Gujarat Judiciary Mock Test 9 — Questions & Solutions
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Under the BNS, 2023, the definition of 'rape' is contained in Section 63 and the punishment for rape is provided in :
aSection 62
bSection 64
cSection 69
dSection 65
Answer: B
Section 63 BNS defines rape, while Section 64 prescribes the punishment (rigorous imprisonment of not less than ten years, extendable to life, and fine). Section 69 deals with sexual intercourse by deceitful means.
Under the Bharatiya Nyaya Sanhita, 2023, the doctrine of common intention — that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he had done it alone — is embodied in:
aSection 61
bSection 190
cSection 34
dSection 3(5)
Answer: D
The common-intention rule of the erstwhile Section 34 IPC is now contained in Section 3(5) of the BNS, within the general 'General Explanations' provision. Section 34 BNS instead deals with private defence.
A new offence, not separately defined in the old Penal Code, was introduced by the Bharatiya Nyaya Sanhita, 2023, to punish the theft of any movable property from a person by sudden or quick seizure. This offence of 'snatching' is contained in:
aSection 305
bSection 309
cSection 304
dSection 303
Answer: C
Section 304 BNS creates the new offence of snatching, where the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away movable property from a person. Section 303 deals with theft and Section 309 with robbery.
The punishment for murder under the Bharatiya Nyaya Sanhita, 2023 is provided in:
aSection 302
bSection 105
cSection 101
dSection 103
Answer: D
Section 101 BNS defines culpable homicide amounting to murder, while Section 103 BNS prescribes the punishment for murder, namely death or imprisonment for life and fine.
Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 — addressing 'mob lynching' — provides a distinct punishment when a murder is committed by a group of:
atwo or more persons on the ground of caste, race, community, sex, place of birth, language or personal belief
bseven or more persons forming an unlawful assembly
cfive or more persons on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground
dten or more persons acting with a common object
Answer: C
Section 103(2) BNS specifically targets lynching: where a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member is liable to death, imprisonment for life, or imprisonment of not less than seven years and fine.
The offence of rape is defined under the Bharatiya Nyaya Sanhita, 2023 in:
aSection 64
bSection 63
cSection 69
dSection 375
Answer: B
Section 63 BNS defines rape (corresponding to the old Section 375 IPC); Section 64 prescribes its punishment. Section 69 deals separately with sexual intercourse by deceitful means or false promise of marriage.
Under the Bharatiya Nyaya Sanhita, 2023, a man who, by deceitful means or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her (not amounting to rape) commits an offence punishable under:
aSection 64
bSection 69
cSection 67
dSection 85
Answer: B
Section 69 BNS is a new provision punishing sexual intercourse obtained by deceitful means or a false promise to marry, with imprisonment up to ten years and fine. 'Deceitful means' includes false promise of employment, promotion or marrying by suppressing identity.
For the first time, the Bharatiya Nyaya Sanhita, 2023 codifies 'organised crime' as a substantive offence. It is contained in:
aSection 109
bSection 111
cSection 113
dSection 152
Answer: B
Section 111 BNS introduces organised crime (covering activities such as kidnapping, extortion, land grabbing, contract killing, cyber-crime and human trafficking by a crime syndicate). Section 113 deals with terrorist acts.
The provision that replaced the offence of sedition and now penalises acts endangering the sovereignty, unity and integrity of India is found in the Bharatiya Nyaya Sanhita, 2023 at:
aSection 147
bSection 150
cSection 124A
dSection 152
Answer: D
Section 152 BNS — 'Act endangering sovereignty, unity and integrity of India' — replaces the old offence of sedition under Section 124A IPC, which has been omitted as a distinct sedition provision.
A, aged six years, in play picks up a valuable ring belonging to B and carries it away. Under the Bharatiya Nyaya Sanhita, 2023:
aA has committed no offence, as nothing is an offence which is done by a child under seven years of age
bA is guilty only if he understood the nature of the act
cA is guilty of theft as the act was voluntary
dA is liable for criminal breach of trust
Answer: A
Section 20 BNS provides that nothing is an offence which is done by a child under seven years of age. The maturity test under Section 21 applies only to children above seven and under twelve.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dowry death is dealt with in:
aSection 85
bSection 80
cSection 86
dSection 304B
Answer: B
Section 80 BNS reproduces the offence of dowry death (formerly Section 304B IPC). Sections 85 and 86 BNS deal with cruelty to a woman by her husband or his relatives.
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times of itself?
a24 years
b32 years
c16 years
d12 years
Answer: A
If the principal doubles in 8 years, the interest equals the principal in 8 years (rate 12.5% p.a.). To become four times, the interest must equal thrice the principal, requiring 3 x 8 = 24 years.
Q13English / Aptitude
He was asked to ____ the offer, but he refused to give it up. (Fill in the blank with the correct phrasal verb)
aturn down
bdo away with
chold on to
dfall back on
Answer: C
Since he refused to give it up, the sense required is to keep or retain; 'hold on to' means to keep or retain something, fitting the context.
Q14English / Aptitude
In a certain code, MONDAY is written as NPOEBZ. How is FRIDAY written in that code?
aGSIEAZ
bGSJEBZ
cGSJEAY
dGTJEBZ
Answer: B
Each letter is shifted one place forward in the alphabet (M to N, O to P, etc.). Applying the same to FRIDAY gives GSJEBZ.
Q15English / Aptitude
Pointing to a photograph, a woman said, "He is the only son of the mother of my father." How is the man in the photograph related to the woman?
aUncle
bFather
cCousin
dBrother
Answer: B
The only son of the mother of the woman's father is the father's brother only if there were others, but as the 'only son' he is the woman's father himself.
Q16English / Aptitude
Choose the word that is the ODD ONE OUT: Garrulous, Taciturn, Loquacious, Voluble.
aGarrulous
bVoluble
cTaciturn
dLoquacious
Answer: C
Garrulous, loquacious and voluble all mean talkative, whereas taciturn means reserved or saying little, so it is the odd one out.
aNeither the judge nor the lawyers were ready, so the hearing was adjourned.
bNeither the judge, nor the lawyers were ready so the hearing was adjourned.
cNeither the judge nor the lawyers, were ready, so the hearing was adjourned.
dNeither the judge nor the lawyers were ready so, the hearing was adjourned.
Answer: A
No comma is needed within the 'neither...nor' construction, and a comma correctly precedes the coordinating conjunction 'so' joining two independent clauses.
The Great Rann of Kutch in Gujarat, famous for the Rann Utsav, is best described as the world's largest:
aSalt marsh
bMangrove forest
cCoral reef
dFreshwater lake
Answer: A
The Great Rann of Kutch is the world's largest salt marsh, turning into a white salt desert after the monsoon waters recede, and is the venue of the annual Rann Utsav.
Who is the current President of India (as of 2026)?
aRam Nath Kovind
bDroupadi Murmu
cJagdeep Dhankhar
dPratibha Patil
Answer: B
Droupadi Murmu is the 15th and current President of India, having assumed office on 25 July 2022; she is the first person from a tribal community to hold the post.
The Sabarmati Riverfront project has been developed along the banks of the Sabarmati river in which city?
aGandhinagar
bSurat
cAhmedabad
dVadodara
Answer: C
The Sabarmati flows through Ahmedabad, where its banks have been developed as the Sabarmati Riverfront, a major urban recreational and cultural project.
If in a certain code 'COURT' is written as 'DPVSU', then how is 'JUDGE' written in the same code?
aKVFHF
bIVCFD
cKWEHF
dKVEHF
Answer: D
Each letter is shifted one place forward in the alphabet (C to D, O to P, and so on), so J to K, U to V, D to E, G to H, E to F gives KVEHF.
Q30General Knowledge / Current Affairs
Choose the option that correctly fills the blank: "The accused, along with his accomplices, ______ been remanded to judicial custody."
ahaving
bhave
chas
dare
Answer: C
The subject is the singular noun 'accused'; the phrase 'along with his accomplices' does not change the number, so the singular verb 'has' is correct.
Q31General Knowledge / Current Affairs
Complete the number series: 3, 4, 7, 11, 18, 29, ____
a45
b47
c39
d40
Answer: B
Each term is the sum of the previous two terms (11+18=29, and 18+29=47), so the next term is 47.
Q32General Knowledge / Current Affairs
The principal seat of the High Court of Gujarat is presently located at:
aVadodara
bNavrangpura, Ahmedabad
cGandhinagar
dSola, Ahmedabad
Answer: D
Since 16 January 1999 the Gujarat High Court has functioned from its building on the Sarkhej-Gandhinagar Highway at Sola, Ahmedabad, having earlier sat near Navrangpura.
The Statue of Unity, the world's tallest statue dedicated to Sardar Vallabhbhai Patel, stands at a height of 182 metres and is located in which district of Gujarat?
aBharuch
bSurat
cNarmada
dVadodara
Answer: C
The 182-metre Statue of Unity is situated at Kevadia near the Sardar Sarovar Dam on the Narmada river, in the Narmada district of Gujarat.
Where an appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, the bar on any further appeal notwithstanding anything in the Letters Patent is contained in:
aSection 104
bSection 100
cSection 105
dSection 100A
Answer: D
Section 100A provides that where a single Judge of a High Court decides such an appeal, no further appeal shall lie, notwithstanding anything in any Letters Patent.
The revisional power of the High Court to call for the record of a case decided by a subordinate court that has exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, is conferred by:
aSection 113
bSection 115
cSection 114
dSection 151
Answer: B
Section 115 confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts; it is supervisory and not a re-hearing on merits.
The right of a person claiming a right to appear before the Court on the hearing of an application, to lodge a caveat so that he is given notice before any order is passed, is provided under:
aSection 148
bSection 151
cSection 148A
dSection 153A
Answer: C
Section 148A entitles a person to lodge a caveat; the Court must serve notice on the caveator before passing any order on the application, preventing an ex parte order against him.
The provision preserving 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 is:
aSection 151
bSection 149
cSection 148
dSection 152
Answer: A
Section 151 saves the inherent powers of the Court to make orders necessary for the ends of justice or to prevent abuse of the process of the Court.
On the variation or reversal of a decree, the application by which the party is restored to the position he occupied before the erroneous decree is dealt with under which section of the Code of Civil Procedure, 1908?
aSection 141
bSection 146
cSection 144
dSection 151
Answer: C
Section 144 provides for restitution, ensuring a party is restored to its earlier position where a decree is varied or reversed, so that no party suffers from the court's erroneous order.
The general power to transfer or withdraw any suit, appeal or other proceeding pending in a subordinate court, exercisable at any stage, is vested by Section 24 of the Code of Civil Procedure, 1908 in:
aOnly the High Court
bThe High Court or the District Court
cAny Court of Small Causes
dOnly the Supreme Court
Answer: B
Section 24 empowers the High Court or the District Court, at any stage, to transfer or withdraw any suit, appeal or other proceeding pending in a court subordinate to it.
Where, within the time limited by law, no application is made for substitution of the legal representatives of a deceased defendant, the consequence is governed by which provision of the Code of Civil Procedure, 1908?
aOrder 22, Rule 4
bOrder 22, Rule 9
cOrder 21, Rule 16
dOrder 22, Rule 3
Answer: A
Order 22 Rule 4 deals with the death of a defendant; if no application for substitution of his legal representatives is made within the time allowed, the suit abates as against the deceased defendant.
In a suit for recovery of money, the particulars of a set-off claimed by the defendant for an ascertained sum legally recoverable from the plaintiff are to be presented in the written statement under:
aOrder 8, Rule 6
bOrder 8, Rule 9
cOrder 6, Rule 17
dOrder 8, Rule 1
Answer: A
Order 8 Rule 6 governs legal set-off, requiring the defendant to present, in the written statement, the particulars of an ascertained sum legally recoverable from the plaintiff.
The power of the Court to permit either party to alter or amend his pleadings at any stage, subject to the proviso that no amendment shall be allowed after trial has commenced unless the party could not have raised the matter earlier despite due diligence, is found in:
aOrder 6, Rule 16
bOrder 7, Rule 11
cOrder 6, Rule 17
dOrder 8, Rule 9
Answer: C
Order 6 Rule 17 permits amendment of pleadings at any stage; the proviso bars amendment after the trial has commenced unless, despite due diligence, the party could not have raised the matter before.
Where a plaint does not disclose a cause of action, or the suit appears from the statement in the plaint to be barred by any law, the plaint is liable to be rejected under:
aOrder 7, Rule 10
bOrder 6, Rule 16
cOrder 9, Rule 8
dOrder 7, Rule 11
Answer: D
Order 7 Rule 11 enumerates the grounds for rejection of a plaint, including where it discloses no cause of action or where the suit appears from the plaint to be barred by any law.
Which file extension is most commonly associated with a Microsoft Excel spreadsheet workbook ?
a.xlsx
b.txt
c.pptx
d.docx
Answer: A
The .xlsx extension is used for Microsoft Excel workbooks; .docx is for Word documents, .pptx for PowerPoint presentations and .txt for plain text files.
In a computer network, a 'firewall' is primarily used to :
aphysically cool the computer's hardware
bmonitor and control incoming and outgoing network traffic for security
cback up data automatically to the cloud
dincrease the processor's clock speed
Answer: B
A firewall is a network security device or software that monitors and filters incoming and outgoing traffic based on predefined security rules to protect a system from unauthorised access.
The brain of the computer, which performs arithmetic and logical operations and controls all other units, is the :
aMotherboard
bRandom Access Memory
cHard Disk Drive
dCentral Processing Unit
Answer: D
The Central Processing Unit (CPU), often called the brain of the computer, carries out arithmetic and logical operations and coordinates the activities of all other components.
Which of the following is a search engine widely used to find information on the World Wide Web ?
aOracle
bWindows
cGmail
dGoogle
Answer: D
Google is a web search engine used to locate information on the World Wide Web; Gmail is an email service, Windows is an operating system and Oracle is a database company.
In computer terminology, the abbreviation 'ASCII' stands for :
aAmerican System Code for Information Integration
bAmerican Standard Code for Information Interchange
cAmerican Software Code for Internet Interchange
dAutomatic Standard Code for Information Interface
Answer: B
ASCII expands to American Standard Code for Information Interchange, a character-encoding standard that originally used 7 bits to represent 128 characters.
The provision for anticipatory bail — direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence — is contained under which section of the BNSS?
aSection 482
bSection 438
cSection 483
dSection 480
Answer: A
Section 482 BNSS provides for anticipatory bail (corresponding to old Section 438 CrPC), empowering the High Court or Court of Session to direct release on bail in the event of arrest.
Under Section 193 of the BNSS, on completion of investigation the officer in charge of the police station must forward the police report (charge-sheet) to which authority?
aA Magistrate empowered to take cognizance of the offence
bThe Court of Session directly
cThe Public Prosecutor
dThe Director General of Police
Answer: A
Section 193 BNSS (corresponding to old Section 173 CrPC) requires the report on completion of investigation to be forwarded to a Magistrate empowered to take cognizance of the offence on a police report.
Which of the following best states the position under the BNSS regarding the use of electronic means for trials, inquiries and proceedings?
aElectronic proceedings are permitted only with the consent of the accused in every case
bAll trials, inquiries and proceedings may be held in electronic mode by use of electronic communication or audio-video electronic means under Section 530
cIt is wholly prohibited except for recording dying declarations
dOnly bail applications may be heard electronically
Answer: B
Section 530 BNSS provides that all trials, inquiries and proceedings, including issue, service and execution of summons and warrants, examination of witnesses, etc., may be held in electronic mode by use of electronic communication or audio-video electronic means.
Under Section 176(3) of the BNSS, in the investigation of an offence punishable with imprisonment for seven years or more, it is mandatory for which expert to visit the crime scene to collect forensic evidence?
aA registered medical practitioner
bA Deputy Superintendent of Police
cA forensic expert
dA judicial Magistrate
Answer: C
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process where the offence is punishable with imprisonment of seven years or more.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a Magistrate of the first class to order a person having sufficient means to provide a monthly allowance for the maintenance of his wife, children or parents who are unable to maintain themselves is contained in :
aSection 125
bSection 145
cSection 128
dSection 144
Answer: D
Section 144 of the BNSS, 2023 (corresponding to the erstwhile Section 125 CrPC) provides for the order for maintenance of wives, children and parents.
Under the BNSS, 2023, registration of a First Information Report on information relating to the commission of a cognizable offence is governed by :
aSection 154
bSection 173
cSection 176
dSection 175
Answer: B
Section 173 of the BNSS, 2023 deals with information in cognizable cases (the FIR), replacing Section 154 of the old CrPC, and notably permits registration of a 'zero FIR' irrespective of territorial jurisdiction.
Under Section 187 of the BNSS, 2023, in respect of an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, the total period of detention otherwise than in the custody of the police authorised by the Magistrate during investigation cannot exceed :
aOne hundred and eighty days
bNinety days
cSixty days
dSeventy-five days
Answer: B
Under Section 187 of the BNSS, the Magistrate may authorise detention up to ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years; on expiry the accused is entitled to default (statutory) bail.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is found in:
aSection 139
bSection 138
cSection 141
dSection 134
Answer: A
Section 139 of the BSA, 2023 (old Section 134, IEA) provides that no particular number of witnesses is required for proof of any fact.
Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question, which may not, if objected to, be asked in examination-in-chief except with the Court's permission. Under the Bharatiya Sakshya Adhiniyam, 2023, this is dealt with in:
aSection 148
bSection 143
cSection 146
dSection 145
Answer: C
Section 146 of the BSA, 2023 (old Section 141, IEA) defines and regulates leading questions.
Under the Bharatiya Sakshya Adhiniyam, 2023, in a prosecution for a sexual offence where the question of consent is in issue, evidence of the victim's previous sexual experience with any person shall not be relevant on the issue of consent. This bar is contained in:
aSection 47
bSection 46
cSection 48
dSection 50
Answer: C
Section 48 of the BSA, 2023 (old Section 53A, IEA) makes the victim's character or previous sexual experience irrelevant on the issue of consent in specified sexual offences.
The principle of res gestae, by which facts so connected with a fact in issue as to form part of the same transaction are relevant, is embodied in which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 14
bSection 8
cSection 4
dSection 6
Answer: C
Section 4 of the BSA, 2023 (corresponding to the old Section 6 of the Indian Evidence Act) makes relevant facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction. This is the statutory basis for res gestae.
Under the Bharatiya Sakshya Adhiniyam, 2023, where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of the information as relates distinctly to the fact thereby discovered may be proved. This proviso appears in:
aSection 25
bSection 23
cSection 22
dSection 24
Answer: B
Section 23 of the BSA, 2023 bars proof of confessions made to a police officer (sub-section (1)) or while in police custody (sub-section (2)), but the proviso to Section 23(2) (corresponding to old Section 27 of the Indian Evidence Act, 1872) permits proof of so much of the information as distinctly relates to the fact discovered.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (commonly called a dying declaration), is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 26
bSection 25
cSection 24
dSection 32
Answer: A
Section 26 of the BSA, 2023 (corresponding to old Section 32 of the Evidence Act) makes relevant statements of persons who are dead, cannot be found or are otherwise incapable of testifying, including statements as to the cause of death, which embodies the dying declaration.
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 therein are relevant. Such persons (experts) are dealt with under:
aSection 45 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 47 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 51 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 39 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 39 of the BSA, 2023 (corresponding to old Section 45 of the Evidence Act) makes the opinions of experts on foreign law, science, art, handwriting and finger impressions relevant facts.
Under the Gujarat Freedom of Religion Act, 2003, a person intending to convert another from one religion to another by performing or taking part in a conversion ceremony is required to obtain prior permission from the:
aRegistrar of Religious Endowments
bDistrict Magistrate of the area concerned
cDirector General of Police
dState Government
Answer: B
The Gujarat Freedom of Religion Act, 2003 requires prior permission of the District Magistrate concerned before performing or participating in a conversion from one religion to another.
Under the Gujarat Court-Fees Act, 2004, the fee payable on a memorandum of appeal is computed on the amount at which the relief is valued in the memorandum of appeal at the rate of:
aten per cent of the decretal amount
bone-fourth of the ad valorem fee in every case
cthe full ad valorem fee under Article 1 of Schedule I
da fixed fee irrespective of the amount in dispute
Answer: C
Under the Gujarat Court-Fees Act, 2004 the fee on a memorandum of appeal is the full ad valorem fee on the value of the relief claimed, computed per the scale in Article 1 of Schedule I.
Where death of a person results from the consumption of "laththa", Section 65A of the Gujarat Prohibition Act, 1949 provides that the person who manufactured, sold, distributed or arranged it for drinking shall, on conviction, be punished with:
adeath or imprisonment for life, and fine
bsimple imprisonment which may extend to one year
cimprisonment up to two years and fine only
drigorous imprisonment up to seven years only
Answer: A
Where laththa causes death, Section 65A provides for the punishment of death or imprisonment for life, together with fine, for the person who manufactured, sold, distributed or arranged it.
Under the Gujarat Police Act, 1951, the power to remove a person who has been convicted of certain offences (such as those under specified chapters of the penal law or under specified Acts) from a local area is exercisable under:
aSection 55
bSection 60
cSection 57
dSection 56
Answer: C
Section 57 of the Gujarat Police Act, 1951 deals with removal/externment of persons convicted of certain offences, as distinct from Section 56 which addresses persons about to commit offences.
Under Section 65A of the Gujarat Prohibition Act, 1949, where the consumption of "laththa" results in the death of any person, the person who manufactured, kept, sold or distributed it is liable to be punished, on conviction, with:
aimprisonment which may extend to ten years and fine
bimprisonment for not less than seven years extending to ten years and fine
cimprisonment for life and fine only
ddeath or imprisonment for life and also fine
Answer: D
Section 65A of the Gujarat Prohibition Act, 1949 (as amended) provides that where death of any person is caused by consumption of laththa, the offender shall on conviction be punished with death or imprisonment for life and shall also be liable to fine. The ordinary punishment for laththa offences (not less than seven years up to ten years) applies only where no death results.
"Laththa" as defined under the Gujarat Prohibition Act, 1949 means spurious liquor containing which of the following substances?
aMethanol (methyl alcohol) or any other poisonous substance
bToddy or fermented palm juice
cEthanol or rectified spirit
dDenatured spirit or hemp extract
Answer: A
Under the Gujarat Prohibition Act, 1949, "laththa" means spurious liquor which contains methanol (methyl alcohol) or any other poisonous substance which may cause injurious effect on the human body or death of a person.
When a Prohibition Officer or Police Officer seizes an article liable to confiscation under the Gujarat Prohibition Act, 1949 which is not required as evidence, under Section 132(b) read with Section 98 the article is to be forwarded to which authority for confiscation proceedings?
aThe trial Magistrate
bThe Sessions Judge
cThe State Excise Commissioner
dThe Collector
Answer: D
Under Section 132(b) of the Gujarat Prohibition Act, 1949 the seized article not required as evidence is forwarded to the Collector, who exercises the power of confiscation under Section 98; the Supreme Court (2024) has clarified that seizure and confiscation operate in different fields and the trial court may deal with custody under Section 451 CrPC/BNSS.
Under Section 56 of the Indian Contract Act, 1872, an agreement to do an act which is impossible in itself is:
aVoidable at the option of the promisee
bValid but unenforceable
cVoidable at the option of the promisor
dVoid
Answer: D
The first paragraph of Section 56 lays down that an agreement to do an act impossible in itself is void. The later paragraphs deal with supervening impossibility rendering a contract void when the act afterwards becomes impossible or unlawful.
Which section of the Indian Contract Act, 1872, provides for a claim for necessaries supplied to a person incapable of contracting, or to anyone whom he is legally bound to support?
aSection 72
bSection 65
cSection 70
dSection 68
Answer: D
Section 68 entitles the supplier of necessaries to a person incapable of contracting (such as a minor or lunatic) to be reimbursed from the property of such incapable person. The liability is not personal but limited to his estate.
Under Section 74 of the Indian Contract Act, 1872, where a contract names a sum to be paid in case of breach by way of penalty, the aggrieved party is entitled to receive:
aThe whole stipulated sum irrespective of actual loss
bOnly the actual loss proved, the named sum being wholly disregarded
cReasonable compensation not exceeding the sum named, whether or not actual damage is proved
dDouble the stipulated sum as exemplary damages
Answer: C
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the amount named or the penalty stipulated, whether or not actual damage or loss is proved. It dispenses with proof of exact loss but caps recovery at the stipulated sum.
A servant, sent to trace a missing boy before any reward was announced, finds and returns him without knowledge of a subsequently announced reward. On these facts, following Lalman Shukla v. Gauri Dutt, he is:
aEntitled to the reward as he performed the condition
bEntitled to the reward only if he later ratifies the acceptance
cEntitled to half the reward on quantum meruit
dNot entitled, as an offer must be communicated and accepted with knowledge of it
Answer: D
In Lalman Shukla v. Gauri Dutt (1913), it was held that there can be no acceptance without knowledge of the offer; an act done in ignorance of the proposal is no acceptance. Hence the servant could not claim the reward.
Section 124 of the Indian Contract Act, 1872, defines a contract of indemnity as one by which one party promises to save the other from loss caused to him:
aBy the conduct of the promisor himself or by the conduct of any other person
bOnly by the conduct of the promisor himself
cBy any cause whatsoever, including acts of God
dOnly by the default of a third person who is a principal debtor
Answer: A
Section 124 confines a contract of indemnity to loss caused by the conduct of the promisor himself or by the conduct of any other person. Loss arising from accidents and events not depending on human conduct is outside the statutory definition.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the:
aCreditor
bPrincipal debtor
cSurety
dIndemnifier
Answer: B
Under Section 126, the person who gives the guarantee is the surety, the person to whom it is given is the creditor, and the person in respect of whose default the guarantee is given is the principal debtor.
The 44th Amendment Act, 1978 omitted Article 19(1)(f) and Article 31 from Part III and inserted Article 300A, making the right to property a constitutional/legal right rather than a fundamental right.
A resolution to impeach the President for violation of the Constitution under Article 61 must be passed by each House by a majority of not less than:
athree-fourths of the members present and voting
btwo-thirds of the total membership of the House
ctwo-thirds of the members present and voting
da simple majority of the total membership of the House
Answer: B
Article 61 requires that the impeachment resolution be passed by a majority of not less than two-thirds of the total membership of the House, after fourteen days' written notice signed by at least one-fourth of the total members.
Under Article 243E, every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for:
afive years from the date appointed for its first meeting and no longer
bsix years from the date of its constitution
cfive years from the date of dissolution of the previous Panchayat
dfour years from the date of the declaration of results
Answer: A
Article 243E(1) provides that every Panchayat shall continue for five years from the date appointed for its first meeting and no longer, unless sooner dissolved.
X obtains a contract from an authority whose seat is in New Delhi, but the entire cause of action arises within Gujarat. Under Article 226(2), a writ petition may be entertained by:
aonly the Supreme Court under Article 32
bany High Court chosen by the petitioner irrespective of where the cause of action arises
conly the Delhi High Court, since the seat of the authority is in Delhi
dthe Gujarat High Court, since the cause of action wholly or in part arises within its territories, notwithstanding that the seat of the authority is not within those territories
Answer: D
Article 226(2) confers jurisdiction on a High Court within whose territories the cause of action, wholly or in part, arises, even though the seat of the Government or authority is not within those territories.
The doctrine that on the determination of the limitation period for a suit for possession of property the right to such property itself is extinguished is contained in:
aSection 31 of the Limitation Act, 1963
bSection 27 of the Limitation Act, 1963
cSection 25 of the Limitation Act, 1963
dSection 22 of the Limitation Act, 1963
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy; on expiry of the period for a suit for possession, the owner's right to the property is itself extinguished.
Under the Schedule to the Limitation Act, 1963, the residuary Article 113, governing a suit for which no period of limitation is provided elsewhere, prescribes a period of:
aSix years
bTwelve years
cThree years
dOne year
Answer: C
Article 113 is the residuary article for suits, prescribing three years from the time when the right to sue accrues.
Article 137 of the Schedule to the Limitation Act, 1963, being the residuary article for applications for which no period is provided elsewhere, prescribes a limitation of:
aThree years
bThirty days
cTwelve years
dNinety days
Answer: A
Article 137 prescribes three years for any application for which no period of limitation is provided elsewhere in the Schedule, running from when the right to apply accrues.
A's cheque drawn in favour of B is returned unpaid for insufficiency of funds. B serves a proper statutory notice, and A fails to pay within fifteen days of its receipt. Within what time, and by whom, must a complaint be filed under Section 142 of the Negotiable Instruments Act, 1881 for the court to take cognizance of the offence under Section 138?
aWithin one month of the date on which the cause of action arises, by the payee or holder in due course, in writing
bWithin six months of dishonour, by any person aware of the dishonour, orally or in writing
cWithin ninety days of dishonour, by the drawee bank only
dWithin fifteen days of the notice, by the payee, in writing
Answer: A
Section 142(1) requires that cognizance of an offence under Section 138 be taken only on a written complaint made by the payee or holder in due course, within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138.
What is the presumption to be drawn under Section 139 of the Negotiable Instruments Act, 1881?
aThat the holder of the cheque received it for the discharge, in whole or in part, of any debt or other liability, unless the contrary is proved
bThat the cheque was presented within its period of validity
cThat the cheque was dishonoured only for insufficiency of funds
dThat the signature on the cheque is that of the drawer
Answer: A
Section 139 raises a rebuttable presumption that the holder of a cheque received it for the discharge, in whole or in part, of any debt or other liability; the burden of rebutting this presumption lies on the accused drawer.
A perpetual injunction restraining the breach of an obligation existing in favour of the plaintiff, whether expressly or by implication, is granted under which provision of the Specific Relief Act, 1963?
aSection 38
bSection 39
cSection 37(1)
dSection 36
Answer: A
Section 38 governs the grant of a perpetual injunction to prevent the breach of an obligation existing in favour of the plaintiff; Section 39 deals with mandatory injunctions and Section 37 distinguishes temporary and perpetual injunctions.
Under Section 122 of the Transfer of Property Act, 1882, for a gift to be valid, acceptance by the donee must be made:
aAt any time, acceptance being immaterial to a gift
bDuring the lifetime of the donor and while he is still capable of giving
cWithin a reasonable time after the donor's death
dOnly after registration of the gift deed is complete
Answer: B
Section 122 defines gift as the transfer of existing movable or immovable property made voluntarily and without consideration, which must be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male Hindu adopts a daughter (or a female adopts a son), the adoptive parent must be older than the child to be adopted by at least:
aten years
bfifteen years
ctwenty-one years
deighteen years
Answer: C
Section 11 of the Hindu Adoptions and Maintenance Act, 1956 requires that in an adoption of a child of the opposite sex, the adoptive parent must be at least twenty-one years older than the child being adopted.
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