Gujarat Judiciary Mock Test 1 — Questions & Solutions
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Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is dealt with under which of the following sections?
aSection 103
bSection 105
cSection 302
dSection 101
Answer: A
Section 103(1) BNS prescribes death or imprisonment for life, and fine, as punishment for murder; murder itself is defined in Section 101. (Section 302 was the corresponding IPC provision.)
A, intending to kill B, fires at B but the shot misses B and kills C, a bystander, whose death A neither intended nor knew himself to be likely to cause. Under the Bharatiya Nyaya Sanhita, 2023, the culpable homicide committed by A is dealt with under:
aSection 101
bSection 102
cSection 104
dSection 100
Answer: B
Section 102 BNS embodies the doctrine of transferred malice — culpable homicide by causing the death of a person other than the one whose death was intended is of the same description as if the intended person had been killed.
Under Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, where a group of how many or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member is liable to the enhanced punishment?
aThree or more persons
bTwo or more persons
cFive or more persons
dSeven or more persons
Answer: C
Section 103(2) BNS — the new 'mob lynching' provision — applies where five or more persons acting in concert commit murder on such grounds, each being punishable with death, life imprisonment, or imprisonment not less than seven years, and fine.
Causing death by a rash or negligent act not amounting to culpable homicide is dealt with under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 106
bSection 108
cSection 304A
dSection 105
Answer: A
Section 106(1) BNS punishes causing death by a rash or negligent act not amounting to culpable homicide with imprisonment up to seven years and fine. (Section 304A was the corresponding IPC provision.)
Under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (the 'hit-and-run' provision), where a person causes death by a rash or negligent act and escapes from the scene without reporting it soon after to a police officer or Magistrate, the imprisonment may extend to:
aSeven years
bTwo years
cTen years
dFive years
Answer: C
Section 106(2) BNS provides imprisonment up to ten years and fine where the offender causes death by rash or negligent act and escapes without reporting the incident soon after to a police officer or Magistrate.
A new form of theft, namely 'snatching', has been introduced as a distinct offence under the Bharatiya Nyaya Sanhita, 2023. It is dealt with under:
aSection 309
bSection 304
cSection 379
dSection 303
Answer: B
Section 304 BNS defines snatching — theft committed by suddenly, quickly or forcibly seizing or grabbing movable property from a person or his possession — a new offence not separately recognised under the IPC.
Whoever commits snatching under Section 304 of the Bharatiya Nyaya Sanhita, 2023 shall be punished with imprisonment which may extend to:
aFive years
bOne year
cThree years
dSeven years
Answer: C
Section 304(2) BNS prescribes imprisonment of either description up to three years, and fine, for snatching — distinct from theft (Section 303), where the term may extend to three years as well but ordinary theft has its own scheme.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of rape is defined under Section 63 and its punishment is provided under:
aSection 64
bSection 376
cSection 66
dSection 70
Answer: A
Section 63 BNS defines rape, while Section 64 prescribes the punishment — rigorous imprisonment not less than ten years, extendable to imprisonment for life, and fine.
Sexual intercourse obtained by employing deceitful means or by making a false promise of marriage, where it does not amount to rape, has been made a distinct offence under the Bharatiya Nyaya Sanhita, 2023 by:
aSection 71
bSection 63
cSection 69
dSection 67
Answer: C
Section 69 BNS is a new provision criminalising sexual intercourse by deceitful means (including false promise of marriage or employment), punishable with imprisonment up to ten years and fine.
The Bharatiya Nyaya Sanhita, 2023 introduces 'organised crime' as a substantive offence for the first time. It is dealt with under:
aSection 111
bSection 109
cSection 113
dSection 115
Answer: A
Section 111 BNS defines and punishes organised crime committed by a member of an organised crime syndicate; Section 112 deals with petty organised crime and Section 113 with terrorist acts.
aThe judge asked; "Who is the complainant in this case?"
bThe judge asked, who is the complainant in this case?
cThe judge asked "Who is the complainant in this case"?
dThe judge asked, "Who is the complainant in this case?"
Answer: D
A direct question must be enclosed in quotation marks with the question mark inside, and a comma precedes the quotation. Only option (a) follows this correctly.
Each term is double the previous term; 48 multiplied by 2 gives 96.
Q19English / Aptitude
In a certain code language, BOOK is written as CPPL. How would WORD be written in that code language?
aVNQC
bXPSD
cXQSE
dXPSE
Answer: D
Each letter is shifted one position forward in the alphabet (B→C, O→P, K→L). Applying this to WORD gives X, P, S, E, i.e., XPSE.
Q20English / Aptitude
Pointing to a photograph, a man said, "She is the daughter of my grandfather's only son." How is the woman in the photograph related to the man?
aNiece
bAunt
cMother
dSister
Answer: D
The grandfather's only son is the man's own father. The daughter of the man's father is therefore the man's sister.
Q21English / Aptitude
Doctor : Stethoscope :: Carpenter : ____
aWood
bFurniture
cChisel
dWorkshop
Answer: C
A stethoscope is a tool used by a doctor; analogously, a chisel is a tool used by a carpenter. Wood is the material and furniture the product, not the tool.
Q22English / Aptitude
Find the odd one out.
aCube
bRectangle
cTriangle
dSquare
Answer: A
Square, rectangle and triangle are two-dimensional figures, whereas a cube is a three-dimensional solid, making it the odd one out.
Q23General Knowledge / Current Affairs
On which river bank is Gandhinagar, the capital of Gujarat, situated?
aNarmada
bTapi
cMahi
dSabarmati
Answer: D
Gandhinagar, the planned capital of Gujarat established in 1970, lies on the banks of the Sabarmati River, about 23 km north of Ahmedabad.
Which river merges into the Gulf of Khambhat (Cambay) after flowing through Gujarat?
aSabarmati
bKaveri
cGodavari
dKrishna
Answer: A
The Sabarmati rises in the Aravalli range of Rajasthan and flows about 370 km through Gujarat before emptying into the Gulf of Khambhat in the Arabian Sea.
Under the Code of Civil Procedure, 1908, the bar of res judicata, which prevents a court from trying any suit or issue already directly and substantially in issue and finally decided between the same parties in a former suit, is contained in:
aSection 11
bSection 9
cSection 10
dSection 13
Answer: A
Section 11 CPC embodies the doctrine of res judicata. Section 10 deals with stay of suit (res sub judice) and Section 9 with jurisdiction of civil courts.
Which provision of the Code of Civil Procedure, 1908 declares that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred?
aSection 15
bSection 9
cSection 26
dSection 20
Answer: B
Section 9 CPC provides that civil courts shall try all suits of a civil nature unless cognizance is expressly or impliedly barred.
A suit against the Government or against a public officer in respect of an act purporting to be done in his official capacity cannot be instituted until the expiration of how many months after notice in writing has been delivered, as required by Section 80 of the Code of Civil Procedure, 1908?
aSix months
bThree months
cOne month
dTwo months
Answer: D
Section 80 CPC requires two months' prior notice in writing before instituting a suit against the Government or a public officer for an act done in official capacity.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court only if the High Court is satisfied that the case involves:
aA mixed question of law and fact
bAn error of fact apparent on the record
cAny question of fact or law
dA substantial question of law
Answer: D
Under Section 100 CPC, a second appeal lies to the High Court only where the case involves a substantial question of law, which must be formulated by the Court.
The power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised a jurisdiction not vested in it or failed to exercise a jurisdiction so vested, is known as revision under:
aSection 100
bSection 151
cSection 114
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court over jurisdictional errors of subordinate courts where no appeal lies. Section 114 deals with review.
Which section of the Code of Civil Procedure, 1908 saves the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court?
aSection 148
bSection 153
cSection 151
dSection 152
Answer: C
Section 151 CPC saves the inherent powers of the court to act for the ends of justice and to prevent abuse of its process.
Where a decree is varied or reversed in appeal, the application by which a party seeks to be placed in the position he would have occupied but for the decree so varied or reversed is an application for restitution under:
aSection 151
bSection 148
cSection 144
dSection 141
Answer: C
Section 144 CPC provides for restitution where a decree is varied or reversed, restoring the party to the position occupied before the decree.
Under the Code of Civil Procedure, 1908, the amendment of pleadings, permitting the court at any stage of the proceedings to allow either party to alter or amend his pleadings in such manner and on such terms as may be just, is dealt with under:
aOrder VIII, Rule 9
bOrder VI, Rule 16
cOrder VII, Rule 11
dOrder VI, Rule 17
Answer: D
Order VI Rule 17 CPC empowers the court to allow amendment of pleadings at any stage on just terms. Order VII Rule 11 deals with rejection of plaint.
A plaint is liable to be rejected where it does not disclose a cause of action, or where the relief claimed is undervalued and the valuation is not corrected, under which provision of the Code of Civil Procedure, 1908?
aOrder VII, Rule 11
bOrder IX, Rule 13
cOrder VII, Rule 10
dOrder VI, Rule 17
Answer: A
Order VII Rule 11 CPC enumerates the grounds for rejection of a plaint, including non-disclosure of a cause of action. Order VII Rule 10 deals with return of plaint.
In a computer system, which of the following acts as the temporary, volatile working memory that loses its contents when the power is switched off?
aHard Disk Drive
bROM
cCD-ROM
dRAM
Answer: D
RAM (Random Access Memory) is volatile primary memory used to hold data and instructions currently in use; its contents are lost when power is removed. ROM and disk storage are non-volatile.
Which part of the Central Processing Unit (CPU) is responsible for performing arithmetic operations such as addition and subtraction and logical comparisons?
aArithmetic Logic Unit (ALU)
bCache
cRegister
dControl Unit
Answer: A
The Arithmetic Logic Unit (ALU) carries out all arithmetic and logical operations, while the Control Unit directs and coordinates the operations of the CPU.
Which of the following is an example of an operating system rather than an application software?
aAdobe Photoshop
bMS Word
cLinux
dGoogle Chrome
Answer: C
Linux is an operating system that manages hardware and provides services for programs. MS Word, Photoshop and Chrome are application software that run on top of an operating system.
What is the primary function of a compiler in a computer system?
aTo translate the entire high-level source program into machine code at once
bTo increase the speed of the internet connection
cTo protect the computer from viruses
dTo execute a program line by line without translating it
Answer: A
A compiler translates an entire high-level language program into machine (object) code in one pass, unlike an interpreter which translates and executes line by line.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which provision enables registration of information relating to a cognizable offence by any person irrespective of the area in which the offence is committed (the statutory basis of a "Zero FIR")?
aSection 190
bSection 154
cSection 173
dSection 175
Answer: C
Section 173 BNSS governs information in cognizable cases and expressly permits registration irrespective of the area where the offence is committed, statutorily recognising the Zero FIR. It corresponds to the erstwhile Section 154 CrPC.
Under the proviso to Section 173(3) of the BNSS, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, may conduct a preliminary enquiry within how many days to ascertain whether a prima facie case exists?
aFourteen days
bSeven days
cTwenty-one days
dThirty days
Answer: A
Section 173(3) BNSS allows a preliminary enquiry within fourteen days for offences punishable with three to seven years' imprisonment, with prior DSP approval. The Supreme Court examined this in Imran Pratapgadhi v. State of Gujarat.
Under Section 35(7) of the BNSS, no person who is infirm or above sixty years of age and accused of an offence punishable with imprisonment for less than three years shall be arrested except with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bDeputy Superintendent of Police
cAssistant Sub-Inspector of Police
dSub-Inspector of Police
Answer: B
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for offences punishable with less than three years' imprisonment without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Which provision of the BNSS makes it mandatory, in respect of offences punishable with imprisonment for seven years or more, for a forensic expert to visit the scene of crime to collect forensic evidence and to videograph the process?
aSection 173(3)
bSection 176(3)
cSection 180
dSection 184
Answer: B
Section 176(3) BNSS mandates that, for offences punishable with seven years' imprisonment or more, forensic experts visit the crime scene to collect evidence and videograph the process; States are given five years to develop the necessary forensic capacity.
Under Section 187 of the BNSS, the total period of police custody of an accused, though it may now be sought in instalments during the investigation period, shall not in any case exceed:
aTen days
bThirty days
cSeven days
dFifteen days
Answer: D
Section 187 BNSS retains a cumulative ceiling of fifteen days of police custody, but unlike Section 167 CrPC it may be availed in parts during the 60/90-day investigation window, as clarified by the Karnataka High Court.
Under Section 187(3) of the BNSS, the maximum period for which a Magistrate may authorise detention of an accused pending investigation is ninety days only where the offence is punishable with:
aImprisonment for not less than seven years
bImprisonment for more than three years
cImprisonment for not less than ten years, imprisonment for life or death
dImprisonment for any term exceeding five years
Answer: C
Section 187(3) BNSS permits detention up to ninety days only for offences punishable with imprisonment of not less than ten years, life imprisonment or death; for all other offences the limit is sixty days, beyond which default bail accrues.
Section 105 of the BNSS, a new provision, requires that the process of search of a place and the seizure of any property, including preparation and signing of the list of things seized, be:
aAttested by two gazetted officers
bReported to the District Magistrate within thirty days
cRecorded through audio-video electronic means, preferably a mobile phone, and forwarded without delay to the Magistrate
dConducted only after obtaining a written warrant in every case
Answer: C
Section 105 BNSS newly mandates audio-video recording (preferably by mobile phone) of search and seizure, with the recording forwarded without delay to the District/Sub-divisional/Judicial Magistrate of the first class.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle of res gestae, i.e., relevancy of facts forming part of the same transaction, is embodied in:
aSection 4
bSection 6
cSection 26
dSection 8
Answer: A
Section 4 of the BSA, 2023 (corresponding to Section 6 of the Indian Evidence Act, 1872) makes facts so connected with a fact in issue as to form part of the same transaction relevant; this is the res gestae rule.
A is accused of the murder of B. The fact that A had, shortly before the murder, purchased a weapon of the kind used and afterwards absconded is relevant under the Bharatiya Sakshya Adhiniyam, 2023 as:
aAn admission under Section 15
bOpinion of an expert under Section 39
cA confession under Section 22
dMotive, preparation and previous or subsequent conduct under Section 6
Answer: D
Section 6 of the BSA, 2023 (Section 8 of the old Evidence Act) makes motive, preparation and previous or subsequent conduct relevant; purchase of the weapon is preparation and absconding is subsequent conduct.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer shall be proved as against a person accused of any offence. This bar is contained in:
aSection 22
bSection 23(1)
cSection 24
dSection 23(2)
Answer: B
Section 23(1) of the BSA, 2023 (Section 25 of the Indian Evidence Act, 1872) bars proof of a confession made to a police officer against the accused.
Where, in consequence of information received from a person accused while in police custody, a fact is discovered, the provision of the Bharatiya Sakshya Adhiniyam, 2023 that permits so much of such information as relates distinctly to the fact discovered to be proved is:
aSection 26
bThe proviso to Section 23(2)
cSection 24
dSection 22
Answer: B
The proviso to Section 23(2) of the BSA, 2023 (Section 27 of the Indian Evidence Act, 1872) allows only that part of the information distinctly relating to the fact discovered to be proved.
A confession made by an accused is irrelevant in a criminal proceeding if it appears to the Court to have been caused by inducement, threat, coercion or promise proceeding from a person in authority. This rule is found in the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 25
bSection 23
cSection 22
dSection 24
Answer: C
Section 22 of the BSA, 2023 (Section 24 of the Indian Evidence Act, 1872) renders a confession caused by inducement, threat, coercion or promise from a person in authority irrelevant.
Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found (including a dying declaration) are themselves relevant facts under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 27
bSection 26
cSection 24
dSection 25
Answer: B
Section 26 of the BSA, 2023 (Section 32 of the Indian Evidence Act, 1872) deals with statements of persons who cannot be called as witnesses, including dying declarations.
When the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. Under the Bharatiya Sakshya Adhiniyam, 2023 these are dealt with in:
aSection 39 (opinions of experts)
bSection 26 (opinions of experts)
cSection 41 (opinions of experts)
dSection 45 (opinions of experts)
Answer: A
Section 39 of the BSA, 2023 corresponds to Section 45 of the Indian Evidence Act, 1872 and makes the opinions of experts relevant; opinion as to handwriting is separately covered by Section 41.
Under the Gujarat Prohibition Act, 1949, the term "laththa" (as introduced by the State amendment) refers to spurious liquor in which the principal lethal ingredient is:
aFermented toddy from the palm tree
bEthyl alcohol mixed with water
cDistilled hemp extract
dMethyl alcohol (methanol) or any other poisonous substance
Answer: D
Under the Gujarat Prohibition Act, "laththa" is spurious liquor containing methyl alcohol (methanol) or any other poisonous substance, the consumption of which can cause death. Methanol is the deadly residue left when industrial alcohol is improperly processed.
Section 65A of the Gujarat Prohibition Act, 1949 (dealing with manufacture, sale, purchase or transport of laththa) prescribes a punishment of imprisonment which:
amay extend to three years and shall not be less than six months
bmay extend to ten years and shall not be less than seven years, with fine
cmay extend to five years and shall not be less than two years
dshall be for life only
Answer: B
Section 65A provides that whoever manufactures, sells, buys, transports or keeps laththa shall, on conviction, be punished with imprisonment for a term which may extend to ten years but not less than seven years, together with fine.
In the scheme of the Gujarat Prohibition Act, 1949, the "procedure in confiscation" of things liable to confiscation is laid down in:
aSection 99
bSection 98
cSection 100
dSection 101
Answer: C
Section 98 lists things liable to confiscation, Section 99 deals with return to bona fide owners, Section 100 lays down the procedure in confiscation, and Section 101 empowers the Collector to order sale or destruction.
Under the Gujarat Police Act, 1951, the power to extern (remove beyond a specified area) a person whose movements or acts are causing or are calculated to cause alarm, danger or harm to person or property is conferred by:
aSection 123
bSection 56
cSection 55
dSection 122
Answer: B
Section 56 of the Gujarat Police Act, 1951 empowers the competent authority to direct removal (externment) of persons about to commit offences whose acts cause or are calculated to cause alarm, danger or harm to person or property.
Under the Gujarat Police Act, 1951, an order of externment passed under Sections 55, 56 or 57 cannot remain in force for a period exceeding:
aTwo years
bFive years
cOne year
dSix months
Answer: A
Section 58 of the Act limits the duration of an externment order; no order under Sections 55, 56 or 57 shall operate for a period exceeding two years from the date on which it was made.
A person aggrieved by an order of externment passed under Section 56 of the Gujarat Police Act, 1951 may prefer an appeal to:
aThe Sessions Court within whose jurisdiction he resides
bThe Director General of Police
cThe High Court of Gujarat directly
dThe State Government within the prescribed period
Answer: D
Section 60 of the Gujarat Police Act, 1951 provides that a person aggrieved by an externment order may appeal to the State Government, which must afford a reasonable opportunity of being heard before deciding the appeal.
Under the Gujarat Police Act, 1951, a person found between sunset and sunrise armed with a dangerous instrument or having his face covered with intent to commit an offence, or in possession of housebreaking implements without lawful excuse, is liable to be punished under:
aSection 135
bSection 122
cSection 123
dSection 110
Answer: B
Section 122 of the Gujarat Police Act penalises being found under suspicious circumstances between sunset and sunrise (armed, disguised, or with housebreaking implements with intent to commit an offence) with imprisonment up to one year, not less than one month, and fine.
An agreement made by a minor under the Indian Contract Act, 1872 is:
avoid ab initio
bvalid only if ratified on attaining majority
cvalid but unenforceable
dvoidable at the option of the minor
Answer: A
As held in Mohori Bibee v. Dharmodas Ghose (1903), a minor not being competent to contract under Section 11, an agreement by a minor is void ab initio and cannot be ratified on majority.
Which of the following is NOT an exception recognised under Section 25 of the Indian Contract Act, 1872 to the rule that an agreement without consideration is void?
aA written and registered promise made on account of natural love and affection between parties standing in a near relation
bA written promise to pay a debt barred by the law of limitation
cAn oral promise to make a gift to a stranger
dA promise to compensate a person who has already voluntarily done something for the promisor
Answer: C
Section 25 saves only registered promises out of natural love and affection, compensation for past voluntary services, and written promises to pay time-barred debts; a bare oral promise of a gift to a stranger remains void for want of consideration.
Under Section 27 of the Indian Contract Act, 1872, an agreement in restraint of trade is:
avalid if supported by adequate consideration
bvoid to the extent it is unreasonable only
cvoid, save in the case of sale of goodwill of a business within specified limits
dvoidable at the option of the restrained party
Answer: C
Section 27 makes every agreement in restraint of any lawful trade, profession or business void, the only statutory exception being a reasonable restraint connected with the sale of goodwill of a business.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is, under the Indian Contract Act, 1872, a contract of:
abailment
bagency
cguarantee
dindemnity
Answer: D
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
A person who is not already in the service of the Union or of a State seeks appointment as a District Judge in Gujarat. Under Article 233(2) of the Constitution of India, what is the minimum period for which he must have been an advocate or pleader?
aSeven years
bThree years
cTen years
dFive years
Answer: A
Article 233(2) provides that a person not already in the service of the Union or the State is eligible to be appointed a District Judge only if he has been for not less than seven years an advocate or pleader and is recommended by the High Court.
Under Article 233(1) of the Constitution of India, appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State :
ain consultation with the State Public Service Commission
bon the advice of the Council of Ministers alone
cin consultation with the High Court exercising jurisdiction in relation to such State
dwith the prior approval of the President of India
Answer: C
Article 233(1) requires the Governor to make appointments, postings and promotions of District Judges in consultation with the High Court exercising jurisdiction in relation to that State; such consultation is mandatory.
Control over the district courts and courts subordinate thereto, including the posting and promotion of, and grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of District Judge, is vested by which Article of the Constitution in the High Court?
aArticle 234
bArticle 235
cArticle 237
dArticle 233
Answer: B
Article 235 vests in the High Court control over district courts and subordinate courts, including posting, promotion and grant of leave to members of the judicial service holding posts inferior to that of District Judge.
X has been illegally detained by the police without being produced before a Magistrate. His advocate moves the Gujarat High Court for the enforcement of fundamental as well as ordinary legal rights. The High Court's power to issue writs for the enforcement of Part III rights 'and for any other purpose' is derived from :
aArticle 32
bArticle 227
cArticle 226
dArticle 136
Answer: C
Article 226 empowers every High Court to issue writs for the enforcement of Part III rights and for 'any other purpose', making its writ jurisdiction wider than the Supreme Court's under Article 32, which is confined to fundamental rights.
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period of limitation, the Court shall:
adismiss it only if the defendant pleads limitation as a defence
bdismiss it, although limitation has not been set up as a defence
creturn the plaint for presentation before the proper Court
dproceed with the trial but refuse costs to the plaintiff
Answer: B
Section 3 makes the bar of limitation mandatory: every suit, appeal or application made after the prescribed period shall be dismissed even though limitation has not been set up as a defence.
Where the prescribed period for instituting a suit expires on a day when the Court is closed, Section 4 of the Limitation Act, 1963 permits the suit to be instituted:
aonly after obtaining condonation of delay under Section 5
bon the day immediately preceding the closure of the Court
con the day when the Court reopens
dwithin thirty days of the reopening of the Court
Answer: C
Section 4 provides that when the prescribed period expires on a day the Court is closed, the suit, appeal or application may be instituted on the day the Court reopens.
Under Section 138 of the Negotiable Instruments Act, 1881, a person convicted for dishonour of a cheque for insufficiency of funds may be punished with:
aImprisonment which may extend to one year, or with fine which may extend to the amount of the cheque, or with both
bFine only, which may extend to twice the amount of the cheque
cImprisonment which may extend to three years and fine equal to the amount of the cheque
dImprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
Answer: D
Section 138 prescribes imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Under the proviso to Section 138, after dishonour of the cheque, the payee must make a demand for payment by giving written notice to the drawer within:
aFifteen days of receipt of information regarding dishonour from the bank
bOne month from the date the cheque was drawn
cForty-five days of dishonour of the cheque
dThirty days of receipt of information regarding dishonour from the bank
Answer: D
Clause (b) of the proviso to Section 138 requires the payee or holder in due course to make a demand by giving notice in writing within thirty days of receiving information of dishonour from the bank.
A person who is dispossessed of immovable property without his consent and otherwise than in due course of law institutes a summary suit under Section 6 of the Specific Relief Act, 1963. Which of the following statements is correct regarding such a suit?
aThe suit must be brought within six months of dispossession and no appeal or review lies from the order or decree passed therein
bThe suit may be brought within three years and a first appeal lies as in any other suit
cThe suit lies even against the Government provided it is filed within six months
dThe plaintiff must establish a better title than the defendant to succeed
Answer: A
Under Section 6, the suit must be filed within six months of dispossession, not against the Government, and Section 6(3) bars any appeal or review from such order or decree; title is not in issue in this summary remedy.
A, during the lifetime of his father B, purports to sell to C for consideration the property which A expects to inherit from B on B's death. Under the Transfer of Property Act, 1882, the transfer is:
aValid, as A has a vested interest in the property
bVoid, as a mere chance of an heir-apparent succeeding to an estate (spes successionis) is not transferable
cVoidable at the option of B
dValid only if reduced to a registered instrument
Answer: B
Section 6(a) expressly bars transfer of the mere chance of an heir-apparent succeeding to an estate (spes successionis); such a transfer is void as it does not amount to an interest in property.
Under Section 5 of the Hindu Marriage Act, 1955, what are the minimum ages prescribed for the bridegroom and the bride respectively for a valid Hindu marriage?
aBridegroom 18 years and bride 18 years
bBridegroom 21 years and bride 18 years
cBridegroom 21 years and bride 21 years
dBridegroom 18 years and bride 16 years
Answer: B
Section 5(iii) of the Hindu Marriage Act, 1955 requires that the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
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