Delhi Judiciary — Prelims 2022

Correct answer: C

Under Section 4(2) CrPC, offences under laws other than the IPC are investigated, inquired into and tried per the Code, but subject to any contrary provision in that special enactment.

Correct answer: B

Section 19 CrPC: a Metropolitan Magistrate is subordinate to the CMM; the High Court may by general or special order define the extent of subordination of an Additional CMM to the CMM, all being under general control of the Sessions Judge.

Correct answer: C

Under Section 31 a Magistrate may pass consecutive sentences on several counts, the aggregate not exceeding 14 years for an MM; and under Section 325 he may forward the case to the Sessions Court if he thinks more severe punishment is warranted. Both are correct.

Correct answer: C

Section 53A CrPC permits examination of a rape accused by a govt/local-authority medical practitioner at the request of a sub-inspector, and in absence of such practitioner within 16 km of the place of offence, by any registered medical practitioner. Both statements are correct.

Correct answer: D

Section 54A CrPC: the court may direct test identification in such manner as it deems fit, and where the identifying person is mentally or physically disabled it is done under a Judicial Magistrate's supervision and is mandatorily videographed. All statements are correct.

Correct answer: A

Section 47 CrPC allows the officer to demand free ingress and reasonable facilities for search; breaking open a door is permissible only after such demand is refused, not 'at any stage in any circumstances', so statement (2) is wrong and only (1) is correct.

Correct answer: C

Proclaimed-offender declaration under Section 82(4) CrPC is confined to the enumerated IPC offences (302, 304, 364, etc.); rash/negligent driving causing death (304A) or grievous hurt (338) are not in that list, so none of the statements is correct.

Correct answer: B

Under the proviso to Section 83(1) CrPC, attachment may be ordered if the court is satisfied that the person is about to dispose of OR to remove his property; either condition suffices.

Correct answer: C

Section 456 CrPC: on conviction for an offence attended by criminal force/show of force resulting in dispossession, the court may order restoration of possession within one month, without prejudice to rights to be established in a civil suit. Both are correct.

Correct answer: C

Section 457/459 CrPC: the officer may seize suspected stolen property, and if it is subject to speedy/natural decay and its value is under five hundred rupees, the Superintendent of Police may direct its sale by auction, with proceeds dealt with by the Magistrate. Both are correct.

Correct answer: D

The proviso to Section 125(3) and Section 127(3) CrPC allow cancellation where the divorced woman has remarried, has received the whole customary/personal-law sum payable on divorce, or has voluntarily surrendered her maintenance rights. All of the above.

Correct answer: B

Section 176(1A) CrPC mandates that, in addition to the police inquiry, a Judicial Magistrate (or Metropolitan Magistrate) must hold an inquiry into a death occurring while the person was in custody after arrest before production before a Magistrate.

Correct answer: A

Under Section 186 CrPC, where courts in different States have taken cognizance, the question of which court shall try is decided by the High Court within whose jurisdiction proceedings first commenced; here cognizance was first taken at Kanpur (UP), so the Allahabad High Court decides.

Correct answer: D

The offence under Section 174 IPC (non-attendance of a public servant summoned) is not compoundable under Section 320, and withdrawal of a complaint by a public servant is governed by Section 257/321 (Public Prosecutor), not by the District Magistrate. Neither course is available.

Correct answer: D

Section 198(2) CrPC: cognizance of adultery (Section 497 IPC) is taken only on the complaint of the husband, or in his absence of a person who had care of the woman on his behalf.

Correct answer: A

On a complaint, the Magistrate takes cognizance under Section 190(1)(a) and, under Section 200 CrPC, examines on oath the complainant and the witnesses present.

Correct answer: A

Section 222 CrPC: where the offence charged (Section 326 IPC) is not made out but a minor offence (Section 335, grievous hurt on provocation) is proved, the accused may be convicted of that minor offence though no separate charge was framed.

Correct answer: D

Section 259 CrPC permits converting a summons-case (offence punishable above six months) into a warrant-case in the interests of justice, whereupon the Magistrate must frame a charge, record the plea, and re-examine the prosecution witnesses.

Correct answer: A

Under Section 265C(b) CrPC, in a complaint case the victim is entitled to be called and to participate in the meeting for working out a mutually satisfactory disposition; so the statement that it is exclusively between complainant and accused is incorrect.

Correct answer: D

Under Section 265E CrPC the court must award compensation as per the disposition and may then award punishment (release on probation/admonition or a reduced sentence). Both stated propositions are therefore incorrect.

Correct answer: C

The proviso to Section 273 CrPC requires that, where a woman or child below 18 is examined in a rape/sexual-offence case, the court ensure no direct confrontation with the accused while preserving effective cross-examination; the accused's demand to confront her may be declined.

Correct answer: C

Section 277 CrPC makes a true translation into the court's language mandatory where evidence is recorded in another language; the only dispensation is when the evidence is in English and no party requires translation. Here it is Malayalam, so dispensing with translation is incorrect.

Correct answer: C

Under Section 300(1) read with the proviso/explanation, a person convicted of an act may be tried for a distinct offence arising from a consequence (here the victim's later death constituting culpable homicide) that had not occurred at the time of the earlier conviction; it is not double jeopardy.

Correct answer: A

Section 315 CrPC: an accused may be a competent witness in his own defence only on his own written request, and his failure to give evidence shall not be made the subject of any adverse comment or inference.

Correct answer: B

Section 328 CrPC: on finding the accused of unsound mind and incapable of making his defence, the Magistrate postpones the proceedings, and they may be resumed once he ceases to be of unsound mind.

Correct answer: C

Under s.357 CrPC the court may apply the fine toward compensation to the victim, and under s.357A the District/State Legal Services Authority disburses additional compensation from the Victim Compensation Scheme where the s.357 compensation is inadequate; the trial court can recommend/direct this. Option (c) correctly combines both.

Correct answer: C

Under s.360 CrPC and s.4 of the Probation of Offenders Act, 1958 (read with s.361 CrPC), the court is bound to consider release on probation/admonition, and where it declines it must record special reasons. Refusing even to hear the plea is impermissible.

Correct answer: A

Under s.427(1) CrPC, when a person already undergoing imprisonment is sentenced on a subsequent conviction, the later sentence commences at the expiration of the previous one unless the court directs concurrent running. Default is consecutive, not concurrent, so (a) is correct and (b) is wrong.

Correct answer: C

Under ss.215 and 464 CrPC, an error in the charge (here wrong name/date of victim) is material only if it actually misled the accused or caused a failure of justice. Since the accused cross-examined on the correct facts, the error is inconsequential.

Correct answer: A

Under s.475 CrPC read with the Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, on the Commanding Officer's requisition the Magistrate delivers custody of the accused to be tried by court-martial; he does not himself conduct/take over a court-martial. So (a) is correct.

Correct answer: B

Touching the vagina with sexual intent is sexual assault under s.7 POCSO; because 'A' was previously convicted of rape (a sexual offence), the act becomes aggravated sexual assault under s.9(t). Penetrative offences require penetration, which is absent here.

Correct answer: C

Making a child show his private parts for the offender's gratification, with sexual intent but without physical contact, falls under s.11 POCSO (sexual harassment), specifically s.11(iv)/(v). It is not sexual assault (which requires physical contact) nor pornography.

Correct answer: C

Under s.27(3) POCSO, where the parent/trusted person cannot be present for the medical examination of the child, it is conducted in the presence of a woman nominated by the head of the medical institution.

Correct answer: B

Section 35(1) POCSO requires the Special Court to record the evidence of the child within 30 days of taking cognizance of the offence, reasons to be recorded for any delay.

Correct answer: A

Section 14(1) POCSO (post the 2019 amendment) punishes using a child for pornographic purposes with imprisonment of not less than five years (extendable to seven), and on second/subsequent conviction not less than seven years.

Correct answer: D

Section 75 of the Indian Contract Act, 1872 allows a party who rightfully rescinds a contract to claim compensation for damages sustained through non-fulfilment. It applies to voidable contracts whether voidable initially or subsequently rescinded, hence 'Both'.

Correct answer: B

Executed consideration is an act already performed in response to (in return for) a promise, i.e., the act is done as the price of the promise. Reciprocal promises are executory, not executed consideration.

Correct answer: B

Section 71 of the Indian Contract Act, 1872 lays down the responsibility of a finder of goods, treating him as a bailee with duties to take care of and trace the owner.

Correct answer: C

The nature of a wagering agreement was explained in Carlill v. Carbolic Smoke Ball Co. (the court distinguished a wager from a conditional contract). Mohori Bibee concerns minor's contracts; Derry v. Peek concerns fraud.

Correct answer: A

Section 7(2) of the Indian Contract Act, 1872 requires acceptance to be expressed in some usual and reasonable manner, and where the proposer prescribes a manner, the acceptance must be in that manner (else the proposer may insist on it). Option (a) Section 7(2) is correct.

Correct answer: C

Section 2(i) of the Indian Contract Act, 1872 defines a voidable contract as one enforceable by law at the option of one or more of the parties thereto, but not at the option of the other(s).

Correct answer: A

Under the Explanation to Section 17 of the Indian Contract Act, mere silence is not fraud, but where there is a duty to speak (or silence is equivalent to speech), keeping silent amounts to fraud.

Correct answer: D

Under Section 25(3) of the Indian Contract Act, a promise to pay a time-barred debt must be in writing, signed by the promisor (or his agent), and be a definite/express promise. Registration is not required, so (d) is the condition NOT needed.

Correct answer: A

After the LLP (Amendment) Act, 2021 (effective 1 April 2022), 'resident in India' for a designated partner requires a stay of not less than 120 days during the financial year (reduced from 182). Given the 2022 paper, the correct figure is 120.

Correct answer: B

Under s.64 of the LLP Act, 2008, an LLP may be wound up if the number of partners is reduced below two for more than six months (not three months). Hence the 'three consecutive months' option is not a valid ground.

Correct answer: D

Under s.24(5) of the LLP Act, a person ceases to be a partner on death/dissolution, on being declared of unsound mind, or on applying to be adjudged insolvent or being declared insolvent. Mere conviction for an offence is not a listed cessation ground, so (d) is the exception.

Correct answer: C

Per Vidya Drolia v. Durga Trading (2021) and Booz Allen, landlord-tenant disputes governed by the Transfer of Property Act (not by a special rent-control statute conferring exclusive jurisdiction) are arbitrable. Testamentary, guardianship and trademark-infringement (rights in rem) disputes are non-arbitrable.

Correct answer: A

Under s.15 of the Arbitration and Conciliation Act, 1996, on substitution of an arbitrator the proceedings continue; any order/ruling of the tribunal made prior to the replacement is not invalidated merely by the change of composition (s.15(4)).

Correct answer: D

Section 37 of the Arbitration and Conciliation Act lists appealable orders: refusal to refer under s.8, refusing/granting s.9 measures, and setting aside or refusing to set aside an award under s.34. An order rejecting a plea under s.16(2)/(3) (that tribunal lacks jurisdiction) is NOT appealable, so (d).

Correct answer: B

This is an international commercial arbitration (one party a foreign national) with the seat in India (Mumbai). Under s.11(9)/(12)(a) read with the law, appointment of arbitrator in an ICA seated in India lies before the High Court (here the High Court of Bombay), not the district court or Supreme Court.

Correct answer: D

Under Section 7 of the Arbitration & Conciliation Act 1996, an arbitration agreement must record a present intention to refer disputes to arbitration; an agreement requiring further/fresh consent before any reference is not a binding arbitration agreement.

Correct answer: C

The Indian Arbitration & Conciliation Act 1996 is based on the UNCITRAL Model Law on International Commercial Arbitration, not any 'Singapore code', as stated in its very Preamble.

Correct answer: A

Section 2(1)(f) defines international commercial arbitration as a commercial dispute where at least one party is a foreign national/resident, a body corporate incorporated abroad, an association whose central management and control is exercised abroad, or a foreign Government.

Correct answer: C

Section 5 (Part I) limits judicial intervention in domestic arbitration: notwithstanding any other law, no judicial authority shall intervene except where so provided in Part I.

Correct answer: C

Section 7(3) mandates that an arbitration agreement be in writing; an oral agreement to arbitrate is not valid under the Act.

Correct answer: B

Section 28 of the Indian Contract Act voids agreements in restraint of legal proceedings, but Exceptions 1 and 2 expressly save arbitration agreements/clauses from being void.

Correct answer: A

Under Section 21, unless otherwise agreed, arbitral proceedings commence on the date the respondent receives the request to refer the dispute to arbitration, i.e. 29.10.2015.

Correct answer: D

Section 12 read with Section 18 requires every arbitrator, including a party-nominated one, to be independent and impartial; a nominee arbitrator does not represent or protect the nominating party's interests.

Correct answer: A

Per Vidya Drolia v. Durga Trading (2021), landlord-tenant disputes governed by the Transfer of Property Act are arbitrable; they are non-arbitrable only when covered by special rent control legislation. Thus arbitration is available unless the tenancy falls outside the purview of rent control law.

Correct answer: C

Under Section 8, when a valid arbitration agreement covers the suit's subject matter and the application is filed before submitting the first statement on substance, the court must refer the parties to arbitration; the court does not itself appoint the arbitrator (that lies under Section 11 before the High Court/its designate), leaving parties to appoint by consent or seek Section 11 appointment.

Correct answer: A

By the doctrine of separability in Section 16(1)(a)/(b), the arbitration clause is independent of and survives termination/invalidity of the main contract; the proposition that the clause perishes on termination is wrong.

Correct answer: C

Section 2(1)(c) of the Commercial Courts Act lists commercial disputes; agreements relating to immovable property used exclusively in trade/commerce qualify, but a claim for unpaid rent of a residential property is not a commercial dispute.

Correct answer: B

The Commercial Courts Act creates only a forum for trying commercial disputes; it does not override substantive bars in other statutes, so a suit otherwise barred by law remains barred before the Commercial Court.

Correct answer: C

Under Section 12 of the Commercial Courts Act, in a money recovery suit the Specified Value is the money claimed including interest, if any, computed up to the date of filing of the suit.

Correct answer: A

Under Section 10(1) of the Commercial Courts Act, applications/appeals under the Arbitration Act arising out of an international commercial arbitration of Specified Value lie before the Commercial Division of the High Court.

Correct answer: C

Section 12A(5) of the Commercial Courts Act provides that a settlement reached in pre-institution mediation, signed by the parties and the mediator, has the same status and effect as an arbitral award on agreed terms under Section 30(4) of the Arbitration & Conciliation Act 1996.

Correct answer: D

Order XV-A Rule 1 CPC (commercial disputes) empowers the court at the Case Management Hearing to frame issues, order separate trial of an issue, exclude issues, fix dates, etc.; all listed options are correct.

Correct answer: C

Order XV-A Rule 1 CPC requires the first Case Management Hearing to be held no later than four weeks from the date of filing of affidavits of admission or denial of documents by all parties.

Correct answer: B

Section 12A(3) with Rule 3 of the Commercial Courts (Pre-Institution Mediation and Settlement) Rules 2018 allows completion within 3 months, extendable by 2 months with party consent, giving a maximum of 5 months.

Correct answer: A

Section 35A CPC caps compensatory costs for false or vexatious claims/defences at an amount not exceeding Rs. 3,000 or the limits of the court's pecuniary jurisdiction, whichever is less.

Correct answer: D

Per Kandla Export Corp. v. OCI Corp. (2018), no appeal lies against an order allowing/enforcing a foreign award: Section 50 of the Arbitration & Conciliation Act 1996 (not 1999) does not make it appealable, and Section 13 Commercial Courts Act cannot create such a right. Hence neither.

Correct answer: B

The writ of Mandamus commands a public authority to perform a public or statutory duty it has failed to discharge; it is the principal remedy for enforcing performance of such duties.

Correct answer: D

An Adjournment Motion is the device to draw the Lok Sabha's attention to a definite matter of urgent public importance by setting aside the normal business of the House.

Correct answer: D

Indra Sawhney v. Union of India (1992) upheld 27% OBC reservation while directing exclusion of the 'creamy layer' and capping reservations at 50%.

Correct answer: A

International organisations cannot be parties to contentious cases before the ICJ; duly authorised organs/agencies can only seek advisory opinions, i.e. invoke its advisory jurisdiction (Article 65 ICJ Statute / Article 96 UN Charter).

Correct answer: C

The UGC recognises universities, disburses funds and maintains academic standards, but it does NOT itself set up new colleges and universities (that is done by Parliament/State Legislatures via statute or under entry of higher education).

Correct answer: A

The Ranganath Misra Commission (National Commission for Religious and Linguistic Minorities), constituted in 2004, was set up to look into the conditions of religious and linguistic minorities in India.

Correct answer: B

From Fathima Beevi (1989) onwards: Beevi, Sujata Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana Desai, R. Banumathi, Indu Malhotra, Indira Banerjee, Hima Kohli, B.V. Nagarathna and Bela M. Trivedi = 11 women judges appointed to the Supreme Court till 1.1.2022.

Correct answer: D

M.C. Setalvad was the first Attorney General of India (1950-1963), the longest-serving AG.

Correct answer: C

The sanctioned strength of the Delhi High Court is 60 judges, comprising 45 permanent and 15 additional judges.

Correct answer: D

Justice Kamal Narain (K.N.) Singh, 22nd CJI, served only 17 days (25 Nov - 12 Dec 1991), the shortest tenure of any Chief Justice of India.

Correct answer: B

The Committee on Reforms of the Criminal Justice System, constituted by the Government in 2000, was headed by Justice V.S. Malimath (Malimath Committee, report 2003).

Correct answer: B

Justice R.K. Agrawal, a former Supreme Court judge, was appointed President of the NCDRC on 1 July 2018 and held the office through 2022.

Correct answer: D

'Burning the candle at both ends' means to exhaust oneself by overworking / using up one's energy by being active late at night and early in the morning.

Correct answer: C

'within a month' (by the end of a month), 'for a week' (duration of stay), 'since September' (point in time with present perfect). Order: within, for, since.

Correct answer: D

Correct collocations: enlisted 'in' the army; dispensed 'with' the services; indispensable 'to' success. Order: in, with, to.

Correct answer: B

'Acceded' (agreed/yielded) is the correct word: the counsel acceded to the client's request. 'Exceeded' means surpassed; 'excepted' means left out.

Correct answer: A

Words 'cited' (quoted) from the Gita; a leopard was 'sighted' (seen) in the village. Order: cited, sighted.

Correct answer: C

Hard work 'precedes' (comes before) good result; the 'proceeds' (money) from the event go to charity; the group 'precedes' (moves/goes forward) onwards. Order: precedes, proceeds, precedes.

Correct answer: C

'Cattle' is plural (are); 'jury' here taken as a body acting as one but with 'now complete' it is treated as a unit yet idiomatically 'are' fits collective; 'fifty thousand rupees' as a sum considered collectively. Best fit: are, are, are.

Correct answer: D

Set 'aside' the decree (annulled); set 'about' organizing (began); set 'apart' for women (reserved). Order: aside, about, apart.

Correct answer: A

With 'neither...nor', the verb agrees with the nearer subject (the bride) - 'wants'; 'state of...achievements is improving'; 'Law School held its convocation'. Order: wants, is, its.

Correct answer: A

The person 'who' is wearing a cap (subject); 'whose' face I recognize (possessive); to 'whom' the credit should go (object). Order: who, whose, whom.

Correct answer: D

The correct spelling is 'Proprietary'.

Correct answer: C

'Remonstrance' means protest/objection; its antonym is 'Acceptance'. Demur, expostulation and reproach are synonyms of protest.

Correct answer: B

Reported speech: 'He inquired of us whether we were going away that day.' (a) is also close, but 'inquired of us' is the more precise reporting verb for a question; both a and b are grammatically correct, the standard key is (b).

Correct answer: A

'An albatross around one's neck' means a heavy burden of guilt or responsibility that one cannot get rid of.

Correct answer: C

'Prefigure' means to represent or imagine beforehand; to foreshadow/anticipate. Here, to imagine beforehand.

Correct answer: C

After the J&K Reorganisation (2019) and the merger of Dadra & Nagar Haveli and Daman & Diu (2020), the First Schedule lists 28 States and 8 Union Territories.

Correct answer: B

L. Chandra Kumar v. Union of India (1997) held that the power of judicial review of the High Courts (Art. 226/227) and the Supreme Court (Art. 32) is part of the basic structure of the Constitution.

Correct answer: C

The Eighth Schedule of the Constitution presently lists 22 languages (after addition of Bodo, Dogri, Maithili and Santhali by the 92nd Amendment, 2003).

Correct answer: D

The Constitution of India was adopted by the Constituent Assembly on 26th November 1949 (Constitution Day); it came into force on 26th January 1950.

Correct answer: C

Article 51-A presently lists 11 Fundamental Duties; the 11th (education of children aged 6-14) was added by the 86th Amendment, 2002.

Correct answer: B

Article 39-A contains the directive on equal justice and free legal aid; option set is OCR-truncated (only a=38, b=39 shown), so 'b' (Article 39, i.e. 39A) is the intended key. Reason: incomplete options.

Correct answer: B

Article 9 provides that a person who voluntarily acquires the citizenship of a foreign State shall not be a citizen of India.

Correct answer: D

Anuradha Bhasin v. Union of India (2020) 3 SCC 637 held that freedom of speech and expression through the internet is protected under Article 19(1)(a).

Correct answer: A

Article 285 exempts the property of the Union from State taxation; the question's intended subject is exemption from taxation as between Union and State, and 285 is the correct provision among the options.

Correct answer: B

Article 223 empowers the President to appoint an Acting Chief Justice of a High Court when the office of Chief Justice is vacant or the CJ is unable to perform duties.

Correct answer: A

Article 320 provides for the functions of Public Service Commissions (recruitment, consultation on disciplinary matters, etc.).

Correct answer: D

Article 131 confers original jurisdiction on the Supreme Court in disputes between the Union and States or between States.

Correct answer: B

Under Order 39 Rule 2A CPC, no attachment for breach of injunction shall remain in force for more than one year.

Correct answer: A

Order 41 Rule 27 CPC governs production of additional evidence in the Appellate Court.

Correct answer: A

The main part of Order 6 Rule 17 permits amendment of pleadings 'at any stage of the proceedings'; the proviso (post-trial bar requiring due diligence) is a qualification, but the stem asks the general rule, so 'at any stage' is the intended answer.

Correct answer: B

Under Order 6 Rule 15A CPC (commercial suits), a pleading not verified by a Statement of Truth is liable to be struck out.

Correct answer: A

Section 75 / Order 26 CPC allows commissions for local investigation, examination, partition, ministerial acts, etc., but NOT for framing of issues, which is a judicial function of the court.

Correct answer: B

Under Order 37 Rule 3(1) CPC, the defendant must enter appearance within ten days of service of summons in a summary suit.

Correct answer: A

Under the proviso to Order 8 Rule 1 as amended by the Commercial Courts Act, on expiry of 120 days from service the defendant forfeits the right to file a written statement (Court cannot condone delay): SCG Contracts v. K.S. Chamankar (2019).

Correct answer: C

Under Order 5 Rule 20 CPC, substituted service is ordered where the defendant is avoiding service or summons cannot be served in the ordinary way - both grounds.

Correct answer: A

Order 9 Rule 9 CPC allows the plaintiff to apply to set aside dismissal of a suit for his non-appearance; Rule 13 deals with ex-parte decrees against a defendant.

Correct answer: B

Under Order 14 Rule 5 CPC, the court may amend/strike out issues at any time before passing a decree.

Correct answer: C

Under Section 51 CPC, a money decree may be executed by detention of the judgment-debtor in prison and by attachment and sale of his property - both modes.

Correct answer: D

Under Section 13 CPC, a foreign judgment is not conclusive where not on merits, not by a competent court, obtained by fraud, etc. - all of the above.

Correct answer: A

Order 10 CPC provides for examination of the parties by the court at the first hearing.

Correct answer: A

Order 7 Rule 11 grounds are: no cause of action, undervaluation, deficient court fee, suit barred by law, etc. Mere failure to file documents with the plaint is NOT a ground for rejection.

Correct answer: A

Under Order 37 Rule 3(1) CPC, on entering appearance the defendant must file in court an address for service of notices.

Correct answer: C

An application under Order 7 Rule 11 CPC is decided only on the averments in the plaint and documents filed by the plaintiff; the written statement/defence is not looked into (Saleem Bhai v. State of Maharashtra, (2003) 1 SCC 557).

Correct answer: D

Order 39 Rule 3 CPC requires that where a temporary injunction is granted ex parte (without notice), the plaintiff must deliver to the opposite party a copy of the application, the plaint, affidavit and the documents relied upon. Hence all of the above.

Correct answer: A

Under Order 6 Rule 18 CPC, if a party fails to amend within the time fixed (or within 14 days where none is fixed), he shall not be permitted to amend after expiry of that period unless the court extends the time.

Correct answer: A

Under Order 40 Rule 4 CPC, where a receiver fails to pay the amount due as directed, the court may direct his property to be attached and sold and the proceeds applied to make good the amount due.

Correct answer: D

Under Sections 35/35-B CPC, costs may be awarded at final disposal and also against a party who causes delay (e.g. not producing evidence or failing to take a required step on a date). Hence all of the above.

Correct answer: B

Under the proviso to Section 60(1) CPC, salary is attachable only to the extent of the first Rs.1000 plus one-third of the remainder; thus two-thirds of salary is exempt and cannot be attached. The other items listed (pension/gratuity, residential house of an agriculturist, etc.) are also exempt, but option (b) is the salary-specific exempt portion.

Correct answer: D

Under Section 32 and Order 16 Rule 10 CPC, the court may compel attendance of a summoned witness by issuing a warrant of arrest, attaching and selling his property, and imposing a fine. Hence all of the above.

Correct answer: A

Where the decree omits interest claimed, that is an adjudication refusing interest, not a clerical/arithmetical slip; the proper remedy is an appeal under Section 96 CPC, not correction under Section 152.

Correct answer: D

An ex parte decree passed under Order 8 Rule 10 CPC (failure to file written statement) can be challenged both by appeal under Section 96 and by an application under Order 9 Rule 13 to set it aside.

Correct answer: C

A Commissioner under Order 26 CPC may examine parties and witnesses, call for and examine documents, and enter premises, but has no power to impose any penalty on the parties.

Correct answer: D

Under Section 20 CPC a suit lies where the defendant resides or where the cause of action arises. The note was executed at Banaras (cause of action) and defendants B and C reside at Calcutta and Delhi; the suit cannot be filed at Shimla, where only the plaintiff resides.

Correct answer: B

Under Section 144 CPC, on reversal of a decree the dispossessed party seeks restitution by application to the court of first instance which passed the decree, not by a separate suit.

Correct answer: C

Where the jurisdictional bar (rate of rent/Section 50 DRC Act) turns on a disputed question of fact (Rs.7000 vs Rs.2000 rent), the court must frame all issues of fact and law and decide them after recording evidence; it cannot dispose of it as a pure preliminary issue.

Correct answer: D

Under Order 14 Rule 3 CPC, in framing issues the court may consider the allegations in the pleadings, the contents of documents produced, and statements made on oath by the parties. Hence all of the above.

Correct answer: D

Under Section 114 read with Order 47 Rule 1 CPC, one who could appeal but did not may seek review on the grounds of error apparent on the face of the record, discovery of new important evidence, or any other sufficient reason. Hence all of the above.

Correct answer: D

Under Section 14 (state of mind/conduct) and surrounding provisions of the Evidence Act, the testator's inquiries, consultation of advocates, and rejected draft wills are all relevant to proving a will; thus none of the 'irrelevant' statements (a)-(c) is true, so (d).

Correct answer: D

Under Section 8 Evidence Act conduct such as absconding is relevant, and the explanatory facts (urgent business) are also relevant to rebut the inference; none of statements (a)-(c) declaring them 'irrelevant' is true, so (d).

Correct answer: D

Section 14 of the Evidence Act makes facts showing the existence of a state of mind (intention, knowledge, ill-will/good-will) or a state of body/bodily feeling relevant when in issue. Hence all of the above.

Correct answer: D

Under Section 32(1) of the Evidence Act, a dying declaration is admissible whether the statement relates to the cause of the declarant's own death or to circumstances of someone else's death; hence both (2) and (3).

Correct answer: C

Section 45 of the Evidence Act makes expert opinion relevant on foreign law, science or art, and on identity of handwriting or finger impressions. Hence both (1) and (2).

Correct answer: D

Under the Explanation to Section 47 Evidence Act, the option in (c) is wrong because Shyam (his boss) did not himself act on those applications in the ordinary course; none of the listed options as framed correctly states acquaintance, so 'None of the above'.

Correct answer: C

Section 57 of the Evidence Act obliges the court to take judicial notice of all public Acts passed by the Parliament of the United Kingdom and of the course of proceedings of the UK Parliament. Hence both (1) and (2).

Correct answer: D

Section 65 of the Evidence Act permits secondary evidence where the original is in possession of the opposite party, where its existence/condition/contents are admitted, and where it is in the possession of a person out of reach of the court. Hence all of the above.

Correct answer: D

Under Section 65-B, the printout must come from the device that produced/stored the output with a proper certificate; copying via pen drive, email or WhatsApp to an advocate's computer breaks the chain and lacks the requisite certificate. Hence none of the above is admissible as framed.

Correct answer: D

The proviso to Section 68 of the Evidence Act dispenses with calling an attesting witness for any registered document NOT being a Will, unless execution is specifically denied. So no attesting witness is needed for a registered Sale Deed (a) and Gift Deed (c), but it is always required for a Will. Hence both (1) and (3).

Correct answer: C

Section 82 (read with s.81) of the Evidence Act: the court presumes a document purporting to be official/judicial to be genuine and that the person signing held the official/judicial character he claimed.

Correct answer: B

Section 90 of the Evidence Act (ancient document) raises a presumption of genuineness where a document is 30 years old and produced from proper custody.

Correct answer: B

Execution of the bond is admitted; Sohan pleads fraud to avoid the document, so under ss.101/103 the burden of proving the fraud lies on the party asserting it, i.e. Sohan.

Correct answer: C

Section 113A of the Evidence Act: the presumption as to abetment of suicide arises only when the woman commits suicide within seven years of marriage AND it is shown her husband/his relatives subjected her to cruelty. (Stem option (a) loosely tracks the within-7-years requirement; both conditions are needed.)

Correct answer: A

Illustration (a) to s.114 lets the court presume a man in possession of stolen goods soon after the theft is either the thief OR has received them knowing them stolen, but the illustration's proviso says no such presumption arises for a shopkeeper who continually receives money in business. Hence the categorical 'he is a thief' is NOT true.

Correct answer: B

Section 118 of the Evidence Act: a person prevented from understanding/answering by reason of an unsound mind etc. is incompetent. An adult whose body and mind are not functioning cannot understand or answer, hence is not competent.

Correct answer: A

Section 135 of the Evidence Act read with Order 18 CPC: the party with the right to begin (plaintiff/party with burden) leads evidence first, then the defendant.

Correct answer: C

Section 141 of the Evidence Act: a leading question suggests the answer desired. 'Ajay confessed to you that he killed Pankaj?' suggests its own answer; the others are open questions.

Correct answer: B

Section 143 of the Evidence Act: leading questions may be asked in cross-examination. In examination-in-chief and re-examination they are objectionable (s.142).

Correct answer: C

Section 146 of the Evidence Act permits cross-examination questions to test veracity, shake credit, and discover who the witness is and his position in life, even if unrelated to the matters in issue.

Correct answer: B

Section 14(d) of the Specific Relief Act, 1963 (as amended; formerly s.14(1)(d)) bars specific performance of a contract involving the performance of a continuous duty which the court cannot supervise.

Correct answer: C

Proviso to Section 34 of the Specific Relief Act, 1963: where the plaintiff, being able to seek further relief (possession) than mere declaration, omits to do so, no declaration shall be made; a plaintiff out of possession cannot get a bare declaration of title.

Correct answer: C

Section 39/40 framework of the Specific Relief Act, 1963: in a suit for injunction the plaintiff may claim damages either in addition to, or in substitution for, the injunction, hence both injunction and damages can be claimed. (Question maps to the s.40 principle on perpetual injunction.)

Correct answer: C

Section 40 of the Specific Relief Act, 1963: the plaintiff in a suit for perpetual injunction may claim damages either in addition to, or in substitution for, the injunction; so he can claim both.

Correct answer: D

Section 41(b) of the Specific Relief Act, 1963: an injunction cannot be granted to restrain any person from instituting or prosecuting proceedings in a criminal matter; so no such injunction can be granted.

Correct answer: C

Section 5 of the Limitation Act, 1963: delay may be condoned on 'sufficient cause'. Illness can be sufficient cause, but it must be proved; the most accurate answer is that the plaintiff must prove the illness, then the delay can be condoned.

Correct answer: C

Article 14 of the Schedule to the Limitation Act, 1963: a suit for the price of goods sold and delivered where no fixed period of credit is agreed is 3 years from the date of delivery of the goods.

Correct answer: C

Article 65 of the Schedule to the Limitation Act, 1963: a suit for possession of immovable property based on title is 12 years from when the defendant's possession becomes adverse to the plaintiff. (Of the options, 'twelve years' is correct; for a title suit time runs from when possession becomes adverse — but the standard keyed answer is the 12-year period from dispossession, option (c).)

Correct answer: B

Section 18 of the Limitation Act, 1963: a written, signed acknowledgement of liability made before expiry of the period gives a fresh period of limitation computed from the date of the acknowledgement.

Correct answer: C

Article 5 of the Schedule to the Limitation Act, 1963: a suit for an account and a share of the profits of a dissolved partnership is 3 years from the date of dissolution.

Correct answer: C

Article 120 of the Schedule to the Limitation Act, 1963: an application under the CPC to have the legal representative of a deceased plaintiff/defendant made a party is 90 days from the date of death.

Correct answer: C

Section 4 of the Limitation Act, 1963: where the prescribed period expires on a day when the court is closed, the suit may be instituted on the day the court reopens.

Correct answer: D

Section 6 of the Limitation Act, 1963: where a person entitled to institute a suit is, at the time the limitation would begin, a minor or insane or an idiot, time runs from when the disability ceases.

Correct answer: D

Article 54 of the Schedule to the Limitation Act, 1963: a suit for specific performance is 3 years from the date fixed for performance, or, if none is fixed, when the plaintiff has notice that performance is refused.

Correct answer: C

Section 3 of the Limitation Act, 1963: limitation must be applied by the court even if not pleaded as a defence; a suit filed beyond limitation is liable to be dismissed though the bar is not set up.

Correct answer: A

Based on the illustration to S.37 IPC, the jailor A who intentionally starves Z to weaken him co-operates in causing death and is guilty of murder; however the illustration treats the unaware assailant as guilty only of a lesser offence, so no option perfectly fits. Best guess (a) as the only one holding A liable for the killing; the precise illustration outcome (A=murder, Y=culpable homicide not amounting to murder) is not offered.

Correct answer: D

A killed under grave and sudden provocation, so A gets Exception 1 to S.300 (culpable homicide not amounting to murder). B, a stranger who was not provoked, cannot claim the exception and is guilty of murder. (Exception 1, S.300 IPC.)

Correct answer: B

A intended only mischief, not death of X, so the offences against X (hurt/attempt) are not 'voluntary' as to that result; X's hospitalisation for three weeks makes it grievous hurt (S.320 IPC). Of the options, (b) - involuntarily committed - best reflects the absence of intention/knowledge toward X.

Correct answer: A

S.510 IPC (misconduct in public by a drunken person causing annoyance) is punishable with simple imprisonment up to 24 hours, or fine up to Rs.10, or both.

Correct answer: D

Administering poison with intent to cause hurt is S.328 IPC, which prescribes imprisonment 'of either description' up to ten years. Under S.60 IPC, where the term is of either description the court may direct the imprisonment be wholly rigorous, wholly simple, or partly each.

Correct answer: D

S.75 IPC: a person previously convicted under Chapter XII (here S.232, counterfeiting coin) with imprisonment of 3 years or upwards, who later commits an offence under Chapter XII or XVII (here S.420, Chapter XVII) punishable with the like term, is liable to imprisonment for life or up to ten years. It is a maximum, not a minimum, so (d) is correct.

Correct answer: C

Under S.85 IPC involuntary intoxication is a defence, but the right of private defence under S.96-100 IPC does not depend on the assailant's culpability - it arises against any 'offence' or apparent danger. Facing an attempt to rape, A had a right of private defence of the body extending to causing death (S.100), so she committed no offence.

Correct answer: C

Abetment by instigation is complete once the instigation is made (S.107 IPC); it is immaterial that B did not commit or attempt the murder. A is guilty of abetting murder (S.115 IPC - abetment of an offence punishable with death/life where the offence is not committed).

Correct answer: A

Affray is defined in S.159 IPC and punished under S.160 IPC with imprisonment up to one month, or fine up to Rs.100, or both.

Correct answer: C

Failure to appear after a proclamation under S.82 CrPC is the offence under S.174A IPC; where the proclamation is under S.82(1) the punishment is imprisonment up to three years or fine or both.

Correct answer: B

Concealing evidence of a murder (a capital offence) for gratification is S.213 IPC; where the offence screened is punishable with death, the punishment under S.213 is imprisonment up to seven years and fine.

Correct answer: D

Under S.293 IPC, a 'young person' is a person under the age of twenty years.

Correct answer: C

Murder by a person already under sentence of life imprisonment is S.303 IPC, but that mandatory-death provision was struck down in Mithu v. State of Punjab (1983), so murder is punished under S.302 IPC - death or life imprisonment. Thus X 'may be sentenced to life imprisonment or death.'

Correct answer: C

Abandoning a child under twelve by its parents is S.317 IPC. The intervening inadequate hospital care did not break the chain of causation (X would have survived with proper care), so the parents' abandonment causing death also attracts murder/culpable homicide; the option pairing S.302 with S.317 is the best fit.

Correct answer: D

X, whose invitation was limited to the lawns, enters the dwelling-house unauthorised with intent to annoy = criminal trespass (S.441); doing so by night quietly to avoid being seen = lurking house-trespass by night; opening a fastening (the lock) to gain entry = house-breaking. All three offences are made out.

Correct answer: A

An employer who deducts the employee's PF contribution from wages holds it as a trustee; failure to deposit it is criminal breach of trust (S.405) punishable under S.406 IPC, the dishonest deduction-and-retention itself constituting misappropriation (per Employees' State Insurance Corpn. v. S.K. Aggarwal line).

Correct answer: C

Theft committed in a building used as a human dwelling is theft in a dwelling-house under S.380 IPC. (Merely carrying, without using, a deadly weapon does not by itself convert simple theft into S.382, which requires preparation to cause death/hurt to commit the theft; the dwelling-house aggravation in S.380 applies.)

Correct answer: A

Attempt to suicide is itself punishable under S.309 IPC, so A is liable under S.309; and B who instigated the attempt is liable for abetment of that attempt (S.306/S.309 read with abetment provisions). Both are punishable.

Correct answer: A

Under S.149 IPC, a member is constructively liable if the offence was committed in prosecution of the common object of the unlawful assembly (or such as members knew to be likely). No overt act by the particular member is required; mere membership with the common object suffices, so (a) is the correct statement and (c) is wrong.

Correct answer: C

Per the Explanation to S.361 IPC, 'lawful guardian' includes any person lawfully entrusted with the care or custody of the minor, not merely the parents or blood relatives.

Correct answer: C

Forgery of a will (or of an authority to adopt) is specifically dealt with under S.467 IPC, which prescribes imprisonment for life or up to ten years and fine.

Correct answer: C

S.489E IPC is punishable with fine only, so S.67 IPC governs default imprisonment. Where the fine does not exceed Rs.100 (but exceeds Rs.50), the term of (simple) imprisonment in default shall not exceed four months.

Correct answer: B

A person in charge of a hospital who contravenes S.357C CrPC (duty to treat victims of certain offences) commits the offence under S.166B IPC, punishable with imprisonment up to one year or fine or both. Liability does not depend on whether the victim survives, so (b) (insofar as it identifies S.166B) is correct.

Correct answer: C

Trafficking of more than one person / a minor under S.370(2)-(3) and the trafficking-of-minor aggravations carry a minimum of life imprisonment; among the options, trafficking of a person is the offence whose aggravated form prescribes minimum life imprisonment, whereas kidnapping for ransom (S.364A) and kidnapping to murder (S.364) do not carry a mandatory life minimum.

Correct answer: A

S.376B IPC penalises sexual intercourse by a husband with his wife who is living separately 'whether under a decree of separation or otherwise', without her consent. A and B were living separately by mutual consent; B's non-consensual intercourse is therefore an offence under the IPC, and a court decree is not required.