinguished
cThe Court may condone delay in possession suits
dThe remedy revives on a fresh acknowledgment
Answer: B
Section 27 extinguishes the very right to the property once the limitation period for a possession suit ends, unlike other provisions which bar only the remedy.
In computing any period of limitation prescribed by the Act, the day from which such period is to be reckoned shall be:
aCounted as half a day
bExcluded
cIncluded or excluded at the discretion of the Court
dIncluded
Answer: B
Section 12(1) provides that in computing the period of limitation for any suit, appeal or application, the day from which the period is to be reckoned is excluded.
The period of limitation for a suit for possession of immovable property or any interest therein based on title (Article 65 of the Schedule) is:
aThirty years
bSix years
cTwelve years
dThree years
Answer: C
Article 65 of the Schedule prescribes twelve years for a suit for possession based on title, running from when the defendant's possession becomes adverse to the plaintiff.
The newly inserted Section 14A of the Specific Relief Act, 1963 empowers the court to:
aGrant an injunction against infrastructure projects
bEngage one or more experts to assist it on any specific issue in the suit
cRefer the dispute compulsorily to arbitration
dAward punitive damages in addition to specific performance
Answer: B
Section 14A, inserted by the 2018 amendment, allows the court to engage one or more experts to obtain opinion or evidence on a specific issue, which forms part of the record.
Under Section 20 of the Specific Relief Act, 1963 (as substituted in 2018), before obtaining substituted performance through a third party, the affected party must give the defaulting party a written notice of not less than:
aThirty days
bSixty days
cNinety days
dFifteen days
Answer: A
Section 20(2) requires a written notice of not less than thirty days to the party in breach before procuring substituted performance from a third party.
Section 20A of the Specific Relief Act, 1963, inserted by the 2018 amendment, bars the grant of an injunction in suits relating to:
aPartnership disputes
bTrust property
cInfrastructure projects specified in the Schedule
dFamily settlements
Answer: C
Section 20A prohibits a court from granting an injunction in any suit relating to infrastructure projects specified in the Schedule where it would cause impediment or delay in their progress or completion.
Under Section 20C of the Specific Relief Act, 1963, a suit filed under the Act is to be disposed of by the court within a period of, from the date of service of summons to the defendant:
aThree months, extendable by one month
bSix months, extendable by three months
cTwelve months, extendable by not exceeding six months in aggregate
dTwenty-four months, not extendable
Answer: C
Section 20C requires disposal within twelve months from service of summons, extendable for a further period not exceeding six months in aggregate after recording reasons.
In determining the amount of any compensation awarded under Section 21 of the Specific Relief Act, 1963, the court shall be guided by the principles specified in which provision of the Indian Contract Act, 1872?
aSection 74
bSection 75
cSection 70
dSection 73
Answer: D
Section 21(5) of the Specific Relief Act directs that compensation be assessed on the principles laid down in Section 73 of the Indian Contract Act, 1872.
For an offence under Section 138 of the Negotiable Instruments Act, 1881 (dishonour of cheque for insufficiency of funds), the maximum imprisonment that may be imposed is:
aThree years
bSix months
cOne year
dTwo years
Answer: D
Section 138 provides for punishment with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, the payee must make a demand for payment by giving notice in writing to the drawer within how many days of receiving information from the bank regarding the dishonour of the cheque?
aWithin 30 days
bWithin 15 days
cWithin one month from the cause of action
dWithin 45 days
Answer: A
Clause (b) of the proviso to Section 138 requires the payee to give written notice demanding payment within 30 days of receipt of information from the bank about the dishonour. The drawer then gets 15 days to pay.
Section 143A of the Negotiable Instruments Act, 1881 (inserted by the 2018 Amendment) empowers the trial court to direct the drawer to pay interim compensation not exceeding:
a10% of the cheque amount
bThe full cheque amount
c20% of the cheque amount
d25% of the cheque amount
Answer: C
Section 143A allows the court to order interim compensation up to 20% of the cheque amount, payable within 60 days of the order (extendable by a further 30 days).
Under Section 9 of the Negotiable Instruments Act, 1881, a "holder in due course" is a person who, for consideration, became the possessor of a negotiable instrument:
aBefore the amount mentioned in it became payable and without sufficient cause to believe any defect existed in the transferor's title
bMerely as an agent for collection on behalf of the true owner
cWithout consideration, by way of gift
dOnly after the instrument had matured
Answer: A
Section 9 requires that a holder in due course obtain possession for consideration, before maturity (if payable to order or bearer), and without sufficient cause to believe any defect existed in the title of the person from whom he derived title.
Under Section 87 of the Negotiable Instruments Act, 1881, any material alteration of a negotiable instrument renders the instrument:
aValid but unenforceable against the drawer alone
bVoid as against anyone who is a party thereto at the time of making the alteration and who does not consent to it
cEnforceable for the altered amount against all parties
dVoidable at the option of the holder only
Answer: B
Section 87 provides that a material alteration made without the consent of a party renders the instrument void as against any such non-consenting party who was a party at the time of the alteration.
Where a document is in a language not commonly used in the district and not understood by the registering officer, Section 19 of the Registration Act, 1908 empowers him to:
arefuse to register the document unless it is accompanied by a true translation into a language commonly used in the district
bforward the document to the High Court for translation
cregister the document only after impounding it
dregister the document without translation
Answer: A
Section 19 allows the registering officer to refuse registration of a document in an unfamiliar language unless it is accompanied by a true translation into a language commonly used in the district and a true copy.
Under Section 23 of the Registration Act, 1908, subject to the exceptions provided, a document (other than a will) must be presented for registration to the proper officer within what period from the date of its execution?
aSix months
bFour months
cForty-five days
dThree months
Answer: B
Section 23 requires every document other than a will to be presented for registration within four months from the date of its execution; a will may be presented at any time.
Where, owing to urgent necessity or unavoidable accident, a document is not presented within the time allowed and the delay does not exceed four months, the Registrar under Section 25 of the Registration Act, 1908 may direct registration on payment of a fine not exceeding:
aTen times the amount of the proper registration fee
bThe amount of the proper registration fee
cTwice the amount of the proper registration fee
dFive times the amount of the proper registration fee
Answer: A
Section 25 empowers the Registrar, where the delay in presentation does not exceed four months, to allow registration on payment of a fine not exceeding ten times the amount of the proper registration fee.
Which of the following leases of immovable property is compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?
aA lease for a term of six months
bA lease for a term not exceeding one year reserving no yearly rent
cAn oral lease accompanied by delivery of possession
dA lease from year to year or for any term exceeding one year or reserving a yearly rent
Answer: D
Section 17(1)(d) makes leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, compulsorily registrable; a lease not exceeding one year is only optionally registrable under Section 18.
Under the Chhattisgarh Excise Act, 1915, 'liquor' means intoxicating liquor and includes:
aSpirits of wine, spirit, wine, tari, beer and all liquid consisting of or containing alcohol
bBhang, ganja and charas
cOnly spirits obtained by distillation from molasses
dOnly foreign-made bottled wine and beer
Answer: A
Section 2 defines 'liquor' as intoxicating liquor, and includes spirits of wine, spirit, wine, tari, beer and all liquid consisting of or containing alcohol.
Under the Chhattisgarh Excise Act, 1915, the officer appointed to superintend the administration of the Excise Department and the collection of excise revenue is the:
aChief Secretary
bExcise Commissioner
cDirector General of Police
dAccountant General
Answer: B
The Act empowers the State Government to appoint an Excise Commissioner who superintends the administration of the Excise Department and the collection of the excise revenue.
The Chhattisgarh Rent Control Act, 2011, in the first instance, extends to -
aAll Gram Panchayat areas of the State
bSuch of the Municipal areas as comprise the District Headquarters in the State
cOnly the city of Raipur
dThe whole of the State of Chhattisgarh including rural areas
Answer: B
Section 1 provides that the Act shall in the first instance extend to such of the Municipal areas which comprise the District Headquarters in the State, and may later be extended to other areas by notification.
Under the Chhattisgarh Rent Control Act, 2011, on the death of a tenant of a residential accommodation, the tenancy may be continued by which of the following persons ordinarily residing with the tenant up to his death?
aOnly the surviving spouse
bAny heir as per the personal law of the deceased tenant
cOnly a son or daughter
dThe surviving spouse, son, daughter, mother and father
Answer: D
The definition of 'tenant' in Section 2 includes, on the death of the tenant of a residential accommodation, the surviving spouse, son, daughter, mother and father who had been ordinarily residing with him up to his death.
Under the Chhattisgarh Rent Control Act, 2011, where the monthly rent of an accommodation does not exceed Rs. 2,000, the landlord may increase the rent annually by a maximum of -
a10 per cent
b15 per cent
c25 per cent
d5 per cent
Answer: D
Where the monthly rent is Rs. 2,000 or less, the Act caps the annual permissible increase in rent at 5 per cent.
Under the Court Fees Act, 1870, fees payable on documents filed or recorded in the High Courts in their ordinary or extraordinary jurisdiction are governed by:
aSection 19
bSection 4
cSection 8
dSection 6
Answer: B
Section 4 deals with fees on documents filed, exhibited or recorded in the High Courts in their ordinary or extraordinary original or appellate jurisdiction; Section 6 covers mufassil (subordinate) courts and public offices.
Fees on documents filed, exhibited or recorded in courts other than the High Courts, that is, in mufassil courts or in public offices, are dealt with under which section of the Court Fees Act, 1870?
aSection 12
bSection 6
cSection 7
dSection 4
Answer: B
Section 6 provides that no document chargeable with fee shall be filed or recorded in any mufassil court or public office unless the court fee mentioned in the Schedules has been paid.
Under the Court Fees Act, 1870, the fees in the First Schedule and the Second Schedule are respectively:
aFees in High Courts and fees in mufassil courts
bProcess fees and probate fees
cAd valorem fees and fixed fees
dFixed fees and ad valorem fees
Answer: C
Schedule I of the Court Fees Act prescribes ad valorem court fees (varying with the value of the subject-matter), whereas Schedule II prescribes fixed fees on specified documents.
Under the Chhattisgarh Land Revenue Code, 1959, all lands, including standing and flowing water, mines, quarries, minerals and forests, are declared to be the property of:
aThe Gram Sabha concerned
bThe bhumiswami in possession
cThe Union of India
dThe State Government
Answer: D
Section 57 declares that all such lands, water, mines, quarries, minerals and forests, and rights in the sub-soil, are the property of the State Government, subject to rights subsisting at the commencement of the Code.
Under the Chhattisgarh Land Revenue Code, 1959, where a dispute arises between the State Government and any person regarding rights in land, mines or minerals declared to vest in the State under Section 57, the dispute is to be decided by the:
aCivil Court
bSettlement Commissioner
cCollector
dBoard of Revenue
Answer: C
Section 57 provides that a dispute between the State Government and any person in respect of rights declared therein shall be decided by the Collector.
Under the Chhattisgarh Land Revenue Code, 1959, when land assessed for one purpose is diverted to another purpose, the consequence is that the land revenue payable on such land is liable to be:
aAltered and reassessed
bWholly remitted
cRecovered at ten times the original rate as penalty only
dLeft wholly unaffected
Answer: A
Section 59 provides that where land is diverted from the purpose for which it was assessed, the land revenue is liable to be altered and reassessed according to the new use.
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