Chhattisgarh Judiciary — Prelims 2017

Correct answer: B

Article 13 'law' includes Ordinance, order, bye-law, rule, regulation, notification, custom or usage having force of law; a mere Government Circular (administrative instruction) is not 'law' under Art. 13(3)(a).

Correct answer: A

Double Jeopardy (Art. 20(2)) means no person shall be prosecuted and punished for the same offence more than once. Option (b) is self-incrimination, (c) is ex post facto, (d) is due process.

Correct answer: C

Article 30 of the Constitution confers the right of minorities to establish and administer educational institutions of their choice.

Correct answer: D

The statement that the Supreme Court has no original jurisdiction is incorrect; Article 131 expressly confers original jurisdiction in Centre-State and inter-State disputes.

Correct answer: A

Article 39A (a Directive Principle inserted by the 42nd Amendment) provides for equal justice and free legal aid.

Correct answer: C

Under Article 79, Parliament consists of the President and the two Houses - the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Correct answer: C

Certiorari is issued to quash an order of an inferior court or quasi-judicial body passed without/in excess of jurisdiction or in breach of natural justice. (b) is habeas corpus, (d) is mandamus, (a) is quo warranto territory.

Correct answer: A

Fundamental duty under Article 51A includes safeguarding public property and abjuring violence (51A(i)). Options (b), (c), (d) are Directive Principles, not fundamental duties.

Correct answer: B

In Laxmi v. Union of India, the Supreme Court issued directions in favour of acid attack victims (regulation of acid sale, minimum Rs. 3 lakh compensation, free treatment).

Correct answer: B

The Constitution (97th Amendment) Act, 2011 added Part IX-B on co-operative societies and inserted Art. 19(1)(c) protection and Art. 43B.

Correct answer: D

The NJAC was struck down as unconstitutional in Supreme Court Advocates-on-Record Association v. Union of India (2015), the Fourth Judges Case.

Correct answer: B

Under Article 356(3), a proclamation of President's rule, unless approved by both Houses, ceases to operate at the expiration of two months.

Correct answer: C

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

Correct answer: B

The Constitution of India currently has 12 Schedules (originally 8; the 9th, 10th, 11th and 12th were added by amendments).

Correct answer: A

Section 57 IPC provides that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

Correct answer: C

In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court held that mere criticism or comments on the government do not amount to sedition under Section 124A IPC; only incitement to violence/disorder does.

Correct answer: B

In Shyam Narayan Chouksey v. Union of India, the Supreme Court (2016 interim order) directed that the National Anthem be played in cinema halls before films.

Correct answer: C

The 'rarest of rare' doctrine for awarding the death sentence was evolved in Bachan Singh v. State of Punjab (1980).

Correct answer: D

Finding property and dishonestly appropriating it knowing the owner can be found constitutes dishonest misappropriation of property under Section 403 IPC (Illustration to Sec. 403).

Correct answer: B

Monitoring a woman's use of internet, email or any other electronic communication is stalking under Section 354D IPC.

Correct answer: A

Section 166B IPC punishes the person in charge of a hospital (public or private) who contravenes Sec. 357C CrPC by not providing treatment to victims (of acid attack/rape etc.).

Correct answer: B

Preventing a person from proceeding in any direction beyond a circumscribing limit is wrongful confinement under Section 340 IPC (the walled-space illustration). Wrongful restraint (Sec. 339) is obstruction in a particular direction only.

Correct answer: B

Section 376D IPC relates to gang rape.

Correct answer: B

Section 303 CrPC gives the accused the right to be defended by a pleader of his choice. (Section 304 is legal aid at State expense.)

Correct answer: A

In D.K. Basu v. State of West Bengal (1997), the Supreme Court enumerated the rights of an arrested person and laid down custodial-arrest guidelines. Option (a) 'E.K. Basu' is an OCR error for D.K. Basu.

Correct answer: C

The report of a police officer on completion of investigation under Section 173 CrPC is the police report, commonly known as the charge sheet.

Correct answer: C

Under Section 265A CrPC, plea bargaining does not apply to offences punishable with death, life imprisonment or imprisonment exceeding seven years; among the options, life imprisonment is excluded.

Correct answer: A

The CrPC (Amendment) Act, 2008 inserted Section 357A, introducing the Victim Compensation Scheme (and the definition of 'victim' in Section 2(wa)). Plea bargaining was introduced earlier by the 2005 amendment.

Correct answer: C

Section 167(2) CrPC permits detention beyond 15 days up to a total of 90 days for offences punishable with death, life imprisonment, or imprisonment of 10 years or more; 90 is the maximum period stated.

Correct answer: B

Under Section 468(2) CrPC, the bar of limitation for an offence punishable with imprisonment for a term not exceeding one year is one year.

Correct answer: C

Under Section 432 CrPC, the power to suspend or remit a sentence is vested in the appropriate Government.

Correct answer: A

In State of Haryana v. Ram Mehar (2016), the Supreme Court held that recall of witnesses under Section 311 CrPC cannot be permitted endlessly on the pretext of fair trial.

Correct answer: B

Compounding of offences is provided under Section 320 CrPC.

Correct answer: D

Under Section 395 CrPC, a subordinate court may state a case and refer it to the High Court, which entertains the reference.

Correct answer: C

Section 6 of the Indian Evidence Act makes relevant facts forming part of the same transaction, embodying the doctrine of res gestae.

Correct answer: B

Under Section 3 of the Evidence Act, 'evidence' means oral and documentary evidence; an affidavit is generally not 'evidence' within this definition (it cannot be read as evidence unless permitted by law/court). Documents and electronic records produced for inspection are documentary evidence.

Correct answer: B

A confession of a co-accused (Section 30, Evidence Act) is treated as a weak type of evidence; it can only be taken into consideration to lend assurance and cannot by itself form the basis of conviction.

Correct answer: C

Expert opinion under Section 45 of the Evidence Act is only advisory and is NOT binding on the court; hence the statement that it is binding is incorrect.

Correct answer: A

Presumption as to dowry death is provided under Section 113B of the Indian Evidence Act.

Correct answer: D

The principle of estoppel by representation was clearly framed in Pickard v. Sears (1837).

Correct answer: B

Under the proviso to Section 126 of the Evidence Act, communications made in furtherance of an illegal purpose (such as obtaining property by a forged deed) are NOT protected from disclosure.

Correct answer: C

In Indra Dalal v. State of Haryana (2015), the Supreme Court summarised and reiterated the rule of inadmissibility of confessions made to a police officer (Sections 25-26, Evidence Act).

Correct answer: D

Section 134 of the Evidence Act provides that no particular number of witnesses is required to prove any fact. Option (d) (presumably 'No particular number is required') is correct, but option (d) text is missing/truncated in the OCR; among visible options none is correct, so best answer is the standard 'no minimum number' choice (d).

Correct answer: A

Raju Devade (Davade) v. State of Maharashtra (2016) concerned the reliability of multiple dying declarations, i.e., it deals with dying declaration.

Correct answer: C

A decision given in ignorance of a statute or a rule having statutory effect is a decision 'sub silentio' and is not a binding precedent (per incuriam/sub silentio doctrine).

Correct answer: C

A plea by which the respondent admits the facts but contends they are legally insufficient is a demurrer; hence a plea for demurrer.

Correct answer: A

Under Order VI Rule 1 CPC, 'pleading' means plaint or written statement; pleadings consist of the plaint and the written statement.

Correct answer: A

Temporary injunctions are governed by Section 94/95 read with Order XXXIX of the CPC; among the options, Section 95 read with Order XXXIX is correct.

Correct answer: C

Under Order I Rule 9 CPC, no suit shall be defeated by reason of mis-joinder or non-joinder of parties (except non-joinder of a necessary party); generally non-joinder does not by itself cause dismissal, the suit continues. (Note: non-joinder of a necessary party can be fatal, but the Code's general rule favours continuation.)

Correct answer: C

Under the proviso to Section 56 CPC, a woman cannot be arrested or detained in civil prison in execution of a decree for the payment of money.

Correct answer: C

A garnishee order (Order XXI Rule 46A CPC) is the process by which a decree-holder recovers money/property of the judgment-debtor lying in the hands of a third party (garnishee).

Correct answer: D

In Bajaj Auto Ltd. v. TVS Motor Co. the Supreme Court (applying Order XVII CPC) directed that once the hearing of a suit (IPR matters) commences it has to be continued from day to day and disposed of expeditiously.

Correct answer: C

Under Section 60(1) proviso CPC, money payable under a policy of insurance on the life of the judgment-debtor is exempt from attachment and sale; land, money, cheques and shares are attachable.

Correct answer: B

Section 80 CPC requires a two-month prior statutory notice before instituting a suit against the Government or a public officer in respect of acts done in official capacity.

Correct answer: A

Union of India v. Diler Singh (2016) held that a High Court cannot decide a second appeal without framing a substantial question of law under Section 100 CPC; the case deals with second appeal.

Correct answer: B

Section 151 CPC preserves the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of process.

Correct answer: C

A standing (or continuing) offer is one kept open for acceptance over a period of time, accepted from time to time by placing orders (e.g., tenders); each order is a separate acceptance.

Correct answer: D

An agreement with a minor is void ab initio (Mohori Bibee v. Dharmodas Ghose), cannot be ratified, and estoppel does not apply; but a minor can act as an agent (Section 184 Contract Act) binding the principal to third parties.

Correct answer: D

Section 56 (frustration/supervening impossibility) does not apply to mere difficulty or commercial hardship in performance; the contract is discharged only on true impossibility, not difficulty of performance.

Correct answer: C

A contract to perform the promise or discharge the liability of a third person in case of his default is a contract of guarantee (Section 126 Indian Contract Act).

Correct answer: D

By accepting interest on the money, B ratifies the unauthorised act of lending; this is agency/ratification by subsequent acceptance (Section 196 Indian Contract Act).

Correct answer: C

Entores Ltd. v. Miles Far East Corporation [1955] held that for instantaneous communication (telephone/telex) a contract is complete only when acceptance is received by the offeror.

Correct answer: D

In Central Inland Water Transport Corp. Ltd. v. Brojo Nath Ganguly (1986) the Supreme Court struck down Rule 9(i) allowing termination of a permanent employee on three months' notice as unconscionable and opposed to public policy under Section 23.

Correct answer: B

The responsibilities of a finder of goods are dealt with as a quasi-contract (Sections 71 and 168-169, Chapter V 'certain relations resembling those created by contract', Indian Contract Act).

Correct answer: A

Sasan Power Ltd. v. North American Coal Corp India Pvt. Ltd. (2016) is the 2016 Supreme Court decision addressing assignment of a contract, recognising that rights under a contract may be assigned but the burden/obligations cannot be transferred without consent (assignor remains liable).

Correct answer: D

Under Section 6(g) Transfer of Property Act, a stipend/pension and the right to future maintenance are not transferable; future property, movables and immovables are transferable.

Correct answer: A

Section 67 of the Transfer of Property Act confers the mortgagee's right of foreclosure or sale; a suit under it is a suit for foreclosure or sale.

Correct answer: B

Section 14 of the Transfer of Property Act embodies the rule against perpetuity, limiting the postponement of vesting beyond the life of the last preceding interest plus minority of the ultimate beneficiary.

Correct answer: C

'Spes successionis' is the mere chance of an heir-apparent succeeding to an estate; under Section 6(a) Transfer of Property Act such a chance cannot be transferred.

Correct answer: A

An English mortgage (Section 58(e) TPA) is where the mortgagor binds himself to repay on a certain date and transfers the property absolutely to the mortgagee subject to a proviso for re-transfer on repayment.

Correct answer: D

Under Section 130 of the Transfer of Property Act, the transfer of an actionable claim, whether with or without consideration, must be effected only by execution of an instrument in writing.

Correct answer: B

The principle 'once a mortgage, always a mortgage' (Stanley v. Wilde) was recognised by the Supreme Court in Mrutunjay Pani v. Narmada Bala Sasmal (option (b), OCR-garbled as 'Mrityunjay Pane v. Narmada Bake Sasural').

Correct answer: A

In Embassy Hotels (P) Ltd. v. Gajaraj & Co. (2015) the Supreme Court held that the mortgagor's right of redemption stands extinguished once the mortgaged property is sold in a court auction (proviso to Section 60 TPA).

Correct answer: C

An unconditional written undertaking signed by the maker to pay a certain sum to a certain person on demand is a promissory note (Section 4 Negotiable Instruments Act).

Correct answer: D

Under Section 9 NI Act, a holder in due course is a person who, for consideration, becomes the possessor of a negotiable instrument payable to bearer (or the payee/indorsee) before maturity and without notice of any defect in title; option (d) describes this.

Correct answer: C

In Bridgestone India Pvt. Ltd. v. Inderpal Singh (2016), the Supreme Court held that after the 2015 NI Act amendment a Section 138 complaint can be filed where the cheque is delivered/lodged for collection (payee's bank), not where it was issued/drawn.

Correct answer: C

Under Section 2(1) of the CG Accommodation (Rent) Control Act, 'accommodation' includes garden, garage and open space appurtenant to a building, but expressly excludes agricultural land.

Correct answer: D

Under the CG/MP Accommodation Control Act, the Chairman of the Rent Control Tribunal is appointed by the State Government in consultation with the High Court.

Correct answer: B

An appeal against an order of the Rent Control Tribunal lies to the High Court.

Correct answer: C

Section 23 of the Chhattisgarh/MP Excise Act prohibits sale of any intoxicant without a licence; no liquor may be sold except under and in accordance with a licence.

Correct answer: A

Flagged: the enhanced second-conviction fine for drinking liquor in a public place under the CG Excise Act is a state-specific figure not reliably verifiable from public Bare-Act text. Best guess Rs. 2,000 as the minimum fine on a second/repeat conviction.

Correct answer: D

Option text is OCR-broken ('non-billable' = non-bailable). Importing/possessing liquor unfit for human consumption (noxious liquor endangering life) is the grave offence treated as non-bailable under the CG Excise Act; best guess (d).

Correct answer: B

Under the CG Land Revenue Code, the power to propose fixation of assessment (revenue) rates vests in the Settlement Officer during settlement operations.

Correct answer: D

Flagged: this refers to penalty for unauthorised cutting/removal (theft) of trees/produce under the 2011 amendment to the CG Land Revenue Code; the exact ceiling is state-specific and not reliably verifiable. Best guess Rs. 25,000 as the maximum penalty.

Correct answer: A

Under the Limitation Act, a suit by a beneficiary against an express trustee to follow trust property is not barred by limitation (Section 10); trustee suits are excepted from the period of limitation.

Correct answer: D

Under Section 22 of the Limitation Act, in case of a continuing breach of contract a fresh period of limitation begins to run at every moment the breach continues.

Correct answer: C

Under Section 15 of the Indian Easements Act / Section 25 Limitation Act, an easement of light, air or way is acquired by peaceable, open enjoyment as of right without interruption for 20 years.

Correct answer: D

Under Section 25 of the Court Fees Act, court fees are collected by means of stamps (impressed or adhesive).

Correct answer: A

Section 7 of the Court Fees Act lays down the mode of computation of fees payable in suits of various kinds.

Correct answer: A

In A.P. Power Coordination Committee v. Lanco Kondapalli Power Ltd. (2016), the Supreme Court applied Section 14 of the Limitation Act, holding that time spent bona fide prosecuting a claim before a forum lacking jurisdiction is to be excluded in computing limitation. (Sundaram Finance v. Noorjahan Beevi (2016) instead concerned accrual of cause of action.)

Correct answer: B

Under Section 17 of the Registration Act, a gift deed of immovable property is compulsorily registrable; a will, a lease for less than one year, and a mere receipt are not (will is optional under Section 18).

Correct answer: C

Under Section 23 of the Registration Act, every document other than a will must be presented for registration within four months from the date of its execution.

Correct answer: C

Under Section 85 of the Registration Act, documents (other than wills) remaining unclaimed in a registration office for more than two years may be destroyed.

Correct answer: A

In Satya Pal Anand v. State of M.P. (2016), the Supreme Court held that the registering officer under Section 35 of the Registration Act performs a purely administrative function and cannot enquire into the title of the person presenting the document.

Correct answer: A

Statement (a) is NOT correct: the Registration Act does not make registration refusable merely because a duplicate copy is not filed; refusal grounds are limited (Sections 19-22, 32, 35). The other statements correctly state the law.

Correct answer: C

Under Section 14 of the Specific Relief Act, a contract for which compensation in money is an adequate relief cannot be specifically enforced; this is a correct statement (option a, b and d are incorrect).

Correct answer: C

A contract for personal services (a singer's performance) is not specifically enforceable (Section 14, Specific Relief Act); on breach B's remedy is to claim damages.

Correct answer: B

Under Sections 26-27 of the Specific Relief Act, where a written instrument does not express the real intention of the parties due to fraud or mutual mistake, either party may sue for rectification of the instrument.

Correct answer: D

Issuance of a writ is a constitutional remedy under Articles 32/226, not a relief available under the Specific Relief Act; declaratory decrees, cancellation of instruments and perpetual injunctions are.

Correct answer: A

Section 10 of the Specific Relief Act provides for the cases in which specific performance of a contract is enforceable.