Chhattisgarh Judiciary — Prelims 2014

Correct answer: B

This is the illustration to IPC Section 300/299: intentionally causing death by omitting to give food plus beating is murder.

Correct answer: C

IPC Section 78 protects an act done in pursuance of, or by judgment/order of a court, if done in good faith (Section 76 covers a person bound by law). Option 'c' (printed 'Section 7S') is Section 78.

Correct answer: C

Instigating B to commit murder is abetment; the offence is committed though B refuses (IPC Section 115/116 abetment of offence).

Correct answer: C

Punishment for rioting is IPC Section 147 (extends to two years, or fine, or both).

Correct answer: B

Intentionally omitting to attend as a witness in obedience to a summons is punishable under IPC Section 174 (non-attendance in obedience to an order of a public servant).

Correct answer: A

Harbouring/screening an offender of a capital offence (murder) is IPC Section 212; punishable with imprisonment up to seven years and fine.

Correct answer: D

Disclosure of the identity of a rape victim is punishable under IPC Section 228A.

Correct answer: D

Offences affecting the human body are dealt with in IPC Chapter XVI.

Correct answer: D

Voluntarily causing hurt to extort a confession is IPC Section 330 (this is its very illustration).

Correct answer: B

Signing one's own name intending it to be taken as signed by another person of the same name is forgery under IPC Section 464 (its illustration).

Correct answer: C

The First Schedule of the Cr.P.C. classifies offences as cognizable/non-cognizable and bailable/non-bailable.

Correct answer: B

Section 6 Cr.P.C. enumerates the classes of criminal courts.

Correct answer: D

Plea bargaining is contained in Chapter XXIA (Sections 265A-265L) Cr.P.C., inserted by the 2005 amendment.

Correct answer: C

Power to require a bond for good behaviour (Sections 106-110 Cr.P.C.) is exercised by an Executive Magistrate.

Correct answer: C

'Cognizable offence' is defined in Section 2(c) of the Cr.P.C.

Correct answer: D

Section 41C Cr.P.C. requires the State Government to establish a police control room in every district and at the State level.

Correct answer: D

Section 41D Cr.P.C. gives an arrested person the right to meet an advocate of his choice during interrogation.

Correct answer: A

Section 102 Cr.P.C. authorises any police officer to seize property suspected to be stolen or found in circumstances creating suspicion of an offence.

Correct answer: D

Section 401 Cr.P.C. confers the High Court's powers of revision.

Correct answer: C

Under Section 468 Cr.P.C., for an offence punishable with imprisonment exceeding one year but not exceeding three years, the limitation period for taking cognizance is three years.

Correct answer: C

Under Section 64 C.P.C., a private transfer/alienation of property after attachment is void as against all claims enforceable under the attachment.

Correct answer: B

Section 75 C.P.C. confers the court's power to issue commissions.

Correct answer: D

Section 89 C.P.C. provides for settlement of disputes outside the court (arbitration, conciliation, mediation, Lok Adalat).

Correct answer: B

Section 100(1) C.P.C. allows a second appeal only where the case involves a substantial question of law.

Correct answer: B

Under Section 113 read with Order 46 C.P.C., a court may state a case and refer the question of validity of an Act to the High Court for opinion.

Correct answer: D

Under Section 133 CPC, the President, Vice-President, Union and State Ministers, Speakers, Judges of the Supreme Court/High Courts and other dignitaries are exempt from personal appearance in court. Hence all of these.

Correct answer: C

Under Section 148A CPC a caveat remains in force for ninety days from the date on which it was lodged.

Correct answer: C

Under Order 7 Rule 14(3) / Order 13 CPC, a document that ought to have been produced with the plaint but was not, shall not be received in evidence on the plaintiff's behalf except with the leave of the court.

Correct answer: D

Under Order 9 Rule 3 CPC, where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.

Correct answer: A

Under Order 20 Rule 6A CPC, the decree shall be drawn up within fifteen days of the date on which the judgment is pronounced.

Correct answer: C

Section 3 of the Indian Evidence Act defines 'Court' to include all Judges and Magistrates and all persons legally authorised to take evidence, except arbitrators. Hence an arbitrator is excluded.

Correct answer: B

Although the Indian Evidence Act, 1872 (Act 1 of 1872) bears the date 15th March 1872, Section 1 provides it shall come into force on 1st September 1872.

Correct answer: A

Flagged: options (a) and (c) are identical ('11 Chapters 157 Sections') and the original Act actually had 11 Chapters and 167 sections, so no option is strictly correct. Best guess is the '11 Chapters' option (a).

Correct answer: C

The doctrine of res gestae is codified in Section 6 of the Indian Evidence Act (facts forming part of the same transaction).

Correct answer: B

Purchase of poison just before the murder is an act of preparation, relevant under Section 8 of the Indian Evidence Act (motive, preparation and conduct).

Correct answer: A

Section 11 of the Indian Evidence Act states when facts not otherwise relevant become relevant.

Correct answer: D

Confession is nowhere defined in the Indian Evidence Act; the term is dealt with under Sections 24-30 but no defining section exists. Hence none of these.

Correct answer: C

Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof but may operate as estoppel; they are relevant pieces of evidence which may be used against the maker.

Correct answer: D

Provisions regarding burden of proof are codified in Chapter VII (Sections 101-114) of the Indian Evidence Act.

Correct answer: A

Under Section 119 of the Indian Evidence Act, evidence given by a witness who is unable to speak (by writing or signs in open court) is deemed to be oral evidence.

Correct answer: A

The words 'Socialist' and 'Secular' were inserted in the Preamble by Section 2 of the Constitution (42nd Amendment) Act, 1976.

Correct answer: B

Article 75(1) of the Constitution empowers the President to appoint the Prime Minister.

Correct answer: B

Under Article 109, a Money Bill passed by the Lok Sabha is deemed passed by both Houses if the Rajya Sabha does not return it within fourteen days.

Correct answer: B

Under Article 324(5), the Chief Election Commissioner can be removed only in like manner and on like grounds as a Judge of the Supreme Court, i.e. by a resolution of both Houses of Parliament.

Correct answer: C

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 (and came into force on 26 January 1950).

Correct answer: C

In Golak Nath v. State of Punjab (1967) the Supreme Court held by majority that Parliament could not amend Fundamental Rights under Article 368.

Correct answer: A

Justice M. Fathima Beevi, appointed on 6 October 1989, was the first woman judge of the Supreme Court of India.

Correct answer: D

Under the Election Commission (Conditions of Service) Act, the Chief Election Commissioner holds office for six years or until the age of 65 years, whichever is earlier.

Correct answer: D

Article 361 of the Constitution provides personal immunity to the President (and Governors) from answerability to any court for the exercise of official functions.

Correct answer: C

Under Article 360, a proclamation of financial emergency must be approved by Parliament within two months, otherwise it ceases to operate.

Correct answer: D

An invitation to tender is merely an invitation to offer; the party inviting tenders is NOT bound to accept any tender. The other three statements are correct propositions of contract law, so (d) is the incorrect statement.

Correct answer: B

Section 14 of the Indian Contract Act, 1872 defines 'free consent' (consent not caused by coercion, undue influence, fraud, misrepresentation or mistake). Section 13 defines 'consent'.

Correct answer: C

Section 29 of the Indian Contract Act provides that agreements the meaning of which is not certain, and not capable of being made certain, are void.

Correct answer: B

Section 31 of the Indian Contract Act defines a contingent contract as a contract to do or not to do something if some collateral event does or does not happen.

Correct answer: A

Section 40 of the Indian Contract Act deals with the persons by whom a promise is to be performed (the promisor personally or by his representatives, depending on intention).

Correct answer: B

Chapter V (Sections 68-72) of the Indian Contract Act covers 'certain relations resembling those created by contract' (quasi-contracts).

Correct answer: B

Section 71 of the Indian Contract Act provides that the finder of goods is subject to the same responsibility as a bailee. (Note: option labeling places 'responsibility of finder of goods' at S.71; the stated option 'b'=S.69 is mismatched in the OCR, but S.71 is the correct provision.)

Correct answer: D

The Transfer of Property Act, 1882 came into force on 1 July 1882, which is not among the March/April/May options listed, so the correct answer is 'None of these'.

Correct answer: B

Section 9 of the Transfer of Property Act provides that a transfer of property may be made without writing in every case in which writing is not expressly required by law (conditions of oral transfer).

Correct answer: D

Section 58(a) of the Transfer of Property Act defines mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed, hence 'All of these'.

Correct answer: C

Sections 67 to 77 of the Transfer of Property Act set out the rights and liabilities of the mortgagee (e.g. S.67 foreclosure, S.68-72 rights, S.76-77 liabilities).

Correct answer: D

Section 55 of the Transfer of Property Act provides the rights and liabilities of buyer and seller in a sale of immovable property.

Correct answer: C

Section 116 of the Transfer of Property Act deals with the effect of holding over by a lessee after the determination of the lease.

Correct answer: D

Section 127 of the Transfer of Property Act deals with onerous gifts.

Correct answer: D

The Specific Relief Act, 1963 was brought into force from 1 March 1964 by Notification S.O. 189 dated 13 January 1964.

Correct answer: D

Section 44 of the Specific Relief Act, 1963 (titled 'Repeal') repealed the Specific Relief Act, 1877; it relates to repeal, not injunction/compensation. (Later omitted by Act 56 of 1974.)

Correct answer: B

Section 38 of the Specific Relief Act, 1963 provides for the grant of a perpetual (permanent) injunction.

Correct answer: C

Section 39 of the Specific Relief Act, 1963 provides for the grant of a mandatory injunction.

Correct answer: A

Section 42 of the Specific Relief Act, 1963 provides for an injunction to perform a negative agreement.

Correct answer: C

Under Section 25 of the General Clauses Act / settled practice, where a date is expressed in an instrument according to a calendar not the English (Gregorian) calendar, limitation is computed by reference to the English/Gregorian calendar; the recognised answer is the English Calendar.

Correct answer: A

Article 113 of the Schedule to the Limitation Act, 1963 is the residuary article providing a three-year limitation period for any suit for which no period is provided elsewhere.

Correct answer: B

Section 25 of the Limitation Act, 1963 deals with acquisition of easements (e.g. light, air, way, watercourse) by prescription after 20 years' uninterrupted enjoyment as of right.

Correct answer: A

Section 16 of the Limitation Act, 1963 deals with the effect of death on or before the accrual of the right to sue.

Correct answer: D

Section 6 of the Limitation Act, 1963 lists legal disabilities as minority, insanity and idiocy, hence 'All of these'.

Correct answer: D

Under Section 3 of the Registration Act, 1908, the Inspector-General of Registration is appointed by the State Government.

Correct answer: C

Under Section 10 of the Registration Act, 1908, when a Registrar's office is temporarily vacant, the person appointed by the Inspector-General of Registration acts as Registrar (in default, the District Court Judge).

Correct answer: A

Section 18A was inserted into the Registration Act, 1908 by the Registration and Other Related Laws (Amendment) Act, 2001 (Act 48 of 2001), w.e.f. 24-9-2001.

Correct answer: C

Section 17 of the Registration Act, 1908 is titled 'Documents of which registration is compulsory'.

Correct answer: C

Re-registration of certain documents is provided under Section 23A of the Registration Act, 1908.

Correct answer: D

The Negotiable Instruments Act, 1881 fixes no minimum or maximum period for a promissory note; if no time is specified it is payable on demand. No time limit is fixed.

Correct answer: C

A 'negotiable instrument' is defined under Section 13 of the Negotiable Instruments Act, 1881 (promissory note, bill of exchange or cheque payable to order or to bearer).

Correct answer: A

'Bill of Exchange' is defined under Section 5 of the Negotiable Instruments Act, 1881.

Correct answer: D

Banking-practice item not governed by a fixed statutory period; a stop-payment instruction generally remains in force until withdrawn by the drawer, so the keyed answer is 'None of these'.

Correct answer: D

'Public holiday' is explained in the Explanation to Section 25 of the Negotiable Instruments Act, 1881 (includes Sundays and days notified by the Central Government).

Correct answer: C

The Court-Fees Act, 1870 (Act VII of 1870, passed 11 March 1870) came into force on 1st April 1870 per Section 1.

Correct answer: D

Refund of fee on application for review of judgment is provided under Section 14 of the Court-Fees Act, 1870 (Section 13 deals with refund on memorandum of appeal).

Correct answer: A

Section 19 of the Court-Fees Act, 1870 is titled 'Exemption of certain documents'.

Correct answer: A

Chapter V of the Court-Fees Act, 1870 is 'Of the mode of levying fees'.

Correct answer: D

The Chhattisgarh Rent Control Act, 2011 (Act No. 19 of 2012) came into force w.e.f. 6th November 2012.

Correct answer: A

Powers of the Rent Control Tribunal are provided under Section 8 of the Chhattisgarh Rent Control Act, 2011 (Section 6 is constitution of the Tribunal, Section 7 is Rent Controller).

Correct answer: B

Schedule 1 of the Chhattisgarh Rent Control Act, 2011 sets out the rights of tenants (Section 11 secures these rights to every tenant).

Correct answer: B

Rights of the landlord are set out in Schedule 2 of the Chhattisgarh Rent Control Act, 2011.

Correct answer: C

Section 257 of the Chhattisgarh Land Revenue Code, 1959 deals with 'Exclusive jurisdiction of revenue authorities' (barring civil court jurisdiction).

Correct answer: A

Schedule IV-related insertion (Residential Colony/Project category) was made by the C.G. Land Revenue Code (Amendment) Act No. 14 of 2011 (dated 3.5.2011).

Correct answer: D

Under the Chhattisgarh Excise Act, 1915, the State Government may by notification declare what shall be deemed 'country liquor'.

Correct answer: B

Under the Chhattisgarh Excise Act, 1915, the power to declare a drink 'foreign liquor' is likewise vested in the State Government by notification.

Correct answer: C

Within a military cantonment, no licence for retail sale of liquor shall be granted except with the knowledge and consent of the Commanding Officer.

Correct answer: B

Under the Chhattisgarh Excise Act, 1915, a licensed vendor shall not sell/deliver liquor to any person apparently under 21 years of age.

Correct answer: D

The District Magistrate may, by written notice, require liquor shops to be closed for such period as necessary for the preservation of public peace under the Chhattisgarh Excise Act, 1915.

Correct answer: A

Under Section 34 of the Chhattisgarh Excise Act, 1915 (as amended), first offence of bhang cultivation is punishable with imprisonment of 6 months to 2 years and fine of Rs. 10,000 to Rs. 50,000.