Delhi Judiciary Mock Test 6 — Questions & Solutions
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The Latin maxim 'ignorantia juris non excusat' embodies which legal principle?
aIgnorance of fact is an excuse
bEquity follows the law
cIgnorance of law is no excuse
dThe law presumes innocence
Answer: C
'Ignorantia juris non excusat' means ignorance of the law is no excuse; a person cannot escape liability merely by pleading that he was unaware of the law.
With effect from 1st July 2024, the Indian Penal Code, 1860 stood repealed and replaced by a new substantive criminal code. The new code is known as:
aBharatiya Sakshya Adhiniyam, 2023
bBharatiya Nagarik Suraksha Sanhita, 2023
cBharatiya Nyaya Sanhita, 2023
dBharatiya Danda Sanhita, 2023
Answer: C
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 and replaced the IPC, 1860. The Bharatiya Nagarik Suraksha Sanhita replaced the CrPC and the Bharatiya Sakshya Adhiniyam replaced the Evidence Act.
The maxim 'actus non facit reum nisi mens sit rea' embodies which fundamental principle of criminal liability?
aA person is presumed innocent until proven guilty
bAn act does not make a person guilty unless it is accompanied by a guilty mind
cAn act alone, without more, is always sufficient to constitute a crime
dNo person shall be tried twice for the same offence
Answer: B
The maxim translates as 'an act does not make one guilty unless the mind is also guilty', requiring both actus reus (the physical act) and mens rea (the guilty intention) for criminal liability.
In a certain code, 'COURT' is written as 'DPVSU'. Following the same rule, how will 'JUDGE' be written?
aIVCHD
bKVEHF
cKWEHF
dKVDHF
Answer: B
Each letter is shifted forward by one position in the alphabet (C to D, O to P, etc.). Applying the same shift to JUDGE gives K, V, E, H, F, i.e. 'KVEHF'.
Choose the option that most nearly expresses the meaning of the legal term 'ESTOPPEL':
aA binding precedent set by a superior court
bA bar preventing a person from asserting something contrary to what is implied by a previous act or statement
cA formal pardon granted by the executive
dA delay that defeats a legal claim by lapse of time
Answer: B
Estoppel is a rule of evidence that precludes a person from denying or asserting a fact contrary to their own earlier representation, on which another has relied. Option (d) describes limitation/laches, not estoppel.
The three new criminal laws, including the Bharatiya Nyaya Sanhita, 2023 which replaced the Indian Penal Code, 1860, came into force throughout India with effect from:
a15th August 2024
b26th January 2024
c25th December 2023
d1st July 2024
Answer: D
The Bharatiya Nyaya Sanhita, 2023 (along with the BNSS and the BSA) was brought into force on 1st July 2024, replacing the IPC of 1860 which had governed criminal conduct for over 163 years.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado, who is associated with the pro-democracy movement of which country?
aVenezuela
bMyanmar
cBelarus
dIran
Answer: A
Venezuelan opposition leader Maria Corina Machado received the 2025 Nobel Peace Prize for promoting democratic rights and a peaceful transition to democracy in Venezuela.
The Constitution (104th Amendment) Act, 2019 brought about two changes effective from 25th January 2020. Which of the following correctly states one of them?
aIt extended reservation of seats for Anglo-Indians for another ten years
bIt introduced reservation for women in the Lok Sabha
cIt abolished reservation of seats for Scheduled Castes and Scheduled Tribes
dIt abolished the nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies
Answer: D
The 104th Amendment discontinued the reserved (nominated) representation of the Anglo-Indian community in the Lok Sabha and the State Legislative Assemblies, while extending SC/ST seat reservation up to 2030.
If elevated as per the present order of seniority, which sitting judge of the Supreme Court is expected to become the first woman Chief Justice of India in 2027?
aJustice Bela M. Trivedi
bJustice Hima Kohli
cJustice B.V. Nagarathna
dJustice Indira Banerjee
Answer: C
Justice B.V. Nagarathna is in line to become India's first woman Chief Justice of India in 2027; she is the daughter of former CJI E.S. Venkataramiah.
The maxim 'actus non facit reum nisi mens sit rea' conveys which of the following principles of criminal law?
aA man is presumed innocent until proven guilty
bIgnorance of law is no excuse
cAn act does not make a person guilty unless accompanied by a guilty mind
dAn act alone is sufficient to constitute a crime
Answer: C
The maxim requires both a wrongful act (actus reus) and a guilty mind (mens rea); a mere act without the requisite criminal intent does not generally constitute an offence.
In jurisprudence, the theory that law is 'the command of the sovereign backed by sanction' is most closely associated with:
aFriedrich Karl von Savigny
bHans Kelsen
cRoscoe Pound
dJohn Austin
Answer: D
John Austin's analytical/positivist theory defines law as the command of a determinate sovereign enforced by sanction; Pound is known for sociological jurisprudence, Savigny for the historical school, and Kelsen for the Pure Theory of Law.
Select the option that correctly completes the analogy: 'Plaintiff : Defendant :: Appellant : ____'
aPetitioner
bWitness
cRespondent
dComplainant
Answer: C
Just as the defendant is the party opposed to the plaintiff in a suit, the respondent is the party against whom an appeal is preferred by the appellant.
In a certain code, 'COURT' is written as 'DPVSU'. Following the same rule, how will 'JUDGE' be written in that code?
aIVCHD
bKVEHF
cKWEIF
dKVHEF
Answer: B
Each letter is shifted one place forward in the alphabet (C to D, O to P, etc.); applying the same to J, U, D, G, E gives K, V, E, H, F, i.e., 'KVEHF'.
Choose the option that fills the blank with the grammatically correct word: 'The Bench observed that the evidence on record was not _____ to sustain a conviction.'
asufficed
bsufficing
csufficiently
dsufficient
Answer: D
After the linking verb 'was', an adjective is required to describe the evidence; 'sufficient' is the correct adjectival form, whereas 'sufficiently' is an adverb.
In May 2026 the Union Cabinet approved a proposal to increase the sanctioned strength of judges of the Supreme Court of India (including the Chief Justice) from 34 to:
a38
b40
c36
d37
Answer: A
On 5 May 2026 the Union Cabinet cleared a proposal raising the sanctioned strength of the Supreme Court from 34 to 38 judges, inclusive of the Chief Justice of India.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado for her struggle for democratic rights. She is an opposition leader from which country?
aNicaragua
bBelarus
cCuba
dVenezuela
Answer: D
The Norwegian Nobel Committee awarded the 2025 Peace Prize to Venezuelan opposition leader Maria Corina Machado for promoting democratic rights and a peaceful transition to democracy in Venezuela.
The tenure of Attorney General for India, R. Venkataramani, was extended by the Centre in 2025 for a further period of:
aSix months, up to 31 March 2026
bTwo years, up to 30 September 2027
cOne year, up to 30 September 2026
dThree years, up to 30 September 2028
Answer: B
Originally appointed in October 2022 for three years, R. Venkataramani received a two-year extension effective 1 October 2025, continuing as Attorney General up to 30 September 2027.
Gyanesh Kumar, who assumed charge in February 2025, was the first Chief Election Commissioner appointed under which statute?
aThe Government of India Act, 1935
bThe Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
cThe Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
dThe Representation of the People Act, 1951
Answer: B
Gyanesh Kumar became the 26th CEC and was the first appointed under the 2023 Act governing appointment, conditions of service and term of office of the CEC and Election Commissioners.
The Constitution (One Hundred and Sixth Amendment) Act, 2023 (Nari Shakti Vandan Adhiniyam), which provides reservation of seats for women, inserted into the Constitution which new Articles?
aArticles 243-D and 243-T
bArticles 15-A and 16-A
cArticles 371-J and 371-K
dArticles 330-A and 332-A
Answer: D
The 106th Amendment inserted Articles 330-A and 332-A, reserving one-third of seats for women in the Lok Sabha and State Legislative Assemblies; it takes effect after delimitation following a census.
The Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023 came into force on:
a25 December 2023
b1 July 2024
c26 January 2024
d1 April 2024
Answer: B
The three new criminal laws replacing the IPC, CrPC and Indian Evidence Act came into operation on 1 July 2024; they had received Presidential assent on 25 December 2023.
The maxim 'contemporanea expositio est optima et fortissima in lege' is a rule of statutory interpretation which means that:
aThe best way to construe a document is to read it as it would have been understood at the time it was made
bThe literal meaning of words must always prevail over their context
cA later statute repeals an earlier inconsistent one
dPenal statutes must be strictly construed
Answer: A
The maxim means contemporaneous exposition is the best and strongest in law; an old statute or instrument should be construed in the sense in which it was understood at the time it was made.
The principle of natural justice expressed by the maxim 'nemo judex in causa sua' embodies which rule?
aThe rule against bias - no one shall be a judge in his own cause
bThe right to be heard before an adverse order
cThe rule that no person shall be punished twice for the same offence
dThe requirement of a reasoned (speaking) order
Answer: A
'Nemo judex in causa sua' is the rule against bias, requiring that no one with an interest in the outcome decide the matter; the right to be heard is the distinct maxim 'audi alteram partem'.
Choose the option that correctly completes the sentence: 'The witness, along with his two associates, ____ present in court when the order was passed.'
awas
bare
chave been
dwere
Answer: A
The subject is the singular 'witness'; the phrase 'along with his two associates' does not alter the number of the subject, so the singular verb 'was' is correct.
Convert into reported (indirect) speech: The witness said, 'I saw the accused running away last night.'
aThe witness said that he has seen the accused running away last night.
bThe witness said that he saw the accused running away last night.
cThe witness said that I had seen the accused running away the previous night.
dThe witness said that he had seen the accused running away the previous night.
Answer: D
In indirect speech the past simple 'saw' shifts to past perfect 'had seen', and 'last night' becomes 'the previous night'. The pronoun 'I' changes to 'he'.
Q31English Language & Comprehension
Choose the option that correctly replaces the underlined phrase: 'The committee have submitted their report to the Chief Justice.'
ahave submitted its
bhave submitted their
chas submitted its
dhas submitted their
Answer: C
'Committee' acting as a single body takes a singular verb and singular pronoun, so 'has submitted its' is correct in standard usage when the body acts collectively.
Q32English Language & Comprehension
Select the word that means 'a person who knows many foreign languages'.
aDemagogue
bBibliophile
cLinguist
dPolyglot
Answer: D
A 'polyglot' is a person who knows and uses several languages. A 'bibliophile' loves books and a 'demagogue' is a political agitator.
Q33English Language & Comprehension
Read the passage and answer the question. 'The rule of law presupposes that disputes are resolved not by the arbitrary will of those in power but by settled principles applied impartially. Where discretion is unavoidable, it must be structured and confined by reasoned standards rather than left to caprice.' According to the passage, discretion is acceptable only when it is —
aguided by reasoned standards
bexercised by those in power
ccompletely eliminated
dleft to individual caprice
Answer: A
The passage states that where discretion is unavoidable, it must be 'structured and confined by reasoned standards', making option (b) correct.
Q34English Language & Comprehension
Choose the option that expresses the correct one-word substitution for: 'A statement that is open to two interpretations.'
aTautological
bVerbose
cAmbiguous
dAmbivalent
Answer: C
An 'ambiguous' statement is one capable of being understood in two or more ways. 'Ambivalent' describes mixed feelings, not double meaning.
Q35English Language & Comprehension
Fill in the blank with the correct preposition: 'The accused was acquitted ______ the charge of theft for want of evidence.'
aagainst
bfrom
cwith
dof
Answer: D
The correct collocation is 'acquitted of a charge'. One is acquitted 'of' an offence, not 'from' or 'against' it.
Q36English Language & Comprehension
Identify the sentence that is grammatically correct.
aEach of the petitioners have filed a separate affidavit.
bEach of the petitioners has filed a separate affidavit.
cEach of the petitioners were filing a separate affidavit.
dEach of the petitioners are filing a separate affidavit.
Answer: B
'Each' is singular and takes a singular verb, so 'has filed' is correct irrespective of the plural noun 'petitioners' in the prepositional phrase.
Q37English Language & Comprehension
Choose the word that is most nearly SIMILAR in meaning to 'PRECEDENT'.
aRebuttal
bExemplar
cPostscript
dAnomaly
Answer: B
A 'precedent' is an earlier event or decision serving as an example or guide; 'exemplar' (a typical example or model) is closest in meaning.
Q38English Language & Comprehension
Select the word that is NEAREST in meaning to the bracketed word: The witness gave a (laconic) reply to every question put by the counsel.
aconcise
buntruthful
clong-winded
devasive
Answer: A
'Laconic' means using very few words, i.e. concise or terse; the opposite would be verbose or long-winded.
Identify the part of the sentence that contains an error: 'Neither the registrar nor the clerks (a)/ was present (b)/ when the file (c)/ went missing. (d)'
aNeither the registrar nor the clerks
bwas present
cwhen the file
dwent missing
Answer: B
With 'neither...nor', the verb agrees with the nearer subject; since 'clerks' is plural, it should be 'were present', not 'was present'.
Choose the option that best fills the blank to form a grammatically correct conditional: If the appellant ____ the deadline, the appeal would not have been dismissed.
ameets
bhad met
cwould meet
dhas met
Answer: B
A third-conditional (past hypothetical) sentence requires 'had + past participle' in the if-clause: 'If the appellant had met the deadline...'.
Select the one-word substitute for: 'A statement that contradicts itself and yet may be true.'
aEuphemism
bTautology
cParadox
dAnomaly
Answer: C
A 'paradox' is a self-contradictory statement that may nonetheless be true; a tautology needlessly repeats an idea, and a euphemism softens an expression.
Identify the part of the sentence that contains an error: 'Neither the lawyers nor the judge were (a)/ aware of the (b)/ amendment that had (c)/ come into force last week. (d)'
aamendment that had
baware of the
ccome into force last week.
dNeither the lawyers nor the judge were
Answer: D
With 'neither ... nor', the verb agrees with the nearer subject 'the judge' (singular), so 'were' should be 'was'.
Temporary injunctions and interlocutory orders during the pendency of a suit are governed primarily by:
aOrder XXXVIII of the Code
bSection 94 read with Order XXI of the Code
cOrder XL of the Code
dOrder XXXIX of the Code
Answer: D
Order XXXIX CPC deals with temporary injunctions and interlocutory orders; Order XXXVIII relates to arrest and attachment before judgment, and Order XL to appointment of a receiver.
The general power of the High Court or the District Court to transfer and withdraw any suit, appeal or other proceeding pending before any subordinate Court is contained in:
aSection 22 of the Code
bSection 25 of the Code
cSection 24 of the Code
dSection 23 of the Code
Answer: C
Section 24 CPC confers the general power of transfer and withdrawal on the High Court and District Court; Section 25 deals with the Supreme Court's power to transfer suits from one State to another.
Where, on the death of a defendant, the right to sue survives, an application for substitution of the legal representatives of the deceased must ordinarily be made within ninety days. On failure to make such application within the limitation period, the suit, as against the deceased defendant:
aIs automatically stayed until restoration
bContinues against the surviving defendants without any consequence
cAbates as against the deceased defendant
dStands dismissed for default
Answer: C
Under Order XXII CPC, failure to bring the legal representatives on record within the prescribed period results in abatement of the suit as against the deceased defendant, subject to setting aside of abatement on sufficient cause.
The saving of the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court is expressly preserved by:
aSection 152 of the Code
bSection 153 of the Code
cSection 148 of the Code
dSection 151 of the Code
Answer: D
Section 151 CPC saves the inherent powers of the Court; Section 148 deals with enlargement of time, while Sections 152 and 153 deal with amendment of judgments/decrees and general power of amendment respectively.
Immovable property of the judgment-debtor is sold in execution of a money decree. A person claiming an interest in the property at the time of sale seeks to have the sale set aside by deposit under Order XXI Rule 89 CPC. To succeed, he must deposit in court, within the prescribed period of thirty days from the date of sale:
aOnly five per cent of the purchase-money for payment to the auction-purchaser.
bOnly the entire amount specified in the proclamation of sale for payment to the decree-holder.
cThe full purchase-money for the auction-purchaser together with ten per cent solatium.
dFive per cent of the purchase-money for the auction-purchaser, plus the amount specified in the proclamation for recovery of which the sale was ordered (less any amount received by the decree-holder since the proclamation), for the decree-holder.
Answer: D
Order XXI Rule 89(1) requires deposit of (a) 5% of the purchase-money for the auction-purchaser and (b) the amount specified in the proclamation for which the sale was ordered, less any sum already received by the decree-holder; the deposit must be made within thirty days of the sale.
An issue is heard and finally decided by a court of limited jurisdiction which was competent to decide that issue. The same issue arises later between the same parties in a subsequent suit which that court of limited jurisdiction was not competent to try. As per Explanation VIII to Section 11 CPC, the earlier decision on the issue:
aCannot operate as res judicata, because the earlier court could not have tried the subsequent suit.
bOperates as res judicata only if the earlier court had unlimited pecuniary jurisdiction.
cShall operate as res judicata in the subsequent suit, notwithstanding that the court of limited jurisdiction was not competent to try that subsequent suit.
dOperates merely as estoppel and not as res judicata.
Answer: C
Explanation VIII to Section 11 provides that an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, operates as res judicata in a subsequent suit, even though that court was not competent to try the subsequent suit.
A suit is disposed of by a compromise decree under Order XXIII Rule 3 CPC. One of the parties later alleges that the compromise on which the decree was based was not lawful. Under Order XXIII Rule 3A CPC, his remedy is:
aTo file an appeal, as a compromise decree is freely appealable on merits.
bTo file a fresh suit to set aside the decree on the ground that the compromise was not lawful.
cNo separate suit lies to set aside such a decree; the objection must be agitated before the same court that recorded the compromise, under the proviso to Rule 3.
dTo file a review petition within thirty days, failing which the decree becomes unchallengeable.
Answer: C
Order XXIII Rule 3A bars any suit to set aside a decree on the ground that the compromise on which it is based was not lawful; the only remedy is to approach the same court under the proviso to Rule 3.
During the pendency of a suit the court finds that a person not already on the record is a necessary party whose presence is required to effectually and completely adjudicate the questions involved, but neither the plaintiff nor the defendant has applied to implead him. Under Order I Rule 10(2) CPC, the court:
aMay, at any stage of the proceedings, order that the name of such party be added, either upon an application or suo motu (of its own motion).
bMust add the party only if the plaintiff, as dominus litis, consents to the addition.
cCannot add the party suo motu and must wait for an application by one of the parties.
dCan only add the party at the stage of settlement of issues and not thereafter.
Answer: A
Order I Rule 10(2) empowers the court, at any stage of the proceedings, either on application or of its own motion, to add as a party any person whose presence is necessary to enable it to effectually and completely adjudicate upon the questions in the suit.
Under the Code of Civil Procedure, 1908, the doctrine of res sub judice contained in Section 10 operates to:
aBar the trial of both the suits until the parties consent to consolidation
bStay the trial of the subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties
cBar the institution of a subsequent suit on the same matter in issue
dStay the trial of the previously instituted suit until the later suit is decided
Answer: B
Section 10 directs that no court shall proceed with the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title; it stays the later suit, it does not bar institution.
Where a plea which ought to have been raised as a ground of defence or attack in a former suit is not so raised, a subsequent suit on that plea is barred. This rule is known as:
aRes sub judice
bEstoppel by record under Section 115
cConstructive res judicata under Explanation IV to Section 11
dSplitting of claims under Order 2 Rule 2
Answer: C
Explanation IV to Section 11 embodies constructive res judicata: any matter which might and ought to have been made a ground of defence or attack in the former suit is deemed to have been directly and substantially in issue.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie except on a question of law from a decree in a suit cognizable by Courts of Small Causes where the amount or value of the subject-matter of the original suit does not exceed:
aTwenty thousand rupees
bThree thousand rupees
cFive thousand rupees
dTen thousand rupees
Answer: D
Section 96(4) bars an appeal except on a question of law from a Small Cause nature decree where the value of the original suit does not exceed ten thousand rupees.
Section 100A of the Code of Civil Procedure, 1908, as substituted by the Amendment Act, 2002, provides that where an appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court:
aNo further appeal shall lie from the judgment and decree of such single Judge, notwithstanding anything in any Letters Patent
bA further appeal shall lie only with the leave of the single Judge
cA further appeal shall lie directly to the Supreme Court
dA further Letters Patent Appeal shall lie to a Division Bench
Answer: A
Section 100A contains a non-obstante clause overriding the Letters Patent and bars any further (intra-court) appeal once a single Judge of a High Court has decided an appeal from an original or appellate decree or order.
Under Order VIII Rule 1 of the Code of Civil Procedure, the defendant shall present his written statement within thirty days from the date of service of summons; the court may extend the time but the extension cannot, ordinarily, take the total period beyond:
aSixty days
bOne hundred and twenty days
cNinety days
dOne hundred and eighty days
Answer: C
Order VIII Rule 1 fixes thirty days, extendable for recorded reasons up to a maximum of ninety days from service of summons; in Salem Advocate Bar Association the Supreme Court held this outer limit to be directory for non-commercial suits.
Which of the following is NOT one of the modes of settlement of disputes outside the court that a court may refer the parties to under Section 89 of the Code of Civil Procedure, 1908?
aReference to a Nyaya Panchayat for binding adjudication
bConciliation
cArbitration
dJudicial settlement including settlement through Lok Adalat
Answer: A
Section 89 lists four modes: arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation. Reference to a Nyaya Panchayat for binding adjudication is not a mode under Section 89.
Under Order VII Rule 11 of the Code of Civil Procedure, a plaint shall be rejected where:
aThe defendant has a strong defence on merits disclosed in the written statement
bThe suit appears from the statement in the plaint to be barred by any law
cThe plaintiff has impleaded an unnecessary party
dThe plaint contains immaterial averments
Answer: B
Order VII Rule 11(d) requires rejection of the plaint where the suit appears from the statement in the plaint itself to be barred by any law; for this purpose only the averments in the plaint are looked at, not the defence.
A garnishee order, by which a court calls upon a third party who is indebted to the judgment-debtor to pay the debt into court, is provided for under the Code of Civil Procedure in:
aSection 60
bOrder XXI Rule 46A
cSection 51
dOrder XXXVIII Rule 5
Answer: B
Order XXI Rules 46A to 46I provide the garnishee procedure: after attachment of a debt under Rule 46, the court may by notice under Rule 46A require the garnishee to pay the attached debt into court.
Under Order XLI Rule 27 of the Code of Civil Procedure, additional evidence may be allowed to be produced in the appellate court where:
aAny party makes a request at any stage of the appeal
bThe opposite party consents to its production
cA party wishes to fill up a lacuna left in the trial court evidence
dThe trial court refused to admit evidence which ought to have been admitted, or the appellate court itself requires it to pronounce judgment
Answer: D
Order XLI Rule 27 permits additional evidence in appeal only in limited situations, including where the trial court wrongly refused evidence or where the appellate court itself requires a document or witness to pronounce judgment; it cannot be used merely to fill gaps in a party's case.
Where a defendant against whom an ex parte decree has been passed satisfies the court that the summons was not duly served, or that he was prevented by sufficient cause from appearing, his remedy to have the decree set aside lies under:
aSection 151
bOrder IX Rule 13
cOrder IX Rule 9
dOrder XLVII Rule 1
Answer: B
Order IX Rule 13 enables a defendant against whom an ex parte decree is passed to apply to set it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing. (Order IX Rule 9 deals with dismissal for plaintiff's default.)
Objections to the executability of a decree, going to the questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree, are to be determined by the executing court and not by a separate suit, under:
aSection 38
bSection 47
cSection 11
dOrder XXI Rule 58
Answer: B
Section 47 provides that all questions arising between the parties to the suit in which the decree was passed relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and not by a separate suit.
The power of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised a jurisdiction not vested in it or failed to exercise a jurisdiction so vested, is the power of:
aReference under Section 113
bAppeal under Section 96
cRevision under Section 115
dReview under Section 114
Answer: C
Section 115 confers revisional jurisdiction on the High Court over subordinate courts where no appeal lies, confined to jurisdictional errors, namely exercise of jurisdiction not vested, failure to exercise jurisdiction vested, or acting illegally or with material irregularity in exercise of jurisdiction.
Where a suit has been instituted in a court, the power to transfer it to another competent subordinate court on the application of a party or suo motu is conferred on the High Court and the District Court by:
aSection 25
bSection 22
cSection 23
dSection 24
Answer: D
Section 24 confers general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court. (Section 25 deals with transfer by the Supreme Court from one State to another.)
Where and in so far as a decree is varied or reversed in appeal, the court which passed the decree is bound, on application, to place the parties in the position they would have occupied but for such decree. This relief of restitution is provided by:
aSection 144
bOrder XLVII Rule 1
cSection 151
dSection 47
Answer: A
Section 144 provides for restitution: on the reversal or variation of a decree, the court of first instance must, on application, restore the parties to the position they occupied before, including refund of money and award of mesne profits and interest.
An application for a temporary injunction to restrain a defendant from alienating or wasting the property in dispute during the pendency of a suit is governed by:
aOrder XXXVIII Rules 5 to 6
bOrder XXXIX Rules 1 and 2
cSection 94 only, without any Order
dOrder XL Rule 1
Answer: B
Order XXXIX Rules 1 and 2 empower the court to grant a temporary injunction, including to restrain waste, damage or alienation of property in dispute or its wrongful sale in execution, during the pendency of the suit. (Order XXXVIII Rule 5 deals with attachment before judgment.)
Section 9 of the Code of Civil Procedure, 1908 lays down that the Courts shall have jurisdiction to try all suits of a civil nature -
aOnly those expressly authorised by a statute
bOf every nature whether civil, revenue or criminal
cOf a civil nature only when no other remedy is available
dExcepting suits of which their cognizance is either expressly or impliedly barred
Answer: D
Section 9 confers on civil courts jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred. The bar on jurisdiction, and not the conferment, is the exception.
Two suits between the same parties on the same matter in issue are pending, the second having been instituted after the first in a competent court. Under Section 10 CPC, the proper course for the court in the subsequently instituted suit is to -
aDismiss the subsequent suit
bStay the trial of the subsequent suit
cConsolidate both suits and proceed
dReturn the plaint in the subsequent suit
Answer: B
Section 10 (res sub judice) is mandatory and directs the court to stay the trial of the subsequently instituted suit; it does not authorise dismissal of that suit.
A 64-year-old person is accused of a cognizable offence punishable with imprisonment of two years. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, before such person can be arrested, the police must obtain the prior permission of an officer not below which rank?
aDeputy Superintendent of Police
bSuperintendent of Police
cThe jurisdictional Magistrate
dStation House Officer (officer in charge of the police station)
Answer: A
Section 35(7) of the BNSS, 2023 (a new safeguard absent in the CrPC) bars arrest of a person above sixty years of age, or who is infirm, for an offence punishable with imprisonment of less than three years, except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge of the police station may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain whether a prima facie case exists. Within what period must such preliminary enquiry be conducted?
aTwenty-one days
bThirty days
cSeven days
dFourteen days
Answer: D
Section 173(3) of the BNSS, 2023 permits, with prior DSP-rank permission, a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists for offences punishable with three years or more but less than seven years; this discretionary pre-registration enquiry has no equivalent in the CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information about a cognizable offence is given to an officer in charge of a police station by electronic communication, it shall be taken on record only when it is signed by the person giving it within:
atwenty-four hours
bforty-eight hours
cthree days
dseven days
Answer: C
The first proviso to Section 173(1) BNSS requires that information given by electronic communication be taken on record only on being signed by the person giving it within three days.
Section 173(3) of the BNSS permits an officer in charge of a police station, with prior permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry to ascertain whether a prima facie case exists. This option is available only where the cognizable offence is punishable with imprisonment for:
aten years or more
bless than three years
cthree years or more but less than seven years
dseven years or more
Answer: C
Section 173(3) BNSS allows a preliminary enquiry (within 14 days) only for cognizable offences punishable with three years or more but less than seven years' imprisonment.
Under Section 35(7) of the BNSS, in the case of an offence punishable with imprisonment for less than three years, a police officer shall not arrest a person who is infirm or above sixty years of age without the prior permission of an officer:
aof the rank of Inspector General of Police
bnot below the rank of Deputy Superintendent of Police
cnot below the rank of Superintendent of Police
din charge of the police station
Answer: B
The proviso to Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for an offence punishable with less than three years, except with prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187 of the BNSS, for an offence punishable with imprisonment up to ten years, the fifteen days of police custody permitted may be sought by the Magistrate at any time during the initial:
afifteen days of investigation
bninety days of investigation
csixty days of investigation
dforty days of investigation
Answer: D
Under Section 187 BNSS the fifteen-day police custody can be sought in parts within the first forty days of investigation where the offence is punishable up to ten years (sixty days where punishable with death, life or ten years or more).
Under Section 187(3) of the BNSS, an accused becomes entitled to be released on bail by default if the investigation is not completed within sixty days, where the offence is one for which the maximum imprisonment is:
aup to ten years
bdeath or imprisonment for life only
cany term exceeding seven years
dnot less than ten years
Answer: A
Section 187(3) BNSS prescribes a ninety-day investigation window for offences punishable with death, life or not less than ten years, and sixty days for all other offences; thus the sixty-day default-bail period applies to offences punishable up to ten years.
Where, in an investigation into an offence punishable with imprisonment for seven years or more, the BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process, the relevant provision is:
aSection 180
bSection 105
cSection 176(3)
dSection 173(3)
Answer: C
Section 176(3) BNSS mandates that, for offences punishable with seven years or more, a forensic expert visit the crime scene and the collection process be recorded by videography.
Under Section 210 of the BNSS, a Magistrate of the first class may take cognizance of an offence upon all of the following EXCEPT:
aan anonymous letter not disclosing the informant's identity in any manner
ba complaint of facts which constitute such offence
cinformation received from any person other than a police officer, or upon his own knowledge
da police report of such facts
Answer: A
Section 210 BNSS permits cognizance on complaint, on a police report, or upon information/own knowledge; it does not list an anonymous letter as a recognised mode of taking cognizance.
A new safeguard introduced by Section 223 of the BNSS, governing cognizance of an offence on a private complaint, is that the Magistrate shall not take cognizance without:
arecording reasons in a special order
bgiving the accused an opportunity of being heard
cdirecting a police investigation under Section 175
dobtaining sanction of the State Government
Answer: B
The first proviso to Section 223(1) BNSS newly requires that no cognizance on a complaint be taken without giving the proposed accused an opportunity of being heard.
Section 356 of the BNSS, which provides for inquiry, trial or judgment in absentia of a proclaimed offender, requires that the trial commence only after the expiry of:
aninety days from the date of framing of charge
bsixty days from the date of the proclamation
cthirty days from the date of issue of the proclamation
dforty-five days from the appearance date fixed in the proclamation
Answer: A
Section 356 BNSS allows trial in absentia of a proclaimed offender who has absconded, and mandates that the trial commence only ninety days after the framing of charge.
Section 472 of the BNSS, dealing with mercy petitions in death sentence cases, provides that a convict (or his legal heir or relative) may, after being informed by the Superintendent of jail of dismissal of his appeal/special leave petition, submit a mercy petition within:
athirty days
bfifteen days
cseven days
dsixty days
Answer: A
Section 472 BNSS provides that a mercy petition to the Governor or President may be made within thirty days of the convict being informed by the jail Superintendent.
Under the BNSS, the power to grant anticipatory bail to a person apprehending arrest on accusation of a non-bailable offence is conferred concurrently on the High Court and the Court of Session by:
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Section 482 BNSS (corresponding to Section 438 CrPC) confers concurrent power on the High Court and the Court of Session to grant anticipatory bail.
Community service, newly introduced as a form of punishment under the new criminal law, is defined as work which the court may order a convict to perform as a form of punishment that benefits the community, and for which the convict shall:
abe entitled to remission of sentence in lieu of pay
bbe entitled to minimum wages
cbe paid an honorarium fixed by the State
dnot be entitled to any remuneration
Answer: D
The Explanation defining community service clarifies that it is work that benefits the community for which the convict is not entitled to any remuneration.
Under the BNSS, the obligation to prepare a scheme for providing funds for compensation to victims or their dependants who have suffered loss or injury as a result of a crime is cast upon the:
aState Government in coordination with the Central Government
bCentral Government alone
cDistrict Legal Services Authority only
dHigh Court of the State
Answer: A
Section 396 BNSS requires every State Government, in coordination with the Central Government, to prepare a victim compensation scheme, including interim compensation.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the registration of a First Information Report relating to a cognizable offence committed outside the local jurisdiction of the police station (commonly called a 'Zero FIR') is recognised under which section?
aSection 173
bSection 154
cSection 179
dSection 175
Answer: A
Section 173 BNSS deals with information in cognizable cases and expressly permits registration of an FIR 'irrespective of the area where the offence is committed', giving statutory recognition to the Zero FIR. It replaces Section 154 CrPC.
Section 187 BNSS, dealing with detention of an accused beyond twenty-four hours, departs from the corresponding provision of the CrPC chiefly because it provides that the maximum permissible police custody of fifteen days may be:
asought in whole or in part at any time during the initial 40 or 60 days of the total detention period
bextended up to thirty days for heinous offences
cauthorised only by the Court of Session
davailed only in a single continuous spell within the first fifteen days
Answer: A
Under Section 187 BNSS the 15-day police custody need not be taken at the outset; it may be sought in whole or part during the initial 40 days (for ordinary offences) or 60 days (for graver offences) of the total 60/90-day period, unlike Section 167 CrPC.
Where an offence is punishable with imprisonment of seven years or more, Section 176(3) BNSS makes it mandatory for the investigating officer to ensure that:
athe trial is completed within ninety days
ba forensic expert visits the crime scene to collect forensic evidence and records the process
cthe charge-sheet is filed within sixty days
dthe accused is produced before a Magistrate within twelve hours
Answer: B
Section 176(3) BNSS mandates that for offences punishable with seven years or more imprisonment, a forensic expert shall visit the crime scene to collect forensic evidence and record the process, with a five-year window for States to build capacity. This has no CrPC equivalent.
Trial in absentia of a proclaimed offender who has absconded and has no immediate prospect of arrest is now expressly provided for under which section of the BNSS?
aSection 299
bSection 356
cSection 84
dSection 339
Answer: B
Section 356 BNSS empowers a Court to inquire into and try a proclaimed offender who has absconded to evade trial in his absence, after a 90-day waiting period from framing of charge. There was no comparable trial-in-absentia provision in the CrPC.
Section 105 BNSS introduces a procedural safeguard during search and seizure by requiring that:
atwo gazetted officers attest the seizure memo
bevery search be conducted only in the presence of a Magistrate
cthe process of search and seizure, including preparation of the list, be recorded through audio-video electronic means
dthe seized articles be photographed and deposited in the treasury
Answer: C
Section 105 BNSS mandates audio-video electronic recording of the entire search and seizure process, including preparation and signing of the list, and forwarding of the recording to the Magistrate. This is a new safeguard absent in the CrPC.
Under the proviso to Section 35(7) BNSS, no arrest shall be made of a person who is infirm or above sixty years of age for an offence punishable with imprisonment of less than three years, without the prior permission of an officer not below the rank of:
aSub-Inspector of Police
bSuperintendent of Police
cDeputy Superintendent of Police
dInspector of Police
Answer: C
The proviso to Section 35(7) BNSS requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
Section 472 BNSS, a provision having no equivalent in the CrPC, statutorily regulates the procedure for filing of:
aan application for anticipatory bail
ba revision petition before the High Court
ca complaint of perjury
da mercy petition in death sentence cases before the Governor and the President
Answer: D
Section 472 BNSS for the first time prescribes a statutory procedure and timeline for mercy petitions in death sentence cases, to be made first to the Governor (Article 161) and thereafter to the President (Article 72).
Match the offence with its section under the Bharatiya Nyaya Sanhita, 2023: (i) Dowry death (ii) Theft (iii) Robbery (iv) Criminal intimidation. Sections: 1. 303 2. 309 3. 80 4. 351. Select the correct code:
a(i)-3 (ii)-2 (iii)-1 (iv)-4
b(i)-4 (ii)-1 (iii)-2 (iv)-3
c(i)-1 (ii)-3 (iii)-4 (iv)-2
d(i)-3 (ii)-1 (iii)-2 (iv)-4
Answer: D
Dowry death is Section 80, theft is Section 303, robbery is Section 309 and criminal intimidation is Section 351 of the BNS.
Under the Bharatiya Nyaya Sanhita, 2023, on a first conviction for theft of property worth less than five thousand rupees, where the property is restored, the offender:
aMust be sentenced to rigorous imprisonment of not less than one year
bShall be punished with death or imprisonment for life
cShall be discharged without any penalty
dShall be punished with community service
Answer: D
The proviso to Section 303(2) BNS provides that a first-time offender who restores stolen property worth less than five thousand rupees shall be punished with community service.
Under the Bharatiya Nyaya Sanhita, 2023, the provision specifying when the right of private defence of the body extends to voluntarily causing death of the assailant is:
aSection 38
bSection 35
cSection 44
dSection 34
Answer: A
Section 38 BNS enumerates the situations (such as reasonable apprehension of death, grievous hurt, rape, kidnapping, etc.) in which the right of private defence of the body extends to causing death, corresponding to Section 100 IPC.
Under Section 351 of the Bharatiya Nyaya Sanhita, 2023, where the threat of criminal intimidation is to cause death or grievous hurt, the maximum imprisonment that may be imposed is:
aTen years
bThree years
cTwo years
dSeven years
Answer: D
Section 351(3) BNS provides that aggravated criminal intimidation (threat of death, grievous hurt, destruction of property by fire, etc.) is punishable with imprisonment up to seven years, while the basic offence under Section 351(2) carries up to two years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' (which includes contract killing, land grabbing, extortion rackets and economic offences committed by a syndicate) is dealt with for the first time in:
aSection 113
bSection 117
cSection 111
dSection 109
Answer: C
Section 111 BNS is a new provision creating the substantive offence of organised crime, with no corresponding provision in the IPC.
'A', under unsoundness of mind, is at the time of the act incapable of knowing that what he is doing is wrong or contrary to law, and kills 'B'. Under the Bharatiya Nyaya Sanhita, 2023, the exception that absolves 'A' is contained in:
aSection 20
bSection 22
cSection 21
dSection 23
Answer: B
Section 22 BNS (act of a person of unsound mind) provides that nothing is an offence done by a person who, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong or contrary to law, corresponding to Section 84 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for gang rape (Section 70) provides for a minimum rigorous imprisonment of:
aTwenty years (which may extend to life imprisonment meaning the remainder of natural life)
bSeven years
cFourteen years
dTen years
Answer: A
Section 70(1) BNS prescribes for gang rape rigorous imprisonment of not less than twenty years, which may extend to imprisonment for life (for the remainder of natural life), and fine.
Under the Bharatiya Nyaya Sanhita, 2023, 'community service' has for the first time been introduced as a recognised form of punishment. Under which section is it enumerated among the punishments to which offenders are liable?
aSection 8
bSection 2
cSection 4
dSection 6
Answer: C
Section 4 of the BNS lists the punishments, and clause (f) introduces 'community service' as a new mode of punishment not found in the IPC.
Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 deals with murder committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief. The minimum term of imprisonment prescribed for each member of such group is:
aNot less than seven years
bNot less than fourteen years
cNot less than ten years
dNot less than five years
Answer: A
Section 103(2) BNS, the new 'mob lynching' provision, prescribes death or imprisonment for life or imprisonment for a term not less than seven years, with fine.
'X' and 'Y' set out together to kill 'Z'. 'X' stands guard at the door holding a spear but strikes no blow, while 'Y' alone stabs 'Z' to death. Under which provision of the Bharatiya Nyaya Sanhita, 2023 is 'X' equally liable for the murder?
aSection 190 (member of unlawful assembly)
bSection 49 (abetment)
cSection 61 (criminal conspiracy)
dSection 3(5) (acts done by several persons in furtherance of common intention)
Answer: D
Section 3(5) BNS (corresponding to the old Section 34 IPC) makes each person liable as if the act were done by him alone when a criminal act is done by several persons in furtherance of a common intention; mere standing guard suffices as participation.
Which of the following is the correct distinction between Section 3(5) and Section 190 of the Bharatiya Nyaya Sanhita, 2023?
aSection 3(5) requires at least five persons, whereas Section 190 requires only two persons
bSection 3(5) creates a substantive offence, whereas Section 190 is merely a rule of evidence
cSection 3(5) rests on common intention and needs two or more persons, whereas Section 190 rests on common object and needs an unlawful assembly of at least five persons
dBoth require a pre-arranged plan and active participation by every member
Answer: C
Section 3(5) BNS embodies common intention (pre-arranged meeting of minds) and applies to two or more persons; Section 190 BNS fastens liability by virtue of membership of an unlawful assembly of five or more (Section 189) sharing a common object.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child. Which of the following correctly states the position regarding the age of a child?
aAbsolute immunity is granted to a child under twelve years of age
bNo immunity is available once the child has crossed seven years of age
cA child under seven enjoys only conditional immunity depending on maturity
dSection 20 grants absolute immunity to a child under seven, while Section 21 grants conditional immunity to a child of seven and under twelve who lacks maturity of understanding
Answer: D
Section 20 BNS gives absolute immunity (doli incapax) to a child under seven; Section 21 BNS gives conditional immunity to a child above seven and under twelve who has not attained sufficient maturity of understanding.
Which section of the Bharatiya Nyaya Sanhita, 2023 provides that nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law?
aSection 20
bSection 22
cSection 18
dSection 14
Answer: B
Section 22 BNS (corresponding to the old Section 84 IPC) embodies the defence of insanity and is governed by the McNaughten rules; the relevant time is the moment of doing the act.
Section 14 of the Bharatiya Nyaya Sanhita, 2023 provides that nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be:
aJustified by morals to do it
bEntitled in equity to do it
cBound by law to do it
dPermitted by custom to do it
Answer: C
Section 14 BNS protects acts done by a person bound, or by mistake of fact in good faith believing himself bound, by law; mistake of law is no defence.
Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 enhances punishment for causing death by rash or negligent act where the offender:
aWas driving without a valid licence
bEscapes from the scene of the incident or fails to report it to a police officer or Magistrate soon after the incident
cIs a registered medical practitioner performing a medical procedure
dCauses death of more than one person by a single act
Answer: B
Section 106(2) BNS (the 'hit-and-run' provision) prescribes imprisonment up to ten years and fine where the offender causes death by rash or negligent driving and then escapes without reporting the incident.
Under the Bharatiya Nyaya Sanhita, 2023, theft is 'snatching' under Section 304 where, in order to commit theft, the offender:
aCommits theft after sunset and before sunrise
bCommits theft of property exceeding five thousand rupees in value
cSuddenly or quickly or forcibly seizes, secures, grabs or takes away movable property from a person or his possession
dCommits theft in any building used as a human dwelling
Answer: C
Section 304 BNS introduces 'snatching' as a distinct offence, defined by the sudden, quick or forcible seizing of movable property; it is punishable with imprisonment up to three years and fine.
Section 69 of the Bharatiya Nyaya Sanhita, 2023 creates a new offence relating to:
aCruelty by a husband or his relatives towards a married woman
bVoyeurism committed against a woman in a private place
cImportation of a girl from a foreign country for illicit purposes
dSexual intercourse by employing deceitful means or making a false promise of marriage, without amounting to rape
Answer: D
Section 69 BNS is a newly created offence punishing sexual intercourse obtained by deceitful means, including a false promise of marriage, employment or promotion, or by concealment of identity.
Which section of the Bharatiya Nyaya Sanhita, 2023 deals with 'organised crime', and which section deals with 'terrorist act'?
aSection 115 and Section 117 respectively
bSection 109 and Section 110 respectively
cSection 113 and Section 111 respectively
dSection 111 and Section 113 respectively
Answer: D
Section 111 BNS punishes organised crime and Section 113 BNS punishes terrorist acts; both are new substantive offences, the latter drafted on the lines of the UAPA.
Section 226 of the Bharatiya Nyaya Sanhita, 2023 punishes an attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty. The punishment prescribed is:
aRigorous imprisonment up to three years and fine
bImprisonment for life
cSimple imprisonment up to one year, or fine, or both, or community service
dImprisonment up to seven years and fine
Answer: C
Section 226 BNS punishes such an attempt with simple imprisonment up to one year, or fine, or both, or community service; it is one of the offences for which community service is an available punishment.
Under the Constitution, the power of superintendence of a High Court over all courts and tribunals throughout the territory in relation to which it exercises jurisdiction is conferred by:
aArticle 227
bArticle 226
cArticle 235
dArticle 228
Answer: A
Article 227 vests every High Court with the power of superintendence over all courts and tribunals within its jurisdiction (except those under the Armed Forces laws). Article 235 deals with control over subordinate courts on the administrative side.
The expression 'State' for the purpose of Part III (Fundamental Rights) is defined in:
aArticle 11
bArticle 12
cArticle 13
dArticle 36
Answer: B
Article 12 defines 'the State' to include the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within India or under the control of the Government of India. Article 36 carries this definition into Part IV.
A proclamation of Emergency issued under Article 352 must be laid before each House of Parliament and ceases to operate at the expiration of one month unless it is, before that period, approved by resolutions of both Houses passed by:
aA majority of the total membership of each House and not less than two-thirds of the members present and voting
bA simple majority of members present and voting
cA majority of the total membership of each House only
dTwo-thirds of the total membership of each House
Answer: A
Under Article 352(4) and (6), a proclamation of Emergency must be approved within one month by resolutions of both Houses passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting (a special majority).
Under Article 124(2), as it stands after the 99th Amendment was struck down, a Judge of the Supreme Court is appointed by the President:
aSolely on the recommendation of the Union Council of Ministers
bOn the binding advice of the National Judicial Appointments Commission
cOn the advice of the Chief Justice of India alone, which is binding
dAfter consultation with such Judges of the Supreme Court and the High Courts as the President may deem necessary
Answer: D
After the 99th Amendment was struck down, Article 124(2) operates in its pre-amendment form: appointment is made by the President after consultation with such Judges of the Supreme Court and High Courts as he deems necessary, and consultation with the CJI is obligatory for appointing other Judges.
The provisions of Part IV-A of the Constitution, dealing with the Fundamental Duties of citizens, are contained in:
aArticle 49
bArticle 51
cArticle 51-A
dArticle 48-A
Answer: C
Article 51-A (inserted by the 42nd Amendment, 1976) enumerates the Fundamental Duties of citizens. Article 48-A is a Directive Principle on protection of the environment, and Article 51 deals with promotion of international peace.
Which Article of the Constitution of India directs the State to endeavour to secure for the citizens a uniform civil code throughout the territory of India?
aArticle 43
bArticle 48
cArticle 45
dArticle 44
Answer: D
Article 44, a Directive Principle of State Policy in Part IV, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The Fundamental Duties were inserted into the Constitution of India as Part IV-A (Article 51A) by which Constitution Amendment Act?
aThe Constitution (24th Amendment) Act, 1971
bThe Constitution (86th Amendment) Act, 2002
cThe Constitution (44th Amendment) Act, 1978
dThe Constitution (42nd Amendment) Act, 1976
Answer: D
The 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee, inserted Part IV-A (Article 51A) listing ten Fundamental Duties; the 86th Amendment, 2002 later added the eleventh duty.
Under Article 51A of the Constitution of India, the duty of a parent or guardian to provide opportunities for education to a child between the age of six and fourteen years was added by which amendment?
a61st Amendment Act, 1989
b42nd Amendment Act, 1976
c86th Amendment Act, 2002
d97th Amendment Act, 2011
Answer: C
The 86th Amendment, 2002 added clause (k) to Article 51A, casting a duty on a parent or guardian to provide education to a child aged six to fourteen; the same amendment also inserted Article 21A.
The writ jurisdiction of a High Court under Article 226 of the Constitution of India is wider than that of the Supreme Court under Article 32 chiefly because a High Court may issue writs:
aOnly against the State and its instrumentalities
bFor enforcement of Fundamental Rights and also for any other purpose
cOnly with the prior leave of the Supreme Court
dOnly for enforcement of Fundamental Rights
Answer: B
Article 226 empowers a High Court to issue writs for the enforcement of Part III rights 'and for any other purpose', which extends to legal and statutory rights, making it wider than Article 32 which is confined to Fundamental Rights.
Under Article 100 of the Constitution of India, in the case of an equality of votes in a House of Parliament, the presiding officer:
aHas no vote at all
bShall not vote in the first instance but shall have and exercise a casting vote
cShall have an original vote but not a casting vote
dShall refer the matter to the President for decision
Answer: B
Article 100(1) provides that the presiding officer (Speaker/Chairman or person acting as such) shall not vote in the first instance, but shall exercise a casting vote in the case of an equality of votes.
Under Article 110 of the Constitution of India, the question whether a Bill is a Money Bill is finally decided by:
aThe Speaker of the Lok Sabha
bThe Chairman of the Rajya Sabha
cThe Attorney-General for India
dThe President of India
Answer: A
Under Article 110(3), if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of the People (Lok Sabha) thereon is final.
The procedure for impeachment of the President of India is contained in which Article, and the resolution preferring the charge must be passed by:
aArticle 56, by a simple majority of the House
bArticle 61, by a majority of not less than one-half of the members present and voting
cArticle 74, by a two-thirds majority of members present and voting
dArticle 61, by a majority of not less than two-thirds of the total membership of the House
Answer: D
Article 61 lays down the impeachment procedure; the charge must be preferred by a resolution passed by a majority of not less than two-thirds of the total membership of the House preferring it.
Under Article 143 of the Constitution of India, when the President refers a question of law or fact of public importance to the Supreme Court, the opinion rendered by the Court is:
aBinding only if rendered by a Constitution Bench
bBinding on all courts as a precedent under Article 141
cBinding on the President and the Union
dAdvisory in nature and not binding on the President
Answer: D
An opinion under Article 143 is advisory in character; the Supreme Court's opinion in a Presidential reference is not binding on the President, who may accept or disregard it.
In which decision did the Supreme Court of India lay down the 'creamy layer' exclusion and the rule that total reservation should not ordinarily exceed 50 per cent?
aIndra Sawhney v. Union of India
bM. Nagaraj v. Union of India
cState of Madras v. Champakam Dorairajan
dM. R. Balaji v. State of Mysore
Answer: A
In Indra Sawhney v. Union of India (1992), the Mandal Commission case, the Supreme Court directed exclusion of the creamy layer among OBCs and held that reservations should not ordinarily exceed 50 per cent.
The Constitution (99th Amendment) Act, 2014, which inserted Article 124A providing for the National Judicial Appointments Commission, was struck down by the Supreme Court in:
aK. Veeraswami v. Union of India
bSupreme Court Advocates-on-Record Association v. Union of India (2015)
cS. P. Gupta v. Union of India
dUnion of India v. Sankalchand Himatlal Sheth
Answer: B
In Supreme Court Advocates-on-Record Association v. Union of India (2015), a five-judge bench by a 4:1 majority struck down the 99th Amendment and the NJAC Act as violative of the basic structure (independence of the judiciary).
Dr. B. R. Ambedkar described which Article as 'the very heart and soul' of the Constitution of India?
aArticle 19
bArticle 14
cArticle 32
dArticle 21
Answer: C
Dr. Ambedkar called Article 32, which guarantees the right to move the Supreme Court for enforcement of Fundamental Rights, the heart and soul of the Constitution; it is itself a Fundamental Right.
The right to free and compulsory education for children of the age of six to fourteen years is guaranteed as a Fundamental Right under which Article of the Constitution of India?
aArticle 21A
bArticle 21
cArticle 41
dArticle 45
Answer: A
Article 21A, inserted by the 86th Amendment, 2002, makes free and compulsory education a Fundamental Right for children aged six to fourteen years in such manner as the State may by law determine.
Under Article 110(1) of the Constitution of India, which one of the following is NOT among the matters that a Bill must deal with to be classified as a Money Bill?
aImposition, abolition, remission, alteration or regulation of any tax
bRatification of an international treaty entered into by the Union
cCustody of the Consolidated Fund and payments into or withdrawals from it
dRegulation of the borrowing of money by the Government of India
Answer: B
Ratification of an international treaty does not figure in the exhaustive list in Article 110(1); that list covers taxes, borrowing, custody of the Consolidated/Contingency Fund and related financial matters only.
Under the Bharatiya Sakshya Adhiniyam, 2023, the relevancy of opinions of experts on a point of foreign law, science, art, or identity of handwriting or finger impressions is governed by which section?
aSection 51
bSection 45
cSection 26
dSection 39
Answer: D
Section 39 of the BSA, 2023 (the successor to Section 45 of the Indian Evidence Act, 1872) makes the opinions of experts relevant on points of foreign law, science, art, or identity of handwriting or finger impressions.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to the rule that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 24
bSection 23
cSection 25
dSection 22
Answer: B
Section 23 of the BSA, 2023 bars proof of a confession made to a police officer against the accused (sub-section (1)); sub-section (2) deals with confession in police custody and its proviso preserves the discovery-of-fact rule (formerly Sections 25 and 27 of the Indian Evidence Act).
A makes a statement to B as to the cause of A's death. Later A dies of that injury. Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, the statement is relevant -
awhether or not A was under expectation of death when the statement was made
bonly if A was under expectation of death when the statement was made
conly if A's death was in fact caused by the injury referred to
donly in proceedings where the cause of A's death is not in question
Answer: A
Section 26(a) of the BSA, 2023 makes a statement as to the cause of death relevant whether or not the person was, at the time it was made, under expectation of death, mirroring Section 32(1) of the Indian Evidence Act.
A significant departure of the Bharatiya Sakshya Adhiniyam, 2023 from the Indian Evidence Act, 1872 relates to accomplice evidence under Section 138. Under Section 138 of the BSA, a conviction is not illegal if it proceeds upon -
athe uncorroborated testimony of an accomplice
bthe sole testimony of any single witness
ca confession retracted at trial
dthe corroborated testimony of an accomplice
Answer: D
Section 138 of the BSA, 2023 provides that a conviction is not illegal if it proceeds upon the 'corroborated' testimony of an accomplice, changing the word 'uncorroborated' used in Section 133 of the Indian Evidence Act, 1872.
Under Section 139 of the Bharatiya Sakshya Adhiniyam, 2023, for the proof of any fact -
aat least two witnesses are required
bthe number of witnesses is to be fixed by the trial court
cat least three witnesses are required in capital cases
dno particular number of witnesses shall in any case be required
Answer: D
Section 139 of the BSA, 2023 (formerly Section 134 of the Indian Evidence Act) provides that no particular number of witnesses shall in any case be required for the proof of any fact.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of an electronic or digital record as evidence is dealt with in -
aSection 57
bSection 61
cSection 65A only
dSection 39
Answer: B
Section 61 of the BSA, 2023 provides that admissibility of an electronic or digital record shall not be denied merely because it is electronic, and gives it legal effect subject to Section 63.
The certificate required to accompany an electronic or digital record produced as evidence under the Bharatiya Sakshya Adhiniyam, 2023 is provided for in -
aSection 63
bSection 57
cSection 62
dSection 61
Answer: A
Section 63 of the BSA, 2023 (corresponding to Section 65B of the Indian Evidence Act) governs admissibility of electronic records and requires the certificate authenticating the record.
Under the Explanations added to Section 57 of the Bharatiya Sakshya Adhiniyam, 2023, where an electronic or digital record is stored simultaneously or sequentially in multiple files, each such file is -
aprimary evidence
brelevant only with a Section 63 certificate
cinadmissible unless the original device is produced
dsecondary evidence
Answer: A
An Explanation to Section 57 of the BSA, 2023 provides that where an electronic or digital record is created or stored in multiple files, each such file is primary evidence.
The principle that when one person, by his declaration, act or omission, has intentionally caused or permitted another to believe a thing to be true and act on it, he cannot afterwards deny its truth, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 119
bSection 104
cSection 121
dSection 138
Answer: C
Section 121 of the BSA, 2023 codifies the doctrine of estoppel, corresponding to Section 115 of the Indian Evidence Act, 1872.
Under Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, a leading question, if objected to by the adverse party, may NOT ordinarily be asked in -
aany examination, in all circumstances
bcross-examination
cexamination-in-chief only, never in re-examination
dexamination-in-chief and re-examination, except with the permission of the Court
Answer: D
Section 146 of the BSA, 2023 (formerly Section 142 of the Indian Evidence Act) provides that leading questions, if objected to, must not be asked in examination-in-chief or re-examination except with the Court's permission.
Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a suit or proceeding lies on -
athe defendant in every case
bthe person who would fail if no evidence at all were given on either side
cthe party with fewer witnesses
dthe court suo motu
Answer: B
Section 104 of the BSA, 2023 (corresponding to Sections 101-102 of the Indian Evidence Act) places the burden of proof on the party who would fail if no evidence were given on either side.
Under the Bharatiya Sakshya Adhiniyam, 2023, the definition of 'admission' is contained in which section?
aSection 22
bSection 15
cSection 16
dSection 26
Answer: B
Section 15 of the BSA, 2023 defines an admission as a statement, oral or documentary or in electronic form, which suggests an inference as to a fact in issue or relevant fact (formerly Section 17 of the Indian Evidence Act).
In a criminal proceeding, a confession caused by an inducement, threat, coercion or promise proceeding from a person in authority is rendered irrelevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 22
bSection 23
cSection 26
dSection 15
Answer: A
Section 22 of the BSA, 2023 (formerly Section 24 of the Indian Evidence Act) makes a confession caused by inducement, threat, coercion or promise from a person in authority irrelevant in a criminal proceeding.
Under the Bharatiya Sakshya Adhiniyam, 2023, facts of which the Court must take judicial notice are enumerated in -
aSection 52
bSection 55
cSection 53
dSection 51
Answer: A
Section 52 of the BSA, 2023 (corresponding to Section 57 of the Indian Evidence Act) lists the facts of which the Court must take judicial notice; facts admitted (Section 53) need not be proved.
Under Section 74 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is NOT a public document?
aRecords of the acts of a public officer, legislative, judicial and executive
bPublic records kept in a State of private documents
cA private agreement of sale executed between two individuals
dDocuments forming the acts of the sovereign authority
Answer: C
Section 74 of the BSA, 2023 classifies documents as public or private; a private agreement between individuals is a private document, while acts of sovereign authority, official bodies, public officers and public records of private documents are public documents.
A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement is empowered to refer the parties to arbitration under which provision of the Arbitration and Conciliation Act, 1996?
aSection 16
bSection 11
cSection 8
dSection 5
Answer: C
Section 8 empowers a judicial authority to refer the parties to arbitration when an action is brought in a matter covered by an arbitration agreement and a party so applies not later than submitting its first statement on the substance of the dispute.
A party desirous of obtaining interim measures of protection from a Court before the commencement of arbitral proceedings, during the proceedings, or at any time after the making of the arbitral award but before its enforcement, would move an application under:
aSection 9 of the Arbitration and Conciliation Act, 1996
bSection 17 of the Arbitration and Conciliation Act, 1996
cSection 36 of the Arbitration and Conciliation Act, 1996
dOrder XXXIX of the Code of Civil Procedure, 1908 only
Answer: A
Section 9 preserves the Court's power to grant interim measures of protection before or during arbitral proceedings or at any time after the award is made but before it is enforced under Section 36.
The power of the arbitral tribunal itself to order interim measures of protection during the arbitral proceedings is contained in:
aSection 17
bSection 9
cSection 16
dSection 27
Answer: A
Section 17 empowers the arbitral tribunal to order interim measures during the arbitral proceedings, and after the 2015 amendment such measures are deemed an order of the Court and enforceable as such.
The principle that an arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement (kompetenz-kompetenz), is embodied in:
aSection 34
bSection 12
cSection 13
dSection 16
Answer: D
Section 16 embodies the doctrine of kompetenz-kompetenz, empowering the arbitral tribunal to rule on its own jurisdiction, including objections as to the existence or validity of the arbitration agreement, which for this purpose is treated as a separable agreement.
Notwithstanding any prior agreement to the contrary, a person whose relationship with the parties, counsel or the subject-matter of the dispute falls within any of the categories specified in the Seventh Schedule is ineligible to be appointed as an arbitrator under:
aSection 13(2)
bSection 12(5)
cSection 11(6)
dSection 14(1)
Answer: B
Section 12(5), inserted by the 2015 Amendment, renders a person ineligible to be an arbitrator if his relationship with the parties, counsel or subject-matter falls within any category of the Seventh Schedule, notwithstanding any prior agreement to the contrary.
In an arbitration other than an international commercial arbitration, the arbitral award shall be made by the arbitral tribunal within a period of:
aTwenty-four months from the date of the arbitration agreement
bSix months from the date the tribunal enters upon the reference
cTwelve months from the date of completion of pleadings under Section 23(4), extendable by six months by consent of the parties
dThere is no statutory time limit for making the award
Answer: C
Section 29A(1), as substituted by the 2019 Amendment, requires the award in a domestic arbitration to be made within twelve months from the date of completion of pleadings under Section 23(4); Section 29A(3) allows a further six months by consent of the parties.
Under Section 31(5) of the Arbitration and Conciliation Act, 1996, after the arbitral award is made:
aA certified copy shall be delivered only to the party in whose favour it is made
bThe award shall be filed in the Court before it is communicated to the parties
cA signed copy of the award shall be delivered to each party
dAn unsigned copy may be sent to the parties' advocates only
Answer: C
Section 31(5) mandates that after the award is made, a signed copy shall be delivered to each party; the Supreme Court has held delivery must be to the party itself, since this triggers limitation under Section 34(3).
An application for setting aside an arbitral award under Section 34 may not be made after three months have elapsed from the date of receipt of the award; however, the Court may, on sufficient cause being shown, entertain the application within a further period of:
aThirty days, but not thereafter
bFifteen days, but not thereafter
cSixty days, but not thereafter
dNinety days, but not thereafter
Answer: A
The proviso to Section 34(3) permits the Court, if satisfied that the applicant was prevented by sufficient cause, to entertain the application within a further period of thirty days, 'but not thereafter', making the outer limit absolute.
Where the time for making an application to set aside an arbitral award under Section 34 has expired, or such application has been refused, the arbitral award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the Court. This is provided in:
aSection 35
bSection 36
cSection 38
dSection 37
Answer: B
Section 36 provides for enforcement of the arbitral award as a decree of the Court under the CPC, 1908, once the time to challenge under Section 34 has expired or such challenge has been refused. (Section 35 deals with finality of awards.)
An appeal lies under Section 37 of the Arbitration and Conciliation Act, 1996 from which of the following orders?
aAn order refusing to refer the parties to arbitration under Section 8
bAll of the above
cAn order setting aside or refusing to set aside an arbitral award under Section 34
dAn order granting or refusing to grant any interim measure under Section 9
Answer: B
Section 37 makes appealable, inter alia, an order refusing to refer parties to arbitration under Section 8, an order under Section 9 granting or refusing interim measures, and an order under Section 34 setting aside or refusing to set aside an award.
In the absence of any agreement between the parties to the contrary, the arbitral proceedings in respect of a particular dispute commence on:
aThe date on which the arbitrator enters upon the reference
bThe date on which the statement of claim is filed before the tribunal
cThe date on which a request for that dispute to be referred to arbitration is received by the respondent
dThe date on which the arbitration agreement was executed
Answer: C
Section 21 provides that, unless otherwise agreed, arbitral proceedings commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.
Which of the following correctly states the position of an agreement entered into by a minor under the Indian Contract Act, as settled in Mohori Bibee v. Dharmodas Ghose?
aIt is void ab initio
bIt is valid but unenforceable until ratified on majority
cIt is voidable at the option of the minor
dIt is enforceable against the minor but not by him
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that a minor, being incompetent to contract under Section 11, makes an agreement that is void ab initio, not merely voidable.
A promise to compensate a person who has already voluntarily done something for the promisor is enforceable even without fresh consideration. This is an exception to the rule that an agreement without consideration is void, contained in:
aSection 68
bSection 23
cSection 10
dSection 25
Answer: D
Section 25 of the Indian Contract Act lays down the exceptions to the rule that an agreement without consideration is void, including compensation for past voluntary services, natural love and affection (written and registered), and a promise to pay a time-barred debt.
Under Section 124 of the Indian Contract Act, a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person is a contract of:
aAgency
bBailment
cGuarantee
dIndemnity
Answer: D
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of any other person.
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain goods bailed to them as security for a general balance of account. This general lien is provided under:
aSection 171
bSection 148
cSection 172
dSection 170
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; Section 170 deals with the particular lien of a bailee.
Section 73 of the Indian Contract Act, which entitles the injured party to compensation for loss arising naturally in the usual course of things from a breach, is regarded as a statutory codification of the rule laid down in:
aHadley v. Baxendale
bCurrie v. Misa
cBalfour v. Balfour
dCarlill v. Carbolic Smoke Ball Co.
Answer: A
Section 73 embodies the rule of remoteness of damage laid down in Hadley v. Baxendale (1854), allowing compensation for loss arising naturally in the ordinary course of things or within the contemplation of the parties.
Under Section 74 of the Indian Contract Act, where a sum is named in the contract as the amount to be paid in case of breach, the aggrieved party is entitled to:
aThe whole of the named sum automatically, irrespective of actual loss
bReasonable compensation not exceeding the sum named, whether or not actual damage is proved
cDouble the named sum as a penalty
dOnly the actual loss, the named sum being wholly irrelevant
Answer: B
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the sum named (or penalty stipulated), regardless of whether actual damage or loss is proved.
'Coercion' under Section 15 of the Indian Contract Act includes the committing or threatening to commit any act forbidden by:
aAny law in force in India
bThe Indian Penal Code
cThe Transfer of Property Act
dThe Specific Relief Act
Answer: B
Section 15 defines coercion as committing or threatening to commit any act forbidden by the Indian Penal Code, or unlawful detaining or threatening to detain any property, with intent to cause a person to enter into an agreement.
Section 27 of the Limitation Act, 1963 embodies which principle in respect of immovable property?
aIt permits the owner to recover possession at any time on payment of mesne profits
bIt extinguishes the right itself once the period for a suit for possession has expired
cIt revives a barred suit for possession upon fresh entry by the owner
dIt merely bars the remedy while preserving the right to the property
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy: where the period to sue for possession expires, the owner's right to the property is itself extinguished.
Under Section 25 of the Limitation Act, 1963, an easement of access of light or air to a building is acquired by prescription when it has been peaceably and openly enjoyed as an easement, as of right and without interruption, for a period of:
aTwenty years
bSixty years
cThirty years
dTwelve years
Answer: A
Section 25 fixes twenty years' uninterrupted enjoyment as of right for acquisition of an easement by prescription (the period is thirty years where the servient property belongs to the Government).
Where a special or local law prescribes for any suit, appeal or application a period of limitation different from that in the Schedule, Section 29(2) of the Limitation Act, 1963 provides that:
aThe longer of the two periods applies in every case
bThe period prescribed by the special or local law applies as if it were the period prescribed by the Schedule
cThe Limitation Act stands wholly excluded for such proceedings
dThe Schedule period under the Limitation Act always prevails
Answer: B
Under Section 29(2), the period fixed by the special or local law applies as if prescribed by the Schedule, and Sections 4 to 24 apply only so far as not expressly excluded by that law.
The benefit of computing limitation from the cessation of disability under Section 6 of the Limitation Act, 1963 is available to a person who, at the time the right to institute a suit accrues, is:
aA pardanashin woman
bAn undischarged insolvent
cA minor, insane, or an idiot
dResiding outside India
Answer: C
Section 6 allows a person who is a minor, insane or an idiot when the right to sue accrues to institute the suit within the same period after the disability ceases.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation shall:
aBe dismissed, although limitation has not been set up as a defence
bBe kept pending until the defendant raises the bar of limitation
cBe returned for presentation to the proper court
dBe entertained only if the defendant fails to plead limitation in the written statement
Answer: A
Section 3 makes dismissal of a time-barred suit, appeal or application mandatory even where limitation is not pleaded as a defence, casting a duty on the court to apply the bar suo motu.
The power to condone delay on proof of 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available in respect of:
aSuits, appeals and applications alike
bSuits only
cSuits and appeals only
dAppeals and applications, but not suits
Answer: D
Section 5 permits extension of the prescribed period for appeals and applications on sufficient cause; it does not apply to suits, for which the bar under Section 3 is absolute.
In Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987) 2 SCC 107, the Supreme Court held that the expression 'sufficient cause' in Section 5 of the Limitation Act, 1963:
aIs adequately elastic and should receive a liberal construction to advance substantial justice
bExcludes the State from its benefit
cMust be construed strictly against the litigant seeking condonation
dCannot cover a delay of only a few days
Answer: A
The Court held that 'sufficient cause' is adequately elastic to enable courts to do substantial justice, and that a justice-oriented, liberal approach should be adopted, treating the State on par with other litigants.
Under the substituted Section 20 of the Specific Relief Act, 1963, where a contract is broken, the aggrieved party may:
aGet the contract performed by a third party or his own agency after notice, and recover the cost from the defaulting party
bForfeit the entire contract price as liquidated damages automatically
cSeek substituted performance only with prior leave of the High Court
dOnly sue for specific performance and never for cost of getting the work done elsewhere
Answer: A
Section 20 (as substituted in 2018) provides for 'substituted performance': after giving not less than thirty days' written notice, the aggrieved party may have the contract performed by a third party or its own agency and recover the expenses from the party in breach.
Section 20A inserted by the Specific Relief (Amendment) Act, 2018 provides that in a suit relating to a contract for an infrastructure project specified in the Schedule, the court:
aShall not grant an injunction where it would cause impediment or delay in the progress or completion of the project
bShall grant an injunction as a matter of right to protect the project
cShall stay the project pending final adjudication
dShall refer the matter to the National Company Law Tribunal
Answer: A
Section 20A bars the grant of an injunction in any suit concerning a Scheduled infrastructure contract where the court is satisfied that the injunction would cause an impediment or delay in the progress or completion of the infrastructure project.
Special Courts to try suits in respect of contracts relating to infrastructure projects under Section 20B of the Specific Relief Act, 1963 are designated by:
aThe Supreme Court of India
bThe Central Government by notification in the Official Gazette
cThe District Magistrate of the concerned district
dThe State Government, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette
Answer: D
Section 20B empowers the State Government, in consultation with the Chief Justice of the High Court, to designate one or more Civil Courts as Special Courts to try suits regarding infrastructure-project contracts.
Under Section 20C of the Specific Relief Act, 1963, a suit filed under the Act is to be disposed of:
aWithin twelve months from the date of service of summons on the defendant, extendable by not more than six months in aggregate for reasons recorded in writing
bWithin six months from the institution of the suit, with no extension
cWithin twelve months, with unlimited extensions at the court's discretion
dWithin three years, in line with the Limitation Act
Answer: A
Section 20C mandates disposal within twelve months from service of summons, extendable for a further period not exceeding six months in aggregate, with reasons recorded in writing. It is a provision for expeditious disposal, not a limitation period.
Under the Commercial Courts Act, 2015 (as amended in 2018), the minimum "Specified Value" of a commercial dispute, below which the Act does not apply, is fixed at not less than:
aRupees ten lakh
bRupees one crore
cRupees fifty lakh
dRupees three lakh
Answer: D
Section 2(1)(i), as amended by the Commercial Courts (Amendment) Act, 2018, defines Specified Value as a value not less than three lakh rupees (reduced from the original one crore rupees).
A suit relating to a commercial dispute that does NOT contemplate any urgent interim relief cannot be instituted unless the plaintiff first exhausts the remedy of pre-institution mediation. This requirement is contained in:
aSection 13 of the Commercial Courts Act, 2015
bSection 89 of the Code of Civil Procedure, 1908
cSection 12 of the Commercial Courts Act, 2015
dSection 12A of the Commercial Courts Act, 2015
Answer: D
Section 12A, inserted by the 2018 Amendment, mandates pre-institution mediation and settlement where the suit does not contemplate any urgent interim relief.
In M/s Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd. (2022), the Supreme Court held that the pre-institution mediation contemplated under Section 12A of the Commercial Courts Act, 2015 is:
aMerely directory, so a suit filed without it is not liable to be rejected
bMandatory, and a suit filed in breach is liable to be rejected under Order VII Rule 11 CPC
cOptional at the discretion of the Commercial Court
dApplicable only to suits of a value exceeding one crore rupees
Answer: B
In Patil Automation (2022) the Supreme Court declared Section 12A mandatory and held that a plaint filed in violation must be rejected under Order VII Rule 11, with prospective effect from 22.08.2022.
Under Section 4 of the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the profits of a business carried on by:
aany one of them acting for himself alone
ba majority of them acting for the rest
call or any of them acting for all
dall of them only, acting jointly
Answer: C
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; this 'acting for all' element imports mutual agency.
Under the Indian Partnership Act, 1932, the receipt by a person of a share of the profits of a business:
aconclusively makes him a partner in the business
bis not by itself conclusive evidence that he is a partner
cmakes him a partner only if he is also a part-owner of the property
dis wholly irrelevant in deciding the existence of partnership
Answer: B
Section 6 directs that the real relation between the parties as shown by all relevant facts determines the existence of partnership, and the sharing of profits, though a relevant indicator, is not by itself conclusive.
A and B carry on a money-lending firm. Without authority from the firm, partner A submits a dispute of the firm to arbitration. With reference to a partner's implied authority under Section 19 of the Indian Partnership Act, 1932, such an act:
abinds the firm only if it relates to immovable property
bis expressly excluded from a partner's implied authority
cbinds the firm as it is within implied authority
dbinds the firm only if done in writing
Answer: B
Section 19(2) provides that in the absence of usage or custom of trade to the contrary, the implied authority of a partner does not empower him to submit a dispute relating to the firm to arbitration.
Section 22 of the POCSO Act, which punishes the making of a false complaint or false information solely to humiliate, extort, threaten or defame, expressly provides that:
aA child who makes a false complaint shall not be punished
bNo false complaint is punishable in any circumstance
cA child who makes a false complaint shall be punished with double the sentence
dOnly adults can ever be prosecuted for any POCSO offence
Answer: A
The proviso to Section 22 exempts a child from punishment where the false complaint or information has been made by the child.
Under Section 29 of the POCSO Act, where a person is prosecuted for an offence under Sections 3, 5, 7 or 9, the Special Court:
aShall presume that such person has committed the offence, unless the contrary is proved
bShall presume guilt only if the accused remains absent
cCannot draw any presumption of any kind
dMust presume the accused innocent and place the entire burden on the prosecution throughout
Answer: A
Section 29 creates a statutory presumption of commission of the offence once the prosecution establishes the foundational facts, shifting the burden to the accused to prove the contrary.
Q198Transfer of Property / Property Law / Easements
Under Section 58 of the Transfer of Property Act, 1882, a mortgage where the mortgagor delivers possession to the mortgagee and authorises him to retain it and receive the rents and profits in lieu of interest or in payment of the mortgage-money, is termed:
aA simple mortgage
bA mortgage by conditional sale
cA usufructuary mortgage
dAn English mortgage
Answer: C
Section 58(d) defines the usufructuary mortgage, in which possession is delivered and the mortgagee enjoys the rents and profits in lieu of interest and/or principal. In a simple mortgage there is no delivery of possession (Section 58(b)).
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