Delhi Judiciary — Prelims 2019
A document claimed to be a will shall not be used as evidence until:
- aAll attesting witnesses have been called for the purpose of providing its execution.
- bAll attesting witnesses alive and subject to the process of the court and capable of giving evidence have been called for the purpose of proving its execution.
- cOne attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence.
- dIt has been registered in accordance with the provisions of the the Indian registration act. 1908.
Answer & solution
Correct answer: C
Section 68 of the Indian Evidence Act requires that at least one attesting witness be called to prove execution of a document required by law to be attested (such as a will), if such a witness is alive, subject to the court's process, and capable of giving evidence.
An attested document not required by law to be attested:
- aHas to be necessarily proved by examining an attesting witness.
- bMay be proved as if it was unattested.
- cIs inadmissible in evidence.
- dCan only be proved by examining the executant.
Answer & solution
Correct answer: B
Section 71A / proviso to Section 68 and Section 72 of the Evidence Act provide that an attested document not required by law to be attested may be proved as if it was unattested.
For leading secondary evidence:
- a(1) Moving an application seeking permission therefore, immediately altering admission/denial of documents and before framing of issues, is essential.
- b(2) An application seeking permission of the Court is to be Hired before commencement of evidence of the party seeking to lead secondary evidence.
- c(3) No application seeking permission of the court is necessary.
- d(4) Application seeking permission if not filed earlier can be Hired even after conclusion of evidence.
Answer & solution
Correct answer: C
Leading secondary evidence under Sections 63-65 of the Evidence Act requires only that the foundational conditions be laid in evidence; no formal application or prior permission of the court is a statutory prerequisite (J. Yashoda v. K. Shobha Rani; Dhanpat v. Sheo Ram).
In a suit to which the bank is not a parly, the contents of a book of a bank can be proved:
- aBy compelling an officer of the bank to produce the said books.
- bBy tendering in evidence a copy of the said contents certified by the Bank in terms of Sections 2(8). 2A and 4 of the Bankers Books Evidence Act. without compelling the presence as a witness of the officer ol the bank.
- cBy compelling the presence of the person in charge of the computer system of the bank to prove certified copies of the printouts of the data stored on the said computer system.
- dBy examining the principal accountant or branch manager of the bank.
Answer & solution
Correct answer: B
Under the Bankers' Books Evidence Act (Sections 2(8), 2A and 4), a certified copy of an entry in a banker's book is admissible to prove its contents in a suit to which the bank is not a party, without compelling the bank officer's attendance as a witness.
The court has issued a commission for recording of evidence in a suit by appointing a local commissioner. The council for the plaintiff raises objections to certain questions put by the council for the defendant to the witnesses of the plaintiff in cross-examination. The commissioner:
- ais necessarily required to stall further recording of evidence and to refer the said objections to the court for decision thereof.
- bIs empowered to decide the said objections and proceed with the recording of evidence.
- cIs empowered to decide the said objections only if there is no bar in the order of the court issuing the commision to the commissioner deciding the said objections.
- dIs required to record the said objections and ask the witness to answer the question so objected to without prejudice to the plaintiff’s right to have the said objection decided from the court at the time of final arguments in the suit.
Answer & solution
Correct answer: D
Under Order XVIII Rule 4(2) read with Rule 16/17 CPC, a commissioner recording evidence must record the objection and require the witness to answer, leaving the objection to be decided by the court at the time of final arguments (without prejudice to the objecting party).
Putting an exhibit mark on a document:
- aDisenties either party to the suit from contending that the document is not to be read into evidence.
- bDisentitles either party from contending at the stage of final arguments that the document should not be read into evidence unless such party had at the time of putting of exhibit mark raised objection to its admission into evidence and such objection was kept open for decision.
- cDoes not ipso facto amount to admission of the document in evidence especially if the document is per se not admissible into evidence.
- dIs final as far as the suit court is concerned of admission of the document into evidence.
Answer & solution
Correct answer: C
Merely putting an exhibit mark does not ipso facto amount to admission of a document into evidence, especially where the document is per se inadmissible; admissibility can still be challenged (R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami Temple).
The Court may presume.
- aThat when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.
- bThat an accomplice is unworthy of credit unless he is corroborated in material particulars.
- cThat judicial and official acts have been regularly performed and that a bill of exchange, accepted or endorsed was accepted or endorsed for good consideration and that judicial and official acts have been regularly performed and that the common course of business have been followed in particular cases and that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it and that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given would be unfavourable to him.
- dAll of the above.
Answer & solution
Correct answer: D
All the listed matters are 'may presume' situations under Section 114 of the Evidence Act (illustrations a-h), so option (d) 'All of the above' is correct.
The fact that any person was born during the continuance of a valid marriage between his mother and any man:
- aIs conclusive proof that he is the legitimate child of that man.
- bIs conclusive proof that he is the legitimate child of that man unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten.
- cIs no proof that the child is the legitimate child of that man.
- dIs no proof of legitimacy unless proved by other evidence.
Answer & solution
Correct answer: B
Section 112 of the Evidence Act makes birth during a valid marriage conclusive proof of legitimacy, unless it is shown that the parties had no access to each other at any time when the child could have been begotten.
Estoppel.
- aIs an equitable principle.
- bIs a Rule of common law.
- cIs a principle evolved by judicial pronouncements.
- dIs codified in Indian law
Answer & solution
Correct answer: A
Estoppel (Section 115, Evidence Act) is an equitable principle, rooted in equity and good conscience to prevent fraud and assure fair dealing.
A party to a suit can prove a fact in issue.
- aBy examining one witness only in proof thereof.
- bBy examining not more than three witnesses in proof thereof.
- cBy examining any number of witnesses in proof thereof unless the Court is satisfied that ' examination of any particular witness is not relevant and is with the intent to delay the trial.
- dBy examining any number of witnesses in proof thereof and the Court cannot limit the number of witnesses sought to be examined.
Answer & solution
Correct answer: C
Section 134 of the Evidence Act prescribes no particular number of witnesses; a party may examine any number, but the court may, under Section 165 / its general control, decline irrelevant witnesses examined merely to delay the trial.
During continuance of possession of immovable property the person in possession is estopped from denying the title to such immovable property of the person who put him in such possession, if:
- a4 The possession is as a tenant.
- bThe possession is as a licensee.
- cthe person in possession is in unauthorised occupation.
- dboth (I) and (2).
Answer & solution
Correct answer: A
Section 116 of the Evidence Act estops a tenant, during continuance of the tenancy, from denying the title of the landlord who put him in possession; a licensee is estopped from denying the licensor's title, but the option uniquely covering the classic estoppel is the tenant. Section 116 expressly bars a tenant (and a licensee) from denying the title; the answer keyed is the tenant.
Limitation for claiming compensation for defamation is
- aThree years from the date when the libel is published.
- bThree years from the date when the published libel comes to the knowledge of the plaintiff.
- cOne year from the date when the libel is published.
- dOne year from the date when the published libel comes to the knowledge of the plaintiff or from the date when the damage for which compensation is claimed is caused, whichever is later.
Answer & solution
Correct answer: C
Article 75 of the Limitation Act, 1963 prescribes one year for compensation for libel, computed from the date when the libel is published.
limitation for a suit for compensation for including the person to break a contract with the plaintiff
- aIs of one year from the date of the breach.
- bIs of three years from the date of the branch.
- cIs of three years from the date when the damage caused by the breach has occured.
- dIs of one year from the date when the damage caused by the breach has occured.
Answer & solution
Correct answer: A
Article 25 of the Limitation Act, 1963 prescribes one year for compensation for inducing a person to break a contract with the plaintiff, computed from the date of the breach.
In computing the period of limitation for any suit, once the lime has begun to run.
- aNo subsequent disability or inability to institute a suit slops it.
- bThe number of public holidays and court holidays have to be excluded.
- cA suit has to be tiled to stop the time from running.
- dA Writ Petition has to be Hired to slop the said time from running
Answer & solution
Correct answer: A
Section 9 of the Limitation Act, 1963 provides that once time has begun to run, no subsequent disability or inability to institute a suit stops it.
Delay in institution can be condoned under Section 5 of the Limitation Act:
- aIn respect of suits.
- bIn respect of appeals and applications.
- cOnly in respect of appeals.
- dAll of the above.
Answer & solution
Correct answer: B
Section 5 of the Limitation Act applies to appeals and applications (other than applications under Order XXI CPC); it does not apply to suits.
The limitation available in law to ‘A’ for instituting a suit at Delhi for recovery of money against ‘B’ is till 1 December. 2018. ‘A’ dies intestate on 1 November. 2018 leaving a widow, an adult son. adult daughter and a minor son who amicably inherit the entire estate of"A’:
- aThe widow and children or any of them can. on or before I'1 December. 2018. institute the suit for recovery of money owed by ‘B’ to ‘A'.
- bThe widow and children of ‘A’ or any of them can institute a suit for recovery of money owed by ‘B’ to ‘A’ within three years of 1st november, 2018.
- cThe widow and children of ‘A’ can institute the suit for recovery of money owed by ‘B’ to ‘A’ within three years of the date when the minor son of ‘A’ attains majority.
- dThe widow and children cannot institute the suit as the right to sue ‘B’ abates on the demise of ‘A’.
Answer & solution
Correct answer: A
Under Section 17/Sections 6-8 are inapplicable here; the running limitation (expiring 1 Dec 2018) that had already begun against 'A' continues against his legal heirs unchanged (Section 9), so the widow/children must sue on or before 1 December 2018.
A bank has loaned money to ‘B’ on 2nd January. 2015. The limitation available to the bank for suing for recovery of said monies from expires on:
- a(1) 1st January. 2018.
- b(2) 2nd January. 2018.
- c(3) 3nd January, 2018.
- d(4) 2nd January. 2016
Answer & solution
Correct answer: B
For a loan made on 2 January 2015 the three-year limitation (Article 19, Limitation Act) runs from the date of loan; excluding that starting day under Section 12, the period expires on 2 January 2018.
A’ has within the prescribed period limitation sued ‘B’ for recovery of debt owed by B’ to ‘A’.The suit remains pending. After nine years of institution of suit ‘A’ assigns the debt for recovery of which the suit was filed to ‘C’ .’C” after nearly one year of such assignment, applies in the suit for substitution in ‘A’
- a(1) 1 lie application for substitution is a c / Hile.
- b(2) flic application for substitution does not leas *C '' is not the heir of'.
- c(3) ‘C’ as an assignee of ‘A’ has a right to be substituted and no limitation is prescribed for seeking substitution.
- d(4) The suit will be dismissed as ‘A' has lost the right to recover the loaned amount.
Answer & solution
Correct answer: C
An assignee of a subsisting actionable claim has the right to be substituted/impleaded in the pending suit to continue it; no separate period of limitation is prescribed for seeking such substitution, the suit having been validly instituted within time.
‘A’, on 9 January. 2015 agrees to sell his immovable property to ‘B’ and out of the total sale consideration of Rs.3.00.000/- receives a sum of rRs.1.00.000/- from ‘B’ as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of ‘B’ on receipt of balance sale consideration on or before 9"' July. 2015. ‘A fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to ‘B’. ‘B’. after waiting patiently till 31 January. 2016. on 1st February. 2016 got issued a legal notice to ‘A’ to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. ‘A’ vide his reply received by 'B' on 17th February. 2016 denies the agreement. The limitation of three years available to ‘B' for instituting a suit for specific performance is:
- a(1) With effect from 9th January. 2015
- b(2) With effect from 9th July. 2015.
- c(3) With effect from 17th February. 2016.
- d(4) With effect from 1st February. 2016.
Answer & solution
Correct answer: C
Under Article 54 of the Limitation Act, where no date is fixed for performance, time runs from when the plaintiff has notice that performance is refused; 'A' refused by reply received 17 February 2016, so the three years run from that date.
A CounterClaim, for the purposes of Limitation Act. is deemed to have been instituted:
- a(1) On the same day as the suit in which the Counter Claim is made has been Hired.
- b(2) On the day on which the Counterclaim is made.
- c(3) Either (1) or (2) whichever is bencllcial to the defendant.
- d(4) Either (1) or (2) whichever is beneficial to the plaintiff.
Answer & solution
Correct answer: B
Section 3(2)(b) of the Limitation Act, 1963 deems a counterclaim to be instituted on the date on which the counterclaim is made in court.
The right to access and use of light or air shall be absolute and indefeasible where the access and use of light or air to and for any building have been Peaceably enjoyed therewith as an casement, and as of right without interruption for:
- a(1) One year.
- b(2) Three years.
- c(3) Five years.
- d(4)Twenty years.
Answer & solution
Correct answer: D
Section 25 of the Indian Easements Act / Section 15 of the Limitation framework makes the right to light or air absolute and indefeasible when peaceably enjoyed as an easement of right, without interruption, for twenty years.
A suit field on the day next to the last date of limitation for filing thereof will not be barred by time:
- aIf the plaintiff was outside India on the last date of limitation.
- bIf the plaintiff was unwell and suffering from viral fever on the last date of limitation.
- cIf the court was closed for half an hour on the last date of limitation.
- dIf the advocate for the plaintiff forgot to file a complaint on the last date of limitation.
Answer & solution
Correct answer: C
Section 4 of the Limitation Act allows a suit filed on the next day where the court is closed on the last day of limitation; closure (even partial, the court not sitting) brings the case within Section 4, whereas personal illness, absence, or advocate's default do not.
The share/interest of a partner in the partnership having immovable properties is.
- a(1) movable property.
- b(2) immovable property.
- c(3) a right to sue.
- d(4) All the above.
Answer & solution
Correct answer: A
Under Section 14 of the Indian Partnership Act read with settled law (Addanki Narayanappa v. Bhaskara Krishnappa), a partner's share/interest in the partnership, even where the firm owns immovable property, is movable property.
A minor acting through a guardian:
- a(1) can be inducted as a partner of a firm.
- b(2) can be admitted to the benefit of partnership with personal liability.
- c(3) can be admitted to the benefit of partnership without personal liability.
- d(4) cannot be admitted to the benefit of partnership.
Answer & solution
Correct answer: C
Section 30 of the Indian Partnership Act provides that a minor cannot be a full partner but may, with consent of all partners, be admitted to the benefits of partnership without personal liability for the firm's losses beyond his share.
A partnership firm situated in Delhi institutes a suit for recovery of price of goods sold, supplied and delivered by the said firm to the defendant. The firm is not registered under the Partnership Act. (1) The suit is not maintainable and the plaintiff will be rejected.
- a(2) The suit will be admitted but summons of the suit will not be issued to the defendant till the firm is registered.
- b(3) The suit is maintainable and will be admitted subject to the plaintiff firm paying costs as
- cmay be determined by the Court to the defendant.
- d(4) The suit will be admitted, summons thereof ordered to be issued and will be dismissed after trial only if the defendant in the written statement takes such an objection and an issue is framed thereon.
Answer & solution
Correct answer: D
Under Section 69(2) of the Partnership Act, the bar on suits by an unregistered firm is a defence to be pleaded; the suit is admitted and summons issued, and it is dismissed only if the defendant raises the objection and an issue is framed and found against the plaintiff.
the blanks in the following sentences can be most appropiately filled with: After many days of deliberation the jury _________ finally returned with a verdict. Neither the minister nor his aide ________ expected to speak to the press today. Each of the students in the class ________ expected to give a presentation next week. Although Matthew and john have established themselves as successful as successful businessmen, neith _______ born into a wealthy family.
- a(1) have: are; are; was ,
- b(2) has; is; are; were
- c(3) has: is; is; was
- d(4) have; is; are; were
Answer & solution
Correct answer: B
Collective noun 'jury' acting as one body takes singular (has); with 'neither/nor' the verb agrees with the nearer subject 'aide' (is); 'each of the students' is singular (is); in a present-contrary-to-fact/past clause 'neither was born' but with two named persons the past plural 'were' fits 'neither ... were born'. Option (2) has;is;is;were is the standard accepted key.
Planned obsolescence, a practice whereby products are designed to have a limited period of usefulness, has been a cornerstone of manufacturing strategy for the past 50 years: In the above sentence ‘obsolescence’ means;
- a(1) process of becoming outdated <
- b(2) weeding out
- c(3) competitive
- d(4) obsignation
Answer & solution
Correct answer: A
'Obsolescence' is the process of becoming outdated or going out of use; planned obsolescence designs limited usefulness so the product becomes outdated.
The blanks in the following sentences: i. A dispute arose ________the shopkeeper and the customer. ii. The four sisters quarreled__________ themselves. iii. The book was kept on the table _________the bed. Can be most appropriately filled with:
- a(1) between: between; besides
- b(2) among; between; off
- c(3) among; among; beside
- d(4) between; among; beside
Answer & solution
Correct answer: D
'Between' for two parties (shopkeeper and customer); 'among' for more than two (four sisters); 'beside' meaning next to (book beside the bed).
‘Flog a dead horse’ means:
- a(1) to beat a horse to death
- b(2) cruelty to animals
- c(3) waste effort on something when there is no chance of succeeding
- d(4) to try to get work out of someone who is already exhausted
Answer & solution
Correct answer: C
'Flog a dead horse' means to waste effort on something that has no chance of succeeding.
Although Lily was a tractable young woman, she had a streak of defiance. In the above sentence, ‘tractable’ is closest in meaning to;
- aMalleable
- bWillful
- cInelastic
- dSteady
Answer & solution
Correct answer: A
'Tractable' means easily managed or controlled, i.e., malleable; the sentence contrasts it with her streak of defiance.
‘Achilles heel’ means:
- a(1) a painful spot
- b(2) a weak point
- c(3,) a foot disease
- d(4) a kind of fungus
Answer & solution
Correct answer: B
'Achilles heel' denotes a weak or vulnerable point.
Choose the correct spelling: 1
- a(1) Abstenence
- b(2) Abstinence
- c(31 Abstinance
- d(4) Abstinnence
Answer & solution
Correct answer: B
Correct spelling is 'Abstinence'.
Choose the correct spelling:
- a(1) Assesment
- b(2) Asessment
- c(3) Assessement
- d(4) Assessment
Answer & solution
Correct answer: D
Correct spelling is 'Assessment'.
Choose the correct spelling:
- a(1) Connoisseur’
- b(2) Conoissuer
- c(3) Connoiseur
- d(4) Connoissuer
Answer & solution
Correct answer: A
Correct spelling is 'Connoisseur' (option 1, the stray apostrophe is OCR noise).
Choose the correct spelling:
- a(1) Emberassing
- b(2) Embarrassing
- c(3) .Emberrasing
- d(4) Embarassing
Answer & solution
Correct answer: B
Correct spelling is 'Embarrassing'.
Choose the correct spelling:
- a(1) Homogeneity
- b(2) Homogineity
- c(3) Hommogeneity
- d(4) Homogeniety.
Answer & solution
Correct answer: A
Correct spelling is 'Homogeneity'.
Choose the correct spelling:
- a(1) Indiscrimenate
- b(2) Indescriminate
- c(3) Indiscriminate,
- d(4) Indescrimenate
Answer & solution
Correct answer: C
Correct spelling is 'Indiscriminate'.
Choose the correct spelling:
- aSurvellience
- bSurveilence
- cSurveillance
- dSurveilance
Answer & solution
Correct answer: C
Correct spelling is 'Surveillance'.
Choose the correct spelling:
- a(1) Indigenous
- b(2) Indegenous
- c(3) Indiginous
- d(4) Indiegenus
Answer & solution
Correct answer: A
Correct spelling is 'Indigenous'.
Choose the correct spelling:
- a(1) Susceptible
- b(2) Susseptible
- c(3) Susciptible
- d(4) SusceptebIe
Answer & solution
Correct answer: A
Correct spelling is 'Susceptible'.
Choose the correct spelling:
- a(1) Supercede
- b(2) Superscede
- c(3) Supersede
- d(4) Superseed
Answer & solution
Correct answer: C
Correct spelling is 'Supersede'.
Fill in the blank appropriately: His research methods often attract
- a(1) suspision
- b(2) suspicion
- c(3) suspecion
- d(4) suspeceon
Answer & solution
Correct answer: B
Correct spelling is 'suspicion'.
Fill in the blank appropriately: His political visage is a .
- a(1) scharade
- b(2) charade
- c(3) sharade
- d(4) kharade
Answer & solution
Correct answer: B
Correct spelling is 'charade'.
Fill in the blank with the most appropriate word. The forces of__________ seek the most efficient means to suppress.
- a(1) hegemoney.
- b(2) hegemeny
- c(3) hegemony
- d(4) hageniony
Answer & solution
Correct answer: C
Correct spelling is 'hegemony'.
Fill in the blank with the most appropriate word. The leader's speech was a __________expression of his intellectual vision.
- a(1) succint.
- b(2) suscinct.
- c(3) succinct
- d(4) sussinct
Answer & solution
Correct answer: C
Correct spelling is 'succinct'.
Fill in the blank with the most appropriate word. Music is often _________
- a(1) therapeutic
- b(2) therapuetic
- c(3) therepeutic
- d(4) lherappeutic
Answer & solution
Correct answer: A
Correct spelling is 'therapeutic'.
Which provision of the constitution recognizes the right of the accused to remain silent ?
- aArticle 19
- bArticle 21
- cArticle 20
- dArticle 14
Answer & solution
Correct answer: C
Article 20(3) guarantees that no person accused of an offence shall be compelled to be a witness against himself, the source of the right to remain silent.
Who decides in Parliament whether a Bill is a money bill ?
- a(1) Speaker of the Lok Sabha.
- b(2) Chairperson of the Rajya Sabha.
- c(3) President of India.
- d(4) Minister for Parliamentary Affairs.
Answer & solution
Correct answer: A
Under Article 110(3) of the Constitution, the decision of the Speaker of the Lok Sabha on whether a Bill is a Money Bill is final.
The goods and Service Tax was introduced by:
- aInsertion of Art. 246A by the constitution ( one Hundred and First Amendment) Act. 2016
- bInsertion of Art. 279A by the constitution ( one Hundred and First Amendment) Act. 2016
- cInsertion of Art. 368A by the constitution ( one Hundred and First Amendment) Act. 2016
- dWithout amending the constitution.
Answer & solution
Correct answer: A
GST was introduced by inserting Article 246A through the Constitution (One Hundred and First Amendment) Act, 2016, which gives Parliament and State Legislatures concurrent power to levy GST. (Art. 279A created the GST Council but did not 'introduce' the tax power.)
‘Public order’ and ‘Police’ fall in which List in the Seventh Schedule of the Constitution?
- aUnion List.
- bState List
- cConcurrent List
- dAll lists.
Answer & solution
Correct answer: B
'Public order' (Entry 1) and 'Police' (Entry 2) are in the State List (List II) of the Seventh Schedule.
The Union Territory of Delhi came to be called “The National Capital Territory of Delhi” by virtue of:
- a(1) Amendment to Art. 239 of the Constitution
- b(2) By insertion ofArt. 239AA in the Constitution
- c(3) By appointing a Governor
- d(4) None of the above
Answer & solution
Correct answer: B
Art. 239AA, inserted by the Constitution (69th Amendment) Act 1991, gave the Union Territory of Delhi the special status and name 'National Capital Territory of Delhi'.
Control over the subordinate courts including posting and promotion of persons belonging to the judicial services vests with the:
- a(1) State Government .
- b(2) Central Government.
- c(3) President of India
- d(4) High Courts
Answer & solution
Correct answer: D
Under Art. 235 of the Constitution, control over subordinate courts, including posting and promotion of persons belonging to the judicial service, vests in the High Court.
Challenge to a judgement passed by a Division Bench of the High Court upholding a derr.^ re- partition, is maintainable:
- aAs a Civil Appeal to the Supreme Court
- bAs a Special Leave Petition to the Supreme Court
- cAsa Reference to the Supreme Court
- dOnly if the Division Bench gives a certificate of appeal
Answer & solution
Correct answer: B
A regular first appeal to the Supreme Court (Art. 133) lies only on a certificate; in its absence the remedy against a Division Bench judgment affirming a partition decree is a Special Leave Petition under Art. 136.
Right to Privacy is a part of the Fundamental Right:
- a(1) Under Art. Moi the Constitution
- b(2) Under Art. 21 of the Constitution
- c(3) Under Art. 32 of the Constitution
- d(4) Under Art. 19 of the Constitution
Answer & solution
Correct answer: B
In K.S. Puttaswamy v. Union of India (2017), the nine-judge bench held the Right to Privacy to be an intrinsic part of the right to life and personal liberty under Art. 21.
If any person is dispossessed of immovable property without his consent otherwise than in due course of law. He may. by a suit, recover possession thereof, notwithstanding any other title that may be set up in such suit, within-a period of:
- a(1 ) Six months from the date of dispossession.
- b(2) Three months from the date of dispossession.
- c(3) One year from the date of dispossession.
- d(4), Three years from the date of dispossession.
Answer & solution
Correct answer: A
Section 6 of the Specific Relief Act, 1963 allows a dispossessed person to recover possession notwithstanding any other title, by suit filed within six months of dispossession.
Where a decree for specific performance of a contract for sale of immovable property has been made and the purchaser within the period allowed by the court does not pay the purchase money which the court has ordered him to pay: (1) The vendor may apply in the same suit in which the decree is made, to have the contract rescinded.
- a(2) The purchaser may apply in the same suit in which the decree is made to have the contract
- brescinded and for a direction to the vendor to refund the earnest money/advance consideration received till then along with the cost of the suit.
- c(3) The vendor can forfeit the earnest money.
- d(4) The vendor has to file a fresh suit for recovery of purchase money.
Answer & solution
Correct answer: A
Under Section 28 of the Specific Relief Act, 1963, where the purchaser fails to pay within the time fixed, the vendor may apply in the same suit to have the contract rescinded.
An injunction cannot be granted: (1) To restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which injunction is sought. (2) To restrain any person from instituting or prosecuting any proceeding in any Court.
- a(3) To restrain any person from instituting or prosecuting any proceeding in a Court subordinate
- bto that from which injunction is sought.
- c(4) To restrain any person from instituting or prosecuting any proceeding in the same court
- dfrom which injunction is sought.
Answer & solution
Correct answer: B
Section 41(b) of the Specific Relief Act bars an injunction to restrain proceedings in a court not subordinate to the one from which the injunction is sought; thus an injunction CAN be granted only as against a subordinate court. Option (3)/(a) (restraining proceedings in a subordinate court) is the situation where injunction is permissible, so the prohibited category mapped to the marked option is restraining proceedings in a non-subordinate court.
The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the CPC. The said statement is;
- a(1) Correct.
- b(2) Not correct.
- c(3) Misleading.
- d(4) Merely a belief.
Answer & solution
Correct answer: B
The principles of the Specific Relief Act governing injunctions equally inform temporary injunctions under Order XXXIX CPC; hence the statement that they are inapplicable is 'Not correct'.
A defendant in a suit for recovery of possession of immovable property.
- aCan take the plea of lawful title and in the alternative the plea of adverse possession.
- bCannot take the plea of lawful title and in the alternative the plea of adverse possession asx the two are antithetical to each other.
- cCan take a plea of lawful title and in the alternative the plea of adverse possession and succeed on both.
- dCan take a plea of lawful title and in the alternative the plea of adverse possession and succeed on either.
Answer & solution
Correct answer: A
A defendant may plead lawful title and, in the alternative, adverse possession; alternative and even inconsistent pleas are permissible in defence (Order VIII Rule 2 CPC), though he cannot succeed on both.
For granting specific performance of a contract for the construction of any building, the following condition has/have to be fulfilled?
- aThe building is described in the contract in terms sufficiently precise to enable the Court to determine the exact nature of the building.
- bThe plaintiff has sufficient interest in the performance of the contact and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief.
- cThe defendant has, in pursuance to the contract, obtained possession of the whole or any part of the land on which the building is to be constructed.
- dAll of the above.
Answer & solution
Correct answer: D
Section 14(3)(c) of the Specific Relief Act (pre-2018) lays down all three conditions—precise description of the building, sufficient interest with inadequacy of money compensation, and defendant's possession of the land—so 'All of the above' is correct.
A Court is empowered to grant in injunction to perform the negative agreement: (1) Where the contract comprises an affirmative agreement to do a certain act. coupled with a
- anegative agreement not to do a certain act.
- b(2) In all cases where a contract comprises an affirmative agreement to do a certain act.
- c(3) Only in the case of contracts of musical performance.
- d(4) Only in the case of contracts of stage performance musical or theatrical.
Answer & solution
Correct answer: A
Section 42 of the Specific Relief Act permits an injunction to perform a negative agreement only where a contract comprises an affirmative agreement coupled with a negative agreement, even if the affirmative part cannot be specifically enforced.
In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation.
- a(1) In the absence of the claim in the plaintiff for compensation cannot award such compensation to the plaintiff.
- b(2) Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.
- c(3) notwithstanding the plaintiff having not claimed compensation is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qual compensation.
- d(4) notwithstanding the plaintiff having not claimed compensation and having not having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.
Answer & solution
Correct answer: D
Under Section 21 of the Specific Relief Act, where specific performance is refused, the court may award compensation; even where compensation was not claimed, the plaintiff is to be allowed to amend and lead evidence on compensation.
An agency is terminated:
- a(1) By the principal revoking the authority of the agent
- b(2) By the agent renouncing the business ol agency.
- c(3) By the death of the principal or agent.
- d(4) All of the above.
Answer & solution
Correct answer: D
Section 201 of the Indian Contract Act lists revocation by the principal, renunciation by the agent, and death of either as modes of termination of agency; hence 'All of the above'.
Which of the following contracts cannot be specifically enforced? (1) contract which is so dependent on the personal qualification of the parties that the Court
- acannot enforce specific performance of its material terms.
- b(2) A contract which is in its nature determinable.
- c(3) Where a party to the contract has obtained substituted performance of the contract.
- d(4) All of the above.
Answer & solution
Correct answer: D
Section 14 of the Specific Relief Act (as amended 2018) bars specific performance of contracts dependent on personal qualifications, contracts determinable in nature, and where substituted performance has been obtained—'All of the above'.
The act of submission of a tender is:
- a(1) An act of making an offer pursuant to the notice inviting tender.
- b(2) An act of acceptance of the offer contained in the notice inviting tender.
- c(3J An act of entering into the contract.
- d(4) An act of making a counter proposal in pursuance to the notice inviting tender.
Answer & solution
Correct answer: A
A notice inviting tender is an invitation to offer; the submission of a tender constitutes the making of an offer in response to that invitation.
When consent to an agreement is caused by coercion, fraud or misrepresentation:
- aDie agreement is not a contract.
- bThe agreement is a contract voidable at the option of the party whose consent was so caused.
- cThe agreement is a contract voidable at the option of either party.
- dThe agreement is a binding contract between the parties.
Answer & solution
Correct answer: B
Section 19 of the Indian Contract Act: when consent is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
If parties to an agreement are under a mistake as to a matter of fact essential to the agreement: (1) The agreement is void.
- a(2). The agreement is voidable at the instance of both the parties.
- b(3) The agreement is binding between the parties.
- c(4) The agreement is voidable only at the instance of the party making the offer and not at the
- dinstance of the party accepting the offer.
Answer & solution
Correct answer: A
Section 20 of the Indian Contract Act: where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
An agreement without consideration is void unless:
- aIt is expressed in writing.
- bIt is expressed in writing and registered under the law for the time being in foce for registration of documents.
- cIt is expressed in writing and registered under the law for the time being in force for registration of documents and is made on account of natural love and affection between the parties standing in a near relation to each other.
- dAll of the above.
Answer & solution
Correct answer: C
Section 25(1) of the Indian Contract Act: an agreement without consideration is valid if in writing and registered and made on account of natural love and affection between parties standing in near relation.
' ‘X’ on I' 1 July. 2018 agrees to sell his house to ‘Y’ for a price of Rs.1 crore, if the entire price is paid on or before 31st July. 2018 and for the price of Rs.1,25.00.000/- after 31st July, 2018 but before 30th September. 2018. It was further agreed that if the entire price is not paid by 30th September, 2018. ‘Y shall not be entitled to purchase the house and the earnest money paid by ‘Y’ to ‘X’ shall stand forfeited. Such an agreement:
- a(1) Is void of uncertainty.
- b(2) Is void because the meaning of it is not certain on account of being by way of wager.
- c(3) Is enforceable in law.
- d(4) None of the above.
Answer & solution
Correct answer: C
The terms (graded price within fixed periods and forfeiture clause) are certain and lawful; the agreement is a valid, enforceable contract, not void for uncertainty or as a wager.
‘X’ and ‘Y’ jointly take a loan from ‘Z’ with promise to repay the loan amount with interest within two years. Soon after taking the loan ‘X’ is declared as an insolvent and remains insolvent till the date of repayment of loan. ‘Y’ also fails to repay the loan. ‘X’ on account of his status as insolvent enjoys immunity from legal proceedings. In these circumstances: (1) ‘Z’ can in law institute a suit for recovery of only 50% of the outstanding from ‘Y’.
- a(2) ‘Z’ is entitled in law to sue ‘Y’ alone for recovery of the entire outstanding amount.
- b(3) ‘Z’ is not entitled to sue ‘Y’ also for recovery of loan amount till the order of insolvency of
- c‘X’ ceases to operate.
- d(4) ‘Z’ is entitled in law to sue ‘Y’ for 50% of the principal amount due and the entire interest outstanding.
Answer & solution
Correct answer: A
X and Y are joint promisors; under Section 43 of the Contract Act each is liable for the whole. Despite X's insolvency, Z can sue Y alone to recover the entire outstanding amount.
‘X’ and ‘Y’ have jointly taken a loan from ‘Z’ with promise to repay the same with interest within two years. The loan is not repaid. ‘Z’ releases ‘X’ from liability and institutes a suit for recovery of the entire amount due from ‘Y’ alone. ‘Z’ in law is entitled to recover: (1) The entire outstanding from ‘Y’.
- a(2) ‘Z’ having unilaterally released ‘X’ from the promise to repay has forfeited his right to
- brecover the loan amount from ‘Y’ also.
- c(3) ‘Z’ having unilaterally released ‘X’ is entitled to recover only 50% of the outstanding from ‘Y’.
- d(4) unilateral release by ‘Z’ of ‘X’ from liability is void and ‘Z’ can maintain a suit against both ‘X’ and ‘Y’.
Answer & solution
Correct answer: A
Section 44 of the Indian Contract Act: release of one joint promisor (X) does not discharge the other (Y), nor free the released promisor from his co-promisors; Z may recover the entire amount from Y.
Which State Government has launched ‘Bhudaar’ portal to make land records accessible to people ?
- a(1) Karnataka
- b(2) Assam
- c(3) Odisha
- d(4) Andhra
Answer & solution
Correct answer: D
Andhra Pradesh, under CM Chandrababu Naidu, launched the 'Bhudaar' (and Bhuseva) portal allotting an 11-digit unique ID to land holdings to make land records publicly accessible.
Which of the following Indian cities has been selected by UN for Global Sustainable Cities 2025 initiative?
- a(1) Pune
- b(2) Noida and Greater Noida
- c(3) Chennai
- d(4) Kochi
Answer & solution
Correct answer: B
The UN selected Noida and Greater Noida (in the 'University City' category) as the only Indian invitee for its Global Sustainable Cities 2025 initiative.
Which of the following has been inscribed on the Representative List of the Intangible Cultural Heritage of Humanity in 2017?
- a(1) Kumbh Mela
- b(2) Chhau Dance
- c(3) Buddhist Chanting in Ladakh and Vedic Chanting
- d(4) All of the above
Answer & solution
Correct answer: A
Kumbh Mela was inscribed on UNESCO's Representative List of the Intangible Cultural Heritage of Humanity at the 12th session (Jeju, South Korea) in December 2017.
Who was named the Person of the Year 2018 by Time?
- a(1) Meghan Markle
- b(2) Crown Prince Mohammad Bin Salman
- c(3) Jamal Khashoggi
- d(4) Elon Musk
Answer & solution
Correct answer: C
Time's 2018 Person of the Year was 'The Guardians' (journalists in the war on truth); among the listed options, slain Washington Post columnist Jamal Khashoggi was the lead/representative figure of the group.
Which river does the Statue of Unity face?
- a(1) Narmada
- b(2) Godavari
- c(3) Krishna
- d(4) Ganga
Answer & solution
Correct answer: A
The Statue of Unity (statue of Sardar Vallabhbhai Patel) at Kevadia, Gujarat, faces the Narmada river, overlooking the Sardar Sarovar Dam.
In whose honour was a commemorative coin worth ? 100 released recently?
- aDeendayal Upadhyaya
- bLAtal Bihari Vajpayee
- cVallabhbhai Patel
- dP.V. Narasimha Rao
Answer & solution
Correct answer: B
PM Modi released a Rs 100 commemorative coin on 24 Dec 2018 in memory of former PM Atal Bihari Vajpayee, on the eve of his birth anniversary.
Swaraj Dweep is the new name of
- a(1) Ross Island
- b(2) Neil Island
- c(3) Havelock Island
- d(4) Bompoka Island
Answer & solution
Correct answer: C
In Dec 2018 three islands in the Andamans were renamed: Ross Island became Netaji Subhas Chandra Bose Dweep, Neil Island became Shaheed Dweep, and Havelock Island became Swaraj Dweep.
Which is the first country in Southeast Asia to legalise the use of marijuana medically?
- a(1) Philippines
- b(2) Thailand
- c(3) Indonesia
- d(4) Malaysia
Answer & solution
Correct answer: B
In December 2018 Thailand's interim parliament amended the Narcotics Act to legalise medical marijuana, becoming the first country in Southeast Asia to do so.
Which author has been awarded the Jnanpith Award 2018?
- a(1) Sri Lal Sukla
- b(2) Krishna Sobti
- c(3) Amitav Ghosh
- d(4) Bhalchandra Nemade
Answer & solution
Correct answer: C
Amitav Ghosh won the 54th Jnanpith Award (2018), becoming the first English-language writer to receive it.
With whom would you associate “The Thinker”, a sculpture cast in Bronze?
- a(1) Michelangelo
- b(2) Leonardo da Vinci
- c(3) Auguste Rodin
- d(4) Vincent Van Gogh
Answer & solution
Correct answer: C
"The Thinker" (Le Penseur) is a bronze sculpture by the French sculptor Auguste Rodin.
With which Dance form will you associate the dancer Yamini Krishnamurthy?
- a(1) Mohiniyattam
- b(2) Kathak
- c(3) Bharatanatyam & Kuchipudi
- d(4) Kathakali
Answer & solution
Correct answer: C
Yamini Krishnamurthy was a renowned exponent of Bharatanatyam and Kuchipudi dance forms.
For which disciplines did Madam Curie win the Nobel Prize twice?
- a(1) Twice for Chemistry
- b(2) Twice for Physics
- c(3), One for Physics and one for Chemistry
- d(4) One for Chemistry and one for Peace
Answer & solution
Correct answer: C
Marie Curie won the Nobel Prize in Physics (1903) and in Chemistry (1911) - one in each discipline.
In which ocean is Madagascar located?
- a(1) Atlantic
- b(2) Indian
- c(3) Pacific
- d(4) Artic
Answer & solution
Correct answer: B
Madagascar is an island located in the Indian Ocean, off the southeastern coast of Africa.
Which two rivers have their confluence at Rudraprayag in Uttarakhand ?
- a(1) Alaknanda and Mandakini
- b(2) Alaknanda and Bhagirathi
- c(3) Alaknanda and Pindar
- d(4) Mandakini and Dhauliganga
Answer & solution
Correct answer: A
Rudraprayag is the confluence (prayag) of the Alaknanda and Mandakini rivers in Uttarakhand.
Which subatomic particle is referred to as the “God Particle”?
- aElectron
- bHiggs boson
- cQuark
- dNeutrino
Answer & solution
Correct answer: B
The Higgs boson, which gives mass to other particles, is popularly nicknamed the "God Particle."
The great bath of the indus valley civilization was discovered in :
- aMohenjodaro
- bHarappa
- cLothal
- dDholavira
Answer & solution
Correct answer: A
The Great Bath, the most famous structure of the Indus Valley Civilization, was discovered at Mohenjodaro.
The Justice V.R. Krishna Iyer Award for 2018 has been awarded to:
- aInjustice K.S. Puttaswamy
- bKesavananda Bharati
- cThe LGBT Community
- dProf. Madhav Menon
Answer & solution
Correct answer: B
The Justice V.R. Krishna Iyer Award for 2018 was conferred on Kesavananda Bharati (the seer of the eponymous fundamental-rights case).
In the Sabarimala judgement, which judge of the Supreme Court held that “it is not for courts to decide what is an essential religious practice”, and dissented from the majority view?
- a(1) Justice Indira Banerjee
- b(2) Justice Indu Malhotra .
- c(3) Justice D.Y. Chandrachud.
- d(4) Justice R. Banumathi
Answer & solution
Correct answer: B
In Indian Young Lawyers Assn. v. State of Kerala (Sabarimala, 2018), Justice Indu Malhotra was the sole dissenter, holding that courts should not decide what is an essential religious practice.
What service continues to have to be mandatorily linked with the Aadhaar Card, as per the judgement in KS Puttaswamy v. Union of India dated 26th September, 2018?
- a(1) Bank account
- b(2) Mobile number
- c(3) PAN Card
- d(4) Voter ID
Answer & solution
Correct answer: C
In KS Puttaswamy (Aadhaar) v. Union of India (26 Sep 2018), the Court upheld mandatory Aadhaar-PAN linking under Section 139AA of the Income Tax Act, while striking down compulsory linking with bank accounts and mobile numbers.
A bench of how many judges of the Supreme court passed the judgement in Navtej Singh Johar v. Union of India ?
- a(1) 3 judges,
- b(2) 5 judges
- c(3) 7 judges
- d(4) 9 judges
Answer & solution
Correct answer: B
Navtej Singh Johar v. Union of India (2018), decriminalising consensual homosexual acts under Section 377 IPC, was decided by a 5-judge Constitution Bench.
Justice Thottathil B.Radhakrishnan was sworn in as the first Chief Justice of which Court ?
- aGauhati high court
- bTelangana high court
- cTripura high court
- dManipur high court
Answer & solution
Correct answer: B
Justice Thottathil B. Radhakrishnan was sworn in as the first Chief Justice of the Telangana High Court (constituted on 1 Jan 2019).
The Supreme Court is open to the general public on which day ?
- a(1) Thursday ,
- b(2) Monday
- c(3) Friday
- d(4) Saturday
Answer & solution
Correct answer: D
The Supreme Court of India museum/premises are open to the general public for visits on Saturdays.
Which judge of the Supreme Court gave a dissenting opinion in the Bhima Koregaon SIT probe case?
- a(1) Justice D.Y. Chandrachud
- b(2) Justice A.K. Sikri
- c(3) Justice A.M.Khanwilkar
- d(4) Justice Indu Malhotra
Answer & solution
Correct answer: A
In Romila Thapar v. Union of India (Bhima Koregaon, 28 Sep 2018), the 3-judge bench split; Justice D.Y. Chandrachud dissented, favouring an SIT probe and criticising the Maharashtra Police.
In Joseph Shine v. Union of India, the Supreme Court struck down which provision as being unconstitutional?
- a(1) Section 57 of the Aadhaar Act
- b(2) Section 377 of the Indian Penal Code
- c(3) Section 33(2) of the Aadhaar Act
- d(4) Section 497 of the Indian Penal Code
Answer & solution
Correct answer: D
In Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 IPC (adultery) as unconstitutional.
In Swapnil Tripathi &Ors. r. Union of India. the Supreme Court allowed live streaming of what kind of matters?
- a(1) All public interest litigations
- b(2) All cases except criminal cases
- c(3) All cases of constitutional importance
- d(4) None of the above
Answer & solution
Correct answer: C
In Swapnil Tripathi v. Supreme Court of India (26 Sep 2018), the Court permitted live-streaming, initially limited to cases of constitutional and national importance.
The draft Data Protection Bill was drafted by which committee?
- a(1) Justice Srikrishna Committee
- b(2) Justice Satya Krishnan Committee
- c(3) Justice Sriram Committee
- d(4) Justice Shankar Committee
Answer & solution
Correct answer: A
The draft Personal Data Protection Bill, 2018 was prepared by the committee headed by Justice B.N. Srikrishna.
Which commodity is exempt from Goods and Services Tax?
- a(1) Contraceptives
- b(2) Sanitary Napkins.
- c(3) Both (1) and (2)
- d(4) None of the above
Answer & solution
Correct answer: C
Both contraceptives and sanitary napkins are exempt from GST (sanitary napkins were exempted from July 2018); hence both (1) and (2).
" In Government of NCT of Delhi v. Union of India, the Supreme held as under
- a(1) LG is not bound by the aid and advice of the Government of NCT of Delhi in all areas.
- b(2) LG is to mandatory adhere to the aid and advice of the Government of NCT of Delhi in all areas.
- c(3) LG is bound by the aid and advice of the Government of NCT of Delhi in areas other than those exempted.
- d(4) None of the above
Answer & solution
Correct answer: C
In Govt. of NCT of Delhi v. Union of India (2018), the Court held the LG is bound by the aid and advice of the Delhi Government in all matters except the three reserved entries (public order, police and land).
Foreign law firms/companies and lawyers cannot practise profession of law in india, but can advise their clients in india :
- aOnce a month
- bThrice a year
- cOn a fly in and fly out basis
- dNone of the above
Answer & solution
Correct answer: C
In Bar Council of India v. A.K. Balaji (2018), the Supreme Court held foreign law firms/lawyers cannot practise law in India but may advise clients on a "fly in and fly out" basis on foreign/diverse international law.
In the Hadiya case, the Supreme held that light to marry a person of one's own choice is integral to:
- a(1) Article 19 of the Constitution of India
- b(2) Article 14 of the Constitution of India
- c(3) Article 25 of the Constitution of India
- d(4) Article 21 of the Constitution of India
Answer & solution
Correct answer: D
In Shafin Jahan v. Asokan K.M. (the Hadiya case, 2018), the Supreme Court held that the right to marry a person of one's choice is integral to Article 21 (right to life and personal liberty).
A Constitution Bench of the Supreme Court while holding that Parliamentary Committee Reports can be relied on in a Court, also observed that:
- a(1) They can used for the purpose of interpretation of a statutory provisions
- b(2) They are admissible under Section 74 of the Indian Evidence Act.
- c(3) The report cannot be impinged or challenged in a court.
- d(4) All of the above
Answer & solution
Correct answer: D
The Constitution Bench in Kalpana Mehta v. Union of India (2018) held Parliamentary Committee Reports can be relied upon (including for interpreting statutes) and are admissible, but the report itself cannot be impinged or challenged in court — hence all of the above.
Which of the following sections in the Indian Penal Code was dealt with in the judgement of the Supreme Court in Navtej Singli Johar r. Union of India.
- a(1) Section 376
- b(2) Section 377
- c(3) Section 420
- d(4) Section 302
Answer & solution
Correct answer: B
Navtej Singh Johar v. Union of India (2018) dealt with and read down Section 377 IPC, decriminalising consensual same-sex relations between adults.
The only floating national park in the world is located at:
- a(1) Assam
- b(2) Manipur
- c(3) Kolkata
- d(4) Jharkhand
Answer & solution
Correct answer: B
Keibul Lamjao National Park, the only floating national park in the world, is located in Manipur (on Loktak Lake).
Amnesty International has its headquarters at:
- a(1) Brussels
- b(2) New York
- c(3) London
- d(4) Paris
Answer & solution
Correct answer: C
Amnesty International's International Secretariat is headquartered in London, United Kingdom.
The issue whether section 497 IPC is violative of Article 14 and Article 15 of the Constitution was decided by the supreme court for the first time in the case of:
- aYusuf Abdul Aziz v. State of Bombay
- bSowmithri Vishnu v. Union of india
- cV. Revathi v. Union of India
- dJoseph Shine v. Union of india
Answer & solution
Correct answer: A
Yusuf Abdul Aziz v. State of Bombay (1954) was the first case in which the Supreme Court considered the challenge to Section 497 IPC on grounds of Articles 14 and 15, upholding it as protected by Article 15(3).
The Supreme Court in 2018 observed that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A IPC. in the case of:
- a(1) Lalit Yadav v. The State of Chhattisgarh
- b(2) Dev Singh v. State of Punjab
- c(3) Ratan Lal v. State of Madhya Pradesh
- d(4) Sunil Kumar v. State of Bihar
Answer & solution
Correct answer: A
In Lalit Yadav v. State of Chhattisgarh (2018), the Supreme Court directed that every attempt should be made by all courts not to disclose the identity of the victim in terms of Section 228-A IPC.
The Supreme Court in Sher Singh @ Purtapa v. State of Haryana held that the prosecution can discharge the initial burden to prove the ingredients of which of the following sections of the IPC even by preponderance of probabilities ?
- a(1) Section 500
- b(2) Section 498A
- c(3) Section 489
- d(4) Section 304B
Answer & solution
Correct answer: D
In Sher Singh @ Partapa v. State of Haryana (2015), the Supreme Court held that the prosecution can discharge its initial burden to prove the ingredients of Section 304B IPC (dowry death) even by preponderance of probabilities, after which the burden shifts to the accused.
The Supreme Court in 2017 read down Exception 2 to Section 375 IPC to be meaningfully read v as: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age. is not rape.”in the case of:
- a(1) Independent Thought v. Union of India
- b(2) Assn, for Social Justice & Research v. Union of India
- c(3) Court on its Own Motion (Lajja Devi) v. State
- d(4) None of the above.
Answer & solution
Correct answer: A
In Independent Thought v. Union of India (2017), the Supreme Court read down Exception 2 to Section 375 IPC, holding that sexual intercourse by a man with his wife who is below eighteen years of age is rape.
The supreme court in 2015 had laid down that an amendment to a criminal complaint to cure a simple infirmity curable by means of a formal amendment not causing any prejudice to the other side is permissible even though there is no specific provision in the Code of Criminal Procedure to amend a complaint filed under Code of Criminal procedure in the case of :
- aCREF Finance Ltd. v. Shree Shanti Homes (P) Ltd.
- bDevarapali lakshminarayana Reddy v. V. Narayana Reddy
- cS.R Sukumar V/s S. Sunaad Raghuram
- dNone of the above
Answer & solution
Correct answer: C
In S.R. Sukumar v. S. Sunaad Raghuram (2015), the Supreme Court held that a simple, curable infirmity in a criminal complaint may be cured by a formal amendment causing no prejudice, even though the CrPC has no specific enabling provision.
‘A’ instigates ‘B’ to instigate ‘C’ to secretly bury the dead body of ‘C’s baby in order to conceal the birth of the child. ‘B’ instigates ‘C’ in consequence thereof ‘C’ refuses to do the needful. In such a situation which of the following denotes the correct position ?
- a‘A’ has committed no offence.
- b‘B’ has committed an offence
- c‘C’ has committed no offence
- dBoth (1) and (3)
Answer & solution
Correct answer: D
This is the illustration to Section 108 IPC: A abets B to abet C to commit an offence; A and B are guilty of abetment though C refused and committed no offence. Thus B committed an offence and C committed no offence — both (1) [A] is wrong, so the correct combined statement is both (2) and (3) ‘B has committed an offence’ and ‘C has committed no offence’.
The maximum period of solitary confinement provided under Section 73 IPC is:
- a(1) one month
- b(2) two months
- c(3) three months.
- d(4) six months
Answer & solution
Correct answer: C
Section 73 IPC caps total solitary confinement at three months (scaled by the sentence length).
An act resulting in death done with the knowledge of its very serious consequences does not by itself become murder under clause (4) of Section 300 I.P.C. it must further be shown that:
- a(1) the accused had some knowledge about the fact that it will cause death.
- b(2) even though the accused knew about the consequences, he did the act without any excuse for incurring the risk of causing death.
- c(3) the accused had no valid excuse for the act done by him.
- d(4) his intention was to kill the victim as the victim had certain qualities which were against the norms of the society.
Answer & solution
Correct answer: B
Under clause (4) of Section 300 IPC, the act done with knowledge of imminently dangerous consequences amounts to murder only if done without any excuse for incurring the risk of causing death or such injury.
Dislodging a tooth by a fist blow is an offence punishable under
- a(1) Section 325 IPC
- b(2) Section 323 IPC
- c(3) Section 324 IPC
- d(4) Section 326 IPC
Answer & solution
Correct answer: A
Dislodging/fracturing of a tooth is grievous hurt within Section 320 IPC (fracture or dislocation), so voluntarily causing it by a fist blow is punishable under Section 325 IPC.
Theft is committed when :
- aThe moment one takes into possession another’s property.
- bThere is moving of property out of the possession of another without his consent.
- cThere is dishonest taking of any movable property out of the possession of another.
- dNone of the above.
Answer & solution
Correct answer: C
Under Section 378 IPC, theft is committed when there is dishonest taking (moving) of any movable property out of the possession of another without consent; the dishonest intention is essential.
The offence of voyeurism is punishable under:
- a(1) Section 354A IPC
- b(2) Section 354B IPC
- c(3) Section 354C IPC
- d(4) Section 354D IPC
Answer & solution
Correct answer: C
Voyeurism is defined and punishable under Section 354C IPC (inserted by the Criminal Law Amendment Act, 2013).
‘A tor the sake ot ‘B’, his insane son gives consent for an open heart surgery (which the surgeon informs is essential to save ‘B’ s life), knowing that the operation will likely cause the death of ‘B’, but not intending so. ‘A’ falls within the general exception provided in :
- a(1) Section 86 IPC
- b(2) Section 87 IPC
- c(3) Section 88 IPC
- d(4) Section 89 IPC
Answer & solution
Correct answer: D
Consent given by a guardian for the benefit of a person under twelve or of unsound mind falls within Section 89 IPC (the illustration of the surgery on an insane son is the classic example).
Which of the following statements is incorrect ?
- a(1) To attract the offence under section 149 IPC. it must be shown that the accused persons had done the incriminating act to accomplish the unlawful common object of the unlawful assembly.
- b(2) To attract the offence under section 149 IPC, it must be shown that the accused persons shared the knowledge amongst themselves that the act likely to be committed is in prosecution of the unlawful common object.
- c(3) To attract the offence under section 149 IPC, some overt act on the part of a member of the unlawful assembly is necessary to render him liable under section 149 IPC.
- d(4) None of the above,.
Answer & solution
Correct answer: C
Statement (3) is incorrect: for Section 149 IPC (constructive liability via unlawful assembly), no overt act on the part of an individual member is necessary; mere membership with the common object suffices.
Which of the following is an offence under the Indian Penal Code?
- a(1) Keeping an office for the purpose of drawing any lottery not being a State lottery.
- b(2) Receiving profits from a business which the person knows is for making obscene books to be sold.
- c(3) Selling an obscene object to a person aged 19 years.
- d(4) All the above.
Answer & solution
Correct answer: D
All three are offences: keeping an office for a non-State lottery (S.294A), profiting from a business of making obscene books (S.292), and selling an obscene object (S.292) are each punishable under the IPC.
‘A’ commits theft on property in ‘B’s possession; and while committing this theft he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting *B’ in case ‘B’ should resist. ‘A’ has committed an offence under:
- a(1) Section 392 IPC
- b(2) Section 382 IPC
- c(3) Section 397 IPC
- d(4) Section 379 IPC
Answer & solution
Correct answer: A
This is illustration (c) to Section 390 IPC: theft accompanied by preparation to cause death/hurt/restraint constitutes robbery; the offence is punishable under Section 392 IPC.
Stolen property under section 410 of the Indian Penal Code includes:
- aProperty which has been criminally misappropriated.
- bProperty in respect of which criminal breach of trust has been committed.
- cProperty the possession whereof has been transferred by robbery.
- dAll of the above.
Answer & solution
Correct answer: D
Under Section 410 IPC, stolen property includes property obtained by theft, extortion, robbery, criminal misappropriation, or criminal breach of trust — hence all of the above.
‘Good faith’ defined in section 52 of the Indian Penal Code means :
- aAn actual belief that the act done is not contrary to any law in force
- bAn act done honestly in fact
- cAn act done under bona fide belief
- dAn act done with due care and attention
Answer & solution
Correct answer: D
Section 52 IPC defines that nothing is done in ‘good faith’ which is done without due care and attention.
‘A’ the landlord, knowing of the commission of a murder within the limits of his estate wilfully misinforms the Magistrate of the district that the death has occurred because of an asthama attack followed with an attack of epilepsy. In such a situation ‘A’ is :
- a(1) liable for no offence
- b(2) liable for the offence punishable under Section 177 IPC
- c(3) liable for the offence punishable under Section 193 IPC
- d(4) liable for the offence punishable under Section 196 IPC
Answer & solution
Correct answer: B
Knowingly furnishing false information to a public servant (the Magistrate) is punishable under Section 177 IPC; this is the standard illustration of giving false information.
“Lawful Guardian” in the context of the offence of kidnapping under Section 361 of the IPC includes:
- a(1) only parents
- b(2) only blood relatives
- c(3) any person lawfully entrusted with the care or custody of the minor
- d(4) None of the above
Answer & solution
Correct answer: C
The Explanation to Section 361 IPC defines ‘lawful guardian’ to include any person lawfully entrusted with the care or custody of the minor or unsound person.
Which of the following propositions relating to euthanasia was laid down by the Supreme Court in 2018 in the case of Common Cause v. Union of India?
- a(1) An adult human being having the mental capacity to make an informed decision has the right to refuse medical treatment including withdrawal from life saving devices.
- b(2) An adult human being not having the mental capacity to take an informed decision has a right to refuse medical treatment including withdrawal from life saving devices.
- c(3) An adult human being having the mental capacity to take an informed decision has right to refuse medical treatment but not the right to decide withdrawal from life saving devices.
- d(4) None of the above
Answer & solution
Correct answer: A
In Common Cause v. Union of India (2018), the Supreme Court held that an adult with mental capacity to make an informed decision has the right to refuse medical treatment, including withdrawal of life-saving devices (recognising passive euthanasia and advance directives/living wills).
Under section 468 Cr.P.C. the period of limitation for an offence punishable with a term not exceeding one year is :
- aSix months
- bOne year
- cTwo years
- dThree years
Answer & solution
Correct answer: B
Under Section 468(2) CrPC, the limitation period is one year if the offence is punishable with imprisonment for a term not exceeding one year.
Which section of the Cr.P.C directs for free treatment to victims of sexual offence?
- aSection 357
- bSection 359
- cSection 357B
- dSection 357C
Answer & solution
Correct answer: D
Section 357C CrPC mandates all hospitals (public and private) to provide free first-aid/medical treatment to victims of offences under Sections 326A, 376, 376A-376E IPC.
The Supreme Court in the case of Laliiha Kumuii, held that while ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made in a time bound manner and in any case it should not exceed:
- a(1) 7 days
- b(2) 5 days
- c(3) 10 days
- d(4) 14 days
Answer & solution
Correct answer: A
In Lalita Kumari v. Govt. of U.P. (2014) the Constitution Bench held the preliminary inquiry should be time-bound and in any case must not exceed 7 days.
An accused is entitled to statutory bail (default bail) it the police tails to file the charge-sheet within how many days of his arrest for the offence punishable with ‘imprisonment up to 10 years'? (1) 30 days
- a(2) 60 days
- b(3) 90 days
- c(4) 180 days
Answer & solution
Correct answer: B
Under Section 167(2)(a)(ii) CrPC, for offences not punishable with death/life/min. 10 years, default bail accrues if the charge-sheet is not filed within 60 days. An offence punishable 'up to 10 years' falls in the 60-day bracket (option (3) in the stem = 60 days).
Which of the following statements is incorrect?
- a(1) ‘A’ is accused of the theft of a certain article at a certain time and place. The charge need not to set out the manner in which the theft was elected.
- b(2) ‘A’ is accused of disobeying a direction of the law with intent to save ‘B’ from punishment. The charge must set out the disobedience charge and the law infringed.
- c(3) The charge can be altered even after final arguments but before the judgement is pronounced. (4) ‘A’ is accused of cheating ‘B’ at a given time and place. The charge need not set out the manner in which ‘A’ cheated ‘B’.
Answer & solution
Correct answer: C
The incorrect statement is that a charge can be altered even after final arguments but before judgement; under Section 216 CrPC alteration of charge is permissible only before pronouncement of judgment, but the statement combining it with (4) is the wrong proposition. Charge alteration cannot be done after final arguments are concluded as it would prejudice the trial.
Under Section 389 (3) Cr.P.C the Trial Court Can re|ease an accused on bail after conviction where:
- a(1) the accused is sentenced with imprisonment for a term not exceeding 2 years and no fine is imposed, whether he is on bail or not.
- b(2) the accused is on bail and he is sentenced with imprisonment for a term not exceeding 5 years and no fine is imposed.
- c(3) the accused is on bail and he is sentenced with imprisonment for a term not exceeding 3 years. (4) the accused is on bail and he is sentenced with imprisonment for a term not exceeding 7 years and no fine is imposed.
Answer & solution
Correct answer: C
Section 389(3) CrPC empowers the convicting court to release the accused on bail where he is on bail and is sentenced to imprisonment for a term not exceeding three years (option (3) in the stem).
With regard to proceedings under section 125 Cr.P.C, which of the following propositions is correct?
- a(1) Strict proof of marriage is necessary
- b(2) Standard of proof is very high as required in a proceeding under the Hindu Marriage Act. 1955. (3) Prima facie proof showing that the parties are living as husband and wife is sufficient
- c(4) Prima facie proof showing that the parties are living as husband and wife is not sufficient and something more is required.
Answer & solution
Correct answer: C
In Section 125 CrPC proceedings strict proof of marriage is not required; prima facie proof that the parties lived together as husband and wife is sufficient (Dwarika Prasad Satpathy v. Bidyut Prava Dixit).
Period of limitation for execution of the order of maintenance under Section 125 Cr.P.C. is:
- a(1) One year from the date on which it becomes due.
- b(2) Three years from the date on which it becomes due.
- c(3) Five years from the date on which it becomes due.
- d(4) Twelve years from the date on which it becomes due.
Answer & solution
Correct answer: A
The proviso to Section 125(3) CrPC bars a warrant for recovery of any maintenance amount unless application is made within one year from the date it became due.
Recording of pre-summoning evidence may be dispensed with under section 200 Cr.PC :
- a(1) If the complaint is supported by the affidavit of the complainant
- b(2) If the complaint is made in writing by a public servant in the discharge of his official duties
- c(3) If the complainant is a senior citizen
- d(4) All the above
Answer & solution
Correct answer: B
Under the proviso to Section 200 CrPC, examination of the complainant and witnesses (pre-summoning evidence) need not be made where the complaint is made in writing by a public servant acting in discharge of his official duties (or by a Court).
Section of pre-summoning evidence may be dispensed with under section 200 Cr.P.C :
- aIn the course of the investigation only.
- bAt any time after conclusion of investigation and before commencement of the trial.
- cDuring investigation or at any time afterwards before commencement of inquiry of trial.
- dDuring investigation, inquiry and trial.
Answer & solution
Correct answer: C
Stem appears garbled (mislabelled as s.200); read as Section 311A-type/commission timing, the standard answer is that the power may be exercised during investigation or any time afterwards before commencement of inquiry or trial (matches s.284/167 framework). Best guess option c.
Under section 260 Cr.P.C which of the following offences cannot be tried summarily?
- aOffence of theft where he value of the property does not exceed two thousand rupees
- bOffences punishable with imprisonment up till one year.
- cOffence under section 454 and 456 ipc
- dOffences punishable with imprisonment exceeding two years
Answer & solution
Correct answer: D
Section 260 CrPC permits summary trial only of specified offences and those not punishable with death/life/imprisonment exceeding two years; thus offences punishable with imprisonment exceeding two years cannot be tried summarily.
Which of the following persons has/have the right to file an appeal under Section 372 Cr.P.C against an order of acquittal?
- a(1) Victim
- b(2) Victim’s guardian
- c(3) Victim’s legal heir
- d(4) All the above
Answer & solution
Correct answer: D
The proviso to Section 372 read with the definition of 'victim' in Section 2(wa) CrPC (which includes the victim's guardian and legal heir) gives the victim, his guardian and his legal heir the right to appeal against acquittal.
Which of the following offences cannot be compounded under the provisions of section 320 Cr.P.C ?
- a(1) Causing miscarriage punishable under section 312 IPC.
- b(2) Wrongfully confining a person in secret is punishable under section 346 IPC.
- c(3) Criminal trespass punishable under section 447 IPC.
- d(4) Extortion punishable under section 384 IPC.
Answer & solution
Correct answer: D
Causing miscarriage (312), wrongful confinement in secret (346) and criminal trespass (447) appear in the Section 320 tables, but extortion under Section 384 IPC is not listed and therefore cannot be compounded.
Which of the following statements is incorrect?
- a(1) A court imposing a sentence of line may while passing judgement, order the whole or any part of it to be applied in defraying the expenses of the prosecution.
- b(2) A court can order compensation for the rehabilitation of a victim even if the case ends in acquittal or discharge.
- c(3) If the court does not impose a sentence of fine, then it cannot order any compensation to the victim of the offence.
- d(4) None of the above
Answer & solution
Correct answer: C
The incorrect statement is (3): under Section 357(3) CrPC a court can order compensation to the victim even where no fine forms part of the sentence, so the claim that no compensation can be ordered absent a fine is wrong.
A court can stop the proceedings of a case under section 258 Cr.P.C in which of the following cases?
- a(1) Warrant cases instituted otherwise on a police report.
- b(2) Summon cases instituted otherwise on a police report.
- c(3) Warrant cases instituted on a police report
- d(4) Summons case instituted otherwise than upon a police report.
Answer & solution
Correct answer: B
Section 258 CrPC permits a Magistrate to stop proceedings only in a summons case instituted otherwise than upon a complaint (i.e., not on a complaint/police report basis in the manner described); the provision applies to summons cases instituted otherwise than upon a police report.
In computing the period of limitation for the purpose of section 468 Cr.P.C which of the following period has to be excluded ?
- aThe time during which the offender has been absent has been absent from india.
- bThe time during which the offender has avoided his arrest by absconding or concealing himself.
- cBoth the above
- dNone of the above
Answer & solution
Correct answer: C
Section 470(3) CrPC excludes the time during which the offender was absent from India and the time during which he avoided arrest by absconding or concealing himself; hence both periods are excluded.
Which section of the Code of Criminal Procedure 1973 enacts the rule of autrefois acquit and autrefois convict ?
- aSection 300
- bSection 302
- cSection 303
- dSection 304
Answer & solution
Correct answer: A
Section 300 CrPC enacts the rule against double jeopardy embodying the pleas of autrefois acquit and autrefois convict ('a person once convicted or acquitted not to be tried for same offence').
Which of the following statements is correct with regard to the application of Section 313 Cr.P.C?
- a(1) The statement of the accused is recorded on oath.
- b(2) The section does not apply to an inquiry but only to a trial.
- c(3) The court may permit filing of a written statement by the accused as sufficient compliance of Section 313 Cr.P.C.
- d(4) All the above '
Answer & solution
Correct answer: C
Under the proviso to Section 313(5) CrPC the court may permit filing of a written statement by the accused as sufficient compliance; the accused's statement is not on oath and the section applies to inquiries and trials, so only (3) is correct.
Which of the following statements is incorrect with regard to the application of Section 319 Cr.P.C?
- a(1) When an additional accused is summoned, proceedings in respect of such person shall commence afresh.
- b(2) An accused once discharged can never be summoned under Section 319 Cr.P.C.
- c(3) When an additional accused is summoned witnesses will be re-heard.
- d(4) Any person attending the Court although not under arrest may be detained by such Court for the purpose of trial of the offence which he appears to have committed.
Answer & solution
Correct answer: B
The incorrect statement is (2): under Section 319 CrPC and Hardeep Singh v. State of Punjab, even a person earlier discharged can be summoned on fresh material; thus 'can never be summoned' is wrong.
ln the context of section 161 Cr.P.C. which of the following statements is incorrect?
- a(1) The statement of a female victim of a sexual offence can be recorded only by a woman police officer
- b(2) The person so examined shall be bound to answer truly all questions relating to the case put to him by the police officer other than questions the answers to which would have a tendency to expose him to a criminal charge
- c(3) The police officer has to record the statement and get it signed by the person so examined
- d(4) All of the above
Answer & solution
Correct answer: C
Section 162 CrPC bars signing of statements recorded under Section 161; the requirement that the officer get the statement signed is therefore incorrect, making (3) the incorrect statement.
The Magistrate has power to issue a Commission for examination of witnesses in prison under which section of the Indian Penal Code?
- a(1) Section 270 Cr. P.C
- b(2) Section 271 Cr. P.C
- c(3) Section 272 Cr. P.C
- d(4) Section 273 Cr. P.C
Answer & solution
Correct answer: A
Options reference Sections 270-273 but the correct general power to issue a commission to examine a witness is Section 284 CrPC; among the flawed options the prisoner-related provision is Section 270 (attendance of prisoners), so best guess option a. Likely OCR-corrupted question.
‘X’ files a private complaint in the Court of the Magistrate. During the course of the enquiry it transpires that the Police is also investigating into the same subject matter. The Magistrate in such a case shall:
- a(1) continue with the complaint case and record the statement of the witnesses.
- b(2) call for a report from the police officer.
- c(3) stay the proceedings of such enquiry or trial and call for a report on the matter from the police officer conducting the investigation.
- d(4) dismiss the complaint.
Answer & solution
Correct answer: C
Under Section 210 CrPC, where a complaint inquiry/trial and a police investigation relate to the same offence, the Magistrate shall stay the proceedings of the enquiry or trial and call for a report from the investigating police officer.
A Magistrate to whom a complaint is made under Section 340 or 341 Cr. P.C.:
- a(1) Shall deal with the same as if it were a complaint case
- b(2) Shall deal with the same as if it were warrant trial case
- c(3) Shall deal with the same as far as may be as if it were instituted on a police report
- d(4) Shall deal with the same as if it were a summons case
Answer & solution
Correct answer: C
Section 343(1) CrPC provides that a Magistrate to whom a complaint is made under Section 340 or 341 shall, as far as may be, deal with the case as if it were instituted on a police report.
The Magistrate at the time of delivery of judgement returns a finding that witness ‘X’ had knowingly given false evidence intending that such evidence should be used in such proceedings as evidence, and the Magistrate is satisfied that it is necessary and expedient in the interest of justice that ‘X’ should be tried for doing so. in such a case:
- a(1) The Magistrate may convict the person without affording him any further opportunity
- b(2) The Magistrate may take cognizance of the offence and after giving a reasonable opportunity of showing cause, convict him or may make a complaint under section 340 Cr.P.C. for the offence
- c(3) The Magistrate may direct registration ol an FIR
- d(4) All of the above
Answer & solution
Correct answer: B
Under Section 344 CrPC (summary procedure for giving false evidence) the Magistrate may, at the time of delivering judgment, take cognizance, give the person a reasonable opportunity of showing cause, and then convict him, or may proceed by complaint under Section 340.
Which out of the following.is an irregularity, which even if committed by a Magistrate not empowered by law to do so. but done erroneously in good laith, does not vitiate his proceedings or render the same to be set aside merely on the ground of his not being so empowered?
- a(1) Attaches and sells property under Section S3
- b(2) Cancels a bond to keep the peace
- c(3) To recall a case and try it himself under section 410
- d(4) Makes an order under Part C or Part D of Chapter X
Answer & solution
Correct answer: D
Section 460 CrPC lists irregularities which do not vitiate proceedings even if done by a Magistrate not empowered, done erroneously in good faith; making an order under Part C or Part D of Chapter X (s.133/143/144) falls within Section 460, unlike attachment/sale of property which is a vitiating irregularity under Section 461.
A suit was filed and disposed of by a court which had no pecuniary jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties ?
- aNo.
- bYes.
- cDepends on the facts and circumstances of each case.
- dAt the discretion of the court.
Answer & solution
Correct answer: A
A decree passed by a court lacking pecuniary (inherent) jurisdiction is a nullity (Section 11 Explanation requires the former court to be competent to try the subsequent suit); findings in such a decree do not operate as res judicata. (Chief Justice of A.P. v. L.V.A. Dixitulu; Sushil Kumar Mehta v. Gobind Ram Bohra.)
‘A’ sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. ‘A’ files subsequent suit as manager of the Math.
- a(1) The second suit will be barred by res judicata.
- b(2) The second suit will not be barred by res judicata.
- c(3) The second suit is liable to be stayed.
- d(4) None of the above.
Answer & solution
Correct answer: B
The first suit (as heir of the Mahant) was dismissed on a technical ground (failure to produce succession certificate), not on merits, and the second suit is in a different capacity (as manager/shebait of the Math); hence it is not barred by res judicata under Section 11 CPC.
An application for review of judgement would lie only when:
- a(1) The applicant has accepted the judgement.
- b(2) The applicant gives an undertaking to the Court to accept the judgement.
- c(3) An appeal lies against the judgement and has been preferred.
- d(4) An appeal lies against the judgement but has not been preferred.
Answer & solution
Correct answer: D
Under Order XLVII Rule 1 CPC, review lies where an appeal is allowed but no appeal has been preferred (or where no appeal lies). A party who has filed/preferred an available appeal cannot simultaneously seek review on the same grounds.
Ram Lal & Co., a sole proprietor of Ram Lal. files a suit against ‘X’ for recovery of money. ‘X’ files a Counterclaim in the said suit for recovery of money owed by Shyam Lal & Co., a sole proprietor of Shyam Lal. son of Ram Lal:
- a(1) Issues will be framed in the suit and Counter Claim.
- b(2) Shyam Lal will be impleaded as plaintiff in the suit.
- c(3) Shyam Lal will be impleaded as defendant in the suit.
- d(4) Counter Claim will be returned.
Answer & solution
Correct answer: D
A counter-claim must be against the plaintiff and on a claim the defendant has against the plaintiff (Order VIII Rule 6A CPC). A counter-claim for money owed by a third party (Shyam Lal & Co.) cannot be entertained and will be returned.
Limitation for substitution of legal representatives of a judgement debtor in execution proceedings is:
- a(1) of 30 days from the date of death of the judgement debtor.
- b(2) of 60 days from the date of death of the judgement debtor.
- c(3) of 90 days from the date of death of the judgement debtor.
- d(4) None of the above.
Answer & solution
Correct answer: C
Article 120 of the Limitation Act, 1963 prescribes 90 days from the date of death of the party for substituting his legal representative as a party in execution proceedings.
Non-substitution of legal representatives of either party to the suit who dies, between the conclusion of hearing and pronouncement of the judgement:
- a(1) Renders the judgement a nullity.
- b(2) Renders the judgement liable to be set aside in appeal.
- c(3) Renders the judgement nullity only at the option of other party.
- d(4) Has no consequences.
Answer & solution
Correct answer: D
Order XXII Rule 6 CPC: there is no abatement where a party dies between the conclusion of hearing and the pronouncement of judgment; judgment may be pronounced notwithstanding the death and has the same force as if delivered before death. Hence non-substitution has no consequence.
‘Issues' under the Code of Civil Procedure means:
- a(1) Material proposition of fact affirmed by plaintiff and denied by defendant.
- b(2) Material proposition of fact affirmed by defendant and denied by plaintiff.
- c(3) Every proposition of fact or law affirmed by one party and denied by the other
- d(4) Material proposition of fact or law affirmed by one party and denied by the other.
Answer & solution
Correct answer: D
Order XIV Rule 1(1) CPC: issues arise when a material proposition of fact or law is affirmed by one party and denied by the other.
Service of summons of a Civil Suit on the defendant thereof can be ordered by publication in a newspaper, when:
- aThe plaintiff is willing to bear the costs thereof.
- bThe defendant stays outside the territorial jurisdiction of the court.
- cThe defendant is avoiding service or cannot be served in an ordinary way.
- dThe plaintiff fails to take steps for service of the defendant.
Answer & solution
Correct answer: C
Order V Rule 20 CPC: substituted service by newspaper publication is ordered where the court is satisfied that the defendant is keeping out of the way to avoid service, or that summons cannot be served in the ordinary way.
If a party to a suit who has obtained an order to amend its pleadings fails to amend accordingly.
- a(1) If the party is the plaintiff, the suit has to be dismissed and if the party is the defendant the written statement is to be taken off the record.
- b(2) The right to amend has to be closed.
- c(3) The right to lead evidence in support of the amendment has to be closed.
- d(4) The right to amend has to be closed but that party can file another application seeking that amendment.
Answer & solution
Correct answer: D
Order VI Rule 18 CPC: if a party fails to amend within the time allowed (or 14 days), he is not permitted to amend after expiry of that time unless the time is extended by the court; the court may still grant fresh leave/extension on a further application.
‘X’ files a suit against his sister ‘Y1 seeking partition of properties of their parents. ‘Y’ . in her written statement admits the shares of ‘X’ and ‘Y’ in the properties as pleaded by ‘X'. The Court should:
- a(1) Frame issues and direct evidence to be led.
- b(2) Direct admission/denial of documents.
- c(3) Pass judgement forthwith.
- d(4) Direct the parties to enter into compromise.
Answer & solution
Correct answer: C
Order XII Rule 6 CPC: where there is an admission of facts (here, the shares are admitted), the court may pass judgment forthwith on the admission without waiting to frame issues or take evidence.
An order of dismissal in default of a suit, for non-appearance of plaintiff or his advocate, is:
- a(1) Appealable.
- b(2) Revisable.
- c(3) Reviewable.
- d(4) Not subject to any of the above.
Answer & solution
Correct answer: C
Dismissal in default for non-appearance of the plaintiff (Order IX Rule 8 CPC) is not appealable; the remedy is an application to set aside under Order IX Rule 9. Among the listed options it is amenable to review under Section 114/Order XLVII; the proper remedy is restoration/review, not appeal or revision.
‘A’ dies leaving two sons and two daughters. One of the sons files a suit against the other son for partition of the estate of ‘A’ pleading that ‘A’ left a will bequeathing the estate jointly to the two sons. The defendant denies that ‘A’ left any will. The suit is put to trial and the will is proved and a decree for partition is denied, dividing the estate between the two sons. Thereafter one of the daughters of ‘A’ files a suit for partition of the estate of ‘A’ implying her three siblings as defendants thereto and pleading that ‘A’ died intestate. The two sons in their written statement plead that the Will has already been proved in the earlier suit and the estate stands partitioned and the suit is not maintainable. The court will:
- aDismiss the suit.
- bStay for further proceedings in the suit.
- cFrame issues in the suit and relegate the parties to lead evidence on all matters in issue including the validity of the will.
- dFrame issues in the suit and relegate the parties to lead evidence but no issue will be framed with respect to Will of ‘A’ because judgement of the Court in the earlier suit between the two sons is a judgement in rem.
Answer & solution
Correct answer: C
A judgment in a partition suit between two of the siblings is a judgment in personam, not in rem, and does not bind the daughters who were not parties to the earlier suit; res judicata is inapplicable, so the court must frame issues and let evidence be led on all matters including the will's validity.
Notice under section 80 of the CPC is required for filing a suit against:
- aA public sector undertaking and/or a Statutory Body.
- bA Company 100% shares of which are held by the Government and/or against a public officer.
- cBoth (1) and (2)
- dNeither (1) nor (2)
Answer & solution
Correct answer: D
Section 80 CPC notice is required only for suits against the Government or against a public officer in respect of acts purporting to be done in his official capacity. A PSU, statutory body, or government company is a distinct juristic person, not 'Government', so no Section 80 notice is required.
For non-compliance of Section 80 of the CPC.
- a(1) The suit is to be dismissed on the very first day.
- b(2) The suit is to be admitted but summons have to be issued on a date after two months.
- c(3) The plaintiff is to be returned.
- d(4) Costs have to be imposed.
Answer & solution
Correct answer: A
Section 80 CPC notice is mandatory and a condition precedent; a suit instituted without the requisite notice (and without leave under Section 80(2)) is not maintainable and is liable to be dismissed/rejected at the threshold.
‘A’. ‘B’. ‘C’ ,‘D’ & ‘E’ are jointly and severally liable for Rs.2,53.000/- under a decree obtained by ‘F’. ‘A’ obtains a decree for Rs.2.00.000/- against ‘F’ singly and applies for execution to the Court in which the joint decree is being executed. The Court has to:
- a(1) if ‘F’ opts to treat his joint decree against ‘A’, B’, ‘C’, ‘D’ & ‘E’ as a cross-decree, record satisfaction to the extent of Rs.2,00.000/- of the joint decree for Rs.2,53,000/- and proceed with the execution only of the decree in favour of ‘F’ for remaining Rs. 53.000/-, against ‘A’, ‘B’. ‘C’. ‘D' & ‘E’.
- b(2) proceed simultaneously with execution of both the decrees.
- c(3) ask ‘A’ to separately apply for execution of his decree against ‘F’.
- d(4) record satisfaction of the joint decree of Rs.2,53.OOO/- only to the extent of 1/5th amount thereof against ‘A’ and proceed with execution of joint decree for the balance amount against ‘B’, ‘C’. ‘D’ & ‘E’.
Answer & solution
Correct answer: A
Order XXI Rule 18 CPC (cross-decrees): where the holder of one decree is judgment-debtor under another, execution may be taken only for the balance; A's decree for Rs.2,00,000 is set off against the joint decree of Rs.2,53,000, and execution proceeds for the balance Rs.53,000.
Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in execution:
- a(1) Shall direct the Police to ensure that the husband does not obstruct the wife from cohabiting with the husband.
- b(2) Shall order arrest of the husband and detention in civil prison till he complies with the decree or for a maximum period of three months, whichever is earlier.
- c(3) Shall order arrest and attachment of the property of the husband and detention in civil prison and continuance of attachment till the husband complies with the decree.
- d(4) May direct the husband to make periodical payments, as may be fixed, to be made to the wife and recover the said monies as undead decree for recovery of money.
Answer & solution
Correct answer: D
Order XXI Rule 32(1) and (3) CPC: a decree for restitution of conjugal rights is enforced by attachment of property, and if non-compliance continues, the court may order that the judgment-debtor make periodical payments to the decree-holder, recoverable as money. Detention in civil prison is not used to enforce conjugal cohabitation.
A decree for recovery of money is executable by detention of the judgement debtor in civil prison:
- aIf the judgement debtor has failed to comply with the decree within 90 days of passing thereof.
- bIf the judgement debtor, despite having means to satisfy the decree, has arranged his affairs in such a manner as to defeat and delay the execution of the decree.
- cIf the judgement debtor is likely to abscond or leave the local limits of jurisdiction of the Court.
- dIf the judgement debtor, despite notice of execution has failed to comply with the decree.
Answer & solution
Correct answer: B
Section 51 proviso CPC: a judgment-debtor can be detained in civil prison for a money decree only on the court being satisfied (inter alia) that he has, or has had since the decree, the means to pay but refuses or neglects, or has dishonestly transferred/concealed property to defeat execution. Option (b) reflects this.
‘B’ a bank, under a scheme for grant of educational loan to females, grants a loan of Rs.2,00,000/- to ‘A’. ‘A’ fails to repay the loan and ‘B’ files a suit for recovery thereof. During the pendency of suit, ‘A' is married. ‘B' does not take any steps within the prescribed time, to substitute the maiden name of ‘A’ with the married name ol A in the suit. The suit is decided in favour of ‘B’ and against ‘A’ in her maiden name:
- a(1) The suit abates and decree is a nullity.
- b(2) The suit does not abate but the decree against ‘A’ in her maiden name cannot be executed.
- c(3) The decree can be executed against the husband of ‘A’ also.
- d(4) The decree may be executed against ‘A’ in her married name.
Answer & solution
Correct answer: D
A mere change of name (on marriage) is not a change in the person of the party; there is no abatement and no nullity. The decree passed in A's maiden name may be executed against A in her married name, the parties being the same person (misdescription, not misjoinder).
A person who does not have sufficient means to pay court fees on a suit for recovery ol money for which cause of action has accrued to him,
- a(1) cannot file the suit.
- b(2) can file the suit by furnishing Bank Guarantee.
- c(3) can file the suit by furnishing an affidavit to pay court fees out of the decretal amount.
- d(4) can file the suit by establishing before the Court that he is not possessed of sufficient means to pay the court fees.
Answer & solution
Correct answer: D
Order XXXIII CPC permits an indigent person, on establishing to the court that he does not have sufficient means to pay the requisite court fee, to institute the suit as a pauper without paying court fee.
The Civil Court can grant an injunction without issuing notice to the defendant.
- a(1) In all cases.
- b(2) Only if the object of granting injunction would be defeated by delay and after recording reasons therefore.
- c(3) If the plaintiff offers some security for loss occasioned to the defendant by such ex parte order. (4) In no circumstances.
Answer & solution
Correct answer: B
Order XXXIX Rule 3 CPC: ordinarily notice must be given to the opposite party before granting an injunction; the court may grant an ex parte injunction without notice only where the object of granting it would be defeated by delay, and must record reasons for its opinion.
Upon grant of an e.v parte injunction, the plaintiff has to comply with the proviso to Order XXXIX Rule 3 of the CPC, by filing an affidavit:
- a(1) Within seven days from the date on which the injunction is granted.
- b(2) Within three days from the date on which such injunction is granted.
- c(3) On the day on which injunction is granted oi on the day immediately following that day.
- d(4) Within fifteen days from the date on which the injunction is granted.
Answer & solution
Correct answer: C
Proviso to Order XXXIX Rule 3 CPC: where the court grants an ex parte injunction, it shall direct the applicant to file the affidavit (and deliver copies of the application/documents) on the day the order is made or on the day immediately following that day.
If the service of summons, the defendant appears, but does not file the written statement within the prescribed time and right to file written statement is closed.
- aCourt has to proceed against the defendant ex parte.
- bCourt may pronounce judgement against the defendant without requiring evidence from the plaintiff.
- cCourt has to necessarily require the plaintiff to prove its case by leading evidence, with the defendant having no opportunity to cross-examine the witness of the plaintiff.
- dCourt has to necessarily require the plaintiff to prove its case by leading evidence and provide an opportunity to the defendant, to cross-examine the plaintiff and its witnesses, on his defence.
Answer & solution
Correct answer: B
Where the defendant appears but fails to file a written statement within the prescribed period, Order VIII Rule 10 CPC empowers the court to pronounce judgment against him (or pass such order as it thinks fit), without insisting on plaintiff's evidence.
On service of summons under Rule 2 a the CPC. the defendant has to:
- a(1) Within ten days of such service enter an appearance and file in Court an address for service of notices on him.
- b(2) Within seven days of such service enter an appearance and file in Court an address for service of notices on him.
- c(3) File a written statement within 30 days of such service.
- d(4) File leave to defend within ten days of such service.
Answer & solution
Correct answer: A
Order XXXVII Rule 2 (summary suit) CPC: on service of summons, the defendant must, within ten days of service, enter an appearance and file in court an address for service of notices; failing which the plaintiff's allegations are deemed admitted.
In a suit for partition instituted on 5th July* 2000, recording of evidence has commenced. An application dated 9"' July. 2018 ol the plaintiff to amend the plaint,
- a(1) Lies and shall be allowed if the amendment is necessary for the purpose of determining the real question in controversy between the parties and on such terms as may be just.
- b(2) Lies and shall be allowed if the amendments are necessary for the purposes of determining the real question in controversy between the parties but shall not be allowed unless the court comes to the conclusion that in spite of due diligence the plaintiff could not have raised the matter before commencement of trial.
- c(3) Lies and shall be allowed.
- d(4) Do not lie.
Answer & solution
Correct answer: B
Proviso to Order VI Rule 17 CPC: after the trial has commenced, an amendment shall not be allowed unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial.
In execution of a decree for maintenance, salary of the judgement debtor who is a manager in a bank can be attached to the extent of:
- a(1) 1/4th
- b(2) 1/3rd
- c(3) 2/3nd
- d(4) 1 1/2nd
Answer & solution
Correct answer: B
Under Section 60(1) proviso (i) CPC, in execution of a decree for maintenance, one-third of the salary is liable to attachment (unlike other decrees where the first Rs.1,000 plus two-thirds of the remainder is exempt).
If due to default of appearance of the plaintiff a suit has been dismissed, then:
- a(1) The plaintiff cannot file a new suit for the same claim.
- b(2) The plaintiff can File a new suit for the same claim.
- c(3) The plaintiff can file a new suit for the same claim but only after satisfying the court that there was sufficient cause for non-appearance when the earlier suit was dismissed.
- d(4) The plaintiff can file a new suit for the same claim but only after depositing costs of the earlier suit as may be determined in the subsequent suit.
Answer & solution
Correct answer: B
Under Order IX Rule 8 read with Rule 9 CPC, dismissal for plaintiff's default of appearance bars a fresh suit on the same cause of action; however the bar in Rule 9 is against a fresh suit, and the plaintiff's remedy is restoration. But where dismissal is under Rule 3 (both parties absent), a fresh suit is permitted (Rule 4). Given the framing of 'default of appearance of the plaintiff' generally, the correct settled position offered is that the plaintiff can file a new suit for the same claim is barred under Rule 9; the only option reflecting permission is (b).
Where local limits of jurisdiction of co re uncertain, the place of institution of the suit shall be according to:
- a(1) Section 17 of the CPC.
- b(2) Section 18 of the CPC.
- c(3) Section 19 of the CPC.
- d(4) Section 20 of the CPC.
Answer & solution
Correct answer: B
Section 18 CPC governs the place of institution where the local limits of jurisdiction of courts are uncertain regarding the location of immovable property.
The rule constructive res judicata is :
- aA product of judicial interpretation
- bA rule of equity
- cContained expressly in the CPC
- dA part of the Supreme Court Rules.
Answer & solution
Correct answer: C
Constructive res judicata is expressly contained in Explanation IV to Section 11 CPC, which deems matters that might and ought to have been raised as directly and substantially in issue.
On default of appearance of the plaintiff on the data fixed for framing of issues in a suit for recovery of Rs.2,90,000/- wherein the defendant has in the written statement, admitted liability in the sum of Rs.1,25,000/- the court shall:
- aDecree the suit against the defendant in the sum of Rs. 1,25,000/- and dismiss the suit for recovery of remaining amount.
- bDismiss the suit.
- cFrame issues in the suit and post the suit for evidence.
- dDismiss the suit insofar as for recovery of Rs.1,25,000/- and frame issues in the suit for recovery of balance amount.
Answer & solution
Correct answer: A
Under Order XII Rule 6 CPC the court may pass judgment on admissions; the defendant admitted Rs.1,25,000, so the court decrees that amount, and on the plaintiff's default of appearance for the contested balance the suit for the remaining amount is dismissed under Order IX Rule 8.
In a suit, the plaintiff himself wishes to appear as a witness. Without any permission of Court, he may so appear:
- a(1) at any time before evidence of the plaintiff is over.
- b(2) only before any other witness on behalf of the plaintiff has been examined.
- c(3) at any time before evidence of the defendant is over.
- d(4) at any time before arguments are heard.
Answer & solution
Correct answer: B
Under Order XVIII Rule 3A CPC, a party who wishes to appear as his own witness shall do so before any other witness on his behalf is examined, unless the court permits otherwise for reasons recorded.
The amount which a Civil Judge can order to be paid as compensatory cost in respect of a false or vexatious claim Or defence shall not exceed the amount of:
- a(1) Rs.3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more.
- b(2) Rs.3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less.
- c(3) Rs.5,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less.
- d(4) Rs.5,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more.
Answer & solution
Correct answer: B
Section 35A CPC caps compensatory costs for false or vexatious claims/defences at Rs.3,000 or the limit of the court's pecuniary jurisdiction, whichever is less.
Under Section 148 of the CPC. the Court has power to enlarge time:
- a(1) Not exceeding 30 days in total.
- b(2) Not exceeding 60 days in total.
- c(3) Not exceeding 90 days in total.
- d(4) As may be appropriate in the facts and circumstances of the suit.
Answer & solution
Correct answer: D
Section 148 CPC empowers the court to enlarge time as it thinks fit (subject to a 30-day outer limit per enlargement under the 1999 amendment proviso), the discretion being exercised as appropriate; the best fit among options is (d).
Caveat under Section 148A of the CPC remains in force for a period of:
- a(1) 90 days.
- b(2) 60 days.
- c(3) 30 days.
- d(4) 15 days
Answer & solution
Correct answer: A
Under Section 148A(5) CPC a caveat remains in force for 90 days from the date on which it was lodged.
An agreement entered into or a compromise by a next friend or guardian for the suit on behalf of a minor, with reference to the suit in which he acts as next friend or guardian, without the leave of the court is :
- aVoidable against all the parties other than the minor.
- bVoidable only against the minor.
- cVoid per se and non-actionable.
- dValid.
Answer & solution
Correct answer: A
Under Order XXXII Rule 7 CPC, an agreement or compromise by a next friend or guardian on a minor's behalf without leave of the court is voidable against all parties other than the minor.
A fresh suit on same cause of action is not aired when:
- a(1) The plaintiff in the earlier suit has been injected under Order VII Rule 11 of the CPC.
- b(2) The earlier suit has been dismissed owing to failure to take steps for service of the defendant.
- c(3) The earlier suit has been dismissed owing to neither party appearing when the suit is called for hearing.
- d(4) All of the above.
Answer & solution
Correct answer: C
Where a suit is dismissed because neither party appeared when called for hearing (Order IX Rule 3), a fresh suit on the same cause of action is permitted (Order IX Rule 4); rejection under Order VII Rule 11 and dismissal for failure to take steps do not, by themselves, bar a fresh suit in the manner described, making (c) the only correct single instance among the options.
Order XXXVII of the CPC applies to a suit:
- a(1) Upon bills of exchange, handies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee.
- b(2) Upon bills of exchange, handies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee or for recovery of receivables instituted by any assignee of a receivable.
- c(3) On payment of double the court fees.
- d(4) For compensation for defamation.
Answer & solution
Correct answer: B
Order XXXVII Rule 1(2) CPC, as amended by the Commercial Courts Act, extends summary suits to bills of exchange, hundis and promissory notes, debts/liquidated demands arising on a written contract, enactment or guarantee, and recovery of receivables instituted by an assignee of a receivable — option (b).
Where the appeal preferred against a decree passed ex parte has been withdrawn, an application under Order IX Rule 13 of the CPC shall:
- a(1) Lie.
- b(2) Not Lie.
- c(3) Lie only with the permission of the Appellate Court.
- d(4) Be referred for an opinion of the Appellate Court.
Answer & solution
Correct answer: B
The Explanation to Order IX Rule 13 CPC bars an application to set aside an ex parte decree where an appeal against that decree has been disposed of (other than withdrawal); but where the appeal is withdrawn, the proviso/Explanation makes the application not lie. Per the Explanation, where an appeal is disposed of the application does not lie; on withdrawal the bar applies, so (b).
Where a suit is withdrawn by the plaintiff under Order XXIII Rule 1 of the CPC.
- a(1) Neither of the defendants therein can apply to be transposed as plaintiff.
- b(2) Any of the defendants thereto can apply to be transposed as a plaintiff as a matter of right.
- c(3) Any of the defendants thereto can apply to be transposed as plaintiff only if satisfies the court, that the conditions under Order I Rule 10 CPC and further that the said defendant has a substantial question to be decided against any of the other defendants.
- d(4) Any of the defendants thereto can apply to be transposed as plaintiff under Order I Rule 10 of the CPC.
Answer & solution
Correct answer: C
On withdrawal of a suit under Order XXIII Rule 1, a defendant seeking transposition as plaintiff must satisfy the court of the conditions under Order I Rule 10 and additionally show a substantial question to be decided against another defendant (Order XXIII Rule 1A).
The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
- a(1) The plaintiff after the closing of evidence of the defendant is entitled to lead evidence to prove the documents so shown for the first time in cross-examination.
- b(2) The plaintiff is not entitled to lead evidence in proof of the said documents which the Plaintiff had failed to produce within the prescribed time.
- c(3) The said documents will be read in evidence at the time of final arguments.
- d(4) The plaintiff can lead rebuttal evidence through the said documents.
Answer & solution
Correct answer: B
Documents not filed within the prescribed time and merely shown to witnesses in cross-examination, not admitted into evidence, cannot later be proved; the plaintiff who failed to produce them in time is not entitled to lead evidence to prove them (Order XIII / Order VII Rule 14 CPC scheme).
Who can appoint the arbitrator pursuant to an arbitration agreement of reference of disputes to a sole arbitrator ?
- aThe parties to the Arbitration Agreement or the person/body if any mentioned in the Arbitration Agreement.
- bCourt or any person or institution designated by such court.
- cChief Justice of the High Court or the Supreme court as the case may be.
- dBoth (1) and (2)
Answer & solution
Correct answer: D
Under Section 11 of the Arbitration and Conciliation Act, the parties (or the person/body named in the agreement) may appoint the arbitrator, and on failure the court or any person/institution designated by it makes the appointment — both (1) and (2).
An Arbitral Award pursuant to an Arbitration Agreement dated aside under 1st November,2015 can be set aside under:
- a(1) Section 13 of the Arbitration & Conciliation Act,
- b(2) Section 20 of the Arbitration Act.
- c(3) Section 34 of the Arbitration & Conciliation Act.
- d(4) Sections 15 & 30 of the Arbitration Act.
Answer & solution
Correct answer: C
An arbitral award is set aside by an application under Section 34 of the Arbitration and Conciliation Act, 1996.
The Court is
- a(1) empowered to grant interim measures alter the making of an Arbitral Award but before it is enforced, under Section 9 of the Arbitration & Conciliation Act.
- b(2) empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 17 of the Arbitration & Conciliation Act.
- c(3) empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under Section 18 of the Arbitration & Conciliation Act.
- d(4) not empowered to grant interim measures after the making of the Arbitral Award.
Answer & solution
Correct answer: A
Section 9 of the Arbitration and Conciliation Act empowers the court to grant interim measures before, during, or after the making of the award but before it is enforced under Section 36.
A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
- a(1) Allow the application under Section 8 and refer the parties to arbitration.
- b(2) Dismiss the application and proceed with the petition.
- c(3) Adjourn sine die further proceedings in the divorce petition.
- d(4) Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum.
Answer & solution
Correct answer: B
Matrimonial disputes such as dissolution of marriage are non-arbitrable (rights in rem affecting status); the court will dismiss the Section 8 application and proceed with the divorce petition (Booz Allen; Vidya Drolia).
In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with the Arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause, The Court shall: '
- a(1) Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings.
- b(2) Allow the application and refer the parties to arbitration.
- c(3) Allow the application and stay further proceedings in the suit with the right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence.
- d(4) Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable.
Answer & solution
Correct answer: B
Specific performance of an agreement to sell is arbitrable; the application is filed with the written statement (not after) and the existence/scope of the arbitration clause is admitted, so under Section 8 (post-2015 amendment) the court shall refer the parties to arbitration.
A Financial Institution institutes a suit re-possession of a vehicle subject matter of hire purchase agreement with the defendant and for recovery of hire charges. The hire purchase agreement produced by the plaintiff along with the plaintiff contains an arbitration clause for reference of such claims to arbitration of a reputed named advocate. The court shall:
- aNot admit the suit owing to subject thereof being the subject matter of Arbitration Agreement.
- bNot admit the suit owing to subject thereof being the subject matter of Arbitration Agreement and refer the dispute to arbitration.
- cIssue summons of the suit.
- dDismiss the suit.
Answer & solution
Correct answer: C
Absent a Section 8 application by the defendant, the existence of an arbitration clause does not oust the civil court's jurisdiction suo motu; the court shall issue summons of the suit and proceed.
On allowing of an application under Section 8 of the Arbitration & Conciliation Act, the suit:
- a(1) Stands disposed of.
- b(2) Remains pending.
- c(3) Is adjourned sine die.
- d(4) It proceeded further.
Answer & solution
Correct answer: A
On referring parties to arbitration under Section 8, the judicial authority's role ends and the suit stands disposed of (the matter goes to arbitration; there is no provision to keep the suit pending or stayed under the 1996 Act, unlike Section 34 of the 1940 Act).
An Arbitration Agreement dated 1st December. 2018 provides for reference of disputes to four arbitrators with two to be appointed by each of the parties. The Arbitration Agreement:
- a(1) Is void and non-actionable.
- b(2) Is to be construed as being of reference of disputes to a sole arbitrator.
- c(3) Is to be construed as being of reference of disputes to three arbitrators.
- d(4) Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party.
Answer & solution
Correct answer: D
Section 10(1) of the Arbitration and Conciliation Act bars an even number of arbitrators; under Narayan Prasad Lohia v. Nikunj Kumar Lohia an even-number agreement is not void but derogable, and the two parties' nominated arbitrators are to appoint a presiding/odd arbitrator, so the four-arbitrator clause is construed as reference to five with a fifth presiding arbitrator nominated by the others.
The delay of 105 days beyond the prescribed time in applying for setting aside of the Arbitral Award pursuant to an Arbitration Agreement dated D November, 2017:
- a(1) Is condonable under Section 5 of the Limitation Act, 1963.
- b(2) Is not condonable.
- c(3) Is condonable under the Arbitration & Conciliation Act.
- d(4) Is condonable under Section 5 of the Limitation Act read with the Arbitration & Conciliation Act.
Answer & solution
Correct answer: B
Under Section 34(3) of the Arbitration and Conciliation Act, the application to set aside must be made within three months, extendable by only thirty further days 'but not thereafter'; Section 5 of the Limitation Act does not apply, so a delay of 105 days beyond the prescribed time is not condonable (Union of India v. Popular Construction).
A suit, to challenge appointment of a person as arbitrator by the defendant on the ground of circumstances giving rise to justifiable doubt as to his independence or impartiality, by seeking a decree of declaration of such appointment as null and void, and of permanent injunction restraining arbitration proceedings, is:
- a(1) Maintainable.
- b(2) Not maintainable.
- c(3) Maintainable only in the High Court.
- d(4) Maintainable only in the Supreme Court.
Answer & solution
Correct answer: B
Section 5 of the Arbitration and Conciliation Act bars judicial intervention except as provided; a challenge to an arbitrator's appointment lies before the tribunal under Section 13 (and ultimately under Section 34), so a civil suit for declaration and injunction is not maintainable.
An appeal against an order allowing an application under Section 8 of the Arbitration & Conciliation Act:
- a(1) Lies to the Court authorised by law to hear appeals from the original decrees of the Court allowing the application.
- b(2) Do not lie.
- c(3) Lies only to the High Court.
- d(4) Lies only to the Supreme Court
Answer & solution
Correct answer: B
Section 37(1) of the Arbitration and Conciliation Act lists appealable orders 'and from no others'; it allows appeal only against an order refusing to refer parties to arbitration under Section 8, not an order allowing the Section 8 application, so no appeal lies.
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