Gujarat Judiciary Mock Test 2 — Questions & Solutions
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The Bharatiya Nyaya Sanhita, 2023 introduces a new kind of punishment not found among the punishments in the Indian Penal Code. The enumeration of punishments, including this new one, is contained in:
aSection 6
bSection 53
cSection 4
dSection 2
Answer: C
Section 4 BNS lists the punishments and introduces 'community service' [Section 4(f)] as a new form of punishment, in addition to death, imprisonment for life, imprisonment, forfeiture of property and fine.
Voluntarily causing grievous hurt is dealt with, and made punishable with imprisonment up to seven years and fine, under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 115
bSection 117
cSection 116
dSection 320
Answer: B
Section 117 BNS defines voluntarily causing grievous hurt and, by sub-section (2), punishes it with imprisonment up to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of criminal breach of trust, which were spread across Sections 406 to 409 of the Indian Penal Code, have now been consolidated into a single provision under:
aSection 314
bSection 316
cSection 406
dSection 318
Answer: B
Section 316 BNS consolidates criminal breach of trust (formerly IPC Sections 406–409) into one provision dealing with the offence and its aggravated forms.
Under the Bharatiya Nyaya Sanhita, 2023, the various forms of cheating earlier found in Sections 417, 418 and 420 of the Indian Penal Code have been clubbed together and are now dealt with under:
aSection 318
bSection 316
cSection 420
dSection 320
Answer: A
Section 318 BNS consolidates cheating (including cheating and dishonestly inducing delivery of property, formerly IPC Sections 417, 418 and 420) into a single provision.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided under :
aSection 105 of the BNS
bSection 103 of the BNS
cSection 101 of the BNS
dSection 109 of the BNS
Answer: B
While Section 101 defines murder, the punishment for murder (death or imprisonment for life and fine) is laid down in Section 103 of the BNS, corresponding to Section 302 of the IPC.
A new provision dealing with the killing of a person by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief (mob lynching) has been introduced under the BNS in :
aSection 103(2)
bSection 117(3)
cSection 111
dSection 101
Answer: A
Section 103(2) of the BNS is a fresh provision punishing 'mob lynching' by a group of five or more persons on the specified grounds with death or imprisonment for life and fine; the IPC had no such specific section.
'Organised crime' has been recognised as a distinct offence for the first time under the BNS. It is dealt with under :
aSection 113
bSection 109
cSection 115
dSection 111
Answer: D
Section 111 of the BNS is a new provision defining and punishing organised crime; the offence of terrorist act is separately dealt with under Section 113.
Z snatches a mobile phone from the hand of A in a crowded market by suddenly seizing it and running away. Under the BNS, Z is most appropriately liable for the offence of :
aSnatching under Section 304
bRobbery under Section 309
cExtortion under Section 308
dTheft under Section 303 only
Answer: A
Section 304 of the BNS introduces 'snatching' as a distinct aggravated form of theft where the offender suddenly, quickly or forcibly seizes movable property from a person or his possession.
Which of the following statements correctly distinguishes the offences under the BNS ?
aCriminal breach of trust is dealt with under Section 318 and cheating under Section 316
bBoth criminal breach of trust and cheating are dealt with under Section 318
cCriminal breach of trust is dealt with under Section 316 and cheating under Section 318
dCriminal breach of trust is dealt with under Section 308 and cheating under Section 316
Answer: C
Under the BNS, criminal breach of trust falls under Section 316 (IPC s.406) and cheating under Section 318 (IPC s.420), the two being distinguished by the presence of dishonest intention at inception in cheating.
Under the BNS, the offence of dowry death is provided under :
aSection 80
bSection 85
cSection 79
dSection 86
Answer: A
Section 80 of the BNS deals with dowry death, corresponding to Section 304-B IPC, punishable with imprisonment for not less than seven years which may extend to imprisonment for life.
The expression 'act done by several persons in furtherance of common intention', earlier embodied in Section 34 of the IPC, finds place in the BNS under :
aSection 3(5)
bSection 190
cSection 4
dSection 61
Answer: A
The principle of common intention (vicarious liability) earlier in Section 34 IPC is now contained in Section 3(5) of the BNS, placed in the general explanatory chapter.
The simple interest on a sum of money for 4 years at 6% per annum is Rs. 1,200. Find the principal.
aRs. 4,500
bRs. 5,000
cRs. 6,000
dRs. 4,000
Answer: B
Principal = (SI x 100) / (R x T) = (1200 x 100) / (6 x 4) = 120000 / 24 = Rs. 5,000.
Q13English / Aptitude
The average age of a class of 24 students is 15 years. When the teacher's age is included, the average increases by 1 year. What is the teacher's age?
a40 years
b38 years
c41 years
d39 years
Answer: A
Total age of 24 students = 24 x 15 = 360. With the teacher, total for 25 persons = 25 x 16 = 400. Teacher's age = 400 - 360 = 40 years.
Q14English / Aptitude
A train 150 metres long is running at a speed of 54 km/hr. How long will it take to cross a pole?
a15 seconds
b8 seconds
c12 seconds
d10 seconds
Answer: D
54 km/hr = 54 x 5/18 = 15 m/s. Time to cross a pole = length / speed = 150 / 15 = 10 seconds.
Q15English / Aptitude
If the day before yesterday was Thursday, what day will it be on the day after tomorrow?
aMonday
bTuesday
cSunday
dWednesday
Answer: A
If the day before yesterday was Thursday, then yesterday was Friday and today is Saturday. Tomorrow is Sunday and the day after tomorrow is Monday.
Q16English / Aptitude
Choose the word most nearly OPPOSITE in meaning to: PROLIFIC
aProductive
bAbundant
cFertile
dBarren
Answer: D
Prolific means producing abundantly or fruitfully; its antonym is 'barren', meaning unproductive. The other options are synonyms of prolific.
Q17English / Aptitude
Choose the word most nearly SAME in meaning to: CANDID
aReserved
bHesitant
cDeceitful
dFrank
Answer: D
Candid means open, honest and straightforward, which is closest to 'frank'. The remaining options convey concealment or hesitation, the opposite sense.
Q18English / Aptitude
Fill in the blank with the correct phrasal verb: The committee decided to ______ the meeting because the chairperson was unwell.
aCall off
bCall on
cCall up
dCall for
Answer: A
'Call off' means to cancel. 'Call on' means to visit, 'call up' to telephone, and 'call for' to demand, none of which fit the sense of cancellation.
Q19English / Aptitude
Choose the correctly spelt word:
aPriviledge
bPrivelege
cPrivilage
dPrivilege
Answer: D
The correct spelling is 'privilege' (no 'd', and -lege ending). The other forms are common misspellings.
Q20English / Aptitude
Give the appropriate meaning of the underlined idiom: After the scandal, the minister had to face the music.
aListen attentively
bAccept the unpleasant consequences
cAvoid responsibility
dEnjoy a celebration
Answer: B
To 'face the music' means to accept and deal with the unpleasant consequences of one's actions. It does not relate to celebration or avoidance.
Q21English / Aptitude
Complete the analogy: Author : Novel :: Sculptor : ______
aCanvas
bStatue
cBrush
dClay
Answer: B
An author creates a novel; a sculptor creates a statue. Canvas and clay are materials and a brush is a tool, not the finished creation.
Q22English / Aptitude
Complete the series: 3, 6, 11, 18, 27, ______
a38
b40
c36
d42
Answer: A
The differences increase by 2 each time: +3, +5, +7, +9, +11. So 27 + 11 = 38.
Q23General Knowledge / Current Affairs
Which is the largest city of Gujarat by population, though not its capital?
aRajkot
bVadodara
cAhmedabad
dSurat
Answer: C
Ahmedabad is the largest city of Gujarat; the State capital was shifted from Ahmedabad to the newly built Gandhinagar in 1970.
Under Order VIII, Rule 1 of the Code of Civil Procedure, 1908, the defendant shall present a written statement of his defence within how many days from the date of service of summons, this period being extendable for recorded reasons but not beyond ninety days?
aFifteen days
bForty-five days
cSixty days
dThirty days
Answer: D
Order VIII Rule 1 CPC requires the written statement within thirty days of service of summons, extendable for recorded reasons but not later than ninety days from such service.
An application by a defendant against whom an ex parte decree has been passed, to have the decree set aside on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing, is made under:
aOrder IX, Rule 6
bOrder XXII, Rule 4
cOrder IX, Rule 9
dOrder IX, Rule 13
Answer: D
Order IX Rule 13 CPC allows a defendant to apply to set aside an ex parte decree on grounds of improper service or sufficient cause for non-appearance. Order IX Rule 9 bars a fresh suit where a plaintiff's suit is dismissed for default.
The grant of a temporary injunction to restrain a defendant from disposing of or alienating the property in dispute, where such property is in danger of being wasted, damaged or wrongfully sold in execution of a decree, is governed by:
aOrder XL, Rule 1
bOrder XXXVIII, Rules 1 and 2
cOrder XXXIX, Rules 1 and 2
dOrder XXVI, Rule 9
Answer: C
Order XXXIX Rules 1 and 2 CPC empower the court to grant temporary injunctions to preserve the property in dispute. Order XXXVIII deals with arrest and attachment before judgment.
Where one of several defendants dies and the right to sue does not survive against the surviving defendants alone, the procedure for making the legal representative of the deceased defendant a party is provided under which provision of the Code of Civil Procedure, 1908?
aOrder XXII, Rule 4
bOrder XXII, Rule 9
cOrder XXII, Rule 3
dOrder XXII, Rule 2
Answer: A
Order XXII Rule 4 CPC governs the procedure on the death of a defendant where the right to sue does not survive against the surviving defendants, requiring the legal representative to be brought on record.
Under Section 100A of the Code of Civil Procedure, 1908, where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court:
aA review petition must be filed before any appeal
bNo further appeal shall lie from the judgment and decree of such Single Judge
cA Letters Patent Appeal lies to a Division Bench of the same High Court
dA second appeal lies directly to the Supreme Court
Answer: B
Section 100A CPC bars any further intra-court (Letters Patent) appeal from the judgment and decree of a Single Judge who has decided an appeal from an original or appellate decree or order.
Under the Code of Civil Procedure, 1908, on the death of one of several defendants or of a sole defendant where the right to sue survives, which provision governs the bringing of the legal representative on record?
aOrder 22, Rule 4
bOrder 22, Rule 2
cOrder 22, Rule 10A
dOrder 22, Rule 3
Answer: A
Order 22 Rule 4 deals with the procedure on the death of one of several defendants or of a sole defendant; Rule 3 covers the death of a plaintiff.
Under the Limitation Act, 1963 read with Order 22 of the Code of Civil Procedure, 1908, what is the period of limitation for an application to set aside an abatement under Article 121?
a90 days
b60 days
c30 days
d120 days
Answer: B
Article 121 of the Limitation Act, 1963 prescribes 60 days for an application to set aside an abatement, running from the date of abatement; substitution under Article 120 is 90 days.
Particulars of a set-off in a suit for recovery of money are required to be given in the written statement under which provision of the Code of Civil Procedure, 1908?
aOrder 8, Rule 6A
bOrder 8, Rule 6
cOrder 6, Rule 17
dOrder 7, Rule 11
Answer: B
Order 8 Rule 6 requires the defendant claiming a set-off to present a written statement containing the particulars of the debt sought to be set off; Order 8 Rule 6A deals with counter-claim.
Which section of the Code of Civil Procedure, 1908 empowers a court, where it appears that there exist elements of a settlement, to formulate terms and refer the dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation?
aSection 94
bSection 80
cSection 89
dSection 96
Answer: C
Section 89 CPC provides for settlement of disputes outside the court through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
In Salem Advocate Bar Association v. Union of India (2005), the Supreme Court held that on a harmonious reading of Section 89 and Order 10 Rule 1A of the Code of Civil Procedure, 1908, the word 'may' in Section 89 governs only:
athe reformulation of the terms of a possible settlement and its reference to an ADR mode
bthe discretion of the parties to refuse arbitration
cthe power of the court to record a compromise decree
dthe obligation of the court to refer every case to ADR
Answer: A
The Court clarified that 'may' in Section 89 governs only the aspect of reformulating the terms of a possible settlement; directing parties to opt for an ADR mode is mandatory ('shall').
Complete the given series: 7, 10, 16, 28, 52, ______
a76
b88
c100
d104
Answer: C
Each term is the previous term plus a difference that doubles: +3, +6, +12, +24, +48. So 52 + 48 = 100.
Q51Reasoning / Mathematics
In a certain code language, MANGO is written as 13141574 (with M=13). Following the same rule of writing each letter's position in the alphabet, how would the word LIME be written?
a129135
b12-9-13-5
c1291354
d12091305
Answer: A
L=12, I=9, M=13, E=5, written consecutively gives 129135.
Q52Reasoning / Mathematics
The simple interest on a certain sum for 4 years at 6% per annum is Rs. 480. Find the principal sum.
aRs. 1,800
bRs. 3,200
cRs. 2,400
dRs. 2,000
Answer: D
Principal = (SI x 100) / (R x T) = (480 x 100) / (6 x 4) = 48000 / 24 = Rs. 2,000.
Q53Computer Awareness
In networking, what does the abbreviation 'LAN' stand for?
aLinked Access Node
bLarge Area Network
cLogical Address Network
dLocal Area Network
Answer: D
LAN stands for Local Area Network, a network that connects computers within a limited area such as an office or building.
As of 2025, which is recognised as the fastest/largest AI supercomputing system in India, installed at C-DAC, Pune?
aPARAM Shivay
bSahasraT
cPARAM Pravega
dAIRAWAT
Answer: D
AIRAWAT, installed at the Centre for Development of Advanced Computing (C-DAC), Pune, is India's largest and fastest AI supercomputing system and figured in the global Top500 list.
In computer terminology, the term 'booting' refers to:
aRemoving a virus from the system
bThe process of starting or restarting a computer and loading the operating system into memory
cPermanently deleting files from the hard disk
dConnecting a computer to a network
Answer: B
Booting is the start-up process by which a computer loads the operating system from storage into main memory (RAM) and makes the machine ready for use.
The trial of a proclaimed offender in absentia, a new feature introduced by the BNSS, is provided for under:
aSection 84
bSection 299
cSection 356
dSection 336
Answer: C
Section 356 BNSS introduces trial in absentia of a proclaimed offender who has absconded to evade trial; the trial may commence only after ninety days from the date of framing of charge.
"Community service" as a form of punishment, defined in the Explanation as work which a convict may be ordered to perform for the benefit of the community and for which he shall not be entitled to any remuneration, is introduced in the BNSS by:
aSection 4 read with Section 23
bSection 64
cSection 125
dSection 53
Answer: A
Section 23 BNSS, dealing with punishments and read with Section 4, introduces community service as a sentence; the Explanation to Section 23 defines it as unremunerated work benefiting the community.
Under Section 479 of the BNSS, where an accused who is a first-time offender has undergone detention during investigation, enquiry or trial, he shall be released on bond if he has undergone detention extending up to:
aOne-fourth of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cOne-third of the maximum period of imprisonment specified for the offence
dThe whole of the maximum period of imprisonment specified for the offence
Answer: C
Section 479 BNSS releases a first-time offender on bond on undergoing detention up to one-third of the maximum imprisonment, while other undertrials are released on bail at one-half; offences punishable with death or life imprisonment are excluded.
Under Section 290 of the BNSS, an application for plea bargaining must be filed by the accused within how many days from the date of framing of the charge?
aForty-five days
bFifteen days
cThirty days
dSixty days
Answer: C
Section 290 BNSS introduces a thirty-day limit (from framing of charge) for filing a plea bargaining application, a timeline absent from the corresponding CrPC provision.
Under Section 472 of the BNSS, a convict under sentence of death, his legal heir or relative may submit a mercy petition within how many days from the date the jail Superintendent informs him of the dismissal of his appeal/review or confirmation of the death sentence?
aFifteen days
bNinety days
cThirty days
dSixty days
Answer: C
Section 472 BNSS, a new provision, prescribes a thirty-day period for filing a mercy petition; on rejection by the Governor, a petition to the President must follow within sixty days.
Under Section 175(3) of the BNSS, a Magistrate empowered under Section 210, on an application supported by an affidavit, may order an investigation into a cognizable offence after considering the submissions of the officer in charge in respect of the refusal to register an FIR. This provision corresponds to which earlier CrPC provision?
aSection 156(3)
bSection 190
cSection 154(3)
dSection 200
Answer: A
Section 175(3) BNSS is the successor to Section 156(3) CrPC, but now additionally requires a supporting affidavit and consideration of the officer in charge's submissions before a Magistrate orders investigation.
Under the BNSS, the obligation cast upon every State Government to prepare and notify a Witness Protection Scheme is contained in:
aSection 360
bSection 398
cSection 412
dSection 432
Answer: B
Section 398 BNSS, a newly inserted provision, statutorily obliges each State Government to prepare and notify a Witness Protection Scheme, giving legislative footing to the scheme earlier evolved by the Supreme Court.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'primary evidence' and 'secondary evidence' are respectively defined in:
aSections 58 and 59
bSections 62 and 63
cSections 57 and 58
dSections 51 and 52
Answer: C
Section 57 of the BSA, 2023 defines primary evidence and Section 58 defines secondary evidence (corresponding to Sections 62 and 63 of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023, if a document is required by law to be attested, it shall not be used as evidence until at least one attesting witness has been called to prove its execution (if such witness is alive and capable). This requirement is in:
aSection 66
bSection 68
cSection 65
dSection 67
Answer: D
Section 67 of the BSA, 2023 (Section 68 of the Indian Evidence Act, 1872) governs proof of execution of a document required by law to be attested.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving a fact especially within the knowledge of any person lies upon that person. This is provided in:
aSection 106
bSection 109
cSection 104
dSection 105
Answer: B
Section 109 of the BSA, 2023 (Section 106 of the Indian Evidence Act, 1872) places the burden of proving a fact especially within a person's knowledge upon that person.
The fact that a person was born during the continuance of a valid marriage between his mother and any man (or within 280 days after its dissolution, the mother remaining unmarried) is conclusive proof of legitimacy unless non-access is shown. Under the Bharatiya Sakshya Adhiniyam, 2023 this is:
aSection 116
bSection 112
cSection 118
dSection 119
Answer: A
Section 116 of the BSA, 2023 (Section 112 of the Indian Evidence Act, 1872) makes birth during marriage conclusive proof of legitimacy subject to proof of non-access.
The presumption as to dowry death under the Bharatiya Sakshya Adhiniyam, 2023, whereby the Court shall presume that a person caused the dowry death, is contained in:
aSection 119
bSection 117
cSection 118
dSection 116
Answer: C
Section 118 of the BSA, 2023 (Section 113-B of the Indian Evidence Act, 1872) contains the mandatory presumption as to dowry death where a woman dies of unnatural causes within seven years of marriage and was subjected to cruelty for dowry.
The doctrine of estoppel, under which a person who has by his declaration, act or omission intentionally caused another to believe a thing to be true and to act upon it is not allowed to deny its truth, is contained under the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 119
bSection 121
cSection 122
dSection 115
Answer: B
Section 121 of the BSA, 2023 (Section 115 of the Indian Evidence Act, 1872) embodies the doctrine of estoppel.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that an accomplice shall be a competent witness against an accused, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, is:
aSection 133
bSection 138
cSection 139
dSection 134
Answer: B
Section 138 of the BSA, 2023 (corresponding to Section 133 of the Indian Evidence Act, 1872) makes an accomplice a competent witness; as enacted it provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the enacted BSA text says 'corroborated', unlike the repealed IEA Section 133 which used 'uncorroborated').
Under the Gujarat Police Act, 1951, a person (not being a member of the armed forces or a police officer) who goes armed with a sword, gun or other offensive weapon in a street or public place without lawful authority is dealt with under:
aSection 122
bSection 135
cSection 123
dSection 124
Answer: C
Section 123 of the Gujarat Police Act provides that such a person is liable to be disarmed and the weapon forfeited to the State Government unless redeemed within two months on payment of fine.
Under the Bombay Land Revenue Code, 1879 (as applicable in Gujarat), the village accountant (Talati) is required to enter every reported acquisition or transfer of a right in land in the:
aCrop inspection register under Section 65
bRecord of encumbrances under Section 117
cRegister of mutations under Section 135D
dSurvey settlement register under Section 95
Answer: C
Section 135D of the Bombay Land Revenue Code, 1879 requires the village accountant to enter in a register of mutations every report received under Section 135C and to post a copy in the chavdi and give intimation to interested persons.
An entry in the record of rights or register of mutations maintained under the Bombay Land Revenue Code, 1879 carries:
aA presumption of truth until the contrary is proved
bConclusive proof of title to the land
cProof of ownership binding on civil courts
dNo evidentiary value whatsoever
Answer: A
An entry in the record of rights / register of mutations is presumed to be true until the contrary is proved or a new entry is lawfully substituted; it does not by itself create or extinguish title, which can only be decided by a competent civil court.
Under the Bombay (Gujarat) Tenancy and Agricultural Lands Act, 1948, a sale, gift, exchange, lease or mortgage of agricultural land in favour of a person who is not an agriculturist is barred by:
aSection 63
bSection 84C
cSection 32
dSection 43
Answer: A
Section 63 bars transfers of agricultural land to non-agriculturists; such a transfer is invalid unless permitted by the Collector or authorised officer on prescribed conditions.
Under the Gujarat Stamp Act, 1958 (formerly the Bombay Stamp Act, 1958), where the registering officer has reason to believe that the market value of property in an instrument of conveyance has not been truly set forth, the procedure for determination of true market value is provided in:
aSection 53A
bSection 31
cSection 33
dSection 32A
Answer: D
Section 32A of the Gujarat Stamp Act, 1958 deals with determination of the true market value of property which is the subject matter of a conveyance and the reference to the Collector for that purpose where the instrument appears undervalued.
In a complaint for dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881, after the 2015 amendment, the offence is to be tried by the court within whose local jurisdiction (where the cheque is delivered for collection through an account):
athe drawer's bank branch is situated
bthe branch of the bank where the payee maintains his account is situated
cthe cheque was drawn
dthe accused ordinarily resides
Answer: B
Section 142(2)(a), inserted by the 2015 amendment, fixes jurisdiction at the branch of the bank where the payee or holder in due course maintains the account when the cheque is delivered for collection through an account, reversing Dashrath Rupsingh Rathod.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence:
acan only be lodged at the police station having territorial jurisdiction over the offence
bmay be lodged at any police station irrespective of the area where the offence is committed (Zero FIR)
cmust always be lodged before a Magistrate first
dcan be refused by the officer on the ground of want of jurisdiction
Answer: B
Section 173 BNSS, 2023 statutorily recognises the Zero FIR: information of a cognizable offence may be given at any police station regardless of jurisdiction, and is thereafter transferred to the police station having jurisdiction.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person who gives the guarantee is called the:
aindemnifier
bcreditor
csurety
dprincipal debtor
Answer: C
Under Section 126, the person who gives the guarantee is the surety, the person in respect of whose default the guarantee is given is the principal debtor, and the person to whom the guarantee is given is the creditor.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is, unless otherwise provided by the contract:
alimited to one-half of the principal debtor's liability
bsecondary and arises only after the creditor exhausts remedies against the principal debtor
ccontingent upon notice of default being given to the surety
dco-extensive with that of the principal debtor
Answer: D
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.
The delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them, is defined in the Indian Contract Act, 1872 as:
aagency
blien
cpledge
dbailment
Answer: D
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, on a contract that they shall be returned or disposed of as directed once the purpose is accomplished.
Which of the following classes of persons is NOT conferred a general lien under Section 171 of the Indian Contract Act, 1872 in the absence of a contract to the contrary?
aBankers
bWharfingers
cInnkeepers
dPolicy-brokers
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; innkeepers are not included in this enumeration.
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of some event which the promisor could not prevent, becomes, under Section 56 of the Indian Contract Act, 1872:
avalid but the promisor liable in damages
bvoid when the act becomes impossible or unlawful
cvoid ab initio
dvoidable at the option of the promisee
Answer: B
Under Section 56, a contract to do an act which afterwards becomes impossible or unlawful by an event the promisor could not prevent becomes void when the act becomes impossible or unlawful (the doctrine of supervening impossibility/frustration).
Under Section 73 of the Indian Contract Act, 1872, the compensation recoverable for loss or damage caused by breach of contract:
ais always equal to the consideration paid under the contract
bis limited to a penalty fixed in the contract
cdoes not include any remote and indirect loss or damage sustained by reason of the breach
dincludes any remote and indirect loss sustained by reason of the breach
Answer: C
Section 73 allows compensation for loss or damage which naturally arose in the usual course of things from the breach or which the parties knew to be likely, but expressly excludes remote and indirect loss or damage.
Every High Court has the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This power of superintendence is conferred by :
aArticle 226
bArticle 228
cArticle 235
dArticle 227
Answer: D
Article 227 confers on every High Court the power of superintendence (administrative and judicial) over all courts and tribunals within its territorial jurisdiction, except courts or tribunals constituted under any law relating to the Armed Forces.
The directive that the State shall take steps to separate the judiciary from the executive in the public services of the State is contained in :
aArticle 44
bArticle 39A
cArticle 41
dArticle 50
Answer: D
Article 50, a Directive Principle of State Policy in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State.
A person arrested and detained in custody must be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. Under Article 22(2), this period of twenty-four hours :
amay in all cases be extended by the police officer up to forty-eight hours
bexcludes the time necessary for the journey from the place of arrest to the Magistrate's court
cis computed only from the time the accused reaches the police station
dincludes the time necessary for the journey from the place of arrest to the Magistrate's court
Answer: B
Under Article 22(2), the twenty-four hour period within which an arrested person must be produced before the nearest Magistrate excludes the time necessary for the journey from the place of arrest to the court of the Magistrate.
Dr. B.R. Ambedkar described which Article of the Constitution as 'the very soul of the Constitution and the very heart of it'?
aArticle 14
bArticle 21
cArticle 32
dArticle 226
Answer: C
Dr. B.R. Ambedkar referred to Article 32 (Right to Constitutional Remedies) as the heart and soul of the Constitution, as it guarantees the right to move the Supreme Court for enforcement of fundamental rights.
An application under which provision is expressly excluded from the benefit of condonation of delay under Section 5 of the Limitation Act, 1963?
aOrder XXXVII of the Code of Civil Procedure, 1908
bOrder XXI of the Code of Civil Procedure, 1908
cOrder XLI of the Code of Civil Procedure, 1908
dOrder IX of the Code of Civil Procedure, 1908
Answer: B
Section 5 expressly excepts applications under any of the provisions of Order XXI CPC (execution applications) from the benefit of condonation of delay.
Under Section 6 of the Limitation Act, 1963, where a person entitled to institute a suit is, at the time the period of limitation begins to run, a minor or insane or an idiot, he may institute the suit:
aonly during the subsistence of the disability and not thereafter
bat any time, the law of limitation being wholly inapplicable to him
cwithin thirty days of the cessation of the disability in every case
dwithin the same period after the disability has ceased, as otherwise allowed from the time prescribed
Answer: D
Section 6 allows a person under disability (minority, insanity or idiocy) when limitation begins to run to sue, after the disability ceases, within the same period that would otherwise have been allowed from the prescribed time.
Section 8 of the Limitation Act, 1963 provides that the special exception in favour of persons under disability shall not, in any event, extend the period of limitation by more than:
athree years after the cessation of the disability or death
bone year after the cessation of the disability
ctwelve years after the cessation of the disability
dtwo years after the cessation of the disability
Answer: A
Section 8 (a proviso to Sections 6 and 7) caps the extension: limitation cannot be extended for more than three years after the disability ceases or the disabled person dies, and it does not apply to suits for pre-emption.
Under Section 142 of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must ordinarily be made within:
aFifteen days from the date of dishonour
bThirty days from the date of the notice of demand
cOne month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
dThree months from the date of the cheque
Answer: C
Section 142(1)(b) requires the complaint to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138 (the court may take cognizance after this period on sufficient cause shown).
Once execution of a cheque is admitted, the presumption that the holder received it for the discharge, in whole or in part, of a debt or other liability is drawn under:
aSection 139 of the Act
bSection 140 of the Act
cSection 138 of the Act
dSection 118 of the Act
Answer: A
Section 139 raises a presumption in favour of the holder that the cheque was received for the discharge, in whole or in part, of any debt or other liability, until the contrary is proved.
After the Specific Relief (Amendment) Act, 2018 came into force, which of the following best describes the position regarding specific performance of a contract under the Specific Relief Act, 1963?
aSpecific performance continues to be granted entirely at the discretion of the court as an exceptional remedy
bSpecific performance has been abolished and only damages may be awarded
cSpecific performance may be granted only where the plaintiff is a Government company
dSpecific performance has become a general rule enforceable by the court, subject only to the limited exceptions specified in the Act, and is no longer a matter of wide judicial discretion
Answer: D
The 2018 amendment substituted Section 10 to make specific performance enforceable as a general rule, removing the earlier wide discretion of the court, subject to the exceptions in Sections 11(2), 14 and 16.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for purposes other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease:
aFrom year to year, terminable by six months' notice
bFrom month to month, terminable by thirty days' notice
cFor a fixed term of eleven months, not requiring any notice
dFrom month to month, terminable by fifteen days' notice
Answer: D
Section 106 deems a lease for purposes other than agricultural or manufacturing to be a month-to-month lease, terminable by fifteen days' notice; agricultural or manufacturing leases are year-to-year, terminable by six months' notice.
Where the rites and ceremonies of a Hindu marriage include the saptapadi, the marriage becomes complete and binding under the Hindu Marriage Act, 1955 when:
athe seventh step is taken before the sacred fire
bthe marriage is registered before the Registrar
cthe bride and bridegroom exchange garlands
dthe kanyadaan is performed by the father of the bride
Answer: A
Under Section 7(2) of the Hindu Marriage Act, 1955, where the saptapadi is included, the marriage becomes complete and binding when the seventh step is taken jointly by the bride and bridegroom before the sacred fire.
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