Delhi Judiciary — Prelims 2023

Correct answer: D

The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the State into two Union Territories: the UT of Jammu and Kashmir (with legislature) and the UT of Ladakh (without legislature).

Correct answer: A

Vishaka v. State of Rajasthan (1997) 6 SCC 241 laid down guidelines for the prevention of sexual harassment of women at the workplace, later codified in the POSH Act, 2013.

Correct answer: B

Kesavananda Bharati v. State of Kerala (1973) was decided by the largest-ever Constitution Bench of 13 judges, which propounded the basic structure doctrine.

Correct answer: D

The Allahabad High Court has the largest sanctioned strength of judges (160) of any High Court in India, far exceeding Bombay, Madras and Madhya Pradesh.

Correct answer: A

Supriyo @ Supriya Chakraborty v. Union of India (2023) concerned the prayer for legal recognition of same-sex marriage; the Court declined to grant it. Decriminalisation of homosexuality was already done in Navtej Johar (2018).

Correct answer: A

Justice H.J. Kania was the first Chief Justice of India, serving from 1950.

Correct answer: A

Stare decisis ('to stand by things decided') is the doctrine of binding judicial precedent.

Correct answer: B

The Bharatiya Sakshya Bill, 2023 was the Bill introduced to replace the Indian Evidence Act, 1872 (later re-introduced as Bharatiya Sakshya Adhiniyam).

Correct answer: C

The 106th Amendment (Women's Reservation/Nari Shakti Vandan Adhiniyam, 2023) reserves one-third seats in the Lok Sabha, State Legislative Assemblies and the Delhi Assembly, but not the Rajya Sabha or State Legislative Councils.

Correct answer: D

Section 6 POCSO Act (as amended in 2019) punishes aggravated penetrative sexual assault with rigorous imprisonment not less than 20 years extendable to imprisonment for life (remainder of natural life) and fine, or with death.

Correct answer: D

Under Section 14 (read with the Schedule) of the Specific Relief Act, 1963, a contract made by a trustee in excess of his powers or in breach of trust, and one whose performance is wholly/partly of a trust, cannot be specifically enforced; hence both.

Correct answer: A

A suit under Section 6 (the question mislabels it as 'Section 5') of the Specific Relief Act decides only possession, not title; ownership is irrelevant, and no appeal or review lies against such a decree (Section 6(3)).

Correct answer: A

Under Section 16(c) of the Specific Relief Act, 1963, specific performance cannot be granted in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms (readiness and willingness).

Correct answer: D

Under Section 20 of the Specific Relief Act (substituted-performance), the plaintiff must give not less than 30 days' written notice to perform, may get it done through a third party, and may also claim compensation; hence all of the above.

Correct answer: D

Under the proviso to Order VI Rule 17 CPC, no amendment is allowed after the trial has commenced if the party could have raised the matter with due diligence before; here the documents were always within the plaintiff's knowledge.

Correct answer: B

When leave to defend under Order XXXVII Rule 3(5) is refused and the summary suit is decreed, the decree is appealable as a regular first appeal under Section 96 CPC.

Correct answer: C

Under Section 2(2) CPC, a decree includes the rejection of a plaint (Order VII Rule 11) and a judgment on admissions under Order XII Rule 6; dismissal in default and rejection of an Order I Rule 10 application are not decrees. Hence both I and II.

Correct answer: C

Section 232 IPC (counterfeiting Indian coin) prescribes imprisonment for life, or imprisonment up to 10 years, and fine. Among the options, imprisonment up to 10 years and fine is the closest correct statement.

Correct answer: B

Theft accompanied by causing/attempting to cause death, hurt, wrongful restraint or fear thereof (here, gunpoint and tying up) is theft amounting to robbery under Section 390 IPC. It is not dacoity (requires five or more persons).

Correct answer: C

Theft (Section 378 IPC) is complete the moment a thing is dishonestly moved without consent; taking the file with dishonest intent constitutes theft even though it was later returned (wrongful gain/loss is enough).

Correct answer: D

Under Section 463/464 IPC, making a false document is forgery when done with intent to cause damage/injury to the public or any person, to support any claim, or to commit fraud; hence all of the above.

Correct answer: D

House-trespass (Sections 441/442 IPC) is committed where entry into another's property is with intent to commit an offence or to intimidate, insult or annoy the person in possession; hence all of the above.

Correct answer: A

Exposing/abandoning a child under twelve years by a parent or person having care, with intent to wholly abandon it, is an offence under Section 317 IPC; the mother has committed abandonment of child.

Correct answer: B

Under Section 2(1)(d) of the LLP Act, 2008, 'body corporate' expressly excludes a corporation sole, a co-operative society, and other notified bodies, but expressly includes a company incorporated outside India.

Correct answer: A

A tenant inducted by the landlord (even a non-owner in settled possession) is estopped under Section 116 of the Evidence Act from denying the landlord's title during the tenancy; hence Sanjay cannot question Sarita's title and she is entitled to a decree of eviction.

Correct answer: D

Section 134 of the Indian Evidence Act, 1872 expressly provides that no particular number of witnesses is required for proof of any fact.

Correct answer: B

Under Section 108 of the Indian Evidence Act, a person not heard of for seven years by those who would naturally have heard of him is presumed dead.

Correct answer: A

Under Section 126 of the Evidence Act, the past confession to Victoria's murder is privileged, but the proviso excludes communications in furtherance of a future crime or fraud, so the plan to kill Sofia is not protected.

Correct answer: C

Section 63 of the Evidence Act lists both mechanical copies ensuring accuracy and oral accounts by a person who has seen the document as secondary evidence.

Correct answer: B

A postal endorsement of 'refusal' corroborated by the process server's report constitutes good and sufficient service under Order V Rule 9/Order IX, so an application under Order IX Rule 13 on the ground of non-service fails.

Correct answer: C

Under Order I Rule 10(2) CPC the court may add a person whose presence is necessary to effectually adjudicate; the defendant's plea that his son is the real tenant justifies impleading the son to grant complete relief.

Correct answer: B

Under Order VIII Rule 1 as amended by the Commercial Courts Act, 2015, the written statement in a commercial suit must be filed within 120 days of service, an outer limit that is mandatory and beyond which the right to file is forfeited (SCG Contracts v K.S. Chamankar).

Correct answer: A

Order II Rule 2 CPC bars a subsequent suit for a portion of the claim (2016 arrears) that arose from the same cause of action and was omitted from the earlier suit.

Correct answer: D

Section 299 CrPC permits recording of prosecution evidence in the accused's absence where the accused has absconded and there is no immediate prospect of arresting him.

Correct answer: A

The Witness Protection Scheme, 2018 (approved in Mahender Chawla v Union of India) provides for assessment of threat perception to a witness or his family during investigation, trial or thereafter; threat is assessed by the competent authority (Head of Police via Threat Analysis Report), not binding on the court, and the scheme does provide identity change and relocation.

Correct answer: B

The statement is incorrect: the Magistrate recording a victim's statement under Section 164 CrPC must record the incident in the victim's own words after satisfying that she is not tutored or under threat/influence, not rely on the IO's opinion of truthfulness.

Correct answer: A

It is settled that a court takes cognizance of the offence and not the offender (R.R. Chari v State of U.P.); cognizance is of the offence.

Correct answer: D

Default/statutory bail for non-completion of investigation within the stipulated period is granted under the proviso to Section 167(2) CrPC.

Correct answer: A

Section 7 of the Arbitration and Conciliation Act, 1996 requires an arbitration agreement in writing; an agreement can be formed by an exchange of letters, so addressing a letter proposing arbitration and obtaining Y's agreement is a valid route. An oral agreement, a suit to compel agreement, or a Section 11 application (which presupposes an existing agreement) are not.

Correct answer: B

Under Section 21 of the Arbitration and Conciliation Act, 1996, arbitral proceedings commence on the date the respondent receives a request for the dispute to be referred to arbitration.

Correct answer: D

Under Section 31(2) of the Act, in proceedings with more than one arbitrator the signatures of a majority suffice provided the reason for any omitted signature is stated.

Correct answer: C

Section 33 of the Act permits correction of computation/clerical/typographical errors and interpretation of a part of the award, but not a review on the ground of an error apparent on the face of the record.

Correct answer: D

Section 37 enumerates appealable orders; an order allowing (referring parties to arbitration under) Section 8 is not among them, whereas refusal to refer, refusal of Section 9 measures, and dismissal of a Section 34 petition are appealable.

Correct answer: B

Section 10 of the Arbitration and Conciliation Act, 1996 requires that the number of arbitrators shall not be an even number; thus 4 arbitrators is legally impermissible while 3, 5 and 7 are valid.

Correct answer: D

Under Section 74 of the Act, a settlement agreement reached in conciliation has the same status and effect as an arbitral award on agreed terms under Section 30.

Correct answer: A

Under Section 6(2) of the LLP Act, 2008, where the LLP carries on business with fewer than two partners for more than six months, the sole remaining partner who knows this and continues is personally liable for the LLP's obligations incurred during that period.

Correct answer: D

Section 64 of the LLP Act, 2008 lists all these circumstances (members below two for over six months, acting against sovereignty/integrity/security/public order, and just-and-equitable winding up) as grounds for winding up by the Tribunal.

Correct answer: C

Section 2(2) of the Limitation Act, 1963 defines 'bill of exchange' to include a hundi and a cheque, so both statements (that they are not bills of exchange) are incorrect.

Correct answer: A

Under Section 3 of the Limitation Act, 1963 a suit instituted after the prescribed period must be dismissed even though limitation is not set up as a defence; the bar operates by statute irrespective of pleadings.

Correct answer: C

Both are correct: Section 3(2) of the Limitation Act provides a pauper's suit is instituted when the application for leave to sue as a pauper is presented (deemed instituted when allowed/presented), and a counterclaim is instituted on the date it is made; here both statements per the Act are correct (set-off/counterclaim treated as a plaint), making 'both correct' the best answer.

Correct answer: A

Under Section 4 of the Limitation Act, 1963, when the prescribed period expires on a day the court is closed, the suit may be instituted on the day the court reopens. As the courts were closed on 25th (the day limitation ended) and 26th January, filing on 27th January is within time; the suit is not barred.

Correct answer: B

Under Section 26 of the Indian Evidence Act, a confession made while in police custody is inadmissible unless made in the immediate presence of a Magistrate. Option (a) (a senior police officer) does not cure the bar.

Correct answer: B

Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppel. Hence only proposition (2) is correct.

Correct answer: A

Section 90A of the Indian Evidence Act allows the court to presume the correctness of the electronic/digital signature on an electronic record purporting to be five years old, produced from proper custody.

Correct answer: C

Section 122 of the Indian Evidence Act protects communications made during marriage between spouses from compelled disclosure, subject to exceptions (consent, or suits/proceedings between the spouses).

Correct answer: D

Section 108 of the Indian Evidence Act uses the words 'who would naturally have heard of him if he had been alive'; the burden of proving he is alive shifts to the person who affirms it.

Correct answer: B

Under Section 3 of the Indian Evidence Act (definition of 'document', read with Section 65B), an electronic record produced before the court is treated as documentary evidence.

Correct answer: B

Under Section 119 of the Indian Evidence Act, a witness unable to speak may give evidence by writing or signs in open court; such evidence is deemed to be oral evidence.

Correct answer: D

Section 102 of the Indian Evidence Act: the burden of proof lies on the person who would fail if no evidence at all were given on either side.

Correct answer: A

The settled standard of proof is 'preponderance of probabilities' in civil cases and 'beyond reasonable doubt' in criminal cases.

Correct answer: B

A company is a separate legal person; the decree was against ABC Ltd. only. The promoter-directors were not defendants in the suit and cannot be made liable in execution, so their deletion application must be allowed (Section 47/Order XXI CPC; corporate veil not pierced).

Correct answer: D

Under Section 19 CPC, a suit for compensation for wrong to person/movable property may be instituted either where the wrong was done or where the defendant resides or carries on business.

Correct answer: D

Under Order V Rule 1(1) CPC, summons must call the defendant to appear and answer on a day not beyond thirty days from the institution of the suit.

Correct answer: D

Under Section 51 CPC, the court may order execution by delivery of property specifically decreed, by attachment and sale (or sale without attachment), by appointing a receiver, and by other modes; hence all of the above.

Correct answer: C

Under Order XXI Rule 30 CPC, a money decree may be executed by detention of the judgment-debtor in civil prison, or by attachment and sale of his property, or both.

Correct answer: D

Order XXXVII Rule 1 CPC applies to suits upon bills of exchange, hundies and promissory notes, and to suits for recovery of a liquidated debt/demand arising on a written contract; hence both (1) and (2).

Correct answer: B

Under Section 80 CPC, where a suit against a public officer (for an act in official capacity) is filed without the mandatory two-month prior notice and no urgent relief is sought, the plaint is liable to be returned to enable compliance.

Correct answer: D

Under Order I Rule 10(2) CPC, the court may, at any stage of the proceedings, order that the name of any improperly joined party be struck out or that a necessary/proper party be added.

Correct answer: D

Under Section 80 of the Arbitration and Conciliation Act, 1996, the conciliator shall not act as arbitrator in the dispute unless the parties otherwise agree; with consent of both parties X may be appointed sole arbitrator.

Correct answer: A

Once a court is approached under Section 9 of the Arbitration and Conciliation Act, 1996, that court alone has jurisdiction over the arbitral proceedings (Section 42); the other party must also apply before the same court.

Correct answer: D

Under Section 39(1) of the Arbitration and Conciliation Act, 1996, the arbitral tribunal has a lien on the arbitral award for any unpaid costs of the arbitration.

Correct answer: D

Under Section 11(4)/(5) of the Arbitration and Conciliation Act, 1996, the appointment mechanism is triggered when a party fails to appoint/agree within thirty days from receipt of the request for appointment from the other party.

Correct answer: A

Under Section 12(5) read with the Seventh Schedule (and the IBA guidelines reflected therein), both an arbitrator being a partner in a law firm acting as counsel for a party and having a commercial relationship with an affiliate of a party are disqualifying; hence both I and II.

Correct answer: A

An arbitral award is not a contract; it is an adjudicatory determination (Section 31 requires it to be in writing and signed, and Section 2(1)(c) includes an interim award). Statement (a) is the incorrect one.

Correct answer: D

Though the stem mis-cites Section 473(1), the substance is the proviso to Section 437(1) CrPC, which permits release on bail even in such serious non-bailable offences if the accused is under sixteen years of age, or is a woman, or is sick or infirm; hence all of the above.

Correct answer: D

Under Section 216 CrPC, any court may alter or add to any charge at any time before judgment is pronounced.

Correct answer: C

Under Section 222 CrPC, when a person is charged with an offence and facts proved reduce it to a minor offence, he may be convicted of the minor offence though not charged with it.

Correct answer: B

In a warrant/sessions case the trial commences when charges are framed; the Supreme Court (e.g. Hardeep Singh v. State of Punjab) treats framing of charge as the commencement of trial, distinct from cognizance or filing of chargesheet.

Correct answer: D

Section 104 CrPC: 'Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.'

Correct answer: C

Although Section 173(8) CrPC permits the officer in charge to conduct further investigation, the power to order/direct further investigation after a report under Section 173(2) rests with the Magistrate concerned.

Correct answer: B

Section 320(8) CrPC: the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Correct answer: C

Section 319 CrPC empowers the court to proceed against and summon any person, not being the accused, who appears from the evidence to have committed an offence, to be tried together with the accused.

Correct answer: C

Under Section 8 of the Indian Evidence Act, conduct of any party (or agent) which influences or is influenced by a fact in issue or relevant fact is relevant whether it is previous or subsequent.

Correct answer: B

Section 3 of the Indian Evidence Act: a fact is 'proved' when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought to act upon it.

Correct answer: A

Section 68 of the Indian Evidence Act: a document required by law to be attested (such as a will) may be proved by calling at least one attesting witness; a drafter or stenographer is not an attesting witness.

Correct answer: D

Section 165 of the Indian Evidence Act empowers the judge to ask any question in any form; the proviso expressly bars parties from objecting to such questions and from cross-examining a witness upon any answer given to such questions.

Correct answer: D

Section 57 of the Indian Evidence Act lists facts of which the Court shall take judicial notice, including all laws in force in India, all seals of which English courts take judicial notice, and all public Acts passed by the UK Parliament.

Correct answer: D

Section 139 of the Indian Evidence Act: a person summoned merely to produce a document does not become a witness by the mere fact of producing it and cannot be cross-examined unless and until he is called as a witness.

Correct answer: D

Section 23 of the Indian Contract Act, 1872 renders consideration or object unlawful where, inter alia, it defeats the provisions of any law, involves injury to person or property of another, or the court regards it as immoral or opposed to public policy.

Correct answer: A

Section 37 of the Indian Contract Act, 1872 and its illustration: on the promisor's death before performance of such a contract, the promisor's representatives are bound to deliver the goods and the promisee is bound to pay, unless a contrary intention appears.

Correct answer: C

Under Order VIII Rule 6 CPC a defendant may claim a legally recoverable set-off; a time-barred claim cannot be sued upon afresh or raised as a counterclaim, but here the option treats set-off in the written statement as the available course.

Correct answer: A

Section 100(1) CPC provides that a second appeal lies to the High Court only if the case involves a substantial question of law.

Correct answer: C

Order VII Rule 11 CPC requires rejection of a plaint where it does not disclose a cause of action (clause a) and where the suit appears from the plaint to be barred by any law (clause d), among others.

Correct answer: D

Section 89 CPC empowers the court, where it appears there exist elements of a settlement acceptable to the parties, to refer them to arbitration, conciliation, judicial settlement/Lok Adalat, or mediation.

Correct answer: A

Jurisdiction of a 'commercial dispute' under the Commercial Courts Act, 2015 depends on the dispute meeting the 'Specified Value' (Section 12) and the court having territorial jurisdiction; both factors must be considered.

Correct answer: C

Under the Commercial Courts Act amendments to Order VIII Rule 1 CPC, the outer limit for filing a written statement in a commercial suit is 120 days from service of summons, beyond which the right is forfeited and the court cannot extend time (SCG Contracts v. K.S. Chamankar).

Correct answer: C

Per TRF Ltd. v. Energo Engineering and Bharat Broadband v. BSNL, a person ineligible under Section 12(5) read with the Seventh Schedule cannot act as arbitrator and is also de jure incapable of nominating an arbitrator, so the nomination is void.

Correct answer: C

Section 11(6) of the Arbitration and Conciliation Act, 1996 is the provision under which a party approaches the High Court (or Supreme Court) or its designate for appointment of an arbitrator on failure of the agreed appointment procedure.

Correct answer: A

The Preamble resolves to secure to all citizens Justice, Liberty, Equality and Fraternity.

Correct answer: C

Article 19 guarantees, inter alia, freedom of speech, association, profession, and residence within the territory of India; it does not include any right to reside and settle anywhere in the world.

Correct answer: D

Part III guarantees fundamental rights such as right to education (Art. 21A), minority educational rights (Art. 30) and constitutional remedies (Art. 32). The right to stand for election is a statutory right under the Representation of the People Act, not a fundamental right.

Correct answer: D

Article 22(2) requires an arrested person to be produced before the nearest Magistrate within 24 hours (excluding journey time). Since none of the options (one week / three days / immediately) state 24 hours, the correct choice is 'None of the above'.

Correct answer: A

Article 368(2) provides that an amendment of the Constitution may be initiated only by the introduction of a Bill in either House of Parliament.

Correct answer: A

Question is OCR-broken: it reproduces only Statement A (sub-section (1) of Section 7, Limitation Act) and Statement B, but the answer options (true/false combinations) are misplaced into Q105. Both statements A and B correctly reproduce Section 7 of the Limitation Act, 1963, so both are correct; best-guess key letter 'a' for the first option block as displayed.

Correct answer: A

Per Section 12(1), the day from which the period is reckoned is excluded (statement 'a' correct). Per Section 12(2)/the review proviso, the day on which judgment was pronounced is to be excluded in computing limitation for review, so statement 'b' (saying it 'cannot be excluded') is incorrect. Hence A correct, B incorrect.

Correct answer: A

Section 14, Limitation Act, 1963 excludes time spent prosecuting another civil proceeding only if it was prosecuted 'with due diligence and in good faith' in a court unable to entertain it for defect of jurisdiction or like cause.

Correct answer: A

Section 17, Limitation Act, 1963: where a suit is based on the defendant's fraud, limitation does not begin to run until the plaintiff has discovered the fraud or could with reasonable diligence have discovered it. There is no fixed 12-year rule, so only 'a' is correct.

Correct answer: D

Under Section 18, Limitation Act, 1963 a valid acknowledgement must be in writing, signed, and made before expiry of the period by the party/predecessor liable. It need not bear a date in writing (the date can be proved by other evidence), so 'd' is NOT an essential requisite.

Correct answer: B

An injunction will be refused where the plaintiff himself is a beneficiary of the work and the balance of convenience and public interest favour the lawful infrastructure work; the plaintiff being a beneficiary defeats his claim for restraining it.

Correct answer: C

Under Section 357A CrPC (Victim Compensation Scheme), where the offender is not traced/identified but the victim is, and no trial takes place, the victim or dependents may apply to the State/District Legal Services Authority for compensation. The statement denying this is therefore incorrect; option 'c' captures the enabling provision (mis-numbered as 375A(4) in the OCR but refers to Section 357A(4)).

Correct answer: A

Per Lalita Kumari and the zero-FIR principle (and S. 460 CrPC saving), the police where the victim reports must register a zero FIR; the Magistrate having territorial competence over the place where the complaint is made can direct registration and investigation under Section 156(3) CrPC, leading to a report under Section 173(2). Option 'a' best states this.

Correct answer: C

Section 162(1) CrPC expressly provides that no statement made to a police officer in the course of investigation, if reduced to writing, shall be signed by the person making it.

Correct answer: C

Section 13(1A) of the Commercial Courts Act, 2015 prescribes 60 days for appeal; the Supreme Court has held the Act does not exclude Section 5 of the Limitation Act, so delay can be condoned for sufficient cause (by way of exception, not rule). Hence option 'c'.

Correct answer: D

Section 2(1)(c) of the Commercial Courts Act, 2015 lists construction/infrastructure contracts, partnership agreements and joint-venture agreements as commercial disputes. Partition of HUF properties is not a commercial dispute.

Correct answer: B

Under Section 12(2) of the Commercial Courts Act, 2015 the Specified Value for an arbitration is the aggregate value of the claim and counter-claim. With claim Rs.5 crore (OCR 'Rs.%') + counter-claim Rs.2 crore, the aggregate Specified Value is Rs.7 crore. The final award amount is irrelevant.

Correct answer: C

Under Order XIII-A Rule 2 CPC (as inserted by the Commercial Courts Act), a summary judgment application may be made after summons has been served on the defendant but no later than the framing of issues.

Correct answer: D

Under Order XI Rule 1(1) CPC (commercial suits), the plaintiff must file a list and disclose on affidavit ALL documents relating to any matter in question that are in his power, possession, control or custody as on the date of filing, whether they support or are adverse to his case.

Correct answer: B

Section 12(1)(b) of the Commercial Courts Act, 2015: where the relief relates to movable property, the Specified Value is the market value of the movable property as on the date of filing the suit.

Correct answer: D

Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 expressly includes 'construction and infrastructure contracts, including tenders' as a commercial dispute, unconditionally. The statement is true.

Correct answer: B

Under Article 239AA, the National Capital Territory of Delhi is a Union Territory with a Legislative Assembly.

Correct answer: D

Article 51A enumerates all three duties listed: safeguarding public property and abjuring violence [51A(i)], valuing and preserving India's composite culture [51A(f)], and defending the country and rendering national service when called upon [51A(d)]. Hence 'all of the above'.

Correct answer: A

Article 58(1)(b) requires a person to have completed 35 years of age to be eligible for election as President of India.

Correct answer: A

Article 79 provides that Parliament for the Union consists of the President and the two Houses (Council of States and House of the People). The President is part of Parliament, so 'a' is the complete correct answer.

Correct answer: C

Article 143 confers advisory jurisdiction on the Supreme Court to render an opinion on a question of law or fact on a reference by the President of India.

Correct answer: D

The CAG (Art. 148), Attorney General (Art. 76) and Election Commission (Art. 324) are all constitutional offices. The Solicitor General of India is a statutory/executive office not provided for in the Constitution.

Correct answer: C

The words 'Socialist' and 'Secular' were inserted into the Preamble by the 42nd Constitutional Amendment, 1976; 'Sovereign' and 'Democratic Republic' were in the original Preamble.

Correct answer: C

Section 52 of the Indian Contract Act, 1872 provides that reciprocal promises shall be performed in the order expressly fixed by the contract, and where not expressly fixed, in the order which the nature of the transaction requires. Both statements are correct.

Correct answer: A

Section 27 of the Indian Contract Act, 1872 declares every agreement in restraint of trade void to that extent (subject to the sale-of-goodwill exception).

Correct answer: B

Section 22 of the Indian Contract Act, 1872 states that a contract is not voidable merely because it was caused by one party being under a mistake as to a matter of fact (unilateral mistake of fact).

Correct answer: A

Section 224 (non-liability of employer of agent to do a criminal act): where a person employs another to do a criminal act and agrees to indemnify him, the employer is NOT liable to indemnify the agent for the consequences. The illustration ('A employs B to beat C... A is not liable to indemnify B') is directly on point with stabbing Amit.

Correct answer: A

Section 126 of the Indian Contract Act, 1872 defines a 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default.

Correct answer: A

Section 130 of the Indian Contract Act, 1872: a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor.

Correct answer: D

Section 411 IPC punishes dishonestly receiving or retaining stolen property knowing or having reason to believe it to be stolen. (Section 410 only defines 'stolen property'.)

Correct answer: B

Section 303 IPC (mandatory death for murder by a life convict) was struck down as unconstitutional in Mithu v. State of Punjab, (1983) 2 SCC 277.

Correct answer: D

On a closure/final report under s.173 CrPC the Magistrate is not bound by the police conclusion; he may take cognizance and proceed, but must hear/notice the complainant before accepting closure. Among the options, (d) best reflects that the Magistrate is not bound and may proceed against the accused (Bhagwant Singh v. Commissioner of Police; Vishnu Kumar Tiwari).

Correct answer: B

Section 243 CrPC deals with evidence for the defence in a warrant case; however Section 242 CrPC governs 'Evidence for prosecution' in warrant cases. The settled answer keyed for 'evidence of prosecution' in the warrant-trial scheme is Section 242 CrPC.

Correct answer: A

Sections 376 and 302 IPC are offences punishable with imprisonment for life/death, so the maximum custody period under the first proviso to s.167(2) CrPC is 90 days. If no police report is filed within 90 days, the accused is entitled to default bail. The manner of surrender/remand does not defeat this right.

Correct answer: B

Section 239 CrPC empowers the Magistrate in a warrant case (instituted on police report) to discharge the accused if, upon consideration, the charge is groundless. (Framing of charge is under s.240.)

Correct answer: B

Per Nitya Dharmananda v. Gopal Sheelum Reddy (2018), though s.91 CrPC at the charge stage does not ordinarily give the accused a right to summon documents, the court may invoke it where material withheld from the chargesheet has a crucial bearing on framing of charge. Option (b) states this correctly.

Correct answer: C

A s.34 petition lies before the Commercial Division of the High Court or the Commercial Court having territorial jurisdiction over the arbitration, depending on the specified value (Arbitration Act read with the Commercial Courts Act, 2015).

Correct answer: A

'Assent' means agreement/approval ('gave their assent to the decision'). 'Ascent' = climb, 'Accent' = pronunciation, 'Descent' = downward movement/ancestry.

Correct answer: B

The correct collocation is 'presided over the meeting'.

Correct answer: A

The idiom 'the jury is still out' means a final decision has not yet been reached.

Correct answer: A

Correct prepositions: 'persists in' would be standard, but the only option with consistent fit for 'reconciled to' and 'sentenced to death' is (a) with/to/to; idiomatically 'persist with' is acceptable, and 'reconciled to' and 'sentenced to death' fix the answer.

Correct answer: B

With 'since 2001' the present perfect is required: 'I have had the Bar licence since 2001.'

Correct answer: C

'Allusion' (an indirect reference), 'eluded' (escaped/evaded us), 'illusion' (optical illusion). Hence Allusion, eluded, illusion.

Correct answer: D

All four terms as printed (force majeure, ad valorem, certiorari, ultra vires) are correctly spelt; the intended 'incorrect' option is ambiguous from OCR. Best guess (d) 'Ultra vires' as the keyed misspelling, but flagged as none appears clearly wrong.

Correct answer: A

A polemicist is a person skilled at or engaged in forceful, controversial argument or disputation.

Correct answer: C

Section 10 CPC (the stem mis-cites 'IPC') stays a subsequent suit where the matter in issue is directly and substantially the same as in a previously instituted pending suit between the same parties. Option (c) captures this.

Correct answer: A

A sole proprietorship firm is not a separate legal entity; it sues/is sued in the name of the proprietor. (A registered partnership firm may sue under Order XXX; HUF and a statutory authority can sue through their representatives.)

Correct answer: A

Under Order XVIII Rule 1 CPC, the defendant has the right to begin where he admits the facts alleged by the plaintiff and contends that the plaintiff is not entitled to relief in point of law or on additional facts pleaded by him (burden of proof lies on him).

Correct answer: B

Order V Rule 2 CPC mandates that every summons be accompanied by a copy of the plaint; service of summons by email without the plaint is not valid service and does not start the limitation clock for the written statement.

Correct answer: A

Under Order XLVII Rule 1 / Section 114 CPC, review lies on discovery of new and important matter or evidence which, after exercise of due diligence, was not within the party's knowledge or could not be produced when the decree was passed. Review is not an appeal-in-disguise (rules out reappraisal of evidence).

Correct answer: A

A civil court can restore status quo ante by directing redelivery of possession where the defendant disobeys a subsisting injunction; Order XXXIX Rule 2A CPC empowers the court to grant such consequential relief, supplemented by its powers under Section 151 CPC.

Correct answer: B

All grounds are incorrect: a fresh acknowledgement before expiry of limitation gives a fresh starting point (Sec. 18, Limitation Act); even a refusal in writing can constitute acknowledgement of the jural relationship of debtor-creditor; and an acknowledgement signed by a duly authorised agent (advocate) addressed to the creditor's agent is valid.

Correct answer: A

Touching the breast with sexual intent is 'sexual assault' under Section 7 POCSO Act, 2012, punishable under Section 8. No aggravating circumstance under Section 9 is shown, so it is simple sexual assault, not aggravated.

Correct answer: B

Section 27(3) POCSO requires medical examination in the presence of the parent of the child OR any other person in whom the child reposes trust 'or in the absence' of such person, in the presence of a woman nominated by the head of the medical institution. Presence of a parent is not an absolute requirement, so option (b) as worded is not a strict requirement.

Correct answer: D

Section 35(2) POCSO Act, 2012 directs the Special Court to complete the trial, as far as possible, within one year from the date of taking cognizance of the offence.

Correct answer: C

Section 24(1) POCSO Act, 2012 requires that the statement of a child be recorded, as far as practicable, by a woman police officer not below the rank of sub-inspector.

Correct answer: B

Where sexual intercourse is obtained on a false promise of marriage made in bad faith, the consent is vitiated as it is given under a misconception of fact (Sec. 90 IPC); the offence of rape is made out (Pramod Suryabhan Pawar v. State of Maharashtra).

Correct answer: A

Section 449 IPC: house-trespass in order to commit an offence punishable with death is punishable with imprisonment for life or up to 10 years; Section 450 IPC: house-trespass to commit an offence punishable with imprisonment for life is punishable with imprisonment up to 10 years. Among the options 'imprisonment which may extend to life' best fits an offence punishable with life imprisonment (Sec. 449).

Correct answer: C

Installing a live naked wire to keep out animals, resulting in death of a person, is culpable homicide not amounting to murder under Section 304 Part II IPC (knowledge that the act is likely to cause death, without intention to cause death) - per Cherubin Gregory v. State of Bihar.

Correct answer: A

The constitutional validity of the death penalty was upheld by a five-judge bench in Jagmohan Singh v. State of U.P. (1973) 1 SCC 20, holding capital punishment not violative of Articles 14, 19 and 21.

Correct answer: B

Stalking is defined and made punishable under Section 354D of the Indian Penal Code, 1860 (inserted by the Criminal Law Amendment Act, 2013).

Correct answer: C

Under Section 65 IPC, the term of imprisonment imposed in default of payment of fine shall not exceed one-fourth of the maximum term of imprisonment fixed for the offence (where the offence is punishable with both imprisonment and fine).

Correct answer: C

Criminal breach of trust by a clerk or servant is punishable under Section 408 IPC.

Correct answer: B

A person entrusted with money who dishonestly diverts it for personal gain, without an inducement/deception, commits criminal breach of trust under Section 405/406 IPC, not cheating (Sec. 420 requires deception inducing delivery of property).

Correct answer: D

A acts under grave and sudden provocation, so A is guilty of culpable homicide not amounting to murder (Exception 1 to Sec. 300 IPC). B, who acts with intention to kill and has no provocation, is guilty of murder; there is no common intention between them (Sec. 34 inapplicable).

Correct answer: A

Section 153 IPC (wantonly giving provocation with intent to cause riot) is punishable with imprisonment up to one year, or fine, or both (and forfeiture-type consequences in related provisions); death is not a punishment specified under it.

Correct answer: D

Per Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1, anticipatory bail under Section 438 CrPC is ordinarily not limited by time and can continue till the end of the trial, unless the court restricts it.

Correct answer: D

Under Section 154(3) CrPC, a person aggrieved by the refusal of an officer in charge of a police station to record an FIR may send the substance of the information to the Superintendent of Police concerned.

Correct answer: D

In Lalita Kumari v. Government of U.P. (2014) 2 SCC 1, the Supreme Court listed matrimonial/family disputes, commercial offences, medical negligence cases and corruption cases as categories where a preliminary inquiry may precede FIR registration - hence 'All of the above'.

Correct answer: B

Under Section 366 CrPC, when a Court of Session passes a sentence of death, it must submit the proceedings to the High Court, and the death sentence cannot be executed unless confirmed by the High Court (Sec. 368).

Correct answer: C

Against an order of acquittal, the State (through the Public Prosecutor) may appeal under Section 378 CrPC, and the victim has a right to appeal under the proviso to Section 372 CrPC - hence both.

Correct answer: D

At the conclusion of trial the court records either an order of acquittal or an order of conviction; discharge is an order passed before trial (at the charge stage), not after conclusion of trial.

Correct answer: A

Where the High Court reverses an acquittal and sentences the accused to imprisonment for 10 years or more, a statutory appeal lies to the Supreme Court as of right under Section 379 CrPC (and Art. 134(1)(a) of the Constitution).

Correct answer: B

A proclamation requiring an absconding person to appear is issued under Section 82 CrPC (attachment of property follows under Section 83).

Correct answer: A

Section 177 CrPC: every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

Correct answer: B

Under Section 148A CPC, once a caveat is lodged the court must serve notice on the caveator before passing any adverse interim order; granting ex-parte relief without such notice defeats the purpose of the caveat.

Correct answer: A

Under Order XXXVII Rule 3 CPC, the defendant must apply for leave to appear and defend within 10 days from service of the summons.

Correct answer: A

A part of the cause of action (defendant's registered office / and an exclusive-jurisdiction clause naming Gurugram) supports jurisdiction at Gurugram; an exclusive jurisdiction clause is valid where that court otherwise has jurisdiction, so the suit is maintainable.

Correct answer: B

"I ran quick to the bus stop" is grammatically incorrect; the adverb "quickly" is required to modify the verb "ran."

Correct answer: B

"Perennial" means lasting/enduring; its antonym is "ephemeral" (short-lived). Options a, c, d are synonyms.

Correct answer: D

A person who can throw their voice so it seems to come from elsewhere is a ventriloquist.

Correct answer: A

OCR-broken: all four options read identically as 'Acquiesce' (the correct spelling). Best guess option a as the correctly spelled word.

Correct answer: C

"The Midas touch" idiom means the ability to make money / succeed financially in whatever one undertakes.

Correct answer: D

Indirect speech requires back-shift of tense and adverbs: "am" to "was," "here" to "there," "this evening" to "that evening" — "He said that he was glad to be there that evening."

Correct answer: C

Drawstrings came 'loose' (adjective); 'lose' my documents (verb, to misplace); 'lose' a parent (verb, bereavement) — option c: Loose; lose; lose.

Correct answer: D

'Res ipsa loquitur' is Latin for 'the thing speaks for itself,' a tort doctrine inferring negligence from the nature of the accident.

Correct answer: A

'Ceteris paribus' means 'all other things remaining the same / held equal.'

Correct answer: C

The total membership of the Constituent Assembly of India under the Cabinet Mission Plan was 389 (292 provinces, 93 princely states, 4 chief commissioners' provinces).

Correct answer: D

Section 279 IPC (rash/negligent driving) is punishable with imprisonment up to 6 months or fine up to Rs.1000 or both. A sentence cannot be one that combines a fine with a separate 90-day rigorous imprisonment in default beyond the statute's scheme; option d is the sentence that cannot be awarded.

Correct answer: C

Section 72 IPC: where it is doubtful which of several offences the offender is guilty of, he shall be punished for the offence carrying the lowest punishment, if the same punishment is not provided for all.

Correct answer: C

Voluntary intoxication is no defence (Section 85/86 IPC); a person who voluntarily intoxicated himself is still liable, so this remains an offence. Options a (below 7, S.82), b (unsound mind, S.84) and d (S.92) are exceptions; only c is not exempt.

Correct answer: C

Section 94 IPC's duress defence excludes murder and offences against the State punishable with death (so a and b are not protected); it applies where there is reasonable apprehension of instant death — but reasonable apprehension of grievous hurt (option c) is the protected circumstance available among the choices. Note: S.94 requires apprehension of instant death; option c is the best available answer as the others are expressly excluded offences.

Correct answer: D

Section 107/108 IPC: abetment covers instigating commission of an offence, abetting an act which if done would be an offence, and abetment is complete even if the act abetted is not committed or the effect is not caused (Explanation 2 to S.108) — all of the above.

Correct answer: D

Instigation to commit an offence is itself abetment (Section 107 IPC) and is punishable even though the person instigated (Z) decides not to act; Y has committed the offence of abetment.

Correct answer: A

Section 304B IPC ingredients are: death by burns/bodily injury or otherwise than normal within 7 years of marriage, and the woman was subjected to cruelty/harassment for dowry by husband or his relative. 'Physical assault confining a woman to bed' (option a) is not an ingredient of dowry death.