Gujarat Judiciary Mock Test 8 — Questions & Solutions
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Under the BNS, 2023, the punishment for the offence of dowry death is provided in :
aSection 85
bSection 84
cSection 80
dSection 79
Answer: C
Section 80 BNS deals with dowry death and prescribes imprisonment of not less than seven years extending to life. Cruelty by husband or his relatives is dealt with under Section 85.
Cruelty by the husband or relatives of the husband of a woman is punishable under which section of the BNS, 2023?
aSection 80
bSection 86
cSection 85
dSection 84
Answer: C
Section 85 BNS punishes cruelty by husband or his relatives with imprisonment up to three years and fine; Section 86 explains the meaning of 'cruelty'.
Under the BNS, 2023, the right of private defence of the body extends to voluntarily causing the death of the assailant in the situations enumerated under :
aSection 35
bSection 38
cSection 44
dSection 34
Answer: B
Section 38 BNS enumerates the situations (such as assault causing apprehension of death or grievous hurt, rape, kidnapping, acid attack, etc.) in which the right of private defence of the body extends to causing death.
Z attempts to commit suicide with intent to compel a public servant from discharging his official duty. Under the BNS, 2023, the offence falls under :
aSection 224
bSection 108
cSection 109
dSection 226
Answer: D
Section 226 BNS punishes an attempt to commit suicide to compel or restrain a public servant from exercising lawful power, with simple imprisonment up to one year, fine, both, or community service.
The offence of defamation under the BNS, 2023, is dealt with under :
aSection 499
bSection 356
cSection 354
dSection 358
Answer: B
Section 356 BNS defines defamation and prescribes simple imprisonment up to two years, fine, both, or community service. The corresponding IPC provision was Section 499/500.
Under the BNS, 2023, kidnapping or abducting a person in order to murder or for ransom is punishable under :
aSection 139
bSection 140
cSection 143
dSection 137
Answer: B
Section 140 BNS deals with kidnapping or abducting in order to murder, or for ransom etc., the gravest forms attracting death or imprisonment for life.
The offence relating to acts endangering the sovereignty, unity and integrity of India (which replaces the former offence of sedition) is contained in which section of the BNS, 2023?
aSection 150
bSection 152
cSection 124A
dSection 147
Answer: B
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India, replacing the former offence of sedition under Section 124A IPC.
Choose the correctly punctuated and grammatical sentence.
aNeither the judge nor the advocates were present.
bNeither the judge or the advocates were present.
cNeither the judge nor the advocates was present.
dNeither the judge nor the advocates is present.
Answer: A
In 'neither...nor' constructions the verb agrees with the nearer subject ('advocates', plural), so 'were' is correct; 'nor' must pair with 'neither'.
Q13English / Aptitude
A train 180 metres long crosses a platform 270 metres long in 30 seconds. What is the speed of the train?
a45 km/hr
b54 km/hr
c60 km/hr
d48 km/hr
Answer: B
Total distance = 180 + 270 = 450 m in 30 s = 15 m/s; multiplying by 18/5 gives 54 km/hr.
Q14English / Aptitude
Fill in the blank with the correct preposition: 'The accused was acquitted ___ all the charges framed against him.'
aagainst
bwith
cof
dfrom
Answer: C
The standard collocation is 'acquitted of' a charge or offence; 'acquitted from' is incorrect English usage.
Q15English / Aptitude
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times the original sum at the same rate?
a20 years
b16 years
c32 years
d24 years
Answer: D
Doubling in 8 years means the interest equals the principal in 8 years, so the rate is 12.5%; to become four times, total interest must equal three times the principal, requiring 3×8 = 24 years.
Q16English / Aptitude
Choose the option that correctly completes the analogy: Optimist : Hopeful :: Pessimist : ___
aGloomy
bCheerful
cGenerous
dConfident
Answer: A
An optimist is characteristically hopeful; by the same relation a pessimist is characteristically gloomy or despondent.
Q17English / Aptitude
Choose the word that is spelt correctly.
aMaintenance
bMaintainance
cMaintainnance
dMaintainence
Answer: A
The correct spelling is 'maintenance', with '-ten-' in the middle and ending in '-ance'.
Q18English / Aptitude
Choose the option that best replaces the idiom 'to turn a deaf ear' in: 'The minister turned a deaf ear to the protesters.'
aignored or refused to listen to
blistened carefully to
cspoke loudly to
dagreed with
Answer: A
'To turn a deaf ear' means to refuse to listen or pay attention to something, i.e., to ignore it.
Q19English / Aptitude
The average age of 11 players in a cricket team is 28 years. If the coach, aged 40 years, is also included, what is the new average age?
a29 years
b29.5 years
c28.5 years
d30 years
Answer: A
Total age of 11 players = 11×28 = 308; adding 40 gives 348 over 12 persons, so the new average is 348/12 = 29 years.
Q20English / Aptitude
Who assumed office as the 53rd Chief Justice of India on 24 November 2025?
aJustice B. R. Gavai
bJustice Sanjiv Khanna
cJustice D. Y. Chandrachud
dJustice Surya Kant
Answer: D
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai.
Garrulous means excessively talkative, especially about trivial matters, so 'Talkative' is the closest synonym.
Q23General Knowledge / Current Affairs
Which Article of the Constitution of India provides for the establishment of High Courts for the States?
aArticle 124
bArticle 226
cArticle 214
dArticle 233
Answer: C
Article 214 of the Constitution provides that there shall be a High Court for each State; Article 226 deals with the power of High Courts to issue writs, and Article 124 deals with the Supreme Court.
The 'Statue of Unity', the world's tallest statue dedicated to Sardar Vallabhbhai Patel, is located in which district of Gujarat?
aSurat
bNarmada
cVadodara
dKutch
Answer: B
The Statue of Unity, standing 182 metres tall, is located at Kevadia in the Narmada district of Gujarat, near the Sardar Sarovar Dam on the Narmada river.
Choose the option that gives the correct meaning of the underlined idiom: The new evidence finally put the case 'to bed'.
aMade it more complicated
bPostponed it indefinitely
cSettled or concluded it
dSent it for appeal
Answer: C
The idiom 'to put something to bed' means to deal with it finally or bring it to a satisfactory conclusion, so here it means the case was settled or concluded.
The Statue of Unity, the world's tallest statue, is a tribute to Sardar Vallabhbhai Patel and stands at a height of:
a240 metres
b93 metres
c152 metres
d182 metres
Answer: D
Located near Kevadia in the Narmada district of Gujarat, the statue itself is 182 metres tall, a figure chosen to match the number of seats in the Gujarat Legislative Assembly.
The principal seat of the High Court of Gujarat is located at:
aVadodara
bGandhinagar
cRajkot
dSola, Ahmedabad
Answer: D
The Gujarat High Court has functioned from its building at Sola, Ahmedabad since 1999; Ahmedabad is the seat of the Court even though Gandhinagar is the State capital.
Under the Code of Civil Procedure, attachment of property before judgment is provided for under:
aOrder 39, Rule 1
bOrder 21, Rule 54
cOrder 38, Rule 5
dOrder 40, Rule 1
Answer: C
Order 38, Rule 5 CPC permits the court to direct attachment before judgment where the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property.
The doctrine of res judicata is embodied in which section of the Code of Civil Procedure, 1908?
aSection 11
bSection 10
cSection 9
dSection 12
Answer: A
Section 11 CPC enacts the rule of res judicata, barring a court from trying any suit or issue that has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court.
The bar on a court proceeding with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties (stay of suit / res sub judice) is contained in:
aSection 10
bSection 11
cSection 151
dSection 89
Answer: A
Section 10 CPC (res sub judice) requires a court to stay the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties pending before a competent court.
The inherent powers of a civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court are preserved under:
aSection 148
bSection 152
cSection 151
dSection 153
Answer: C
Section 151 CPC saves the inherent power 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.
Under the Code of Civil Procedure, the execution of decrees and orders is dealt with principally under:
aOrder 23
bOrder 20
cOrder 21
dOrder 22
Answer: C
Order 21 CPC is the most exhaustive Order in the Code and lays down the detailed procedure for execution of decrees and orders, including modes such as attachment and sale of property and arrest of the judgment-debtor.
Under the Code of Civil Procedure, 1908, the principle that a Court shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred is contained in:
aSection 20
bSection 11
cSection 9
dSection 15
Answer: C
Section 9 confers on civil courts the jurisdiction to try all suits of a civil nature unless their cognizance is expressly or impliedly barred.
The doctrine of res judicata, which bars the trial of a matter already directly and substantially in issue in a former suit between the same parties, is embodied in which section of the Code of Civil Procedure, 1908?
aSection 11
bSection 13
cSection 12
dSection 10
Answer: A
Section 11 embodies res judicata, upholding the conclusiveness of judgments so that a matter once decided by a competent court cannot be reopened between the same parties.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie, except on a question of law, from a decree in a suit cognizable by Courts of Small Causes when the value of the subject-matter does not exceed:
aThree thousand rupees
bTwenty thousand rupees
cFive thousand rupees
dTen thousand rupees
Answer: D
As substituted by the 1999 Amendment (w.e.f. 1-7-2002), Section 96(4) bars appeals except on a question of law in small cause suits where the value does not exceed ten thousand rupees.
A second appeal to the High Court from an appellate decree, lying only where the case involves a substantial question of law, is provided under which provision of the Code of Civil Procedure, 1908?
aSection 100
bSection 115
cSection 104
dSection 96
Answer: A
Section 100 governs the second appeal to the High Court and lies only where the case involves a substantial question of law.
All the others are perfect cubes (2^3, 3^3, 4^3, 5^3, 6^3), whereas 100 is a perfect square and not a cube.
Q45Reasoning / Mathematics
A train 150 metres long is running at 54 km/hr. How long will it take to cross a platform 250 metres long?
a20 seconds
b26.67 seconds
c24 seconds
d30 seconds
Answer: B
Speed = 54 km/hr = 15 m/s. Total distance = 150 + 250 = 400 m. Time = 400/15 = 26.67 seconds.
Q46Reasoning / Mathematics
If A = 1, B = 2, C = 3 ... Z = 26, what is the sum of the letter values of the word "LAW"?
a34
b33
c36
d35
Answer: C
L = 12, A = 1, W = 23; the sum is 12 + 1 + 23 = 36.
Q47Reasoning / Mathematics
Two pipes A and B can fill a tank in 12 minutes and 18 minutes respectively. If both pipes are opened together, how long will they take to fill the tank?
a6.8 minutes
b7.2 minutes
c7.5 minutes
d8 minutes
Answer: B
Combined rate = 1/12 + 1/18 = 3/36 + 2/36 = 5/36 tank per minute, so time = 36/5 = 7.2 minutes.
Q48Reasoning / Mathematics
In a row of 40 students, Riya is 15th from the left end. What is her position from the right end?
a27th
b26th
c24th
d25th
Answer: B
Position from right = total - position from left + 1 = 40 - 15 + 1 = 26th.
Q49Reasoning / Mathematics
The average of five consecutive odd numbers is 27. What is the largest of these numbers?
a35
b29
c33
d31
Answer: D
For consecutive odd numbers the average is the middle term, so the middle number is 27 and the numbers are 23, 25, 27, 29, 31; the largest is 31.
Q50Reasoning / Mathematics
Statements: All pens are books. Some books are pencils. Which conclusion necessarily follows?
aSome pens are pencils
bSome books are pens
cNo pencil is a pen
dAll pens are pencils
Answer: B
Since all pens are books, the pens form a subset of books, so it necessarily follows that some books are pens. The pen-pencil conclusions are not certain.
Q51Reasoning / Mathematics
A shopkeeper marks an article 40% above cost price and allows a discount of 25% on the marked price. What is his profit percentage?
a12%
b10%
c15%
d5%
Answer: D
Let CP = 100; marked price = 140; selling price after 25% discount = 140 x 0.75 = 105, giving a profit of 5%.
Q52Reasoning / Mathematics
A man walks 10 m towards South, then turns left and walks 15 m, then turns left again and walks 10 m. How far and in which direction is he now from his starting point?
a15 m towards East
b15 m towards West
c15 m towards North
d25 m towards East
Answer: A
Walking South 10 m, then East 15 m (left turn), then North 10 m (left turn) cancels the North-South movement, leaving him 15 m due East of the start.
Q53Computer Awareness
A self-replicating malicious program that spreads across networks without needing to attach itself to a host file is best described as a:
aTrojan horse
bCookie
cWorm
dPatch
Answer: C
A worm is standalone malware that replicates and spreads by itself over networks, unlike a virus or Trojan that relies on a host program or user action.
In a spreadsheet program such as Microsoft Excel, the intersection of a row and a column where data is entered is known as a:
aCell
bTable
cRecord
dField
Answer: A
The rectangular box formed at the intersection of a row and a column in a spreadsheet is called a cell, identified by its column letter and row number.
One kilobyte (1 KB), in the binary convention commonly used in computing, is equal to :
a100 bytes
b1024 bits
c1000 bytes
d1024 bytes
Answer: D
In the binary convention, 1 kilobyte equals 2 to the power 10, that is 1024 bytes; the SI prefix 'kilo' meaning 1000 is also used but the classic computing value is 1024 bytes.
An IPv6 address is 128 bits long, written as eight groups of 16 bits in hexadecimal separated by colons, vastly larger than the 32-bit IPv4 address space.
Which of the following is a volatile memory, i.e. it loses its contents when the computer is switched off ?
aRAM
bROM
cDVD-ROM
dHard disk
Answer: A
RAM (Random Access Memory) is volatile and loses its stored data once power is removed, whereas ROM, hard disks and optical discs retain data without power.
Under Section 187 of the BNSS dealing with the procedure when investigation cannot be completed in twenty-four hours, the maximum period of detention authorised by the Magistrate (otherwise than in police custody) is ninety days where the investigation relates to an offence punishable with:
aDeath sentence alone
bAny term of imprisonment exceeding three years
cImprisonment for not less than ten years, imprisonment for life or death
dImprisonment for not less than seven years only
Answer: C
Under Section 187 BNSS, ninety days' detention is permissible where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years; otherwise the period is sixty days.
In a warrant case instituted on a police report, under Section 250 of the BNSS the accused may file an application for discharge within how many days from the date of supply of the copy of the police report and documents under Section 230?
aForty-five days
bSixty days
cThirty days
dNinety days
Answer: B
Section 250(1) BNSS provides that the accused may, within sixty days from the date of supply of documents under Section 230, file an application for discharge — a fixed timeline newly introduced by the BNSS.
Section 223 of the BNSS, dealing with cognizance of an offence by a Magistrate upon a complaint, introduces a fresh safeguard not found in the old Section 200 CrPC. That safeguard is that:
aThe Magistrate must record reasons for taking cognizance in every case
bCognizance can be taken only after sanction of the District Magistrate
cThe complaint must be supported by an affidavit
dThe accused shall be given an opportunity of being heard before cognizance is taken
Answer: D
The first proviso to Section 223(1) BNSS requires that no cognizance of an offence on a complaint shall be taken without giving the accused an opportunity of being heard — a new procedural safeguard.
Section 356 of the BNSS, which has no counterpart in the CrPC, empowers a Court to conduct the inquiry or trial and pronounce judgment in the absence of a proclaimed offender. Such trial in absentia may commence only after the lapse of how long from the date of framing of charge?
aSixty days
bNinety days
cOne hundred and eighty days
dThirty days
Answer: B
Section 356 BNSS permits trial in absentia of a proclaimed offender but bars commencement of trial until ninety days have elapsed from the date of framing of the charge.
Under Section 398 of the BNSS, the duty to prepare and notify a Witness Protection Scheme is cast upon:
aThe Central Government
bThe National Human Rights Commission
cThe concerned High Court
dEvery State Government
Answer: D
Section 398 BNSS makes it obligatory for every State Government to prepare and notify a Witness Protection Scheme to ensure the protection of witnesses.
Under Section 472 of the BNSS, a convict under sentence of death (or his legal heir/relative) may file a mercy petition before the President under Article 72 or the Governor under Article 161 within how many days of being informed by the jail Superintendent of the dismissal of appeal or confirmation of sentence?
aThirty days
bSixty days
cFifteen days
dSeven days
Answer: A
Section 472(1) BNSS prescribes a thirty-day period from the date the jail Superintendent informs the convict of dismissal of the appeal or confirmation of the death sentence for filing a mercy petition — a timeline newly codified by the BNSS.
Section 479 of the BNSS deals with the maximum period for which an undertrial may be detained. For a person (not a first-time offender) who is not accused of an offence punishable with death or life imprisonment, release on bail is mandated once detention has reached:
aOne-half of the maximum period of imprisonment prescribed
bThe full maximum period of imprisonment prescribed
cTwo-thirds of the maximum period of imprisonment prescribed
dOne-third of the maximum period of imprisonment prescribed
Answer: A
Under Section 479(1) BNSS, an undertrial (other than for an offence punishable with death or life imprisonment) who has undergone one-half of the maximum period of imprisonment shall be released on bail; a first-time offender is released at one-third.
The contents of documents may be proved either by primary or by secondary evidence. Under the Bharatiya Sakshya Adhiniyam, 2023, "primary evidence" is defined in:
aSection 62
bSection 58
cSection 56
dSection 57
Answer: D
Section 57 of the BSA, 2023 (old Section 62, IEA) defines primary evidence as the document itself produced for the inspection of the Court.
An electronic or digital record is admissible as a document, subject to the conditions and accompanying certificate, under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 79
bSection 65B
cSection 62
dSection 63
Answer: D
Section 63 of the BSA, 2023 (corresponding to old Section 65B, IEA) governs admissibility of electronic records and requires a certificate under Section 63(4).
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023, this rule is contained in:
aSection 106
bSection 119
cSection 109
dSection 104
Answer: C
Section 109 of the BSA, 2023 (old Section 106, IEA) places the burden of proving a fact especially within a person's knowledge upon that person.
Under the Bharatiya Sakshya Adhiniyam, 2023, where the question is whether a person committed the dowry death of a woman and it is shown that soon before her death she was subjected by him to cruelty for any demand for dowry, the Court:
amay presume that he caused the dowry death
bmay presume only if there is independent corroboration
cshall treat it as conclusive proof of dowry death
dshall presume that he caused the dowry death
Answer: D
Section 118 of the BSA, 2023 (old Section 113B, IEA) directs that the Court shall presume that the accused caused the dowry death in such circumstances.
The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is, under the Bharatiya Sakshya Adhiniyam, 2023, conclusive proof of legitimacy unless non-access is shown. This is:
aSection 119
bSection 114
cSection 116
dSection 112
Answer: C
Section 116 of the BSA, 2023 (old Section 112, IEA) makes birth during a valid marriage conclusive proof of legitimacy unless non-access is established.
Under the Bharatiya Sakshya Adhiniyam, 2023, no tenant of immovable property shall, during the continuance of the tenancy, be permitted to deny that the landlord had a title to such property at the beginning of the tenancy. This estoppel of a tenant is provided in:
aSection 123
bSection 121
cSection 124
dSection 122
Answer: D
Section 122 of the BSA, 2023 (old Section 116, IEA) embodies the estoppel of a tenant and of a licensee from denying the landlord's title.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice shall be a competent witness against an accused person; and a conviction based on the corroborated testimony of an accomplice is not illegal. This is provided in:
aSection 146
bSection 139
cSection 133
dSection 138
Answer: D
Section 138 of the BSA, 2023 declares that an accomplice shall be a competent witness against an accused person and that a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. Note that the enacted BSA wording uses 'corroborated' (a deliberate change from the repealed Section 133, IEA, which spoke of 'uncorroborated' testimony).
Under Section 16 of the Gujarat Control of Terrorism and Organised Crime Act, 2019, a confession made by an accused is admissible in the trial of such accused, co-accused, abettor or conspirator only if it is recorded by a police officer not below the rank of:
aSuperintendent of Police
bInspector-General of Police
cDeputy Superintendent of Police
dInspector of Police
Answer: A
Section 16 of the GCTOC Act, 2019 makes a confession recorded by a police officer not below the rank of Superintendent of Police admissible against the accused, co-accused, abettor or conspirator tried together.
Under Section 10 of the Bombay Money-Lenders Act, 1946 (as applicable in Gujarat), where a money-lender suing for recovery of a loan was not holding a valid licence at the relevant time and fails to produce one even after the time allowed by the court, the court shall:
arefer the matter to the Registrar for compounding
bdismiss the suit
cstay the suit indefinitely
ddecree the suit but disallow interest only
Answer: B
Section 10 bars a court from passing a decree in favour of an unlicensed money-lender; if no valid licence is produced within the period allowed, the suit must be dismissed.
Under Chapter X-A of the Gujarat Land Revenue Code, 1879, when the village accountant makes an entry in the register of mutations, the provision requiring him to post up a copy of the entry in the chavdi and give written intimation to interested persons is:
aSection 135G
bSection 135C
cSection 135D
dSection 135J
Answer: C
Section 135D governs the register of mutations and the consequential duty to publish the entry in the chavdi and serve written notice on persons appearing to be interested.
The maximum sentence of imprisonment prescribed for a 'land grabber' under the Gujarat Land Grabbing (Prohibition) Act, 2020 is:
aimprisonment up to 7 years
bimprisonment up to 14 years
cimprisonment up to 10 years
dimprisonment for life
Answer: B
The Gujarat Land Grabbing (Prohibition) Act, 2020 provides for imprisonment of not less than 10 years extending up to 14 years, along with fine which may extend to the jantri value of the property.
Under Section 66(1)(b) of the Gujarat Prohibition Act, 1949, for consuming, using, possessing or transporting an intoxicant (other than opium or hemp) in contravention of the Act, the punishment on a second or subsequent conviction is imprisonment:
aup to one year, or fine, or both
bup to two years but not less than six months, and fine up to two thousand rupees
cup to ten years but not less than seven years, and fine
dfor life or with death, and fine
Answer: B
Section 66(1)(b) prescribes, for a second or subsequent offence, imprisonment up to two years and not less than six months together with fine up to two thousand rupees.
Under Section 98 of the Gujarat Prohibition Act, 1949, in addition to the intoxicant itself, which of the following is also liable to confiscation when an offence under the Act has been committed?
aOnly the animals used to carry the intoxicant
bNothing other than the intoxicant may be confiscated
cOnly the receptacles and packages containing the intoxicant
dThe receptacles, packages and coverings, and the animals, carts, vessels or other conveyances used in carrying the intoxicant
Answer: D
Section 98 makes liable to confiscation not only the offending article but also the receptacles, packages and coverings, and the animals, carts, vessels and other conveyances used in carrying it.
Investigation provisions of the Gujarat Control of Terrorism and Organised Crime Act, 2019 extend the time available to complete investigation and file the charge-sheet (failing which the accused becomes entitled to default bail) from the ordinary 90 days to:
a365 days
b180 days
c150 days
d120 days
Answer: B
Following the MCOCA model, the GCTOC Act extends the period for completing investigation to 180 days, modifying the default-bail timeline otherwise applicable under the general criminal procedure law.
Which of the following provisions of the Indian Contract Act, 1872, lays down who are competent to contract?
aSection 12
bSection 11
cSection 13
dSection 10
Answer: B
Section 11 declares that every person is competent to contract who is of the age of majority, of sound mind, and not disqualified from contracting by any law to which he is subject.
A promises, in writing signed by him, to pay B a debt the recovery of which is barred by the law of limitation. Under the Indian Contract Act, 1872, this promise is:
aVoid for want of consideration
bUnenforceable because the debt is time-barred
cValid under the third exception to Section 25
dVoidable at the option of A
Answer: C
Section 25(3) makes a written and signed promise to pay a time-barred debt a valid exception to the rule that an agreement without consideration is void.
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 under the Indian Contract Act, 1872, as a:
aPledge
bBailment
cAgency
dGuarantee
Answer: B
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, to be returned or disposed of as directed once the purpose is accomplished.
Under the Indian Contract Act, 1872, which of the following provisions deals with an "agreement in restraint of trade" and declares it void to that extent?
aSection 30
bSection 28
cSection 27
dSection 26
Answer: C
Section 27 declares every agreement by which any person is restrained from exercising a lawful profession, trade or business void to that extent, subject only to the goodwill exception. Section 26 deals with restraint of marriage and Section 28 with restraint of legal proceedings.
A, a minor, executes a mortgage of his immovable property to secure a loan. Following the rule in Mohori Bibee v. Dharmodas Ghose, the agreement is:
aVoid ab initio
bValid but unenforceable until ratification on majority
cVoidable at the option of the lender
dVoidable at the option of the minor
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement by a minor is void ab initio under Section 11, the minor being incompetent to contract. A minor's agreement cannot be ratified on attaining majority.
Which one 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 gratuitous oral promise to pay a friend a sum of money out of friendship
bA written and signed promise to pay a time-barred debt, wholly or in part
cA written and registered promise made on account of natural love and affection between parties standing in a near relation
dA promise to compensate a person who has already voluntarily done something for the promisor
Answer: A
Section 25 saves only three categories of consideration-less agreements: natural love and affection (written and registered), compensation for past voluntary service, and a written promise to pay a time-barred debt. A purely oral gratuitous promise out of friendship falls under none and is void.
A judge of the Gujarat High Court is to be appointed by the President. Under Article 217, before such appointment the President consults the Chief Justice of India, the Governor of the State, and:
athe Union Law Minister
bthe Advocate-General of the State
cthe Chief Justice of the High Court (in the case of appointment of a Judge other than the Chief Justice)
dthe Chief Minister of the State
Answer: C
Under Article 217(1), a Judge of a High Court is appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
The 'Right to Education' for children of the age of six to fourteen years, as a fundamental right under Article 21A, was inserted into the Constitution by:
aThe 86th Amendment Act, 2002
bThe 93rd Amendment Act, 2005
cThe 42nd Amendment Act, 1976
dThe 44th Amendment Act, 1978
Answer: A
The 86th Amendment Act, 2002 inserted Article 21A making free and compulsory education for children aged six to fourteen years a fundamental right.
Under Article 233 of the Constitution of India, the appointment of district judges in a State is made by:
athe Chief Justice of India in consultation with the Governor
bthe High Court alone, without reference to the Governor
cthe Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State
dthe President of India on the recommendation of the State Public Service Commission
Answer: C
Article 233(1) provides that appointments, posting and promotion of district judges in a State are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than:
athree years
bseven years
cten years
dfive years
Answer: B
Under Article 233(2), such a person is eligible only if he has been for not less than seven years an advocate or pleader and is recommended by the High Court for appointment.
Section 14 of the Limitation Act, 1963 provides for exclusion of time spent in:
aNegotiating an out-of-court settlement
bProsecuting with due diligence another civil proceeding, founded on the same matter, in a court unable to entertain it for defect of jurisdiction or other like cause
cObtaining sanction to sue the Government
dAwaiting decision of a higher appellate court
Answer: B
Section 14 excludes the period during which the plaintiff was bona fide and with due diligence prosecuting another proceeding on the same cause of action in a court that lacked jurisdiction or was otherwise unable to entertain it.
For a fresh period of limitation to be computed under Section 18 of the Limitation Act, 1963 on the basis of an acknowledgment of liability, the acknowledgment must be:
aOral and made after the prescribed period has expired
bIn writing, signed by the party against whom the right is claimed, and made before the expiration of the prescribed period
cAccompanied by part-payment of the debt
dMade in the presence of a registering officer at any time
Answer: B
Section 18 requires the acknowledgment of liability to be in writing and signed by the party (or his agent) and to be made before the expiry of the prescribed period; a fresh period then runs from the date of acknowledgment.
Section 21 of the Limitation Act, 1963 deals with which of the following situations?
aEffect of acknowledgment in writing
bEffect of payment on account of debt or interest
cEffect of substituting or adding a new plaintiff or defendant
dEffect of fraud or mistake
Answer: C
Section 21 provides that where a new plaintiff or defendant is substituted or added, the suit, as regards him, is deemed instituted when he was so made a party (unless the court is satisfied the omission was due to a bona fide mistake).
Under Section 142(1)(a) of the Negotiable Instruments Act, 1881, a court can take cognizance of an offence under Section 138 only:
aOn a police report following investigation of a cognizable offence
bSuo motu, on receipt of the dishonour memo from the bank
cUpon a complaint in writing made by the payee or, as the case may be, the holder in due course of the cheque
dOn an oral complaint made by any person aggrieved
Answer: C
Section 142(1)(a) provides that cognizance of an offence under Section 138 shall be taken only upon a complaint in writing made by the payee or, as the case may be, the holder in due course of the cheque.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, within what period after receiving information from the bank regarding dishonour of the cheque must the payee or holder in due course make a demand for payment by giving notice in writing to the drawer?
aWithin thirty days
bWithin fifteen days
cWithin forty-five days
dWithin one month from the date of drawing the cheque
Answer: A
Clause (b) of the proviso to Section 138 requires the payee/holder in due course to make a demand by giving notice in writing within thirty days of receipt of information of dishonour from the bank. The drawer is then given fifteen days from receipt of that notice to pay.
Under Section 31 of the Specific Relief Act, 1963, a person against whom a written instrument is void or voidable, who has reasonable apprehension that the instrument if left outstanding may cause him serious injury, may sue:
aFor specific performance of the instrument with modifications
bTo have it adjudged void or voidable and to have it cancelled, wholly or in part
cOnly for a declaration that the instrument is void, without any cancellation
dFor a perpetual injunction restraining its registration only
Answer: B
Section 31 permits a person who may suffer serious injury from a void or voidable written instrument left outstanding to sue to have it adjudged void or voidable and ordered to be cancelled, in whole or in part.
Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by:
aAn unregistered instrument in writing
bA registered instrument or delivery of possession at the lessor's option
cA registered instrument
dAn oral agreement accompanied by delivery of possession
Answer: C
Section 107 mandates that a lease from year to year, or exceeding one year, or reserving a yearly rent, be made only by a registered instrument; other leases may be made by a registered instrument or oral agreement accompanied by delivery of possession.
Under the Hindu Adoptions and Maintenance Act, 1956, a male Hindu of sound mind who is not a minor and who has a wife living:
ais wholly incapable of adopting so long as the wife is living
bmay adopt only with the prior permission of the District Court
cmay adopt freely without any consent of the wife
dshall not adopt except with the consent of his wife, unless she falls within the stated exceptions
Answer: D
Section 7 of the Hindu Adoptions and Maintenance Act, 1956 permits a male Hindu of sound mind who is not a minor to adopt, but where he has a wife living he shall not adopt except with her consent, unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind.
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