Chhattisgarh Judiciary Mock Test 10 — Questions & Solutions
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By the Constitution (Forty-second Amendment) Act, 1976, ‘Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts’ was transferred:
aFrom the Union List to the Concurrent List
bFrom the State List to the Concurrent List
cFrom the Concurrent List to the State List
dFrom the State List to the Union List
Answer: B
The 42nd Amendment transferred five subjects from the State List to the Concurrent List of the Seventh Schedule, namely education, forests, weights and measures, protection of wild animals and birds, and administration of justice (excluding the Supreme Court and High Courts).
The High Court of Chhattisgarh at Bilaspur was constituted as a separate High Court for the new State under which constitutional/statutory authority?
aSection 21 of the Madhya Pradesh Reorganisation Act, 2000 read with Article 214
bArticle 231 of the Constitution
cArticle 230 of the Constitution
dA separate Presidential Order under Article 233
Answer: A
Article 214 provides that there shall be a High Court for each State; the Chhattisgarh High Court at Bilaspur was established as a separate High Court with effect from 1 November 2000 under the provisions of the Madhya Pradesh Reorganisation Act, 2000.
The doctrine of ‘basic structure’ of the Constitution, limiting Parliament’s amending power under Article 368, was propounded by the Supreme Court in:
aGolak Nath v. State of Punjab
bKesavananda Bharati v. State of Kerala
cShankari Prasad v. Union of India
dMinerva Mills v. Union of India
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by 7:6 that Parliament can amend any part of the Constitution under Article 368 but cannot alter or destroy its basic structure.
In Minerva Mills Ltd. v. Union of India, the Supreme Court struck down which clauses of Article 368 (inserted by Section 55 of the 42nd Amendment) as violative of the basic structure?
aClauses (2) and (3)
bClauses (4) and (5)
cClauses (1) and (2)
dClauses (3) and (4)
Answer: B
In Minerva Mills v. Union of India (1980) the Court struck down clauses (4) and (5) of Article 368, which sought to bar judicial review of constitutional amendments and confer unlimited amending power, as destructive of the basic structure.
A Judge of a High Court holds office, under Article 217 of the Constitution, until he attains the age of:
a62 years
b58 years
c65 years
d60 years
Answer: A
Article 217(1) provides that a High Court Judge holds office until the age of 62 years; this age was raised from 60 to 62 by the Fifteenth Amendment, 1963.
Which of the following correctly distinguishes the writ jurisdiction of a High Court under Article 226 from that of the Supreme Court under Article 32?
aArticle 226 may be exercised for enforcement of fundamental rights and ‘for any other purpose’, making it wider than Article 32
bArticle 226 is available only for enforcement of fundamental rights, whereas Article 32 extends to other purposes
cArticle 226 itself is a fundamental right, whereas Article 32 is not
dBoth are confined strictly to enforcement of fundamental rights
Answer: A
Article 32 enables the Supreme Court to issue writs only for enforcement of fundamental rights, whereas Article 226 empowers a High Court to issue writs both for fundamental rights and ‘for any other purpose’, giving it a wider sweep; Article 32 itself is a fundamental right.
After its insertion by the 42nd Amendment, ‘Forests’ and ‘Protection of wild animals and birds’ presently figure in which List of the Seventh Schedule?
aState List
bResiduary entry under Article 248
cConcurrent List
dUnion List
Answer: C
The 42nd Amendment, 1976 shifted ‘forests’ (Entry 17A) and ‘protection of wild animals and birds’ (Entry 17B) from the State List to the Concurrent List of the Seventh Schedule.
The number of Judges (apart from the Chief Justice) of the Supreme Court of India is fixed under Article 124(1) by:
aA law made by Parliament, until which the number is as specified in the Constitution
bThe Chief Justice of India in consultation with the collegium
cAn order of the President alone
dA resolution of both Houses of Parliament
Answer: A
Article 124(1) provides for a Chief Justice and, until Parliament by law prescribes a larger number, such number of other Judges as originally specified; the strength is regulated by parliamentary law (the Supreme Court (Number of Judges) Act).
Personal immunity to the President of India from being answerable to any court for the exercise of the powers and duties of his office is conferred by:
aArticle 361
bArticle 359
cArticle 363
dArticle 364
Answer: A
Article 361(1) provides that the President shall not be answerable to any court for the exercise of the powers and duties of his office or for any act done in the exercise of those powers.
The expression ‘Union of States’ rather than ‘Federation of States’ was adopted in Article 1 primarily to convey that:
aThe Indian Union is the result of an agreement among the States
bThe Union has no power to alter State boundaries
cNo State has a right to secede from the Union
dThe States are mere administrative units of the Centre
Answer: C
As explained by the Drafting Committee, the Indian federation is not the product of an agreement among States, and no State has the right to secede; hence the deliberate use of ‘Union of States’ in Article 1.
The provision in Article 368 making constitutional amendments immune from being ‘called in question in any court on any ground’, introduced by the 42nd Amendment, was held unconstitutional because it:
aWas beyond the legislative competence of Parliament
bAbridged the Directive Principles
cTook away judicial review, a part of the basic structure
dViolated the federal distribution of powers
Answer: C
In Minerva Mills (1980), Article 368(4) and (5) were struck down because excluding judicial review of constitutional amendments destroyed the basic structure, of which judicial review is an essential feature.
Where a defendant fails to file the written statement within thirty days, the court may allow him to file it on such other day, but in ordinary (non-commercial) suits the outer limit fixed by the proviso to Order 8 Rule 1 CPC is:
a60 days from the date of service of summons
bNo outer limit is prescribed
c120 days from the date of service of summons
d90 days from the date of service of summons
Answer: D
The proviso to Order 8 Rule 1 CPC permits the court to extend time for filing the written statement up to a maximum of ninety days from the date of service of summons in ordinary suits.
An application to set aside an ex parte decree on the ground that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing is made under:
aOrder 9 Rule 13
bOrder 9 Rule 9
cOrder 37 Rule 4
dOrder 47 Rule 1
Answer: A
Order 9 Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply for setting it aside on the grounds of non-service of summons or sufficient cause for non-appearance.
Amendment of pleadings, allowing either party to alter or amend his pleadings at any stage on such terms as may be just, is governed by:
aOrder 6 Rule 17
bOrder 6 Rule 16
cOrder 7 Rule 14
dOrder 8 Rule 9
Answer: A
Order 6 Rule 17 CPC empowers the court to allow amendment of pleadings at any stage of the proceedings, subject to the proviso barring amendment after commencement of trial unless due diligence is shown.
No suit shall be instituted against the Government or against a public officer in respect of an act purporting to be done in his official capacity until the expiration of how many months after a notice in writing has been delivered?
aTwo months
bSix months
cThree months
dOne month
Answer: A
Section 80 CPC requires a notice of two months before instituting a suit against the Government or a public officer in respect of acts done in official capacity.
The power of the High Court and the District Court to transfer and withdraw suits, appeals or other proceedings pending before subordinate courts is contained in:
aSection 24
bSection 23
cSection 22
dSection 25
Answer: A
Section 24 CPC confers general power on the High Court or District Court to transfer or withdraw any suit, appeal or other proceeding from one court to another competent court.
Under Section 148A of the C.P.C., a caveat, if no application is made by the person against whom it is lodged, shall not remain in force after the expiry of
aOne hundred and eighty days from the date on which it was lodged
bSixty days from the date on which it was lodged
cNinety days from the date on which it was lodged
dThirty days from the date on which it was lodged
Answer: C
Section 148A(5) provides that a caveat lapses on the expiry of ninety days from the date of its lodging unless an application of the kind mentioned in sub-section (1) is made before that period expires.
Where a suit is dismissed under Order IX Rule 8 of the C.P.C. on account of the plaintiff's non-appearance when the suit is called on for hearing, the plaintiff is
aEntitled to a fresh suit only with leave of the appellate court
bEntitled to have the suit automatically restored within thirty days
cFree to institute a fresh suit on the same cause of action
dPrecluded from bringing a fresh suit in respect of the same cause of action
Answer: D
Order IX Rule 9(1) bars a fresh suit on the same cause of action where the suit has been dismissed under Rule 8; the plaintiff's only remedy is to apply to set aside the dismissal on proof of sufficient cause.
A second appeal under Section 100 of the C.P.C. lies to the High Court of Chhattisgarh from an appellate decree only where the High Court is satisfied that the case involves
aA substantial question of fact
bAn error of jurisdiction apparent on the record
cA question of public importance
dA substantial question of law
Answer: D
After the 1976 amendment, Section 100(1) confines the High Court's second-appeal jurisdiction to cases involving a substantial question of law, which must be formulated under sub-section (4); findings of fact, however erroneous, cannot be reopened.
The general power of the High Court and the District Court to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court is contained in which section of the C.P.C.?
aSection 23
bSection 22
cSection 25
dSection 24
Answer: D
Section 24 of the C.P.C. confers the general power of transfer and withdrawal on the High Court or District Court, exercisable on a party's application or suo motu; Section 25 deals with transfer by the Supreme Court.
Under Section 11 of the C.P.C., the doctrine of res judicata requires, among other conditions, that the matter directly and substantially in issue in the subsequent suit
aWas merely incidentally in issue in the former suit
bHas been directly and substantially in issue in a former suit and finally decided by a competent court
cWas left undecided in the former suit for want of jurisdiction
dRelates to a different cause of action between the same parties
Answer: B
Section 11 bars trial of a matter that was directly and substantially in issue in a former suit between the same parties (or those under whom they claim), litigating under the same title, and heard and finally decided by a court competent to try the subsequent suit.
Where immovable property has been sold in execution of a decree, an application under Order XXI, Rule 89 of the C.P.C. to have the sale set aside requires the applicant to deposit in court, for payment to the auction-purchaser, a sum equal to,
aten per cent of the purchase-money
bthe entire purchase-money
ctwenty-five per cent of the purchase-money
dfive per cent of the purchase-money
Answer: D
Under Order XXI, Rule 89, the applicant must deposit for the purchaser a sum equal to five per cent of the purchase-money, in addition to the amount specified in the proclamation of sale for the decree-holder (less amounts already received).
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth or language (mob lynching), the minimum punishment prescribed for each member of the group is imprisonment for a term not less than:
aFive years
bThree years
cSeven years
dTen years
Answer: C
Section 103(2) of the BNS provides that for murder by a group of five or more on such grounds, each member shall be punished with death or imprisonment for life or imprisonment for a term not less than seven years, and shall also be liable to fine.
The newly introduced offence of 'snatching' under the Bharatiya Nyaya Sanhita, 2023 is punishable with imprisonment which may extend to:
aFive years
bThree years
cTwo years
dOne year
Answer: B
Section 304 of the BNS defines snatching as theft committed by suddenly, quickly or forcibly seizing movable property, and prescribes imprisonment up to three years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, a person who has sexual intercourse with a woman by employing deceitful means or by a promise to marry her without any intention of fulfilling it is liable to imprisonment which may extend to:
aLife imprisonment
bTen years
cSeven years
dFourteen years
Answer: B
Section 69 of the BNS, a newly introduced provision, punishes sexual intercourse by deceitful means or false promise of marriage with imprisonment up to ten years and fine.
'A' instigates 'B' to murder 'C'. 'B', in consequence of the instigation, refuses to do so. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is guilty of:
aAbetment of murder
bNo offence, as no act was done by B
cMurder
dCulpable homicide not amounting to murder
Answer: A
Abetment by instigation is complete the moment instigation occurs; the offence need not actually be committed. Abetment is dealt with in Chapter IV of the BNS, beginning at Section 45.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for voluntarily causing grievous hurt may extend to imprisonment of:
aSeven years
bTen years
cOne year
dThree years
Answer: A
Section 117(2) of the BNS punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine. Section 115 deals with the lesser offence of voluntarily causing hurt.
Under the Bharatiya Nyaya Sanhita, 2023, the various forms of cheating earlier spread across Sections 417, 418, 419 and 420 of the IPC have largely been consolidated into:
aSection 320
bSection 322
cSection 316
dSection 318
Answer: D
Section 318 of the BNS now contains the definition of cheating and its aggravated forms, consolidating the earlier scattered IPC provisions on cheating.
The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860, came into force with effect from:
a25th December 2023
b1st January 2024
c1st April 2024
d1st July 2024
Answer: D
Though the BNS received assent on 25th December 2023, it was brought into force from 1st July 2024 by Government notification, repealing the IPC, 1860.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' (theft in which the offender suddenly, quickly or forcibly seizes movable property) is punishable with imprisonment which may extend to —
aSeven years
bTwo years
cOne year
dThree years
Answer: D
Section 304 BNS, 2023 newly defines and punishes 'snatching' with imprisonment of either description which may extend to three years and also fine.
'Petty organised crime' — covering offences such as vehicle theft, trick theft and cargo crime committed by organised gangs — is dealt with under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 113
bSection 112
cSection 111
dSection 110
Answer: B
Section 112 BNS, 2023 introduces 'petty organised crime', punishable with imprisonment of not less than one year extending to seven years, plus fine. (Section 111 deals with organised crime and Section 113 with terrorist acts.)
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the concept of a 'Zero FIR' — registration of information about a cognizable offence at any police station irrespective of the area in which the offence is committed — has been given statutory recognition under which provision?
aSection 190
bSection 154
cSection 173
dSection 175
Answer: C
Section 173(1) BNSS, 2023 records information in cognizable cases and statutorily codifies the Zero FIR, allowing registration irrespective of jurisdiction and even by electronic communication. (CrPC equivalent was Section 154.)
Where information is received relating to a cognizable offence punishable for three years or more but less than seven years, Section 173(3) of the BNSS, 2023 permits the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry to ascertain a prima facie case within a period of:
aTwenty-one days
bSeven days
cFourteen days
dThirty days
Answer: C
Section 173(3) BNSS, 2023 allows a preliminary enquiry, with prior permission of a DSP-rank officer, to be completed within fourteen days for offences punishable with 3 years or more but less than 7 years.
Under Section 35 of the BNSS, 2023, in the case of an offence punishable with imprisonment for less than three years, a person who is infirm or above sixty years of age shall not be arrested except with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bDeputy Superintendent of Police
cInspector
dSub-Inspector
Answer: B
Section 35(7) BNSS, 2023 bars arrest of an infirm person or one above sixty years, for an offence punishable with less than three years' imprisonment, save with prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187 of the BNSS, 2023, the maximum period for which a Magistrate may authorise the detention of an accused otherwise than in police custody, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is:
aNinety days
bOne hundred eighty days
cSeventy-five days
dSixty days
Answer: A
Section 187(3) BNSS, 2023 fixes the outer limit at ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences, after which the accused is entitled to default bail.
Section 479 of the BNSS, 2023, dealing with the maximum period for which an undertrial prisoner may be detained, provides that a first-time offender (one never previously convicted) shall be released on bond by the court on having undergone detention up to:
aOne-half of the maximum period of imprisonment for the offence
bOne-third of the maximum period of imprisonment for the offence
cOne-fourth of the maximum period of imprisonment for the offence
dThe whole of the maximum period of imprisonment for the offence
Answer: B
Under the first proviso to Section 479(1) BNSS, 2023, a person who is a first-time offender shall be released on bond on having undergone detention up to one-third of the maximum period of imprisonment specified for that offence.
Under the BNSS, 2023, in respect of any offence punishable with imprisonment for seven years or more, the forensic expert is mandatorily required to visit the crime scene to collect forensic evidence and to videograph the process. This mandate is contained in:
aSection 184
bSection 176(3)
cSection 180(1)
dSection 175(2)
Answer: B
Section 176(3) BNSS, 2023 makes it mandatory, for offences punishable with seven years' imprisonment or more, for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process.
Under Section 105 of the BNSS, 2023, the conduct of a search and the preparation of the list of seized things shall be recorded through audio-video electronic means, and the recording so made shall be forwarded without delay to the:
aDistrict Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class
bDirector of Prosecution
cSuperintendent of Police
dSessions Judge
Answer: A
Section 105 BNSS, 2023 requires audio-video recording of search and seizure, and the recording must be forwarded without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Under Section 23 of the BNSS, 2023, the court of a Judicial Magistrate of the first class is empowered to pass a sentence of imprisonment for a term not exceeding three years, or a fine not exceeding:
aTwenty-five thousand rupees
bTen thousand rupees
cFifty thousand rupees
dOne lakh rupees
Answer: C
Section 23(2) BNSS, 2023 empowers a Judicial Magistrate of the first class to pass a sentence of imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Under Section 193 of the BNSS, 2023, investigation in relation to an offence of rape (under Section 64 of the Bharatiya Nyaya Sanhita, 2023) is required to be completed within:
aThree months from the date of recording of information
bTwo months from the date of recording of information
cNinety days from the date of recording of information
dSixty days from the date of arrest
Answer: B
The proviso to Section 193(1) BNSS, 2023 mandates that investigation into specified sexual offences, including Section 64 BNS, be completed within two months from the date of recording of information by the officer in charge of the police station.
Under the BNSS, 2023, the provisions enabling an inquiry, trial or judgment to be conducted and pronounced in the absence of a proclaimed offender who has absconded to evade trial (trial in absentia) are contained in:
aSection 356
bSection 339
cSection 355
dSection 366
Answer: A
Section 356 BNSS, 2023 is a new provision permitting inquiry, trial and pronouncement of judgment in the absence of a proclaimed offender who has absconded to evade trial, where there is no immediate prospect of arresting him.
The proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 allows part of the information received from an accused in police custody to be proved when:
athe accused later repeats the confession before a Magistrate
ba fact is deposed to as discovered in consequence of that information, so much as relates distinctly to the fact discovered
cthe confession is made voluntarily
dthe confession is corroborated by an accomplice
Answer: B
Section 23(2) of the BSA retains the 'discovery' principle: when a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of that information as relates distinctly to the fact thereby discovered may be proved, whether or not it amounts to a confession.
Statements made by a person as to the cause of his death, or as to the circumstances of the transaction which resulted in his death (dying declaration), are made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 39
bSection 24
cSection 32
dSection 26
Answer: D
Section 26 of the BSA, 2023 (corresponding to Section 32 of the old Indian Evidence Act) deals with statements of relevant facts by persons who cannot be called as witnesses, including the dying declaration under clause (a).
When the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 47
bSection 51
cSection 45
dSection 39
Answer: D
Section 39 of the BSA, 2023 (corresponding to Section 45 IEA) makes the opinion of experts relevant, and expressly extends to the opinion of the Examiner of Electronic Evidence on information stored in any computer resource.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption as to documents thirty years old is dealt with by:
aSection 79
bSection 90
cSection 89
dSection 92
Answer: C
The presumption as to documents thirty years old, formerly Section 90 of the Indian Evidence Act, is now contained in Section 89 of the BSA, 2023, under which the Court may presume due signature and execution of such a document produced from proper custody.
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 provides that an accomplice:
amay be convicted only on his own confession
bmust always be granted pardon before testifying
cis not a competent witness against the accused
dshall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice
Answer: D
Section 138 of the BSA, 2023 states that an accomplice is a competent witness against the accused and that a conviction is not illegal where it proceeds upon the corroborated testimony of an accomplice.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that no particular number of witnesses is required for the proof of any fact is found in:
aSection 141
bSection 137
cSection 139
dSection 134
Answer: C
Section 139 of the BSA, 2023 (corresponding to Section 134 of the old Indian Evidence Act) provides that no particular number of witnesses shall in any case be required for the proof of any fact.
Under Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, a leading question, if objected to by the adverse party, must NOT be asked in:
across-examination
bre-examination only
cexamination-in-chief or re-examination, except with the permission of the Court
dany examination whatsoever
Answer: C
Section 146 of the BSA, 2023 defines a leading question and provides that, if objected to, it must not be asked in examination-in-chief or re-examination except with the Court's permission, though it may freely be asked in cross-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. This rule is contained in:
aSection 104
bSection 106
cSection 111
dSection 109
Answer: D
Section 109 of the BSA, 2023 (corresponding to Section 106 of the old Indian Evidence Act) places the burden of proving a fact especially within a person's knowledge upon that person.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'primary evidence' is defined in Section 57 to mean:
athe document itself produced for the inspection of the Court
boral accounts of the contents of a document
ca certified copy of the original document
da copy made from the original by a mechanical process
Answer: A
Section 57 of the BSA, 2023 (corresponding to Section 62 IEA) defines primary evidence as the document itself produced for the inspection of the Court, and its Explanations now expressly bring electronic and digital records within its scope.
Under the Bharatiya Sakshya Adhiniyam, 2023, when in a proceeding the court has to form an opinion on any matter relating to information transmitted or stored in any computer resource or other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 is a relevant fact. This provision is contained in:
aSection 79
bSection 45(1)
cSection 63
dSection 39(2)
Answer: D
Section 39 of the BSA deals with opinions of experts; sub-section (2) makes the opinion of the Examiner of Electronic Evidence (under section 79A of the IT Act, 2000) a relevant fact and treats such Examiner as an expert.
Under Section 105 of the Transfer of Property Act, a 'lease' of immovable property is a transfer of:
aAbsolute ownership in the property for a price
bA mere licence to use the property without any interest therein
cA right to enjoy the property for a certain time, or in perpetuity, in consideration of a price paid or rent
dThe right to recover a debt secured on the property
Answer: C
Section 105 defines a lease as a transfer of a right to enjoy immovable property for a certain time, express or implied, or in perpetuity, in consideration of a premium or rent; it transfers an interest, not mere ownership.
A, the eldest son of B who is alive, executes a deed transferring to C the share he expects to inherit on B's death. Under the Transfer of Property Act, 1882, such a transfer is:
aVoid, being the transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis)
bValid, as A has a vested interest in B's estate
cVoidable at the option of B during his lifetime
dValid only if attested by two witnesses and registered
Answer: A
Section 6(a) of the Transfer of Property Act, 1882 declares that the chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred; such a transfer is void.
A person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration; he later acquires an interest in that property. Under Section 43 of the Transfer of Property Act, 1882, at the option of the transferee, the transfer:
aOperates only after a fresh deed is executed by the transferor
bBinds only the heirs of the transferor, not the transferor himself
cIs wholly void and cannot be enforced
dMay operate on the interest which the transferor subsequently acquires, embodying the doctrine of feeding the grant by estoppel
Answer: D
Section 43 enacts the doctrine of feeding the grant by estoppel: where an unauthorised person who fraudulently or erroneously represented authority to transfer later acquires the interest, the transfer may, at the transferee's option, operate on that subsequently acquired interest.
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 to a stranger. Under the doctrine codified in Section 52 of the Transfer of Property Act, 1882, the transfer:
aIs valid and binds the court irrespective of the outcome of the suit
bCannot affect the rights of any other party to the suit under the decree that may be made therein
cIs void ab initio and confers no title whatsoever on the transferee
dIs voidable only if the transferee had actual notice of the pending suit
Answer: B
Under Section 52 (lis pendens), a transfer of disputed immovable property during the pendency of a suit is not void, but it cannot affect the rights of any other party to the suit under the decree or order that may be made therein; the transferee takes subject to the result.
For the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882 to be invoked, which of the following is NOT a requisite condition?
aThere must be a contract to transfer immovable property for consideration, in writing and signed by the transferor
bThe contract must in every case have been compulsorily registered before the transferee took possession
cThe transferee must have taken possession, or being already in possession, continued in possession in part performance of the contract
dThe transferee must have done some act in furtherance of the contract and be willing to perform his part
Answer: B
Section 53A requires a written contract signed by the transferor, possession taken or continued in part performance, some act in furtherance, and the transferee's willingness to perform; it is precisely the equitable shield for transferees holding under an instrument that fell short, so registration is not one of its constituent conditions.
Under the Transfer of Property Act, 1882, a gift of immovable property must be effected:
aBy a registered instrument signed by or on behalf of the donor and attested by at least two witnesses
bBy delivery of possession alone, without any written instrument
cBy an instrument in writing signed by the donor, registration being optional
dBy a registered instrument signed by the donor, attestation by witnesses being unnecessary
Answer: A
Section 123 of the Act 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; mere delivery of possession is insufficient.
Under Section 51 of the Transfer of Property Act, 1882, where a transferee who in good faith believing himself absolutely entitled has made improvements on immovable property, but is subsequently evicted by a person having a better title, and growing crops are standing at the time of eviction, the transferee is entitled to:
aNothing, as he had no valid title
bThe crops, together with free ingress and egress to gather and carry them away
cDouble the value of the crops as compensation
dOnly the estimated value of the improvements, but not to the crops
Answer: B
The last paragraph of Section 51 expressly preserves the evicted bona fide transferee's right to crops growing at the time of eviction, along with free ingress and egress to gather and carry them, in addition to his right to value of improvements.
Regarding the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882, after the amendment by the Registration and Other Related Laws (Amendment) Act, 2001, which of the following is correct?
aThe contract need not be in writing if possession has been delivered
bThe words allowing protection where the contract though required to be registered was not registered were omitted, so registration of the contract is now essential
cAn unregistered contract is sufficient to claim protection under Section 53A
dSection 53A was wholly repealed by the 2001 Amendment Act
Answer: B
The 2001 Amendment omitted the words 'the contract, though required to be registered, has not been registered, or' from Section 53A, with the result that a transferee can invoke part performance only if the written contract is duly registered.
Which of the following exceptions under Section 25 of the Indian Contract Act, 1872 renders a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, enforceable without consideration?
aException 3 — promise to pay a time-barred debt
bException 2 — compensation for past voluntary services
cException 1 — natural love and affection
dIt is enforceable under none of the exceptions
Answer: B
Section 25(2) makes enforceable a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, even without fresh consideration.
Under Section 11 of the Indian Contract Act, 1872, a person is competent to contract if he is of the age of majority, of sound mind, and:
aIs a citizen of India
bIs engaged in a lawful profession
cIs not disqualified from contracting by any law to which he is subject
dHas the consent of his guardian
Answer: C
Section 11 requires three things: majority, soundness of mind, and that the person is not disqualified from contracting by any law to which he is subject.
The leading authority that the word 'impossible' in Section 56 of the Indian Contract Act, 1872 is not used in the sense of physical or literal impossibility is:
aCarlill v. Carbolic Smoke Ball Co.
bBalfour v. Balfour
cSatyabrata Ghose v. Mugneeram Bangur & Co.
dMohori Bibee v. Dharmodas Ghose
Answer: C
In Satyabrata Ghose v. Mugneeram Bangur & Co., the Supreme Court held that 'impossible' in Section 56 includes practical or commercial impossibility, not merely physical impossibility.
Under Section 230 of the Indian Contract Act, 1872, a contract that an agent is personally bound by, and may personally enforce, is presumed to exist in all of the following cases EXCEPT,
aWhere the agent acts within the scope of his authority for a disclosed and suable principal
bWhere the principal, though disclosed, cannot be sued
cWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
dWhere the agent does not disclose the name of his principal
Answer: A
Section 230 provides that an agent is ordinarily neither personally bound nor able to enforce contracts made for his principal, but personal liability is presumed in the three enumerated cases: a merchant resident abroad, an undisclosed principal, and a disclosed principal who cannot be sued. Where the principal is disclosed and can be sued, no such presumption arises.
A promise to pay a debt barred by the law of limitation is enforceable under Exception (3) to Section 25 of the Indian Contract Act, 1872, only if it is,
aRegistered before a Sub-Registrar within thirty days
bIn writing and signed by the person to be charged or his duly authorised agent
cSupported by fresh consideration moving from the creditor
dMade orally before two attesting witnesses
Answer: B
Section 25(3) makes a promise to pay a time-barred debt a valid contract without fresh consideration, but only where the promise is in writing and signed by the person to be charged or by his agent generally or specially authorised in that behalf. The promise must be express; an oral or merely implied promise is insufficient.
Under Section 27 of the Indian Contract Act, 1872, the saving for a seller of the goodwill of a business who agrees not to carry on a similar business survives as a statutory exception; however, Exceptions 2 and 3 (relating to partners) to Section 27 stand repealed by,
aThe Indian Contract (Amendment) Act, 1996
bThe Sale of Goods Act, 1930
cThe Specific Relief Act, 1963
dThe Indian Partnership Act, 1932
Answer: D
The only exception now surviving in Section 27 itself is the sale-of-goodwill exception, which permits a reasonable restraint within specified local limits. The former Exceptions 2 and 3 dealing with partners were repealed by the Indian Partnership Act, 1932, which now governs restraints among partners.
In computing the period of limitation for any suit, appeal or application, Section 12(1) of the Limitation Act, 1963 provides that the day from which such period is to be reckoned shall be:
aIncluded for suits but excluded for appeals
bIncluded or excluded at the discretion of the court
cExcluded
dIncluded
Answer: C
Section 12(1) directs that the day from which the period of limitation is to be reckoned shall be excluded in computing the period for any suit, appeal or application.
Where, before the expiry of the prescribed period for a suit in respect of a property, an acknowledgment of liability in writing signed by the party against whom the right is claimed has been made, the effect under Section 18 of the Limitation Act, 1963 is that:
aThe limitation period is extended by a fixed period of three years from the original cause of action
bA fresh period of limitation is computed from the time the acknowledgment was so signed
cLimitation is suspended only if the acknowledgment contains an express promise to pay
dThe suit becomes barred immediately notwithstanding the acknowledgment
Answer: B
Under Section 18, a valid written and signed acknowledgment made before expiry of the prescribed period gives rise to a fresh period of limitation computed from when the acknowledgment was signed; no express promise to pay is required.
Section 27 of the Limitation Act, 1963 provides that at the determination of the period limited to a person for instituting a suit for possession of any property:
aThe court may extend the period on proof of sufficient cause
bA fresh period of twelve years begins to run in his favour
cHis right to such property shall be extinguished
dOnly the remedy is barred, but the right to the property survives
Answer: C
Section 27 is an exception to the general rule that limitation bars only the remedy; it provides that on the determination of the period limited for a suit for possession, the person's right to that property is itself extinguished.
Under the Explanation to Section 14 of the Limitation Act, 1963, while computing the time to be excluded for a prior proceeding prosecuted bona fide in a court without jurisdiction,
aneither the day on which the prior proceeding was instituted nor the day on which it ended shall be counted
bonly the day on which the prior proceeding ended shall be counted
cboth the day on which the prior proceeding was instituted and the day on which it ended shall be counted
donly the day on which the prior proceeding was instituted shall be counted
Answer: C
Explanation (a) to Section 14 expressly provides that in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted.
In the case of a continuing breach of contract or a continuing tort, Section 22 of the Limitation Act, 1963 provides that a fresh period of limitation begins to run
afrom the date the plaintiff first acquires knowledge of the breach or tort
bat every moment of the time during which the breach or the tort continues
conly from the date the breach or tort first commenced
donly from the date the breach or tort finally ceases
Answer: B
Section 22 states that in the case of a continuing breach of contract or continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues.
After the Specific Relief (Amendment) Act, 2018, Section 10 of the Specific Relief Act, 1963 now provides that specific performance of a contract:
ashall be enforced only where monetary compensation is an adequate relief
bcan never be enforced where compensation in money is awardable
cmay, in the discretion of the court, be enforced
dshall be enforced by the court, subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16
Answer: D
The 2018 amendment replaced the earlier discretionary language with a mandatory rule: under the substituted Section 10, specific performance shall be enforced subject to Section 11(2), Section 14 and Section 16, making it the rule rather than a discretionary remedy.
Section 20A, inserted into the Specific Relief Act, 1963 by the Amendment Act of 2018, bars the grant of an injunction by a court in a suit involving a contract relating to:
aimmovable property situated within a Special Economic Zone
bany commercial transaction exceeding rupees one crore in value
can infrastructure project specified in the Schedule, where it would cause impediment or delay in its progress or completion
da contract to which the Central Government is a party
Answer: C
Section 20A provides that no injunction shall be granted by a court in a suit involving a contract relating to an infrastructure project specified in the Schedule, where granting the injunction would cause impediment or delay in the progress or completion of that project.
Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall not make a declaration of legal character or right where the plaintiff:
aseeks the declaration after the period of limitation has expired
bis in possession of the property in question
chas not joined the Government as a party to the suit
dbeing able to seek further relief than a mere declaration of title, omits to do so
Answer: D
The proviso to Section 34 bars a declaratory decree where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so; this prevents multiplicity of suits by compelling the plaintiff to claim all available consequential relief.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted to restrain any person from:
acommitting a breach of an obligation existing in his favour
bremoving a fixture wrongfully affixed to the plaintiff's land
cinterfering with the plaintiff's enjoyment of an easement
dinstituting or prosecuting any proceeding in a criminal matter
Answer: D
Section 41(d) of the Specific Relief Act, 1963 expressly provides that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
Section 14A of the Specific Relief Act, 1963, inserted by the Specific Relief (Amendment) Act, 2018, confers upon the court which of the following powers?
aPower to grant substituted performance suo motu
bPower to refer the suit compulsorily to arbitration
cPower to engage one or more experts to assist it on any specific issue involved in the suit
dPower to award punitive damages in addition to specific performance
Answer: C
Section 14A, inserted by the 2018 Amendment, is titled 'Power of court to engage experts' and empowers the court, where it considers necessary, to engage one or more experts and seek their opinion on any specific issue in the suit, the report forming part of the record.
After a cheque is returned unpaid and the payee serves a valid demand notice under Section 138 of the Negotiable Instruments Act, 1881, the offence is complete only when the drawer fails to pay the cheque amount within:
aone month of dishonour of the cheque
bthirty days of receipt of the said notice
cseven days of receipt of the said notice
dfifteen days of receipt of the said notice
Answer: D
The proviso to Section 138 requires the notice to be sent within thirty days of intimation of dishonour, but the offence is committed only if the drawer fails to pay within fifteen days of receipt of that notice. The fifteen-day default window is the operative period.
In a complaint under Section 138, the court directing the drawer to pay interim compensation under Section 143A of the Negotiable Instruments Act, 1881 may order an amount NOT exceeding:
afifty per cent of the amount of the cheque
bthe entire amount of the cheque
cten per cent of the amount of the cheque
dtwenty per cent of the amount of the cheque
Answer: D
Section 143A, inserted by the 2018 Amendment, caps interim compensation at twenty per cent of the cheque amount. (At the appellate stage, Section 148 allows a deposit of a minimum of twenty per cent of the fine or compensation.)
Under Section 123 of the Negotiable Instruments Act, 1881, a cheque bearing across its face merely two parallel transverse lines, without naming any banker between them, is:
arendered not negotiable in every case
bcrossed generally
ccrossed specially
dnot crossed at all
Answer: B
Section 123 provides that two parallel transverse lines (with or without the words 'and company' or 'not negotiable') constitute a general crossing. Special crossing under Section 124 requires the name of a banker to be added across the face of the cheque.
Following the Negotiable Instruments (Amendment) Act, 2015, where a dishonoured cheque was delivered for collection through the payee's account, a complaint under Section 138 must be tried by the court within whose local jurisdiction:
athe drawer ordinarily resides
bthe branch of the drawer's bank on which the cheque was drawn is situated
cthe cheque was originally drawn and signed
dthe branch of the bank where the payee maintains the account is situated
Answer: D
Section 142(2)(a), inserted by the 2015 Amendment, fixes jurisdiction at the court where the branch of the bank in which the payee or holder in due course maintains the account (through which the cheque was delivered for collection) is situated, overriding the earlier drawer-centric position.
Under Section 143A of the Negotiable Instruments Act, 1881 (inserted by the Amendment Act of 2018), the interim compensation that a court may direct the drawer to pay in a complaint under Section 138 shall NOT exceed
atwenty-five per cent of the amount of the cheque
bten per cent of the amount of the cheque
cfifteen per cent of the amount of the cheque
dtwenty per cent of the amount of the cheque
Answer: D
Section 143A(2) provides that interim compensation shall not exceed twenty per cent of the amount of the cheque, payable within sixty days (extendable by a further period not exceeding thirty days for sufficient cause).
Which of the following documents is exempted by Section 17(2) of the Registration Act, 1908 from the requirement of compulsory registration?
aA gift deed of immovable property
bA non-testamentary instrument creating a right in immovable property worth two hundred rupees
cA certificate of sale granted to the purchaser of property sold by public auction by a civil or revenue officer
dA lease of immovable property exceeding one year
Answer: C
Section 17(2)(xii) excepts from compulsory registration any certificate of sale granted to the purchaser of property sold by public auction by a civil or revenue officer; the other options fall within Section 17(1).
Under Section 34 of the Registration Act, 1908, before a document is registered, the persons executing it (or their representatives or agents) must ordinarily appear before the registering officer:
aWithin the time allowed for presentation under Sections 23 to 26
bOnly after the document has been impounded
cAt any time, there being no time limit for appearance
dWithin twelve months of execution in every case
Answer: A
Section 34 requires that no document be registered unless the persons executing it appear before the registering officer within the time allowed for presentation under Sections 23 to 26; the Registrar may condone delay up to four months on payment of fine.
Under Section 25 of the Registration Act, 1908, where a document is not presented for registration within the prescribed time owing to urgent necessity or unavoidable accident, the Registrar may, in cases where the delay does not exceed four months, direct that it be accepted on payment of a fine not exceeding:
aFive times the amount of the proper registration-fee
bTwenty times the amount of the proper registration-fee
cTwice the amount of the proper registration-fee
dTen times the amount of the proper registration-fee
Answer: D
Section 25(1) empowers the Registrar, where the delay in presentation (due to urgent necessity or unavoidable accident) does not exceed four months, to accept the document on payment of a fine not exceeding ten times the amount of the proper registration-fee.
A document accepted for registration by a Sub-Registrar from a person not duly empowered to present it has been registered. Under Section 23A of the Registration Act, 1908, a person claiming under such document may present it for re-registration within:
aFour months from his first becoming aware that the registration is invalid
bOne year from his first becoming aware that the registration is invalid
cThirty days from the date of the original registration
dThree months from the date of the original registration
Answer: A
Section 23A allows a person claiming under such a document to present it for re-registration in the office of the Registrar of the district within four months from his first becoming aware that the original registration is invalid.
In a prosecution under the Chhattisgarh Excise Act, 1915 for unlawful import, transport, manufacture, possession or sale of an intoxicant (Section 34), the law:
aRaises a presumption, until the contrary is proved, that the accused has committed the offence in respect of the intoxicant or apparatus
bBars any presumption unless the intoxicant exceeds a prescribed quantity
cRequires corroboration by at least two independent witnesses before any presumption arises
dPlaces the entire burden of proving guilt on the prosecution with no presumption
Answer: A
The Act provides that in such prosecutions it shall be presumed, until the contrary is proved, that the accused has committed the offence in respect of the intoxicant or the still, utensil, implement or apparatus concerned.
Under the Chhattisgarh Excise Act, 1915, where an offence punishable under the Act has been committed, which of the following is liable to confiscation?
aNothing, since confiscation is barred unless a conviction is first recorded by the High Court
bOnly the still or apparatus used in committing the offence
cOnly the intoxicant in respect of which the offence was committed
dThe intoxicant, the still, utensil, implement or apparatus, and the receptacles, packages and conveyances used in carrying the same
Answer: D
The confiscation provision makes liable not only the intoxicant and the still/utensil/implement/apparatus, but also the receptacles, packages, coverings and the animals, carts or conveyances used in carrying the same.
Under the Chhattisgarh Excise Act, 1915, "excise revenue" means revenue derived or derivable from any duty, fee, tax, penalty or payment under the Act, but expressly does NOT include:
aA penalty imposed by the Collector
bA fine imposed by a Court of law
cDuty levied on imported liquor
dA licence fee payable by a vendor
Answer: B
Section 2 defines "excise revenue" to mean revenue from any duty, fee, tax, penalty or payment under the Act, but expressly excludes a fine imposed by a Court of law.
Under the scheme of the Chhattisgarh Rent Control Act, 2011, which authority is subordinate to the Rent Control Tribunal?
aThe Civil Judge, Senior Division
bThe Registrar of Documents
cThe Rent Controller
dThe District Collector
Answer: C
The Rent Controller, appointed for the district, functions as the adjudicating authority of first instance and is subordinate to the Rent Control Tribunal, which exercises appellate authority.
Under the Chhattisgarh Rent Control Act, 2011, the term 'accommodation' is defined to mean a building or part of a building leased by the landlord to the tenant. It includes -
aBoth residential and non-residential buildings, including garden, garage and amenities forming part of the agreement
bOnly non-residential buildings
cOnly residential buildings
dLand used for agricultural purposes
Answer: A
Section 2 defines 'accommodation' as any building or part of a building, whether residential or non-residential, leased by the landlord, including open space, staircase, garden, garage and amenities forming part of the agreement, but excluding land used for agricultural purposes.
Under the Chhattisgarh Rent Control Act, 2011, the rights of a landlord (as distinguished from his obligations) are enumerated in -
aSchedule 1
bSchedule 3
cSchedule 2
dSchedule 4
Answer: C
Under the scheme of the Schedules, Schedule 1 deals with the tenant's rights, Schedule 2 with the landlord's rights, Schedule 3 with the landlord's obligations and Schedule 4 with the tenant's obligations.
In a suit for possession of land, houses or gardens valued under Section 7(v) of the Court Fees Act, 1870, the fee is computed according to:
aThe value of the subject-matter, that value being determined as provided in the section (such as on market value or multiples of revenue/profits)
bHalf the value claimed by the plaintiff
cThe amount of rent payable for one year
dA fixed fee under the Second Schedule
Answer: A
Section 7(v) values suits for possession of land, houses or gardens according to the value of the subject-matter, computed on the basis (market value or specified multiples of land revenue or net profits) laid down in that clause.
Under the Court Fees Act, 1870, the effect of Section 4 read with Section 6 is that a document chargeable with court fee, on which the proper fee has not been paid:
aShall not be filed, exhibited or recorded in any court of justice or public office until the fee is paid
bMay be filed but cannot be relied upon as evidence
cShall be impounded and forwarded to the Collector for prosecution
dIs void ab initio and cannot be cured
Answer: A
Sections 4 and 6 bar the filing, exhibition or recording of a chargeable document in the High Courts and in mufassil courts or public offices respectively unless the court fee prescribed in the Schedules is first paid.
Under Section 12 of the Court Fees Act, 1870, when a suit comes before a court of appeal, reference or revision and that court finds the valuation was wrongly decided to the detriment of the revenue, the court shall:
aRequire the party who paid the fee to pay so much additional fee as would have been payable had the question been rightly decided
bRefer the matter to the Chief Controlling Revenue Authority for assessment
cRefund the excess fee already collected
dDismiss the appeal for under-valuation
Answer: A
The proviso to Section 12 empowers the appellate, reference or revisional court, on finding the valuation wrongly decided against the revenue, to require payment of the additional fee that would have been due on a correct valuation.
Under the Chhattisgarh Land Revenue Code, 1959, an application to a Revenue Officer or revenue court for review of an order, on the ground of an error apparent or discovery of new matter, is to be governed broadly by the principles of:
aThe Specific Relief Act
bThe Indian Evidence Act
cThe Code of Civil Procedure
dThe Code of Criminal Procedure
Answer: C
The review provision of the Code permits a revenue officer to review his own order on grounds analogous to those in the Code of Civil Procedure, subject to sanction where a higher officer's order is reviewed.
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