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Chhattisgarh Judiciary — Prelims 2015

100 questions Objective 100 answers with solutions PDF
1

When did Indian Penal Code 18*50 come into force?

  • a1860
  • b1861
  • c1862
  • d1863
Answer & solution

Correct answer: C

The Indian Penal Code, though enacted in 1860, came into force on 1 January 1862 (Section 1, IPC).

2

Which section of the IPC provides for punishment for subjecting women to cruelty?

  • aSection 498
  • bSection 498 A
  • cSection 498 B
  • dSection 375
Answer & solution

Correct answer: B

Section 498A IPC (inserted 1983) punishes cruelty to a woman by her husband or his relatives.

3

Section 124A of IPC’ prescribes punishment for:

  • aSedition
  • bWaging war against the Government of India
  • cAbetting mutiny
  • dAiding escape of a prisoner
Answer & solution

Correct answer: A

Section 124A IPC prescribes punishment for sedition.

4

Voyeurism has been criminalised in India by virtue of which, amendment to IPC?

  • a2015
  • b1983
  • c1870
  • d2013
Answer & solution

Correct answer: D

Voyeurism (Section 354C IPC) was introduced by the Criminal Law (Amendment) Act, 2013 following the Nirbhaya case.

5

What is not an offence under IPC?

  • aMarital rape
  • bBigamy
  • cAffray
  • dMischief
Answer & solution

Correct answer: A

Marital rape is not an offence under the IPC (Exception 2 to Section 375 excludes it); bigamy (494), affray (159) and mischief (425) are all offences.

6

In order to constitute theft, what is not an ingredient in IPC?

  • aDishonest intention
  • bMoving of the property
  • cCommon retention
  • dMovable property
Answer & solution

Correct answer: C

Under Section 378 IPC the ingredients are dishonest intention, movable property, and moving it out of another's possession; 'common retention' is not an ingredient of theft.

7

Which of the following statements is not correct one?

  • aAll assembly which was not unlawful when it assembled, may become subsequently become an unlawful assembly
  • bKidnapping shall be punished with imprisonment which may extend to seven years
  • cIt is not defamation to make an imputation on the character of another person provided that the imputation be made in good faith
Answer & solution

Correct answer: B

OCR-broken: question asks for the incorrect statement and only three options (a-c) appear. Best guess (b): kidnapping under Section 363 IPC is punishable up to seven years, but framed as a general/over-broad statement it is the misleading one; (a) and (c) are correct propositions on unlawful assembly and good-faith imputation.

8

Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that tiling:

  • aFraudulently
  • bDishonestly
  • cWrongfully
  • dMischievously
Answer & solution

Correct answer: B

Section 24 IPC defines doing a thing 'dishonestly' as doing it with intention of causing wrongful gain to one or wrongful loss to another.

9

Under section 51 of CPC, which one is not a method to enforce execution of the decree?

  • aby appointing a receiver
  • bby sale without attachment
  • cby arrest and detention
  • dby appointing a commission
Answer & solution

Correct answer: D

Section 51 CPC lists execution by delivery of property, attachment and sale (or sale without attachment), arrest and detention, and appointing a receiver; 'appointing a commission' is not a mode of execution.

10

Which of the following statements is correct?

  • aOnly A
  • b: No appeal shall lie from a decree passed by the Court with the consent of parties,
  • c: No appeal shall lie on a question of law.
Answer & solution

Correct answer: B

OCR-broken options. The correct legal proposition is that no appeal lies from a decree passed with consent of parties (Section 96(3) CPC), matching option b; appeals on questions of law do lie, so option c is wrong.

11

Under section 115 of CPC. the high court has the power of:

  • aRevision
  • bReview
  • cReference
  • dVary or reverse any order whatsoever
Answer & solution

Correct answer: A

Section 115 CPC confers revisional jurisdiction on the High Court.

12

Which of the following statements is incorrect?

  • aWhere there are more defendants than one. service of the summons shall be made on each defendant
  • bService of the summons shall be made by tendering a copy thereof signed by the lawyer.
  • cSummons for the defendant cannot be served on his servant,
  • dDefendant may empower agents to receive summons.
Answer & solution

Correct answer: B

The incorrect statement is (b): summons must be signed by the Judge (or officer appointed) and sealed by the court (Order V Rule 1), not signed by the lawyer.

13

Order XV of CPC talks about:

  • adisposal of the suit at the first hearing
  • bsettlement of issues
  • cattendance of witness
  • dnotices
Answer & solution

Correct answer: A

Order XV CPC deals with disposal of the suit at the first hearing.

14

Ail adjournment shall not be granted on the ground:

  • aWhere the circumstances are beyond the control of that party
  • bPleader is ill and the party could not engage another pleader in time
  • cthe pleader’ of a party is engaged in another’ court
  • dBoth where the circumstances are beyond the control of that party and pleader is ill and the
Answer & solution

Correct answer: C

Under the proviso to Order XVII Rule 1 CPC, the pleader being engaged in another court is not a ground for adjournment; illness of pleader/circumstances beyond control are recognised grounds.

15

Which is not a decree?

  • aRejection of a plaint
  • bOrder of dismissal for default
  • cDetermination of any question within section 144 of CPC
  • dConclusive adjudication that determines the rights of the parties with regard to all or any of the matters hi controversy in the suit
Answer & solution

Correct answer: B

Under Section 2(2) CPC an 'order of dismissal for default' is expressly excluded from the definition of decree.

16

Section 21 of the CPC deals with

  • aif pecuniary and Territorial juris diet ion
  • bsubject matter and personal jurisdiction
  • cpersonal and admiralty j mi s diet ion
  • dprobate and summary juris diet ion
Answer & solution

Correct answer: A

Section 21 CPC deals with objections as to place of suing, i.e. pecuniary and territorial jurisdiction (and competence of executing court).

17

A consideration is unlawful:

  • aif it is opposed to public policy
  • bif it is immoral
  • cif it is unethical
  • dboth if it is opposed to public policy and if it is immoral
Answer & solution

Correct answer: D

Under Section 23 of the Indian Contract Act, a consideration/object is unlawful inter alia if it is opposed to public policy or is immoral, so both apply.

18

A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a:

  • aBailee
  • bBailor
  • cAgent
  • dPledgee
Answer & solution

Correct answer: A

Section 71 of the Indian Contract Act makes the finder of goods subject to the same responsibility as a bailee.

19

A continuing guarantee may at any time be revoked by the surety by notice to the creditor:

  • aas to future transactions
  • bas to past transactions
  • cas to the past as well as future transactions
  • da continuing guarantee cannot be revoked at all
Answer & solution

Correct answer: A

Section 130 of the Indian Contract Act permits revocation of a continuing guarantee, by notice to the creditor, as to future transactions.

20

Which of the following statements is incorrect?

  • athe authority of an agent may be implied
  • bConsideration is necessary to create an agency
  • cOnly a person of majority can become an agent
  • dIn emergency, an agent has authority to do all such acts for the purpose of protecting his principal
Answer & solution

Correct answer: B

The incorrect statement is (b): under Section 185 of the Indian Contract Act no consideration is necessary to create an agency.

21

Where persons reciprocally promise, firstly to do certain tilings which are legal, and. secondly under specified circumstances, to do certain other things which are illegal, then _.

  • aboth sets of promise are contract
  • bboth sets of promise are void
  • cthe first set of promise is a contract and the second is a void agreement
  • dboth sets of promise are voidable
Answer & solution

Correct answer: C

Under Section 57 of the Indian Contract Act, the first (legal) set of reciprocal promises is a valid contract and the second (illegal) set is a void agreement.

22

Contingent agreements to do or not to do anything, if an impossible event happens

  • aare void if the impossibility of the event is known to the parlies at the time when it is made
  • bare void if the impossibility of the event is not known to the parties to agreement at the time when it is made
  • care void, whether the impossibility of the event is known or not to the parties to the agreement at the time When it is made
  • dare voidable at the option of the parties
Answer & solution

Correct answer: C

Under Section 36 of the Indian Contract Act, contingent agreements on an impossible event are void whether or not the impossibility is known to the parties at the time it is made.

23

A proposal cannot be revoked:

  • aby failure of the acceptor to fulfil a condition precedent to acceptance
  • bby lapse of the time prescribed in the proposal for its acceptance
  • cby insanity of the proposer, if the fact of insanity comes to the knowledge of the acceptor before acceptance
  • dafter the communication of its acceptance is complete
Answer & solution

Correct answer: D

Under Section 5 of the Indian Contract Act a proposal may be revoked any time before communication of its acceptance is complete as against the proposer; hence it cannot be revoked after that point.

24

Section 170 of Indian Contract Act deals with:

  • aOmeral lien
  • bParticular lien
  • cWhat finger lien
  • dBroker’s lien
Answer & solution

Correct answer: B

Section 170 of the Indian Contract Act provides for the bailee's particular lien (general lien is under Section 171).

25

Which is not a public document?

  • aDocuments forming the records of the acts of foreign country
  • bDocuments forming the records of Tribunal
  • cDocuments forming the records of the Commonwealth
  • dDocuments forming the records of will written by Governor of a State
Answer & solution

Correct answer: D

Under Section 74 of the Indian Evidence Act, records of public/official acts of tribunals, foreign countries and the Commonwealth are public documents; a will written by a Governor is a private document.

26

Section 90 of the Indian Evidence Act creates presumption as to documents that are___ years old.

  • a5
  • b30
  • c7
  • d12
Answer & solution

Correct answer: B

Section 90 of the Indian Evidence Act, 1872 raises a presumption as to genuineness of documents 30 years old produced from proper custody.

27

How many minimum numbers of witnesses are required to prove any fact?

  • aNo particular number of witnesses is required for the proof of any fact
  • b3
  • c2
  • d4
Answer & solution

Correct answer: A

Section 134 of the Evidence Act: no particular number of witnesses is required for the proof of any fact.

28

From the following, which is an exception to section 23 of the Evidence Act?

  • aSection 126 of the Evidence Act
  • bSection 162 of the Evidence Act
  • cSection 125 of the Evidence Act
  • dSection 152 of the Evidence Act
Answer & solution

Correct answer: A

The Explanation to Section 23 of the Evidence Act expressly preserves the obligation of a barrister/pleader to give evidence compellable under Section 126, making Section 126 the exception/carve-out to Section 23.

29

Ail evidence given by a dumb witness in an open court is .

  • aa documentary evidence
  • ban oral evidence
  • cinadmissible
  • ddeemed to be no evidence
Answer & solution

Correct answer: B

Under Section 119 of the Evidence Act, evidence given by a dumb witness by signs/writing in open court is deemed to be oral evidence.

30

Presumption as to absence of consent in certain prosecutions of rape cases is raised by

  • aSection 114 of the Evidence Act
  • bSection 114B of the Evidence Act
  • cSection 376 of the IPC
  • dSection 114A of the Evidence Act
Answer & solution

Correct answer: D

Section 114A of the Evidence Act raises a presumption as to absence of consent of the prosecutrix in certain prosecutions for rape under Section 376 IPC.

31

Which statement is incorrect?

  • aIn cross examination a witness may be asked questions which tend to discover what is his position in life.
  • bIn cross examination a witness may be asked questions which tend to test his veracity.
  • cWitnesses to character shall not be re-examined.
  • dIn cross examination a witness may be asked questions which tend to discover who he is.
Answer & solution

Correct answer: C

Section 140 of the Evidence Act expressly permits witnesses to character to be cross-examined and re-examined; hence the statement that they shall not be re-examined is incorrect.

32

Which of the following statements is correct with respect to an accomplice?

  • aAn accomplice shall not be a competent witness against an accused person
  • bAn accomplice shall be a competent witness against an accused person
  • cNo conviction shall be made based on the uncorroborated testimony of an accomplice
  • dAn accomplice’s testimony shall always be corroborated
Answer & solution

Correct answer: B

Section 133 of the Evidence Act declares an accomplice to be a competent witness against an accused person.

33

Tenth schedule; of The Constitution provides for:

  • aDisqualification on grounds of defection
  • bUnion list
  • cAdministration of tribal areas
  • dAllocation of seats in council of states
Answer & solution

Correct answer: A

The Tenth Schedule of the Constitution (inserted by the 52nd Amendment) provides for disqualification on the ground of defection.

34

Which article makes Hindi in Devnagari Script as the official language of the Union?

  • aArticle 342
  • bArticle 343 (1)
  • cArticle 343 (2)
  • dArticle 343 (3)
Answer & solution

Correct answer: B

Article 343(1) makes Hindi in the Devanagari script the official language of the Union.

35

Article 243ZE of the Constitution of India provides for .

  • aMunicipalities
  • bDistrict Planning Committee
  • cMetropolitan Planning committee
  • dFinance commission
Answer & solution

Correct answer: C

Article 243ZE provides for the constitution of a Committee for Metropolitan Planning in every metropolitan area.

36

the minimum number of judges required for the purpose of hearing any reference by President of India is?

  • a8
  • b5
  • c2
  • d15
Answer & solution

Correct answer: B

Article 145(3) requires a minimum of 5 judges to decide any case involving a substantial question of law as to interpretation of the Constitution or hearing a Presidential reference under Article 143.

37

The quorum to constitute a meeting of either House of Parliament is?

  • aOne-fifth of the total number of members of the House
  • bOne-fourth of the total number of members of the House
  • cOne-third of the total number of members of the House
  • dOne-tenth of the total number of members of the House
Answer & solution

Correct answer: D

Under Article 100(3), the quorum to constitute a meeting of either House of Parliament is one-tenth of the total number of members of that House.

38

Which statement is correct as to the President of India?

  • aHe can resign by writing under his hand addressed to the Vice president
  • bHe can continue to hold office even after expiration of his term until his successor enters upon his office
  • cHe can resign by writing under his hand addressed to the Vice President and can continue to hold office even after expiration of his term until his successor enters upon his office
  • dHe shall not be impeached
Answer & solution

Correct answer: C

Article 56(1)(a) lets the President resign by writing addressed to the Vice-President, and the proviso to Article 56(1)(c) lets him continue in office until his successor enters upon office; both statements are correct.

39

Which Amendment Act to the Constitution insetted fundamental duties to the Constitution?

  • a42nd
  • b43th
  • c72nd
  • d24th
Answer & solution

Correct answer: A

The 42nd Constitutional Amendment Act, 1976 inserted Part IVA (Article 51A) containing the Fundamental Duties.

40

The Constitution of India deals with provisions for maternity relief under:

  • aArticle 40
  • bArticle 43
  • cArticle 42
  • dArticle 41
Answer & solution

Correct answer: C

Article 42 (a Directive Principle) directs the State to make provision for just and humane conditions of work and for maternity relief.

41

Section 85 of Cr PC’ does not cover with respect to attached property:

  • aRelease
  • bSale
  • cRestoration
  • dResale
Answer & solution

Correct answer: D

Section 85 CrPC deals with release, sale and restoration of attached property of a proclaimed person; it does not provide for 'resale'.

42

Under Section 142 of Cr PC: a Magistrate is empowered to issue:

  • aInjunction pending inquiry
  • bShow cause notice
  • cNotice of forfeiture of property
  • dOrder for local inspection
Answer & solution

Correct answer: A

Section 142 CrPC empowers the Magistrate, pending an inquiry under Section 137/138, to issue an injunction directing the person against whom an order under Section 133 was made.

43

When the Magistrate may, in his discretion, discharge the accused?

  • aAt any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case
  • bOffence is lawfully compounded or is not a cognizable offence
  • cBoth at any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case and offence is lawfully compounded or is not a cognizable offence
  • dat any time before the charge has been framed with a cognizable and compounded offence
Answer & solution

Correct answer: C

Section 249 CrPC permits discharge of the accused when the complainant is absent before charge in a complaint case where the offence is compoundable or non-cognizable; both conditions in (a) and (b) together apply.

44

Which of the following may not be a particular record in summary trials as per section 263?

  • aParentage of the accused
  • bParentage of the complainant
  • cthe finding;
  • dthe date on which proceedings terminated
Answer & solution

Correct answer: B

Section 263 CrPC requires recording particulars such as parentage and residence of the accused, the finding, sentence and date of termination; parentage of the complainant is not among the prescribed particulars.

45

Which section of Cr P C provides protection against double jeopardy or Autrefois convict?

  • aSection 400
  • bSection 403
  • cSection 300
  • dSection 301
Answer & solution

Correct answer: C

Section 300 CrPC embodies the rule against double jeopardy (autrefois convict / autrefois acquit).

46

A Court, when it lias signed its judgement or final order disposing of a case, may .

  • aif correct a clerical or arithmetical error
  • balter findings of law
  • creview findings of fact
  • dalter or review ratio
Answer & solution

Correct answer: A

Section 362 CrPC bars alteration of a signed judgment/final order except to correct a clerical or arithmetical error.

47

Which of the following convictions is appealing?

  • aConviction by a High Court in a case wherein accused pleaded guilty
  • bConviction in petty cases by Hi all Court with a sentence of 4 months imprisonment
  • cConviction in petty cases by court of Session with a sentence of 4 months imprisonment
  • dConviction in petty cases passed by a Magistrate of the first class only with a fine of one hundred rupees
Answer & solution

Correct answer: C

Under Section 376 CrPC the bar on appeals in petty cases does not apply where a Court of Session passes a sentence of imprisonment exceeding three months; a 4-month sentence is therefore appealable, whereas options (a), (b) and (d) are non-appealable.

48

Judges in court of Session are appointed by:

  • aDistrict Judge
  • bLaw Minister
  • cSupreme Court
  • dHigh Court
Answer & solution

Correct answer: D

Under Section 9 CrPC the Sessions Judge (and Additional/Assistant Sessions Judges) of a Court of Session are appointed by the High Court.

49

Police may not arrest without warrant any person:

  • awho has in his possession with lawful excuse any implement $of house-breaking
  • bwho has been proclaimed as an offender by order of the State Government
  • cwho obstructs a police officer while in the execution of his duty
  • dwho is reasonably suspected of being a deserter from any of the Armed Forces of the Union
Answer & solution

Correct answer: A

Section 41 CrPC permits arrest without warrant of one possessing house-breaking implements without lawful excuse; possession WITH lawful excuse is not an arrestable circumstance, so police may not arrest him.

50

A warrant-case means:

  • aA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding six months
  • bA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding three years
  • cA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding five years
  • dA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years
Answer & solution

Correct answer: D

Section 2(x) CrPC defines a warrant-case as one relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

51

According to section 7 of the Court Fees Act. in suits for maintenance and annuities or other sums payable periodically – according to the value of the subject- matter of the suit: such value shall be deemed to be_____ the amount claimed to be payable for one year.

  • aten times
  • bfour times
  • cfive times
  • dthree times
Answer & solution

Correct answer: A

Court Fees Act 1870, s.7(ii): for suits for maintenance and annuities/sums payable periodically, value is deemed ten times the amount claimed payable for one year.

52

Section 17 of the Court Fees Act deals with:

  • asuit for easements
  • bmultifarious suits
  • cdeclaratory decree suits
  • dsuit for annuities
Answer & solution

Correct answer: B

Section 17 of the Court Fees Act 1870 is titled 'Multifarious suits' and charges aggregate fees where a suit embraces two or more distinct subjects.

53

Which is not an exempted document under section 19 of the Court Fees Act?

  • aProbate of a will
  • bPower-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union
  • cWritten statements called for by the Court after the first hearing of a suit
  • dMemorandum of appeal
Answer & solution

Correct answer: D

Section 19 exempts probate, military power-of-attorney, written statements called for after first hearing, etc.; a memorandum of appeal is a chargeable document, not exempt.

54

The Court fees Act 1870 is enforced on:

  • aApril 11, 1870
  • bMarch 1, 1870
  • cApril 1, 1870
  • dMarch 1, I870
Answer & solution

Correct answer: C

The Court Fees Act 1870 came into force on the first day of April, 1870 (1st April 1870).

55

Which section requires showing / exposing the process fees chargeable for service and execution in English and Vernacular languages in a conspicuous part of each Court?

  • aSection 20 of the Court Fees Act 1870
  • bSection 22 of the Court Fees Act 1870
  • cSection 21A of the Court Fees Act 1870
  • dSection 21 of the Court fees Act 1870
Answer & solution

Correct answer: D

Section 21 (Tables of process-fees) requires a table in English and Vernacular showing fees for service and execution to be exposed to view in a conspicuous part of each court.

56

Where ail application for a review of judgement is admitted and on the rehearing, the Court reverses its former decision on the ground of mistake in law the applicant shall be entitled to get certificate from the Court authorising him to receive back from the_____ so much of the fee paid 011 the application as exceeds the fee payable on any other application to such Court under the second Schedule to Court fees Act. No. 1. clauses (b) or (d).

  • aCollector
  • bTreasury
  • cCourt clerk
  • dRegistrar
Answer & solution

Correct answer: A

Court Fees Act 1870, s.15: where on review the court reverses its decision on a mistake in law, the applicant gets a certificate to receive back the excess fee from the Collector.

57

In determining the amount of any compensation awarded under section 21 of the Specific Relief Act. the court shall be guided by the principles specified in section_____ of the Indian Contract Act. 1872

  • a70
  • b73
  • c72
  • d71
Answer & solution

Correct answer: B

Specific Relief Act 1963, s.21(3): in determining compensation, the court is guided by the principles in section 73 of the Indian Contract Act 1872 (damages for breach).

58

Section 12 of the Specific Relief Act deals with:

  • aRectification of instrument
  • bPersonal bars to relief
  • cSpecific performance of part of contact
  • dCancellation of instruments
Answer & solution

Correct answer: C

Section 12 of the Specific Relief Act 1963 deals with specific performance of part of a contract.

59

Rescission may not be adjudged by the court where:

  • aThe contract is voidable or terminable by the plaintiff
  • bThe contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff
  • cAny person interested in a contract may sue to have it rescinded
  • dWhere the plaintiff has expressly or impliedly ratified the contract
Answer & solution

Correct answer: D

Under s.27(2) of the Specific Relief Act, rescission may be refused (not adjudged) where the plaintiff has expressly or impliedly ratified the contract.

60

Specific relief is granted for enforcing:

  • aIndividual civil rights
  • bPenal laws
  • cBoth individual civil lights and penal laws
  • dPersonal criminal liability
Answer & solution

Correct answer: A

Section 4 of the Specific Relief Act: specific relief can be granted only for enforcing individual civil rights, not for enforcing penal laws.

61

Under section 7 of the Specific Relief Act, a person entitled to the possession of specific movable property may recover it in the manner provided by which legislation:

  • aThe Limitation Act
  • bThe Evidence Act
  • cThe Code of Civil Procedure
  • dThe Transfer of Property Act
Answer & solution

Correct answer: C

Section 7 of the Specific Relief Act: a person entitled to possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908.

62

Which of the following is a contract that cannot specifically enforceable?

  • aA contract which is in its nature determinable
  • bA contract which is so dependent on the personal qualifications
  • cBoth a contract which is in its nature determinable and also dependent on the personal qualifications
  • dWhere the suit is for the purchase of a share of a partner in a fern
Answer & solution

Correct answer: C

Under s.14 of the Specific Relief Act, contracts determinable in nature AND those dependent on personal qualifications cannot be specifically enforced; hence both.

63

Which of the following statements is correct?

  • aAn easement can be transferred apart from the dominant heritage
  • bA mere right to sue cannot be transferred
  • cA right to future maintenance can be transferred
  • dThe salary of a public officer after it has become payable can be transferred
Answer & solution

Correct answer: B

Transfer of Property Act, s.6(e): a mere right to sue cannot be transferred; easements (6c), future maintenance (6dd), and salary of a public officer (6f) are also non-transferable, making (b) the correct statement.

64

Under section 9 of the Transfer of Property Act. transfer of property with a condition restraining alienation is:

  • aVoid
  • bVoidable
  • cIllegal
  • dPartially legal
Answer & solution

Correct answer: A

Transfer of Property Act, s.10: a condition absolutely restraining alienation is void.

65

Which section creates exception to the restrictions in sections 14. 16 and 17 of the Transfer of Property Act?

  • a15
  • b19
  • c17A
  • dI8
Answer & solution

Correct answer: D

Section 18 of the Transfer of Property Act creates an exception to the restrictions in sections 14, 16 and 17 (transfers for the benefit of the public).

66

Section 54 of the Transfer of Property Act deals with:

  • aSale
  • bDischarge of encumbrances
  • cMarshalling by subsequent purchaser
  • dMortgage
Answer & solution

Correct answer: A

Section 54 of the Transfer of Property Act defines and deals with 'Sale'.

67

A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security. B is entitled to:

  • aThe house as well as the plot
  • bOnly the house
  • cOnly the plot
  • dNeither the plot nor the house
Answer & solution

Correct answer: A

Transfer of Property Act, s.70 (accession to mortgaged property), illustration: the mortgagee is entitled to the house as well as the plot for the purpose of his security.

68

From the following who cannot sue for redemption of the mortgaged property:

  • aThe mortgager
  • bThe mortgagee
  • cSurety for the payment of the mortgage-debt
  • dCreditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property
Answer & solution

Correct answer: B

Transfer of Property Act, s.91: the mortgagor, sureties, and creditors may sue for redemption, but the mortgagee cannot sue for redemption of the mortgaged property.

69

A. the lessor, gives B. the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives B as lessee a second notice to quit. Then

  • aboth the notices will be effective
  • bthe second notice is ineffective
  • conly the first notice will be effective
  • dthe first notice is waived
Answer & solution

Correct answer: D

Transfer of Property Act, s.113 illustration (b): giving a second notice to quit operates as a waiver of the first notice.

70

Which section in the Transfer of Property Act deals with Universal donee?

  • aSection 127
  • bSection 12S
  • cSection 129
  • dSection 130
Answer & solution

Correct answer: A

Section 127 of the Transfer of Property Act deals with the liability of a universal donee (onerous gifts).

71

As per section 2 (c) of the Limitation Act a bill of exchange includes .

  • aPromissory note and bond
  • bPromissory note
  • cA hundi and a cheque
  • dBond
Answer & solution

Correct answer: C

Limitation Act 1963, s.2(c): 'bill of exchange' includes a hundi and a cheque.

72

Under section 6 of the Limitation Act. a minor includes a child:

  • aBelow the age of 15
  • bBelow the age of 18
  • cBelow the age of 14
  • dIn the womb
Answer & solution

Correct answer: D

Limitation Act 1963, s.6 Explanation: 'minor' includes a child in the womb.

73

In computing the period of limitation for any suit, the day from which such period is to be reckoned, shall be:

  • aExcluded
  • bIncluded
  • ceither be included or excluded as per the discretion of the court
  • deither be included or excluded as per the option of the party
Answer & solution

Correct answer: A

Limitation Act 1963, s.12(1): in computing the period of limitation, the day from which the period is to be reckoned shall be excluded.

74

For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment, the period of limitation is:

  • aone year
  • btwo years
  • cthree years
  • dfive years
Answer & solution

Correct answer: C

Limitation Act 1963, Schedule Article 14: for the price of work done at the defendant's request where no time is fixed for payment, the period of limitation is three years.

75

By a landlord to recover possession from a tenant, the period of limitation is:

  • aone year
  • btwo years
  • cthree years
  • dtwelve-years
Answer & solution

Correct answer: D

Limitation Act 1963, Schedule Article 67: a suit by a landlord to recover possession from a tenant has a limitation period of twelve years (from determination of tenancy).

76

The limitation period to restrain waste begins from:

  • awhen the waste begins
  • bwhen the knowledge of waste comes to the knowledge of the petitioner
  • cNo limitation is provided in the Act
  • dfrom the beginning of the calendar year
Answer & solution

Correct answer: A

Under the Limitation Act, 1963 (Art. 89, Schedule), a suit to restrain waste carries a 3-year period beginning 'when the waste begins.'

77

Which of the following is exempted from the purview of Registration Act?

  • aOnly A
  • b: Documents which, under any law for the time being in force, are filed periodically in any revenue-office by patwaris
  • c: Leases of immovable property from year to year
Answer & solution

Correct answer: B

Option labels are OCR-broken (a='Only A', b/c lack letters). Per s.17(2) Registration Act, documents periodically filed by patwaris in revenue offices are exempt; best mapping is the 'patwari periodically filed documents' option (b).

78

For which of the following registration is compulsory under the Registration Act?

  • aNon-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest
  • bGrant of immovable property by government
  • cOrder granting a loan or instrument of collateral security granted under the Land Improvement Act.
  • dCertificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue-officer
Answer & solution

Correct answer: A

Section 17(1)(b) of the Registration Act, 1908 makes registration compulsory for non-testamentary instruments which create, declare, assign, limit or extinguish rights in immovable property; the listed options (b),(c),(d) are expressly excepted under s.17(2).

79

Which of the following document registration is optional?

  • aOnly A
  • b: Leases of immovable property for any term not exceeding one year
  • c: Sanads. inam. Title-deeds and other documents purporting to be or to evidence grants or assignments by government of land or of any interest in land
Answer & solution

Correct answer: B

OCR-broken option labels. Section 18 Registration Act makes registration optional for leases of immovable property not exceeding one year; that is the correct optional-registration item (b).

80

As per section 23 of the Registration Act. wherever exemption is not applicable documents must be presented for registration to the proper officer within______ from the date of its execution.

  • aone year
  • bthree months
  • cforty five days
  • dfour months
Answer & solution

Correct answer: D

Section 23 of the Registration Act, 1908 requires presentation within four months from the date of execution.

81

Under section 11 of the Negotiable Instrument Act. a promissory note, bill of exchange or cheque drawn or made in India, and made payable in. or drawn upon any person resident in India is

  • aInland instrument
  • bForeign instalment
  • cNegotiable instrument
  • dIndorsement
Answer & solution

Correct answer: A

Section 11 of the Negotiable Instruments Act, 1881 defines an instrument made/drawn and payable in India, or drawn on a resident in India, as an inland instrument.

82

If the indorser signs his name and adds a direction to pay the amount mentioned in the instrument to a specified person, the indorsement is said to be:

  • aIndorsement in blank
  • bIndorsement in full
  • cIndorsement in part
  • dIndorsement in specific
Answer & solution

Correct answer: B

Section 16 of the NI Act: where the indorser signs and adds a direction to pay the amount to a specified person, the indorsement is 'in full' (as opposed to indorsement in blank, which is mere signature).

83

Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the_____ day after the day on which it is expressed to be payable.

  • a5th
  • b15th
  • c30th
  • d3rd
Answer & solution

Correct answer: D

Section 22 of the NI Act: a note/bill not payable on demand, at sight or on presentment matures on the third day after the day it is expressed to be payable (three days of grace).

84

As per the provisions of section 26 of the Negotiable Instrument Act:

  • aA minor may draw instrument so as to bind all parties including himself
  • bA minor shall not draw instrument so as to bind any party
  • cA minor may draw instrument so as to bind all parties except himself
  • dA minor shall not indorse instruments
Answer & solution

Correct answer: C

Section 26 of the NI Act: a minor may draw, indorse, deliver and negotiate an instrument so as to bind all parties except himself.

85

In the case of a promissory note which is not negotiable:

  • aNotice of dishonour is compulsory
  • bNo notice of dishonour is necessary
  • cNegotiable Instrument Act is silent on this aspect
  • dIndorsement is necessary
Answer & solution

Correct answer: B

Section 30/93 NI Act scheme: notice of dishonour is required to charge prior parties. For a promissory note that is not negotiable (no indorsement chain to charge), no notice of dishonour is necessary.

86

Section 100 of Negotiable Instrument Act deals with:

  • aProtest
  • bNoting
  • cNotice
  • dCharge
Answer & solution

Correct answer: A

Section 100 of the Negotiable Instruments Act, 1881 deals with 'Protest' (formal certificate of dishonour by a notary public). Noting is dealt with by s.99.

87

What is the retirement age {in years) of a High Court Judge?

  • a60
  • b62
  • c58
  • d65
Answer & solution

Correct answer: B

Article 217(1) of the Constitution: a High Court Judge holds office until the age of 62 years.

88

‘Evidence’ under Indian Evidence Act means:

  • aOcular evidence based 011 documents only
  • bDocumentary evidence
  • cOcular evidence
  • dBoth Ocular and documentary evidence
Answer & solution

Correct answer: D

Section 3 of the Indian Evidence Act defines 'Evidence' to mean both oral evidence (statements of witnesses) and documentary evidence (documents/electronic records produced).

89

____ offences of the same kind within 12 months can be charged together as per the provisions of Cr. P.C.

  • aThree
  • bTwo
  • cFive
  • dFour
Answer & solution

Correct answer: A

Section 219 CrPC: a person may be charged with and tried at one trial for not more than three offences of the same kind committed within the space of twelve months.

90

Who is the present Comptroller and Auditor General of India?

  • aVinod Rai
  • bRaghuram Rajan
  • cShashi Kant Sharma
  • dNasim Zaidi
Answer & solution

Correct answer: C

In 2015, the Comptroller and Auditor General of India was Shashi Kant Sharma (12th CAG, in office 23 May 2013 to 24 Sept 2017).

91

Under Section 9 (2) of the Chhattisgarh Rent Control Act. 2011. all proceedings before the Rent Controller shall ordinarily conclude within_____ from the date of first appearance of the respondent in response to the summons issued for his appearance in the case.

  • afive months
  • bfour months
  • celeven months
  • dsix months
Answer & solution

Correct answer: D

Section 9(2) of the Chhattisgarh Rent Control Act, 2011 provides that proceedings before the Rent Controller shall ordinarily conclude within six months from the respondent's first appearance.

92

Schedule 4 of the Chhattisgarh Rent Control Act. 2011 provides for:

  • aTenant’s Rights
  • bTenant’s obligations
  • cLandlord’s obligations
  • dLandlord’s Rights
Answer & solution

Correct answer: B

Schedule 4 of the Chhattisgarh Rent Control Act, 2011 sets out the Tenant's obligations (Schedule 3 covers landlord's obligations).

93

Under Section 10 of the Chhattisgarh Rent Control Act. 2011 the Rent Control Tribunal has no power to:

  • aGrant adjournment without written application
  • bReview its decision
  • cBring legal representatives on record
  • dExamine any person on oath
Answer & solution

Correct answer: B

Under s.10 of the CG Rent Control Act, 2011 the Rent Control Tribunal has powers of a civil court (examine on oath, bring legal reps on record, etc.) but has no power to review its own decision.

94

Ail Appeal from the order of Rent Controller under the Chhattisgarh Rent Control Act. 2011 lies with:

  • aDistrict Court
  • bRent Control Tribunal
  • cHigh court
  • dSupreme Court
Answer & solution

Correct answer: B

Under the Chhattisgarh Rent Control Act, 2011, an appeal from an order of the Rent Controller lies to the Rent Control Tribunal.

95

As per section 6 of the Chhattisgarh Excise Act. 1915. nothing in the Chhattisgarh Excise Act. 1915 shall affect the provisions of certain Acts. Which Act is not included under the said provision of section 6?

  • aThe Narcotic Drugs and Psychotropic Substances Act, 19S5
  • bThe Sea Customs Act. 1878
  • cThe Indian Tariff Act. 1S94
  • dCantonment act. 1910
Answer & solution

Correct answer: A

Section 6 of the CG Excise Act, 1915 saves the Sea Customs Act 1878, Indian Tariff Act 1894 and Cantonment Act 1910; it does not mention the NDPS Act, 1985.

96

Under Section 7 A of the Chhattisgarh Excise Act. 1915. the State Government is empowered to establish which authority for investigating into any case of alleged or suspected evasion of excise revenue?

  • aExcise Commissioner
  • bChief revenue authority
  • cFlying squads
  • dExcise collector
Answer & solution

Correct answer: C

Section 7A of the CG Excise Act, 1915 empowers the State Government to establish Flying Squads to investigate alleged or suspected evasion of excise revenue.

97

Whoever assaults or obstructs any excise officer exercising powers under the Chhattisgarh Excise Act. 1915 is liable to be published with imprisonment which may extend to_____ or with fine which may extend to two thousand rupees.

  • athree years
  • bfive years
  • cseven years
  • dtwo years
Answer & solution

Correct answer: D

Section 40A of the CG Excise Act, 1915 punishes assault/obstruction of an excise officer with imprisonment which may extend to two years or fine up to two thousand rupees, or both.

98

Which of the following powers is not vested with the appellate authority under section 49 (3) of Chhattisgarh Land Revenue Code?

  • aPower To vary the order appealed against
  • bPower to remand the case for disposal by Revenue Officer subordinate to it
  • cPower to reverse the order appealed against
  • dit Power to take additional evidence
Answer & solution

Correct answer: B

Under s.49(3) of the CG Land Revenue Code, 1959 (as amended 2003), the appellate authority may confirm, vary or reverse the order or take additional evidence, but shall NOT remand the case to a subordinate Revenue Officer.

99

Who is not a Revenue officer under Chhattisgarh Land Revenue Code?

  • aSettlement officer
  • bSuperintendents of Land Records
  • cNaib Tehsildars
  • dPachayat Secretary
Answer & solution

Correct answer: D

Under s.11 of the CG Land Revenue Code, 1959, Settlement Officers, Superintendents of Land Records and Naib Tehsildars are Revenue Officers; a Panchayat Secretary is not.

100

No appeal shall lie. under the provisions of Chhattisgarh Land Revenue Code, to the Board. after the expiration of_____ days from the date of the order to which objection is made.

  • a60
  • b30
  • c45
  • d90
Answer & solution

Correct answer: D

Under the appeal-limitation provision of the CG Land Revenue Code, 1959, no appeal to the Board lies after expiration of ninety days from the date of the order.

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