Chhattisgarh Judiciary — Prelims 2020

Correct answer: D

Section 27 of the Registration Act, 1908 ('Wills may be presented or deposited at any time') imposes no time limit; a Will may be presented for registration at any time, unlike the 4-month rule for other documents.

Correct answer: A

On re-registration under the Registration Act, the document is deemed duly registered for all purposes from the date of its original registration (relation-back), not from the date of re-registration.

Correct answer: A

Under Section 7(x)(a) of the Court-Fees Act, 1870, court fee in a suit for specific performance of a contract of sale is computed according to the amount of the consideration.

Correct answer: D

Section 19 of the Court-Fees Act, 1870 is titled 'Exemption of certain documents' (e.g. specified probate/administration documents), making (d) the most precise match.

Correct answer: C

Section 230 of the Chhattisgarh Land Revenue Code, 1959 provides for the appointment of Kotwars and their duties.

Correct answer: D

Section 11 of the CG Land Revenue Code lists revenue officers including Collector, Settlement Officer and Superintendent of Land Records; 'Revenue Inspector' is not among the classes of Revenue Officers.

Correct answer: C

Section 2(c) of the CG Land Revenue Code, 1959 defines 'agricultural year' as the year commencing on the 1st day of July.

Correct answer: C

Section 144 of the CG Land Revenue Code, 1959 provides for remission or suspension of land revenue on failure of crops.

Correct answer: C

Under Section 60 of the CG Land Revenue Code, on all lands on which assessment has not been made, the assessment of land revenue shall be made by the Collector in accordance with the rules.

Correct answer: B

Under the CG Excise Act, 1915 (s.4/declaration power), the State Government has power to declare what shall be deemed country liquor and foreign liquor.

Correct answer: C

Section 2 of the CG Excise Act, 1915 defines 'tari' as fermented or unfermented juice drawn from any kind of palm tree, i.e. both (a) and (b).

Correct answer: D

Section 45 of the CG Excise Act, 1915 provides enhanced punishment after previous conviction for offences under ss.34, 35, 36 etc.

Correct answer: C

Section 66 of the CG Excise Act, 1915 confers power on the State Government to exempt persons/intoxicants from the provisions of the Act (limitation of suits is s.68).

Correct answer: D

An offence under s.138 NI Act is compoundable under Section 147 of the Act notwithstanding the CrPC, irrespective of the cheque amount.

Correct answer: C

'A cheque in the electronic form' is defined in Explanation I, clause (a) of Section 6 of the Negotiable Instruments Act, 1881.

Correct answer: C

Section 138 NI Act prescribes imprisonment up to two years, or fine up to twice the amount of the cheque, or both.

Correct answer: B

Under Section 5 of the NI Act, a bill of exchange is an instrument containing an unconditional order directing a person to pay a certain sum of money.

Correct answer: C

Section 85A of the NI Act deals with drafts (demand drafts) drawn by one branch of a bank on another payable to order.

Correct answer: A

A suit for possession under Section 6 of the Specific Relief Act, 1963 must be filed within 6 months of dispossession (s.6(2)(a)).

Correct answer: C

Section 32 of the Specific Relief Act, 1963 provides for cancellation of an instrument in part ('what instruments may be partially cancelled').

Correct answer: C

Under Section 35 (Chapter VI) of the Specific Relief Act, 1963, a declaration is binding on the parties to the suit and persons claiming through them respectively, i.e. both.

Correct answer: C

Section 41 of the Specific Relief Act, 1963 enumerates the cases in which an injunction may be refused / cannot be granted.

Correct answer: B

Section 393 IPC punishes attempt to commit robbery (s.392 punishes robbery itself).

Correct answer: C

Section 82 IPC: nothing is an offence which is done by a child under seven years of age.

Correct answer: B

Section 350 IPC defines 'criminal force' (s.349 defines 'force'; s.351 defines 'assault').

Correct answer: A

IPC Section 489A punishes counterfeiting of currency notes or bank notes (489B = using forged notes; 489C = possession). The garbled options 'c' and 'd' are distractors.

Correct answer: C

Detaining a person despite a valid bail order keeps him wrongfully confined within fixed limits, constituting wrongful confinement (IPC Section 340, punishable u/s 342), not mere wrongful restraint.

Correct answer: A

IPC Section 354A (inserted by Criminal Law Amendment Act 2013) criminalises sexual harassment, including a demand or request for sexual favours.

Correct answer: D

IPC Section 376D prescribes punishment for gang rape (376A = death/persistent vegetative state; 376C = sexual intercourse by person in authority).

Correct answer: D

Section 499 IPC provides ten exceptions to the offence of defamation (e.g. imputation of truth for public good, public conduct of public servants, fair comment, etc.).

Correct answer: C

IPC Section 334 punishes voluntarily causing hurt on grave and sudden provocation; option 'c' lists Section 334.

Correct answer: B

IPC Section 426 is the general punishment for mischief; however the standard 'punishment for mischief' provision intended here is Section 426 (general) — Section 427 deals with mischief causing damage of fifty rupees or more. The basic punishment for mischief is Section 426.

Correct answer: A

Section 5 of the Transfer of Property Act 1882 defines 'transfer of property' as an act by which a living person conveys property to one or more living persons.

Correct answer: C

Under Section 122 read with Section 123 TPA, a gift requires acceptance during the lifetime of the donor and while he is capable of giving; if the donee dies before acceptance the gift is void.

Correct answer: B

Section 12 TPA (condition making interest determinable on insolvency or attempted transfer) does not apply to a lease where the condition is for the lessor's benefit on the lessee's insolvency/attempted assignment.

Correct answer: C

Lis pendens under Section 52 TPA applies even to a bona fide non-collusive suit; the suit need NOT be collusive — that is not an essential condition.

Correct answer: C

A wagering/contingent agreement to pay on marrying a particular woman is not a debt or beneficial interest in movable property and so is not an actionable claim under Section 3 TPA; provident fund and benefit of a contract are recognised actionable claims.

Correct answer: A

Article 137 of the Limitation Act 1963 (residuary article for applications) prescribes three years for any application for which no period of limitation is provided elsewhere.

Correct answer: B

Article 74 of the Limitation Act 1963 prescribes one year for a suit for compensation for malicious prosecution, from the date the plaintiff is acquitted/proceeding terminated.

Correct answer: C

There is no single starting point; under the Limitation Act the period runs from the cause of action/right to sue, which depends upon the circumstances of each case and the relevant Article in the Schedule.

Correct answer: D

Section 17 of the Limitation Act 1963 covers suits/applications based on fraud, mistake, and concealment of facts — postponing the start of limitation in all such cases.

Correct answer: D

Section 21 of the Limitation Act 1963 deals with the effect of substituting or adding a new plaintiff or defendant (suit deemed instituted against him when he is made a party).

Correct answer: B

Section 191 of the Indian Contract Act 1872 defines a 'sub-agent' as a person employed by, and acting under the control of, the original agent in the business of the agency.

Correct answer: C

Section 20 of the Indian Contract Act (mutual mistake of both parties as to a matter of fact essential to the agreement) renders the agreement void.

Correct answer: A

Section 124 of the Indian Contract Act 1872 defines a 'contract of indemnity' (Section 126 defines a contract of guarantee).

Correct answer: C

Section 24 of the Indian Contract Act makes an agreement void if any part of a single consideration for one or more objects is unlawful.

Correct answer: C

Section 128 of the Indian Contract Act 1872 provides that the liability of the surety is co-extensive with that of the principal debtor, unless otherwise provided by the contract.

Correct answer: C

Under the Chhattisgarh Rent Control Act 2011, for every district the State Government appoints as Rent Controller an officer not below the rank of a Deputy Collector.

Correct answer: A

Every tenant under the Chhattisgarh Rent Control Act 2011 has the rights set out in Schedule 1 (landlord's rights are in Schedule 2); the Tribunal and Rent Controller must secure these tenant rights.

Correct answer: C

Section 2(4) of the Chhattisgarh Rent Control Act 2011 defines 'habitual defaulter' as a tenant who, in a period of 12 months, on three or more occasions fails to pay rent/dues in full by the due date.

Correct answer: D

Under Section 17 of the Registration Act 1908, gift deeds of immovable property are compulsorily registrable. A Will (Sec 18) and adoption deed registration are optional; a debenture is exempt.

Correct answer: B

Section 17 of the Registration Act 1908 enumerates documents of which registration is compulsory.

Correct answer: A

Estoppel (Sec 115 Evidence Act) bars a person who has by declaration/act/omission caused another to believe a thing and act on it from later denying that fact — i.e., prohibition from proving a certain fact.

Correct answer: B

Under Section 90 of the Indian Evidence Act, for a document 30 years old produced from proper custody, the Court may presume (discretionary, not mandatory) its execution and signature.

Correct answer: B

Section 8 of the Evidence Act deals with motive, preparation and previous/subsequent conduct. 'Intention' is not separately listed in Section 8 (it falls under Section 14).

Correct answer: B

Section 124 of the Indian Evidence Act protects a public officer from being compelled to disclose communications made to him in official confidence. (Sec 123 deals with unpublished State affairs records.)

Correct answer: B

Section 23 (admissions in civil cases when relevant) is the only one not dealing with criminal matters; Sec 25 (confession to police), Sec 30 (confession affecting co-accused) and Sec 53 (good character in criminal cases) are all criminal provisions.

Correct answer: C

Section 85B/presumption provisions read with the rules — under Section 90A (state amendment) and the scheme of the Act, the Court may presume a digital signature on an electronic record five years old produced from proper custody.

Correct answer: B

Secondary Evidence is defined in Section 63 of the Evidence Act, not Section 62 (which defines Primary Evidence). Hence the match in option (b) is incorrect.

Correct answer: D

The principle of Res Gestae is embodied in Section 6 of the Indian Evidence Act (facts forming part of the same transaction).

Correct answer: D

The Evidence Act expressly mentions oral, documentary, primary and secondary evidence, but does not expressly mention 'circumstantial evidence' as a defined category.

Correct answer: D

Under Section 75 of the Evidence Act, all documents other than public documents (Sec 74) are private documents.

Correct answer: D

A statement under Section 161 CrPC is recorded by a police officer during the course of investigation.

Correct answer: D

Trial before a Court of Session is governed by Sections 225 to 237 CrPC (Chapter XVIII).

Correct answer: C

Under Section 167(2) proviso, an Executive Magistrate may authorise detention of an accused for a term not exceeding 7 days in the aggregate.

Correct answer: B

Under Section 468(2)(b) CrPC, the period of limitation for taking cognizance of an offence punishable with imprisonment not exceeding one year is one year.

Correct answer: C

Under Section 145 CrPC (disputes as to immovable property likely to cause breach of peace), the Magistrate may direct a local investigation/inquiry; the related Sec 148 provides for local investigation. Among the options, Section 145 is the correct fit for directing local investigation.

Correct answer: C

Under Section 162(1) CrPC, a statement recorded under Section 161 (during investigation) shall not be signed by the person making it.

Correct answer: B

Under Section 160 CrPC, only the police officer making the investigation may require the attendance of a person as a witness.

Correct answer: C

Section 197 CrPC requires prior sanction for prosecution of Judges and public servants for acts done in discharge of official duty.

Correct answer: C

Under Section 315 CrPC, an accused person is a competent witness in his own defence (only on his own written request).

Correct answer: C

Under Section 190(2) CrPC, the Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance of offences under Section 190(1).

Correct answer: B

Under Section 261 CrPC, the High Court may empower a Magistrate of the second class to try specified offences summarily. (Sec 260 covers CJM/Metropolitan/first class Magistrates empowered to try summarily.)

Correct answer: C

Section 357C CrPC, inserted by the Criminal Law (Amendment) Act 2013, mandates free first-aid/medical treatment of victims (especially of sexual offences) by hospitals.

Correct answer: A

The two essential elements of an offence are mens rea and actus reus — i.e., a guilty mind (motive/intention) and a prohibited act; among the options, Motive and Act is correct.

Correct answer: C

Abduction under IPC s.362 applies to any person 'by force or deceitful means'; unlike kidnapping from lawful guardianship (s.361), there is no age limit, so the abducted may be minor or major.

Correct answer: A

Judicial Review is the essential safeguard ensuring Rule of Law and judicial independence, empowering courts to test executive/legislative action against the Constitution.

Correct answer: D

Article 25(1) makes freedom of conscience and free profession/practice of religion subject to public order, morality and health (and other Part III rights).

Correct answer: B

Under Article 321, the State Legislature (by law made by it) may provide for the exercise of additional functions by the State Public Service Commission.

Correct answer: D

The 7th Constitutional Amendment Act, 1956 added a proviso to Article 153 permitting appointment of the same person as Governor for two or more States.

Correct answer: A

Article 3 vests Parliament with the power to form new States and alter areas, boundaries or names of existing States.

Correct answer: B

OCR-broken: correct answer is the 42nd Amendment Act, 1976, which inserted 'unity and integrity of the Nation' in the Preamble. The option set lists a=41, b=44, d=43 with '42' missing; flagged as no valid option matches. (b) recorded as least-wrong placeholder.

Correct answer: B

The 44th Amendment (1978) deleted Art.19(1)(f) and Art.31; right to property is now only a legal/constitutional right under Article 300A, not a fundamental right.

Correct answer: A

Right to an adequate means of livelihood appears in Art.39(a) as a DPSP directed to citizens; but 'Right to adequate means of livelihood' is not framed as a guaranteed right in the DPSP chapter, making it the odd one out among the listed directive provisions.

Correct answer: A

Article 340 empowers the President to appoint a Commission to investigate the conditions of socially and educationally backward classes (Backward Classes Commission).

Correct answer: C

Under Article 108, a joint sitting of both Houses is presided over by the Speaker of the Lok Sabha.

Correct answer: C

Article 124(4) lays down the procedure for removal of a Supreme Court Judge by Presidential order after an address by both Houses on proved misbehaviour or incapacity.

Correct answer: C

Article 352 deals with the Proclamation of Emergency on grounds of war, external aggression or armed rebellion.

Correct answer: D

Under Section 79 CPC, in a suit by or against the Central Government the authority to be named as defendant is the Union of India.

Correct answer: D

Section 100 CPC (as amended in 1976) allows a second appeal to the High Court only where the case involves a substantial question of law.

Correct answer: B

Section 35A CPC caps compensatory costs for false or vexatious claims/defences at three thousand rupees (or the court's pecuniary jurisdiction, whichever is less).

Correct answer: C

Attachment before judgment is provided under Order 38 Rule 5 CPC.

Correct answer: C

Order V CPC deals with issue and service of summons to the defendant.

Correct answer: D

Under Order 6 Rule 17 CPC, pleadings may be amended at any stage, so amendment can be sought before the trial court, first appellate court or second appellate court.

Correct answer: C

Under the proviso to Order 21 Rule 48 CPC, attachment of salary in execution of a single decree can continue only for a maximum of 24 months.

Correct answer: D

A preliminary decree can be passed in suits for partition (O.20 R.18), for possession and mesne profits (O.20 R.12), and for dissolution of partnership/accounts (O.20 R.15); hence all of the above.

Correct answer: B

Under Order 39 Rule 2A read with s.94 CPC, detention in civil prison for disobedience or breach of an injunction shall not exceed three months.

Correct answer: B

Section 92 CPC governs suits relating to public charities (public charitable or religious trusts).

Correct answer: B

Under Order 22 Rule 6 CPC, where a party dies after conclusion of hearing but before judgment, the suit shall not abate notwithstanding the death.

Correct answer: A

Under Order 6 Rule 18 CPC, if a party who has obtained leave to amend does not amend within the time limited (or, if none fixed, within 14 days), he shall not amend without further leave of the court.