Chhattisgarh Judiciary Mock Test 9 — Questions & Solutions
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Which Article of the Constitution, described by Dr. B.R. Ambedkar as the 'very heart and soul' of the Constitution, empowers a person to move the Supreme Court directly for enforcement of Fundamental Rights?
aArticle 32
bArticle 136
cArticle 21
dArticle 226
Answer: A
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it the heart and soul of the Constitution.
The power of a High Court to issue writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, is conferred by
aArticle 32
bArticle 139
cArticle 226
dArticle 227
Answer: C
Article 226 empowers every High Court to issue writs for enforcement of Fundamental Rights and 'for any other purpose', giving it wider scope than Article 32.
In which landmark decision did the Supreme Court hold that the 'procedure established by law' under Article 21 must be just, fair and reasonable?
aADM Jabalpur v. Shivkant Shukla
bState of Madras v. Champakam Dorairajan
cManeka Gandhi v. Union of India
dA.K. Gopalan v. State of Madras
Answer: C
Maneka Gandhi v. Union of India (1978) expanded Article 21, holding that the procedure depriving a person of life or personal liberty must be just, fair and reasonable, not arbitrary.
Under the Seventh Schedule, 'Public order' and 'Police' fall in which Legislative List?
aConcurrent List
bResiduary powers of Parliament
cUnion List
dState List
Answer: D
Entries 1 (Public order) and 2 (Police) of the State List in the Seventh Schedule fall within the exclusive legislative competence of the State Legislature.
Subjects of 'Criminal law' and 'Criminal procedure' are enumerated under which List of the Seventh Schedule?
aConcurrent List
bState List
cUnion List
dBoth Union and State Lists
Answer: A
Criminal law and criminal procedure are placed in the Concurrent List (Entries 1 and 2), so both Parliament and State Legislatures may legislate on them.
The residuary power to make laws on any matter not enumerated in the Concurrent List or the State List is vested in
aThe State Legislatures
bEither Parliament or the State Legislature concurrently
cThe President of India
dParliament (the Union)
Answer: D
Residuary powers of legislation belong exclusively to Parliament, which alone may legislate on matters not enumerated in the State List or Concurrent List.
Subject to the prescribed conditions, the maximum period for which a Proclamation under Article 356 (President's Rule) may ordinarily continue in operation is
aThree years
bOne year
cTwo years
dSix months
Answer: A
Once approved, President's Rule continues for six months at a time and may be extended, with Parliament's approval every six months, up to a maximum of three years.
The expression 'internal disturbance' as a ground for proclaiming a national emergency under Article 352 was substituted by the words 'armed rebellion' by which Amendment?
aThe 24th Constitutional Amendment Act, 1971
bThe 44th Constitutional Amendment Act, 1978
cThe 38th Constitutional Amendment Act, 1975
dThe 42nd Constitutional Amendment Act, 1976
Answer: B
The 44th Amendment Act, 1978 replaced 'internal disturbance' with 'armed rebellion' in Article 352 to prevent misuse of the national emergency power.
The word ‘socialist’ was inserted into the Preamble of the Constitution of India by which provision of the Constitution (Forty-second Amendment) Act, 1976?
aSection 5
bSection 3
cSection 2
dSection 4
Answer: C
Section 2 of the Constitution (Forty-second Amendment) Act, 1976 amended the Preamble, inserting the words ‘socialist’ and ‘secular’ and substituting ‘unity and integrity of the Nation’.
The State of Chhattisgarh came into existence as the ‘appointed day’ under the Madhya Pradesh Reorganisation Act, 2000 on:
a25th August 2000
b1st November 2001
c9th November 2000
d1st November 2000
Answer: D
The President assented to the Madhya Pradesh Reorganisation Act, 2000 (Act 28 of 2000) on 25 August 2000, and 1 November 2000 was notified as the appointed day on which Chhattisgarh was carved out of Madhya Pradesh.
Under Article 1 of the Constitution of India, ‘India, that is Bharat,’ shall be a:
aFederation of States
bFederal Republic of States
cConfederation of States
dUnion of States
Answer: D
Article 1(1) declares that ‘India, that is Bharat, shall be a Union of States’; the expression ‘Union’ was deliberately preferred over ‘Federation’ to indicate that the States have no right to secede.
Under Section 100A read with the relevant provisions, no further (Letters Patent) appeal lies from a decree passed in an appeal by a Single Judge of a High Court. Section 96(4) further bars a first appeal in suits cognizable by Courts of Small Causes where the amount or value of the subject-matter does not exceed:
afifty thousand rupees
bten thousand rupees
ctwenty thousand rupees
dthree thousand rupees
Answer: B
Section 96(4) provides that no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees.
Under the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This rule is contained in:
aSection 20
bSection 9
cSection 15
dSection 11
Answer: B
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature unless cognizance is expressly or impliedly barred.
The doctrine of 'res judicata', barring a court from trying any suit or issue which has been directly and substantially in issue in a former suit between the same parties and finally decided, is embodied in:
aSection 12
bSection 11
cSection 13
dSection 10
Answer: B
Section 11 CPC contains the doctrine of res judicata; Section 10 deals with the stay of suit (res sub judice).
A first appeal under Section 96 of the Code of Civil Procedure lies against:
aOnly a decree involving a substantial question of law
bA decree passed by any court exercising original jurisdiction, save where otherwise expressly provided
cAn order rejecting a plaint under Order 7 Rule 11
dEvery order passed by a civil court
Answer: B
Section 96 CPC provides for a first appeal from a decree passed by a court exercising original jurisdiction, except where the appeal is expressly barred; it lies on questions of both fact and law.
Settlement of disputes outside the court through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation is provided for under which section of the Code of Civil Procedure?
aSection 94
bSection 80
cSection 96
dSection 89
Answer: D
Section 89 CPC, introduced by the 1999 amendment (w.e.f. 1-7-2002), empowers the court to refer disputes for settlement through ADR mechanisms.
The power of the court to grant restitution where a decree is varied or reversed in appeal, revision or otherwise is contained in:
aSection 151
bSection 152
cSection 144
dSection 141
Answer: C
Section 144 CPC embodies the doctrine of restitution, requiring the court to place the parties in the position they would have occupied but for the decree later reversed or varied.
Rejection of a plaint, inter alia where it does not disclose a cause of action or is barred by any law, is provided for under:
aOrder 6 Rule 17
bOrder 8 Rule 1
cOrder 9 Rule 13
dOrder 7 Rule 11
Answer: D
Order 7 Rule 11 CPC enumerates the grounds on which a plaint shall be rejected, including absence of a cause of action and the suit being barred by law.
Disobedience or breach of an order of temporary injunction may be visited with detention in civil prison and attachment of property under:
aOrder 39 Rule 4
bOrder 39 Rule 1
cOrder 39 Rule 2A
dOrder 39 Rule 2
Answer: C
Order 39 Rule 2A CPC provides for the consequence of disobedience of an injunction, namely attachment of property (not exceeding one year) and detention in civil prison up to three months.
The provision that 'no suit shall be defeated by reason of the misjoinder or non-joinder of parties' and that the court may strike out or add parties is found in:
aOrder 2 Rule 3
bOrder 7 Rule 1
cOrder 6 Rule 2
dOrder 1 Rule 9 and Rule 10
Answer: D
Order 1 Rule 9 CPC provides that no suit shall fail for misjoinder or non-joinder of parties (except non-joinder of a necessary party), while Rule 10 empowers the court to add or strike out parties.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'dowry death' is provided under which section?
aSection 85
bSection 80
cSection 86
dSection 78
Answer: B
Section 80 BNS deals with dowry death (corresponding to the erstwhile Section 304B IPC), punishable with imprisonment of not less than seven years which may extend to imprisonment for life.
'A', a police officer at Raipur, tortures 'B' in order to induce 'B' to confess to a crime causing grievous hurt to B. The punishment for voluntarily causing grievous hurt is provided under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 117
bSection 120
cSection 115
dSection 122
Answer: A
Section 117 BNS provides punishment for voluntarily causing grievous hurt; Section 115 deals with voluntarily causing hurt simpliciter.
'A', knowing that goods have been the subject of dishonest misappropriation, deceives 'C' and thereby dishonestly induces C to deliver property to A. Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'cheating' is dealt with under:
aSection 318
bSection 320
cSection 303
dSection 316
Answer: A
Section 318 BNS defines and provides for the offence of cheating (corresponding to Sections 415/417 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the provision relating to 'acts endangering sovereignty, unity and integrity of India' (which replaces the offence of sedition) is contained in which section?
aSection 197
bSection 147
cSection 152
dSection 150
Answer: C
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India, replacing the erstwhile offence of sedition under Section 124A IPC.
'A' causes the death of 'Z' by doing an act with the knowledge that it is so imminently dangerous that it must in all probability cause death, without any intention to cause the death of any particular person. Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided under:
aSection 103
bSection 105
cSection 106
dSection 101
Answer: A
Section 101 BNS defines murder while Section 103 prescribes the punishment for murder (death or imprisonment for life, and fine).
Under the Bharatiya Nyaya Sanhita, 2023, where death is caused by a rash or negligent act not amounting to culpable homicide, the offence is dealt with under which section?
aSection 106
bSection 125
cSection 117
dSection 105
Answer: A
Section 106 BNS deals with causing death by negligence (corresponding to Section 304A IPC) and carries enhanced punishment, including a special provision for hit-and-run cases.
'A', an under-trial prisoner, attempts to commit suicide with the intent to compel a public servant from discharging his official duty. Under the Bharatiya Nyaya Sanhita, 2023, this offence (a new provision) is dealt with under:
aSection 224
bSection 226
cSection 351
dSection 309
Answer: B
Section 226 BNS makes it an offence to attempt suicide with intent to compel or restrain any public servant from discharging his official duty.
Section 472 of the BNSS, 2023 introduces a statutory time-limit for filing a mercy petition in death sentence cases. A convict, his legal heir or relative may file such petition within how many days of being informed by the jail Superintendent of the dismissal of the appeal/SLP or confirmation of the sentence?
a60 days
b30 days
c90 days
d15 days
Answer: B
Section 472(1) of the BNSS, 2023 prescribes a thirty-day window for filing a mercy petition before the President under Article 72 or the Governor under Article 161 after the jail Superintendent's intimation.
Under Section 23 of the BNSS, 2023, a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or of fine not exceeding:
aone lakh rupees
btwenty-five thousand rupees
cten thousand rupees
dfifty thousand rupees
Answer: D
Section 23 of the BNSS, 2023 raised the first-class Magistrate's fine power to fifty thousand rupees (from Rs. 10,000 under the CrPC) and additionally empowers imposition of community service.
Under Section 105 of the BNSS, 2023, what is now a mandatory requirement during the conduct of search and seizure?
aPrior written sanction of the District Magistrate
bPresence of a Magistrate at the spot
cAttendance of an advocate for the accused
dAudio-video electronic recording (videography) of the process
Answer: D
Section 105 of the BNSS, 2023 makes audio-video electronic recording, preferably by mobile phone, of search and seizure (including preparation of the seizure list and signing by witnesses) mandatory.
Under Section 176(3) of the BNSS, 2023, visiting the crime scene by a forensic expert to collect forensic evidence is mandatory for offences punishable with imprisonment of:
athree years or more
bseven years or more
cfive years or more
dten years or more
Answer: B
Section 176(3) of the BNSS, 2023 requires a forensic expert to visit the crime scene to collect evidence and video-record the process for any offence made punishable with imprisonment of seven years or more.
Which section of the BNSS, 2023 casts a duty on every State Government to prepare and notify a Witness Protection Scheme?
aSection 396
bSection 400
cSection 398
dSection 412
Answer: C
Section 398 of the BNSS, 2023 mandates that every State Government shall prepare and notify a Witness Protection Scheme for the protection of witnesses.
Under Section 35(7) of the BNSS, 2023, where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, no arrest shall be made without the prior permission of an officer not below the rank of:
aInspector of Police
bSub-Inspector of Police
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 35(7) of the BNSS, 2023 is a new safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for offences punishable with less than three years.
Under Section 173(3) of the BNSS, 2023, for a cognizable offence punishable with three years or more but less than seven years, the officer in charge may, with prior permission of an officer not below the rank of DSP, conduct a preliminary enquiry to be completed within:
a21 days
b7 days
c30 days
d14 days
Answer: D
Section 173(3) of the BNSS, 2023 permits a preliminary enquiry, with DSP-rank approval, to ascertain a prima facie case for offences in the three-to-seven-year bracket, to be completed within fourteen days.
Section 356 of the BNSS, 2023 introduces trial in absentia. The court shall not commence such trial of a proclaimed offender unless a period of how long has lapsed from the date of framing of the charge?
a30 days
bsix months
c90 days
d60 days
Answer: C
Section 356 of the BNSS, 2023 allows inquiry, trial or judgment in absentia of a proclaimed offender who has absconded, but bars commencement of trial until ninety days have lapsed from the framing of charge.
On which date did the Bharatiya Nagarik Suraksha Sanhita, 2023 come into force, repealing the Code of Criminal Procedure, 1973?
a15 August 2024
b26 January 2024
c1 July 2024
d1 April 2024
Answer: C
The BNSS, 2023, along with the BNS and BSA, came into force on 1 July 2024, repealing the Code of Criminal Procedure, 1973 by virtue of the repeal provision in Section 531.
Under Section 187(2) of the BNSS, 2023, the detention of an accused person in police custody (the 15-day custody) may be sought in parts during the initial period reckoned for offences as the first:
a15 days or 30 days
bforty days or sixty days
cthirty days or forty-five days
d10 days or 20 days
Answer: B
Section 187(2) of the BNSS, 2023 permits the 15 days of police custody to be sought in parts within the initial forty days (for the 60-day category) or sixty days (for the 90-day category) of detention.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must in all cases be:
aDirect
bOn oath only
cReduced to writing
dCorroborated
Answer: A
Section 55 of the BSA requires that oral evidence be direct - of the witness who saw, heard or otherwise perceived the fact - thereby excluding hearsay.
The burden of proving that a case falls within any of the General Exceptions in the Bharatiya Nyaya Sanhita lies, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), on:
aThe Court
bThe prosecution
cThe complainant
dThe accused person
Answer: D
Section 108 of the BSA places on the accused the burden of proving the existence of circumstances bringing his case within any General Exception or special exception of the Bharatiya Nyaya Sanhita, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the fact that a person was born during the continuance of a valid marriage between his mother and any man is conclusive proof of legitimacy under:
aSection 121
bSection 116
cSection 114
dSection 119
Answer: B
Section 116 of the BSA declares birth during a valid marriage (or within 280 days of its dissolution, the mother remaining unmarried) to be conclusive proof of legitimacy, unless non-access is shown.
Where the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected by him to cruelty for a dowry demand, the court shall presume that he caused the dowry death. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this presumption is contained in:
aSection 113
bSection 119
cSection 114
dSection 116
Answer: C
Section 114 of the BSA raises a mandatory ('shall presume') presumption as to dowry death where cruelty for dowry soon before death is established.
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:
aSection 124
bSection 138
cSection 126
dSection 140
Answer: B
Section 138 of the BSA declares an accomplice to be a competent witness against an accused person (corresponding to Section 133 of the repealed Indian Evidence Act). As enacted, Section 138 provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice'; Illustration (b) to Section 119 (the 'may presume' provision) likewise counsels corroboration as a rule of prudence. The correct section is Section 138.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the expression 'estoppel' - barring a person from denying the truth of a thing he caused another to believe and act upon - is dealt with in:
aSection 120
bSection 121
cSection 119
dSection 122
Answer: B
Section 121 of the BSA embodies the rule of estoppel: a person who by declaration, act or omission causes another to believe and act on a thing is precluded from denying its truth.
When one fact is declared by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to be 'conclusive proof' of another, the Court, on proof of the one fact:
aMay regard the other as proved, allowing rebuttal
bShall presume the other unless disproved
cShall regard the other as proved and shall not allow evidence to disprove it
dMust require corroboration of the other
Answer: C
Section 2(1)(b) of the BSA defines 'conclusive proof': on proof of the one fact the Court shall regard the other as proved and shall not allow evidence to be given to disprove it.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), whoever desires a court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist. This general rule of burden of proof is laid down in:
aSection 105
bSection 104
cSection 109
dSection 106
Answer: B
Section 104 of the BSA lays down the general rule that the burden of proof lies on the party who asserts the existence of facts on which his claim depends.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), things said or done by a conspirator in reference to the common design are relevant against each of the persons believed to be conspiring, by virtue of:
aSection 6
bSection 8
cSection 9
dSection 7
Answer: B
Section 8 of the BSA makes anything said, done or written by one conspirator in reference to the common intention relevant against all co-conspirators once reasonable grounds of conspiracy are shown.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no confession made to a police officer shall be proved as against a person accused of any offence is contained in:
aSection 23
bSection 25
cSection 24
dSection 22
Answer: A
Section 23 of the BSA, 2023 consolidates the old Sections 25 to 27 of the Indian Evidence Act: Section 23(1) bars proof of a confession made to a police officer, Section 23(2) bars a confession made in police custody (unless in the immediate presence of a Magistrate), and the proviso to Section 23(2) preserves the discovery-of-fact exception. The correct section is Section 23.
In the absence of a contract 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:
aThirty days' notice
bFifteen days' notice
cSeven days' notice
dSix months' notice
Answer: B
Section 106 deems a lease for any other purpose to be a month-to-month lease, terminable on either side by fifteen days' 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:
aBy a written instrument, whether registered or not
bBy a registered instrument
cBy an oral agreement accompanied by delivery of possession
dBy an unregistered instrument attested by two witnesses
Answer: B
Section 107 mandates that a lease from year to year, or exceeding one year, or reserving a yearly rent, be made only by a registered instrument.
A gift which, under an agreement between the parties, is revocable wholly or in part at the mere will of the donor is, under Section 126 of the Transfer of Property Act:
aValid only if registered
bValid and binding on the donee
cVoidable at the option of the donee
dVoid wholly or in part, as the case may be
Answer: D
Under Section 126, a gift revocable at the mere will of the donor is void wholly or partly, as the case may be; revocation is permissible only on an agreed event not depending on the donor's will.
Subject to the provisions of Section 127, where a gift consists of the whole property of the donor, the donee is personally liable for all the debts and liabilities of the donor at the time of the gift to the extent of the property comprised in the gift. Such a donee is known as a:
aContingent donee
bDonee mortis causa
cOnerous donee
dUniversal donee
Answer: D
Section 128 defines the universal donee, who takes the donor's whole property and is personally liable for the donor's debts and liabilities to the extent of the property comprised in the gift.
Under Section 25 of the Transfer of Property Act, a transfer of property made to take effect only on the fulfilment of a condition is:
aVoid only if the condition is subsequent
bAlways valid irrespective of the condition
cVoid if the condition is impossible, forbidden by law, fraudulent, or opposed to public policy
dVoidable at the option of the transferor
Answer: C
Section 25 provides that a conditional transfer is void if the condition is impossible, forbidden by law, fraudulent, involves injury to person or property, or is immoral or opposed to public policy.
A transferor enters into a written contract to transfer immovable property for consideration, the transferee takes possession in part performance and is willing to perform his part. Under the doctrine of part performance in Section 53A of the Transfer of Property Act, the transferor is:
aLiable to pay damages but may recover possession
bEntitled to rescind the contract at will
cEntitled to evict the transferee as the deed is unregistered
dDebarred from enforcing against the transferee any right in respect of the property other than that expressly provided by the contract
Answer: D
Section 53A bars the transferor (and persons claiming under him) from enforcing against the transferee in possession any right other than that provided by the contract, where the transferee has done some act in furtherance of the contract and is willing to perform his part.
Under Section 130 of the Transfer of Property Act, the transfer of an actionable claim can be effected only:
aOrally, accompanied by delivery of the document
bBy mere endorsement on the instrument evidencing the claim
cBy an instrument in writing signed by the transferor or his agent
dBy a registered instrument attested by two witnesses
Answer: C
Section 130 provides that the transfer of an actionable claim shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent.
Under the Indian Contract Act, 1872, where the parties to a contract agree to substitute a new contract for it, with the result that the original contract need not be performed, this is known as:
aRemission
bRescission
cAlteration
dNovation
Answer: D
Section 62 provides that if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed; substitution of a new contract is novation.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move:
aFrom the promisee or any other person, at the desire of the promisor
bOnly from the promisee himself
cOnly from a stranger to the contract
dFrom the promisor alone
Answer: A
Section 2(d) provides that consideration may be done or given by the promisee or any other person, at the desire of the promisor; thus, under Indian law consideration may move from a person who is not the promisee.
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration on account of natural love and affection between parties standing in near relation to each other is valid only if it is:
aMade before a Notary Public
bAttested by two competent persons
cExpressed in writing and registered under the law for registration of documents
dOral but supported by a witness
Answer: C
Section 25(1) requires that such an agreement be expressed in writing and registered under the law relating to registration of documents; mere oral expression or attestation is insufficient.
Under Section 171 of the Indian Contract Act, 1872, which of the following is NOT entitled to a general lien in the absence of a contract to the contrary?
aA wharfinger
bA banker
cAn ordinary bailee of goods
dA factor
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; no other person, including an ordinary bailee, has such a lien unless there is an express contract to that effect.
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:
aContract of indemnity
bContract of guarantee
cContract of bailment
dQuasi-contract
Answer: A
Section 124 defines a contract of indemnity; under the Indian definition the loss must arise from the conduct of the promisor or some other person, and not from accidents like fire not involving human agency.
As per Section 126 of the Indian Contract Act, 1872, a contract of guarantee:
aMust always be in writing and registered
bMust be in writing but need not be registered
cMay be either oral or written
dIs valid only if reduced to a registered deed
Answer: C
Section 126 expressly provides that a guarantee may be either oral or written, unlike the position under the English Statute of Frauds which requires writing.
Under Section 56 of the Indian Contract Act, 1872, an agreement to do an act impossible in itself is:
aVoid
bValid until the impossibility is discovered
cEnforceable with reduced damages
dVoidable at the option of the promisee
Answer: A
The first paragraph of Section 56 declares that an agreement to do an act impossible in itself is void; the doctrine of frustration was explained in Satyabrata Ghose v. Mugneeram Bangur & Co.
Where no period of limitation is provided elsewhere in the Schedule to the Limitation Act, 1963, the residuary Article 113 prescribes a period of:
aThree years
bSix years
cTwelve years
dOne year
Answer: A
Article 113 is the residuary article and provides three years for any suit for which no period of limitation is provided elsewhere in the Schedule, running from when the right to sue accrues.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit to enforce a right of pre-emption is:
aOne year
bThree years
cTwelve years
dSix years
Answer: A
Article 97 of the Schedule prescribes one year for a suit to enforce a right of pre-emption, computed from when the purchaser takes physical possession (or registration in certain cases).
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation shall be:
aStayed until the plaintiff shows sufficient cause for delay
bDismissed only if the defendant pleads limitation as a defence
cReturned to the plaintiff for presentation to the proper court
dDismissed, although limitation has not been set up as a defence
Answer: D
Section 3(1) mandates that every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. The duty to apply the bar of limitation is cast on the court itself.
The power of a court to condone delay on proof of 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available in respect of:
aAny appeal or application (other than one under certain provisions of Order XXI CPC), but not to suits
bExecution applications under Order XXI CPC only
cSuits and appeals only
dAny suit, appeal or application
Answer: A
Section 5 permits admission of an appeal or application (other than an application under certain provisions of Order XXI CPC) after the prescribed period if sufficient cause is shown; it does not apply to suits.
No compensation under Section 21 of the Specific Relief Act, 1963 shall be awarded unless:
aThe court appoints a commissioner
bThe defendant admits the breach
cThe contract is in writing and registered
dThe plaintiff has claimed such compensation in his plaint
Answer: D
Section 21(4) bars award of compensation unless the plaintiff has claimed it in the plaint, though the court may permit amendment of the plaint to include such a claim.
Section 31 of the Specific Relief Act, 1963 deals with:
aDeclaratory decrees
bRescission of contracts
cRectification of instruments
dCancellation of instruments
Answer: D
Section 31 provides for cancellation of an instrument which is void or voidable and against the person who may have reasonable apprehension of injury from it.
Under the proviso to Section 34 of the Specific Relief Act, 1963, the court shall not make a declaration of legal character or right where the plaintiff, being able to seek further relief than a mere declaration of title:
aSeeks an injunction in the same suit
bHas joined the Government as a party
cOmits to do so
dHas also claimed damages
Answer: C
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, able to seek further relief, omits to seek it.
A perpetual injunction under the Specific Relief Act, 1963 is granted under which section, and operates to:
aSection 37 — restrain temporarily during the pendency of the suit
bSection 38 — perpetually restrain the defendant from the assertion of a right or commission of an act contrary to the plaintiff's rights
cSection 36 — declare the rights of parties
dSection 39 — compel the performance of a positive act
Answer: B
Section 38 governs perpetual injunctions, which perpetually restrain the defendant from asserting a right or committing an act contrary to the plaintiff's rights; mandatory injunctions to compel acts fall under Section 39.
A person dispossessed of immovable property otherwise than in due course of law sues under Section 6 of the Specific Relief Act, 1963 to recover possession. Such a suit shall not be brought after the expiry of:
aone year from the date of dispossession
bsix months from the date of dispossession
ctwelve years from the date of dispossession
dthree months from the date of dispossession
Answer: B
Section 6(2) of the Specific Relief Act, 1963 bars a suit under Section 6 after the expiry of six months from the date of dispossession, and also bars such a suit against the Government.
Under Section 118 of the Negotiable Instruments Act, 1881, until the contrary is proved, it shall be presumed that every negotiable instrument was made or drawn:
aWithout consideration
bFor consideration
cBy a minor incapable of contracting
dAfter the date it bears
Answer: B
Section 118(a) raises a presumption that every negotiable instrument was made or drawn for consideration, until the contrary is proved. The other presumptions in Section 118 relate to date, time of acceptance, transfer, and that the holder is a holder in due course.
Under Section 26 of the Negotiable Instruments Act, 1881, with regard to a minor as a party to a negotiable instrument, which statement is correct?
aA minor may make, draw, indorse and accept so as to bind himself
bA minor may draw, indorse, deliver and negotiate an instrument so as to bind all parties except himself
cA minor may bind himself but not other parties
dA minor can never be a party to any negotiable instrument
Answer: B
Section 26 provides that a minor may draw, indorse, deliver and negotiate an instrument so as to bind all parties except himself, since a minor's contract is void as against the minor.
Under Section 4 of the Negotiable Instruments Act, 1881, a "promissory note" is an instrument in writing containing:
aAn order drawn on a specified banker payable on demand
bAn unconditional order signed by the maker directing a certain person to pay a certain sum of money
cA conditional promise to pay money depending on a future uncertain event
dAn unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument
Answer: D
Section 4 defines a promissory note as a written instrument (not being a bank-note or currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer. An order to pay is a bill of exchange (Section 5).
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must ordinarily be made in writing within:
aFifteen days from the date of dishonour
bSix months from the date of the cheque
cThirty days from the date of the demand notice
dOne month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
Answer: D
Section 142(1)(b) requires the complaint to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138 (i.e., on the drawer's failure to pay within 15 days of the notice), though courts may condone delay.
Under Section 4 of the Negotiable Instruments Act, 1881, a writing containing an undertaking to pay a certain sum of money will NOT qualify as a promissory note if:
athe undertaking to pay is made conditional on the happening of an event
bit is payable to the bearer of the instrument
cit is payable to the order of a certain person
dit is signed by the maker
Answer: A
Section 4 requires an 'unconditional' undertaking signed by the maker to pay a certain sum; attaching a condition (such as payment only on a future contingency) destroys its character as a promissory note. Payment to the order of a certain person or to the bearer, and the maker's signature, are all consistent with a valid note.
A non-testamentary instrument required by Section 17 to be registered, but which has not been registered, is barred under Section 49 of the Registration Act, 1908 from being received as evidence EXCEPT:
aAs evidence of the transaction creating the right in the property
bAs evidence of a contract in a suit for specific performance or of a collateral transaction not required to be effected by registered instrument
cTo confer any power to adopt
dTo affect the immovable property comprised therein
Answer: B
The proviso to Section 49 permits an unregistered document to be received as evidence of a contract in a suit for specific performance, or as evidence of any collateral transaction not required to be effected by registered instrument.
Under Section 28 of the Registration Act, 1908, a document affecting immovable property and falling within Section 17(1) must be presented for registration in the office of the Sub-Registrar within whose sub-district:
aThe document was executed
bThe whole or some portion of the property to which the document relates is situate
cThe executant ordinarily resides
dThe claimant under the document resides
Answer: B
Section 28 requires documents affecting immovable property listed in Section 17(1) (and certain others) to be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property is situate.
Under Section 32 of the Registration Act, 1908, who, among the following, is NOT competent to present a document for registration (save as provided in Sections 31, 88 and 89)?
aThe representative or assign of such a person
bThe agent of such person duly authorised by power-of-attorney
cSome person executing or claiming under the document
dAny stranger to the document who merely possesses a copy of it
Answer: D
Section 32 permits presentation only by a person executing or claiming under the document, his representative or assign, or an agent duly authorised by a power-of-attorney; a stranger merely holding a copy cannot present it.
After compliance with the relevant provisions, the certificate of registration endorsed by the registering officer under Section 60 of the Registration Act, 1908 must contain:
aThe market value of the property as assessed by the Collector
bA recital that stamp duty has been paid in full
cThe word "registered", together with the number and page of the book in which the document has been copied
dThe word "verified" with the signature of the District Registrar
Answer: C
Section 60 directs the registering officer to endorse a certificate containing the word "registered", together with the number and page of the book in which the document has been copied, which is then signed, sealed and dated.
Under Section 6 of the Chhattisgarh Excise Act, 1915, the saving provision preserves the operation of certain enactments. Which of the following is NOT among the Acts saved under Section 6?
aThe Indian Tariff Act, 1894
bThe Cantonments Act, 1910
cThe Indian Penal Code, 1860
dThe Sea Customs Act, 1878
Answer: C
Section 6 saves the Sea Customs Act 1878, the Indian Tariff Act 1894 and the Cantonments Act 1910; the Indian Penal Code is not among the enactments saved.
Under the Chhattisgarh Excise Act, 1915, a person licensed to sell intoxicants is prohibited from selling or delivering any liquor or intoxicating drug to any person apparently under the age of:
aTwenty-one years
bTwenty years
cTwenty-five years
dEighteen years
Answer: A
The Act prohibits a licensed vendor from selling or delivering liquor or an intoxicating drug to any person apparently under the age of twenty-one years.
Under Section 7-A of the Chhattisgarh Excise Act, 1915, the State Government is empowered, by notification, to establish which authority for investigating into any case of alleged or suspected evasion of excise revenue?
aFlying squads
bBoard of Revenue
cExcise Tribunal
dExcise Vigilance Commission
Answer: A
Section 7-A empowers the State Government, by notification, to establish flying squads for investigating cases of alleged or suspected evasion of excise revenue.
Whoever assaults or obstructs any excise officer in the exercise of powers conferred under the Chhattisgarh Excise Act, 1915 is liable to be punished with imprisonment which may extend to two years or with fine which may extend to:
aOne thousand rupees
bTen thousand rupees
cTwo thousand rupees
dFive thousand rupees
Answer: C
The penalty for assaulting or obstructing an excise officer is imprisonment which may extend to two years, or fine which may extend to two thousand rupees, or both.
Under the Chhattisgarh Rent Control Act, 2011, where a landlord requires the accommodation for his own use, the ordinary period of notice to be given to the tenant for eviction is -
aThree months
bTwo months
cSix months
dOne month
Answer: A
For eviction on the ground that the landlord requires the accommodation for his own occupation, the standard notice period prescribed under the Act is three months.
Under the Chhattisgarh Rent Control Act, 2011, for a special category landlord such as a widow, a serving/retired Government servant, an armed forces personnel, a physically/mentally handicapped person or a senior citizen above 65 years who requires the accommodation for own use, the period of notice for eviction is reduced to -
aFifteen days
bThree months
cOne month
dTwo months
Answer: C
For special category landlords (Government servants, widows, armed forces personnel, persons with physical or mental handicap and senior citizens above 65 years) who need the accommodation for their own use, the notice period is reduced to one month.
Chapter VI of the Court Fees Act, 1870 is captioned:
aMiscellaneous
bProcess-Fees
cOf the Mode of Levying Fees
dFees in the High Courts
Answer: A
In the Court Fees Act, 1870, Chapter IV deals with Process-Fees, Chapter V with the Mode of Levying Fees, and Chapter VI is the Miscellaneous chapter (which includes Section 35).
Under the Court Fees Act, 1870, provisions relating to Probates, Letters of Administration and Certificates of Administration are contained in:
aChapter IV
bChapter II
cChapter VI
dChapter III-A
Answer: D
Chapter III-A of the Court Fees Act, 1870 deals with probates, letters of administration and certificates of administration; Chapter IV deals with process-fees.
The marginal heading of Section 8 of the Court Fees Act, 1870 relates to the fee on a memorandum of appeal against:
aAn order rejecting a plaint
bAn order granting probate
cA decree for mesne profits
dAn order relating to compensation under any Act for acquisition of land for public purposes
Answer: D
Section 8 prescribes the court fee on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes.
Under the Chhattisgarh Land Revenue Code, 1959, the right of a bhumiswami belonging to an aboriginal tribe, in a notified area, cannot be transferred to a person not belonging to such tribe without the permission of:
aThe Gram Panchayat by resolution
bA Revenue Officer not below the rank of Collector
cThe Naib Tahsildar concerned
dThe Tahsildar of the tahsil
Answer: B
Section 165(6) bars transfer of a tribal bhumiswami's land to a non-tribal in notified areas without the permission of a Revenue Officer not below the rank of Collector.
Under the Chhattisgarh Land Revenue Code, 1959, a person who holds land from the State Government and who is, or is deemed to be, a bhumiswami is a:
aOccupancy tenant
bGovernment lessee only
cService grantee
dTenure-holder
Answer: D
Under the Code a tenure-holder is a person who holds land from the State Government and who is or is deemed to be a bhumiswami; bhumiswami is the principal class of land tenure under the Code.
Under the Chhattisgarh Land Revenue Code, 1959, a Collector may place an Assistant Collector, Joint Collector or Deputy Collector in charge of a sub-division, and such officer is then designated as the:
aSuperintendent of Land Records
bSettlement Officer
cRevenue Inspector
dSub-Divisional Officer
Answer: D
Section 22 provides that a Collector may place an Assistant/Joint/Deputy Collector in charge of a sub-division, who is then called the Sub-Divisional Officer and exercises powers as directed by the State Government.
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