Chhattisgarh Judiciary — Prelims 2016

Correct answer: B

Under Sec 2(l) read with the First Schedule CrPC, a non-cognizable offence is one for which a police officer has no authority to arrest without a warrant.

Correct answer: D

Under Sec 25(3) CrPC, a police officer not below the rank of Inspector may be appointed Assistant Public Prosecutor, but no police officer who has taken part in the investigation may be so appointed in that case.

Correct answer: C

Under Sec 109 CrPC, security for good behaviour from suspected persons can be ordered for a period not exceeding one year (Sec 110 covers up to three years for habitual offenders).

Correct answer: B

In Youth Bar Association of India v. Union of India (2016) the Supreme Court directed that copies of FIRs be uploaded on police/State websites within 24 hours of registration (except sensitive cases).

Correct answer: A

Sec 304 CrPC provides for legal aid to an accused at State expense in trials before the Court of Session where the accused is not represented by a pleader.

Correct answer: A

Plea bargaining under Chapter XXIA (Sec 265A) CrPC is barred where the offence is punishable with imprisonment exceeding seven years; the closest correct option is that benefit is unavailable when punishment is not below 7 years.

Correct answer: D

Under Sec 262(2) CrPC, in a summary trial no sentence of imprisonment exceeding three months can be passed.

Correct answer: C

The limitation bar under Sec 468 CrPC applies only to offences punishable with imprisonment up to three years; it does not apply where the term of imprisonment exceeds three years.

Correct answer: D

The IPC was drafted by Lord Macaulay as Chairman of the First Law Commission (1834). Among the options the more precise and conventionally expected answer is Lord Macaulay, the principal draftsman.

Correct answer: D

Mens rea is not an ingredient of strict liability offences, where liability arises irrespective of mental state.

Correct answer: A

At the relevant time (2016), Sec 1 IPC expressly excepted the State of Jammu & Kashmir from the application of the Code.

Correct answer: A

Under Sec 82 IPC, nothing is an offence which is done by a child under seven years of age (doli incapax).

Correct answer: D

Under Sec 108/109 IPC, abetment of an abetment is itself abetment; since C committed the murder, A (abettor of abetment), B (abettor) and C (principal) are all liable.

Correct answer: A

Per Sec 375 IPC as it stood in 2016 (post-2013 amendment), sexual intercourse with a woman below 16 years is rape with or without consent (sixthly clause).

Correct answer: B

The Criminal Law (Amendment) Act 2013 inserted Sec 376D IPC dealing with gang rape.

Correct answer: A

In Suresh Kumar Koushal v. Naz Foundation (2014) the Supreme Court reversed the Delhi HC and upheld the constitutional validity of Sec 377 IPC (later overruled in 2018, but as of 2016 this was the position).

Correct answer: B

In Subramanian Swamy v. Union of India (2016) the Supreme Court upheld the constitutional validity of the criminal defamation provisions, Sections 499 and 500 IPC.

Correct answer: C

Under Sec 391 IPC, when five or more persons conjointly commit or attempt robbery, it amounts to dacoity.

Correct answer: A

Temporary injunctions are governed by Section 94/95 CPC read with Order XXXIX. The option pairing Section 95 with Order XXXIX is the correct one.

Correct answer: C

Under the proviso to Sec 60(1) CPC, certain properties (including negotiable instruments, books of account) are exempt from attachment; land is ordinarily attachable, so land is NOT among the exempt categories.

Correct answer: C

A garnishee is a debtor of the judgment-debtor; under Order XXI Rule 46A CPC the court may direct him to pay the decree-holder the debt due to the judgment-debtor.

Correct answer: A

Interlocutory orders are passed during the pendency of proceedings to keep matters in status quo or otherwise regulate the suit, and do not finally determine rights.

Correct answer: C

The question refers to Section 80 CPC, which requires a two-month prior notice for institution of a suit against the Government or a public officer.

Correct answer: D

Following the 1999 amendment to the CPC (proviso to Order XVII Rule 1), no adjournment shall be granted to a party more than three times during the hearing of the suit.

Correct answer: C

Under Sec 2(2) CPC a decree is the formal expression of an adjudication conclusively determining rights; it expressly excludes any order of dismissal for default.

Correct answer: A

Section 11 CPC embodies the doctrine of Res Judicata (a previously adjudicated matter cannot be re-litigated between the same parties); Res sub judice is Section 10.

Correct answer: C

A 'pauper suit' is a suit by an indigent person, governed by Order XXXIII CPC, who is unable to pay the requisite court fee.

Correct answer: B

Section 89 CPC (inserted in 1999/2002) provides for settlement of disputes outside court through arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation.

Correct answer: B

Transfer of a suit/proceeding from a court in one State to a court in another State can be ordered only by the Supreme Court under Section 25 CPC.

Correct answer: B

A second appeal under Section 100 CPC lies to the High Court, only on a substantial question of law.

Correct answer: B

GST was introduced by the Constitution (One Hundred and First Amendment) Act, 2016, which inserted Article 246A and 279A.

Correct answer: C

Article 14 guarantees both 'equality before the law' and 'equal protection of the laws' to all persons within the territory of India.

Correct answer: C

The Right to Education is in Article 21A (inserted by the 86th Amendment, 2002), making free and compulsory education for children aged 6-14 a fundamental right.

Correct answer: D

Under Article 74(1), the President may require the Council of Ministers to reconsider its advice, but is bound to act in accordance with the advice tendered after such reconsideration.

Correct answer: C

Under Article 123, an ordinance ceases to operate at the expiry of six weeks from the reassembly of Parliament (and earlier if a resolution disapproving it is passed).

Correct answer: A

Kesavananda Bharati v. State of Kerala (1973) propounded the Basic Structure doctrine, holding that Parliament cannot amend the basic structure of the Constitution.

Correct answer: A

The 'Full Faith and Credit' clause is in Article 261 of the Constitution, regarding public acts, records and judicial proceedings.

Correct answer: B

Under Article 316, the Chairman and members of the UPSC are appointed by the President of India.

Correct answer: C

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

Correct answer: A

Mandamus ('we command') is issued to direct a public authority/official to perform a public duty that it has failed to perform.

Correct answer: B

Amendment of the Constitution is made under Article 368, which lays down the procedure and power of Parliament to amend.

Correct answer: D

High Courts exercise writ (Art. 226), original and appellate jurisdiction, but not advisory jurisdiction; advisory jurisdiction belongs to the Supreme Court under Article 143.

Correct answer: C

Article 393 is the short title provision: 'This Constitution may be called the Constitution of India.'

Correct answer: C

Financial emergency provisions are laid down in Article 360 of the Constitution.

Correct answer: B

Under Article 359 (as amended by the 44th Amendment), the rights under Articles 20 and 21 cannot be suspended during a proclamation of emergency.

Correct answer: A

Provisions for Administrative Tribunals (Articles 323A and 323B) were added by the 42nd Constitutional Amendment Act, 1976.

Correct answer: D

Rajasthani is NOT in the Eighth Schedule; Nepali, Sanskrit and Maithili are all listed scheduled languages.

Correct answer: D

Section 2(h) of the Indian Contract Act, 1872 defines a contract as 'an agreement enforceable by law.'

Correct answer: B

Under Section 185 of the Indian Contract Act, no consideration is necessary to create an agency.

Correct answer: B

Under the doctrine of quasi-contract (Section 70, Indian Contract Act), where B enjoys the benefit of goods lawfully delivered (not as a gift) and treats them as his own, B is bound to compensate/pay A.

Correct answer: B

A contract of insurance (except life insurance) is a contract of indemnity, where the insurer indemnifies the insured against actual loss suffered; principle settled under the Indian Contract Act, 1872 (s.124 indemnity).

Correct answer: B

Under s.194 of the Indian Contract Act, 1872, an agent appointed by an existing agent with the express or implied authority of the principal to act for the principal is a 'substituted agent', not a sub-agent.

Correct answer: B

A del credere agent is a kind of mercantile agent who, for extra commission, guarantees performance/payment by the third party with whom he deals on the principal's behalf.

Correct answer: C

A 'condition' is a stipulation essential to the main purpose of the contract, breach of which gives the right to repudiate; a warranty is collateral (Sale of Goods Act, 1930, s.12).

Correct answer: B

Acceptance of a lesser sum in full satisfaction of a larger debt is 'remission' under s.63 of the Indian Contract Act, 1872 (promisee may dispense with or remit performance).

Correct answer: B

The Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 inserted Chapter XVII (ss.138-142) into the NI Act, 1881, penalising dishonour of cheque for insufficiency of funds.

Correct answer: D

A bank draft is a bill of exchange drawn by one bank on another (or on its own branch) payable on demand; it is a negotiable instrument in the nature of a bill of exchange.

Correct answer: B

An inchoate (incomplete) instrument under s.20 of the NI Act, 1881 is a signed but incomplete/blank negotiable instrument which the holder is authorised to complete.

Correct answer: B

Under proviso (b) to s.138 of the NI Act, 1881 (as amended in 2002), the payee must issue notice within 30 days of receipt of information of dishonour from the bank.

Correct answer: A

Under s.3 of the Evidence Act, 1872, 'evidence' means oral statements of witnesses and documents (including electronic records) produced for inspection; an affidavit is not 'evidence' as it is not tested by cross-examination.

Correct answer: D

The testimony of a hostile witness is not wholly effaced; it is to be considered with caution and the credible part may be relied upon if corroborated by other evidence.

Correct answer: A

An FIR is not substantive evidence; it can only be used to corroborate (s.157) or contradict (s.145) its maker under the Evidence Act, 1872.

Correct answer: C

Under s.31 of the Evidence Act, 1872, admissions are not conclusive proof of the matters admitted but may operate as estoppel.

Correct answer: D

In Polanski v Conde Nast Publications Ltd [2005] UKHL 10, the House of Lords permitted the claimant (a fugitive) to give evidence by video-conference link.

Correct answer: D

Character evidence is relevant in both civil cases (ss.52-55) and criminal cases (ss.53-54) under the Evidence Act, 1872, though its relevance and weight differ.

Correct answer: A

Sections 65A and 65B were inserted into the Evidence Act, 1872 by the Information Technology Act, 2000 to deal with admissibility of electronic records.

Correct answer: B

In an election petition the burden of proof lies on the petitioner who challenges the election, as he asserts the facts vitiating it (s.101 Evidence Act; Representation of the People Act).

Correct answer: C

Section 113-B of the Evidence Act, 1872 deals with the presumption as to dowry death. (Section 113-A deals with abetment of suicide by a married woman.)

Correct answer: B

Under s.112 of the Evidence Act, 1872, birth during a valid marriage is conclusive proof of legitimacy unless non-access is shown; among the given options, 'may be presumed to be a legitimate child' is the most appropriate.

Correct answer: D

Under s.3 of the Transfer of Property Act, 1882, 'immovable property' does not include standing timber, growing crops or grass.

Correct answer: B

Under s.3 of the Transfer of Property Act, 1882, an actionable claim is a claim to an unsecured debt or to beneficial interest in movable property NOT in the claimant's possession; beneficial interest in movables already in the claimant's possession is therefore not an actionable claim.

Correct answer: C

The rule against perpetuity (s.14, Transfer of Property Act, 1882) applies to transfers of both movable and immovable property.

Correct answer: B

Section 53A of the Transfer of Property Act, 1882 embodies the doctrine of part performance, protecting a transferee in possession under an unregistered written contract of sale.

Correct answer: C

Where the mortgagor delivers possession and authorises the mortgagee to retain it and receive rents/profits in lieu of interest/principal until repayment, it is a usufructuary mortgage under s.58(d), Transfer of Property Act, 1882.

Correct answer: A

An equitable mortgage (mortgage by deposit of title deeds) under s.58(f) of the Transfer of Property Act, 1882 can be created without any writing, merely by deposit of title deeds with intent to create security.

Correct answer: C

A lease (s.105 TPA) is a transfer of a right to enjoy immovable property for consideration of a price paid/promised or rent; a sale (s.54) transfers ownership, not merely the right to enjoy. Hence transfer of right to enjoy for a price is a lease.

Correct answer: D

The Transfer of Property Act governs transfer of immovable property and certain movables (gift, exchange, lease). 'Sale of goods' (movable goods) is governed by the Sale of Goods Act, 1930, not the TPA.

Correct answer: C

Section 41 TPA (ostensible owner): where a person transfers for consideration by an ostensible owner with consent of the real owner, the transfer is not voidable provided the transferee acted in good faith after reasonable care.

Correct answer: B

Section 6 TPA lists what cannot be transferred; clause 6(a) bars transfer of a 'chance of an heir-apparent succeeding to an estate' (spes successionis).

Correct answer: A

Under s.6 of the Limitation Act, 1963, during a legal disability (minor, insane, idiot) time does not run; the period of limitation remains suspended and the person may sue within the prescribed period after the disability ceases.

Correct answer: D

Section 10 of the Limitation Act, 1963 provides that no period of limitation applies to suits against a trustee (or his representatives) to follow trust property or its proceeds vested in them for a specific purpose.

Correct answer: B

Section 18 of the Limitation Act, 1963: a written acknowledgment of liability signed before expiry of the limitation period starts a fresh period of limitation from the date of the acknowledgment.

Correct answer: A

Under s.17 of the Registration Act, 1908, a gift deed (instrument of gift) of immovable property requires compulsory registration; a will and a lease below one year are not compulsorily registrable.

Correct answer: D

Section 28 of the Registration Act requires a document relating to immovable property to be presented for registration in the office of the Sub-Registrar within whose sub-district the property or some portion of it is situated.

Correct answer: A

Section 32 of the Registration Act requires that, except as provided (s.31, 33, 88, 89), every document be presented for registration by a person executing/claiming under it, who must remain/appear present in person (or by duly authorised agent).

Correct answer: B

Section 6(2) of the Specific Relief Act, 1963 bars a suit for recovery of possession under that section after expiry of six months from the date of dispossession.

Correct answer: B

Under s.14 of the Specific Relief Act, specific performance is not enforced where compensation in money is an adequate relief; equity grants specific performance only when damages are inadequate.

Correct answer: A

Section 26 of the Specific Relief Act, 1963 allows rectification of an instrument that, through fraud or mutual mistake, fails to express the parties' real intention. Of the options, cancellation (s.31) is the closest available remedy; rescission/ratification do not fit. Best fit among options is cancellation of instrument.

Correct answer: A

In a suit for recovery of arrears of maintenance, court fee is computed on the amount of arrears actually claimed (the amount of the relief sought), not on the total/future maintenance.

Correct answer: A

Where a court refers parties to one of the s.89 CPC ADR processes, the plaintiff is entitled to a refund of the court fee paid (s.16, Court Fees Act, 1870), but not interest.

Correct answer: C

Under s.2 of the Chhattisgarh Rent Control Act, 2011, 'accommodation' includes open space, garden, garage etc. but only of land NOT used for agricultural purposes; agricultural land is excluded.

Correct answer: D

As enacted (2011/2012), s.6 of the Chhattisgarh Rent Control Act provided the Chairman of the Rent Control Tribunal to be a serving/retired District Judge not below the rank of Super Time Scale (a retired HC judge alternative was added by the 2020 amendment, after this 2016 paper).

Correct answer: A

Section 12 of the Chhattisgarh Rent Control Act, 2011 sets out the rights and obligations of landlords and tenants.

Correct answer: A

Under s.44 read with the limitation provision (s.47) of the Chhattisgarh Land Revenue Code, 1959, the period of limitation for an appeal from an order of the Collector to the Commissioner is 60 days.

Correct answer: A

Under the Chhattisgarh Land Revenue Code, 1959, the power to make rules for the preparation, maintenance and revision of land records (record-of-rights) vests in the State Government, the general rule-making authority under the Code.

Correct answer: C

Section 247 of the Chhattisgarh Land Revenue Code (as amended) provides that one who unlawfully extracts/removes minerals from a mine vesting in Government is liable to penalty up to double the market value, subject to a minimum of Rs. 25,000.

Correct answer: D

Section 2(8) of the Chhattisgarh Excise Act, 1915 defines 'excise revenue' to include duty, fee, tax, penalty, payment or confiscation, but expressly excludes a fine imposed by a Court of law.

Correct answer: B

Under ss.7-8 of the Chhattisgarh Excise Act, 1915, import, export and transport of intoxicants are not prohibited but permitted under a pass (subject to duty/conditions).

Correct answer: D

Section 23A of the Chhattisgarh Excise Act defines 'advertisement' broadly (notice, circular, oral announcement etc.) but sub-section (3) excludes catalogues/price-lists displayed at licensed liquor vends.

Correct answer: B

For offences relating to import/sale/manufacture of liquor unfit for human consumption (s.49-A), the Chhattisgarh Excise Act bars courts from entertaining any application for anticipatory bail.