Haryana Judiciary Mock Test 1 — Questions & Solutions
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Under Section 96(4) of the Code of Civil Procedure, 1908, in a suit of the nature cognizable by Courts of Small Causes, no appeal shall lie except on a question of law where the value of the subject-matter of the original suit does not exceed:
aRs. 1,000
bRs. 25,000
cRs. 10,000
dRs. 3,000
Answer: D
Section 96(4) bars an appeal, except on a question of law, from a decree in a suit of small-cause nature where the value of the original suit's subject-matter does not exceed three thousand rupees.
Under Order VI, Rule 17 of the CPC, an application to amend the pleadings after the commencement of trial shall be allowed only when the Court is satisfied that:
aThe opposite party has consented to the amendment
bThe amendment does not change the nature of the suit
cIn spite of due diligence the party could not have raised the matter before the commencement of trial
dCourt fee on the amended claim has been paid in advance
Answer: C
The proviso to Order VI Rule 17 (inserted by the 2002 Amendment) bars amendment after commencement of trial unless the Court concludes that, despite due diligence, the party could not have raised the matter before trial began.
A caveat lodged under Section 148-A of the CPC, if not otherwise vacated, shall remain in force for a period of:
a90 days from the date it was lodged
b30 days from the date it was lodged
c60 days from the date it was lodged
dUntil the disposal of the connected suit
Answer: A
Section 148-A(5) provides that a caveat shall remain in force for ninety days from the date on which it was lodged, unless an application referred to in sub-section (1) is made before its expiry.
Under Order XXI, Rule 89 of the CPC, where immovable property has been sold in execution of a decree, a person claiming an interest in the property may apply to set aside the sale on depositing, in addition to the proclamation amount, a sum payable to the auction-purchaser equal to:
aTwenty-five per cent of the purchase-money
bFive per cent of the purchase-money
cTen per cent of the purchase-money
dTwo per cent of the purchase-money
Answer: B
Order XXI Rule 89 requires deposit for payment to the purchaser of a sum equal to five per cent of the purchase-money, besides the amount specified in the proclamation of sale for the decree-holder.
Section 100A of the CPC provides that where an appeal from an original or appellate decree or order has been heard and decided by a Single Judge of a High Court:
aA review alone is available before the Division Bench
bA further appeal shall lie to a Division Bench under the Letters Patent
cA further appeal lies only on a substantial question of law
dNo further appeal shall lie from the judgment of such Single Judge
Answer: D
Section 100A bars any further (Letters Patent) appeal where a Single Judge of a High Court has heard and decided an appeal from an original or appellate decree or order.
Under the proviso to Order VIII, Rule 1 of the CPC, the maximum period up to which a Court may extend time for filing the written statement beyond the ordinary thirty days from service of summons is:
a45 days
b60 days
c120 days
d90 days
Answer: D
Order VIII Rule 1 requires the written statement within thirty days of service of summons; the proviso permits extension for reasons to be recorded but not later than ninety days from the date of service.
Where one of several defendants dies and the right to sue does not survive against the surviving defendants alone, and no application to bring the legal representatives of the deceased on record is made within the time limited by law, the consequence under Order XXII, Rule 4 of the CPC is that:
aThe suit abates as against the deceased defendant
bThe suit continues against all defendants as if no death had occurred
cThe whole suit stands dismissed for default
dThe Court must appoint a guardian for the deceased's estate
Answer: A
Under Order XXII Rule 4, if no application for substitution of the legal representatives is made within the prescribed period, the suit abates as against the deceased defendant.
A 'decree' as defined in Section 2(2) of the CPC is the formal expression of an adjudication which conclusively determines the rights of the parties. Such a decree:
aMay be either preliminary or final
bIncludes any order of dismissal for default
cCan only be final and never preliminary
dIs always interlocutory in nature
Answer: A
Section 2(2) defines a decree as the formal expression of an adjudication conclusively determining the rights of the parties in controversy, and it may be either preliminary or final.
For the doctrine of res judicata under Section 11 of the CPC to operate, which of the following is NOT an essential condition?
aThe parties litigated under the same title in both suits
bThe plaintiff in the subsequent suit had specifically pleaded the bar
cThe former suit was decided by a Court of competent jurisdiction
dThe matter in issue was directly and substantially in issue in the former suit
Answer: B
Res judicata under Section 11 requires the matter to have been directly and substantially in issue between the same parties under the same title, finally decided by a competent court; it operates as a bar regardless of pleading, as it goes to jurisdiction to try the issue afresh.
A suit by an indigent person is governed by Order XXXIII of the CPC. A person is an 'indigent person' if he is not possessed of sufficient means to pay the prescribed court fee, excluding from the computation:
aOnly the subject-matter of the suit
bHis ancestral immovable property in all cases
cProperty exempt from attachment in execution and the subject-matter of the suit
dOnly property exempt from attachment
Answer: C
Under Order XXXIII Rule 1, in determining indigency the property exempt from attachment in execution of a decree and the subject-matter of the suit are excluded from the means available to pay the court fee.
Under Order XXIII, Rule 3 of the CPC, a lawful agreement or compromise on the basis of which a suit may be adjusted by the Court must be:
aIn writing and signed by the parties
bAttested by two witnesses, whether oral or written
cIn writing but need not be signed by the parties
dOral, provided it is recorded by the Court in its order
Answer: A
Order XXIII Rule 3 requires that a compromise or satisfaction on which a suit is adjusted be lawful and in writing and signed by the parties before the Court records it.
Under Order XXI, Rule 89 of the CPC, an applicant who has applied to set aside a sale by deposit cannot maintain that application if he has also applied to set aside the same sale under Order XXI, Rule 90, unless he:
aWithdraws the application made under Rule 90
bFurnishes security to the auction-purchaser
cDeposits an additional twenty-five per cent of the decretal amount
dObtains the leave of the appellate court
Answer: A
A person applying under Order XXI Rule 89 cannot simultaneously prosecute an application under Rule 90 to set aside the same sale unless the Rule 90 application is first withdrawn.
Under Order XXXIX, Rules 1 and 2 of the CPC, a temporary injunction may be granted by the Court to, inter alia:
aRestrain wasting, damaging, alienation, sale, removal or disposition of property in dispute in the suit
bDirect the police to take custody of the defendant
cAttach the personal earnings of a public servant
dOrder specific performance of a contract as a final relief
Answer: A
Order XXXIX Rules 1 and 2 empower the Court to grant a temporary injunction to stay and prevent wasting, damaging, alienation, sale, removal or disposition of, or dispossession from, property in dispute in the suit.
A caveat lodged under Section 148-A of the Code of Civil Procedure, unless an application referred to therein is made earlier, shall not remain in force after the expiry of
a60 days from the date on which it was lodged
b90 days from the date on which it was lodged
c180 days from the date on which it was lodged
d30 days from the date on which it was lodged
Answer: B
Section 148-A(5) CPC provides that a caveat shall remain in force for 90 days from the date on which it was lodged, unless the application in respect of which it was lodged is made before the expiry of that period.
A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court only where
athe case involves a mixed question of law and fact
bthe case involves a question of fact
cthe case involves a substantial question of law
dthe value of the subject-matter exceeds rupees one lakh
Answer: C
Section 100(1) CPC provides that a second appeal lies to the High Court from an appellate decree only if the High Court is satisfied that the case involves a substantial question of law, which the memorandum must precisely state and the court must formulate.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'murder' is defined in which Section?
aSection 105
bSection 100
cSection 103
dSection 101
Answer: D
Section 101 BNS defines murder, while Section 100 defines culpable homicide. Punishment for murder is in Section 103 and punishment for culpable homicide not amounting to murder is in Section 105.
A, whilst deprived of the power of self-control by grave and sudden provocation given by Z, kills Y, Z's child, who is present nearby. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of:
aCausing death by negligence under Section 106
bMurder, as Exception 1 to Section 101 does not protect the killing of a third person who gave no provocation
cCulpable homicide not amounting to murder under Exception 1 to Section 101
dNo offence, as he acted under grave and sudden provocation
Answer: B
Exception 1 to Section 101 BNS reduces murder to culpable homicide only where death is caused to the person who gave the provocation; killing an innocent third party (Y) who gave no provocation remains murder.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child:
aAbove seven but under twelve years of age in every case
bUnder seven years of age
cUnder fourteen years of age
dUnder twelve years of age in every case
Answer: B
Section 20 BNS provides absolute immunity (doli incapax) to a child under seven years; Section 21 gives qualified immunity to a child above seven and under twelve who has not attained sufficient maturity of understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the act of a child above seven and under twelve years of age who has not attained sufficient maturity of understanding is dealt with in:
aSection 21
bSection 23
cSection 20
dSection 22
Answer: A
Section 21 BNS exempts a child above seven and under twelve years who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct; Section 20 covers a child under seven and Section 22 covers unsoundness of mind.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death of the assailant in which of the following circumstances?
aAn assault with intention of committing theft of immovable property
bAn assault causing reasonable apprehension of grievous hurt only
cAn assault causing mere reasonable apprehension of simple hurt
dAn assault with reasonable apprehension that death will otherwise be the consequence of such assault
Answer: D
Section 38 BNS enumerates the situations in which the right of private defence of body extends to causing death, the first being an assault causing reasonable apprehension of death; mere apprehension of simple hurt is not enough.
Under the Bharatiya Nyaya Sanhita, 2023, the circumstances in which the right of private defence of property extends to voluntarily causing death are enumerated in:
aSection 40
bSection 41
cSection 39
dSection 38
Answer: B
Section 41 BNS lists the offences (robbery, house-breaking by night, mischief by fire on a dwelling, theft/mischief/house-trespass causing apprehension of death or grievous hurt) for which the right of private defence of property extends to causing death; Section 38 deals with defence of the body.
A intends to cause death of Z by giving him a fatal blow, but the blow misses Z and instead kills B, a bystander, whom A had no intention to harm. Under the Bharatiya Nyaya Sanhita, 2023, A's liability is governed by the principle in:
aSection 106
bSection 102
cSection 101
dSection 100
Answer: B
Section 102 BNS embodies the doctrine of transferred malice: where an act causes death of a person whose death was neither intended nor likely to be caused, the offender is liable as if the act had caused the death of the person actually intended.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal breach of trust' is defined in:
aSection 316
bSection 314
cSection 318
dSection 403
Answer: A
Section 316 BNS defines and provides for the punishment of criminal breach of trust (corresponding to Sections 405-409 IPC); Section 318 deals with cheating.
Under the Bharatiya Nyaya Sanhita, 2023, 'theft' is defined in Section 303 and the newly introduced offence of 'snatching' is defined in:
aSection 308
bSection 305
cSection 302
dSection 304
Answer: D
Section 304 BNS introduces 'snatching' as a distinct offence for the first time, where theft is committed by sudden, quick or forcible seizure or grabbing of movable property; theft generally is in Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, 'robbery' and 'dacoity' are defined respectively in:
aSection 310 and Section 311
bSection 309 and Section 310
cSection 390 and Section 391
dSection 308 and Section 309
Answer: B
Section 309 BNS defines robbery and Section 310 defines dacoity (which requires five or more persons conjointly committing or attempting robbery); extortion is dealt with in Section 308.
Under the Bharatiya Nyaya Sanhita, 2023, the definition of 'criminal conspiracy' is contained in:
aSection 48
bSection 120A
cSection 61
dSection 45
Answer: C
Section 61 BNS defines criminal conspiracy and provides for its punishment; abetment is dealt with in Sections 45-46. (Section 120A was the corresponding IPC provision.)
Under the Bharatiya Nyaya Sanhita, 2023, the general residuary provision for an attempt to commit an offence punishable with imprisonment for life or imprisonment, where no express provision is made for punishing such attempt, is:
aSection 62
bSection 511
cSection 110
dSection 61
Answer: A
Section 62 BNS is the residuary attempt provision (corresponding to Section 511 IPC), prescribing punishment up to one-half of the longest term provided for the offence where no specific punishment for the attempt is provided.
The legal maxim 'actus non facit reum nisi mens sit rea', which underlies the requirement of a guilty mind in the Bharatiya Nyaya Sanhita, 2023, means:
aAn act does not make a person guilty unless the mind is also guilty
bNo man can be a judge in his own cause
cThe act of the court shall prejudice no one
dIgnorance of the law is no excuse
Answer: A
The maxim means that there can be no crime without a guilty mind; the wrongful act (actus reus) must be accompanied by a guilty intention (mens rea). 'Ignorantia juris non excusat' is a different maxim.
Z attempts to pull A's nose. A, in the exercise of the right of private defence, lays hold of Z to prevent him doing so. Under the Bharatiya Nyaya Sanhita, 2023, on which section's general right of private defence of the body does A rely?
aSection 34
bSection 41
cSection 35
dSection 38
Answer: C
Section 35 BNS confers the general right of private defence of one's own body and that of any other person against any offence affecting the human body; Section 38 only enumerates when that right extends to causing death.
Under the Bharatiya Nyaya Sanhita, 2023, culpable homicide is NOT murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, provided the offender does not take undue advantage or act cruelly. This is incorporated as:
aException 1 to Section 101
bException 5 to Section 101
cException 2 to Section 101
dException 4 to Section 101
Answer: D
Exception 4 to Section 101 BNS covers death caused in a sudden fight in the heat of passion upon a sudden quarrel without premeditation and without taking undue advantage. Exception 1 is grave and sudden provocation and Exception 5 is death with consent of a person above eighteen years.
A new offence punishing murder by a group of five or more persons on the ground of race, caste, community, sex, place of birth, language or personal belief (commonly called 'mob lynching') is introduced for the first time in which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 101(1)
bSection 103(2)
cSection 117
dSection 304
Answer: B
Section 103(2) BNS for the first time creates a specific punishment for mob lynching, prescribing death or imprisonment for life and fine for each member of the group.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is deposed to as discovered in consequence of information received from a person accused of an offence and in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. This rule is contained in;
aSection 25
bSection 22
cSection 23
dSection 24
Answer: C
The 'fact discovered' rule is contained in the proviso to Section 23(2) of the BSA (successor to the old Section 27 IEA); among the options, Section 23 is therefore the correct section. It permits proof of so much of the information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered, even though given to a police officer while in custody. Section 25 BSA deals with admissions not being conclusive proof, not discovery.
A confession made by an accused person to a police officer is irrelevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by virtue of;
aSection 22
bSection 23
cSection 24
dSection 25
Answer: B
Section 23 of the BSA (specifically Section 23(1)) expressly bars proof of a confession made to a police officer against an accused. Section 23(2) deals with confessions made in police custody (provable only in the immediate presence of a Magistrate), and Section 22 with confessions caused by inducement, threat, coercion or promise from a person in authority.
The statement of a person, as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aOnly where the cause of that person's death comes into question
bOnly where the person making it was under an expectation of death
cOnly in criminal proceedings for murder or culpable homicide
dIn all proceedings whatever, whether or not the cause of his death comes into question
Answer: D
Under Section 26(a) of the BSA, a dying declaration is relevant in all proceedings in which the cause of that person's death comes into question, and Indian law does not require that the declarant be under expectation of death.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. Such persons are called experts under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in;
aSection 39
bSection 41
cSection 38
dSection 45
Answer: A
Section 39 of the BSA makes relevant the opinions of experts on points of foreign law, science, art, identity of handwriting and finger impressions; a point of Indian (domestic) law is not covered.
The fact that any 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 conclusive proof of his legitimacy under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), unless it is shown that;
aThe mother had committed adultery during the subsistence of the marriage
bThe parties to the marriage had no access to each other at any time when he could have been begotten
cA medical test establishes that the husband is not the father
dThe husband was impotent at the relevant time
Answer: B
Section 116 of the BSA raises a conclusive presumption of legitimacy from birth during marriage (or within 280 days of dissolution), rebuttable only by proof of non-access between the spouses when the child could have been begotten.
In a prosecution, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, or within any special exception or proviso, lies under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) upon;
aThe accused person
bThe prosecution
cNeither party, the Court presumes facts in favour of the accused
dWhichever party the Court directs
Answer: A
Section 108 of the BSA places the burden of proving the existence of circumstances bringing the case within a General Exception or special exception upon the accused, and the Court presumes the absence of such circumstances.
An accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. This is provided under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in;
aSection 138
bSection 124
cSection 132
dSection 139
Answer: A
Section 138 of the BSA declares an accomplice a competent witness and, as enacted, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the BSA substituted 'corroborated' for the word 'uncorroborated' used in the repealed Section 133 IEA). The rule of prudence requiring corroboration is reinforced by Illustration (b) to Section 119.
The illustration that the Court may presume that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession, is found under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in;
aSection 113
bSection 109
cSection 119, Illustration (b)
dSection 119, Illustration (a)
Answer: D
Illustration (a) to Section 119 of the BSA permits the Court to presume that a man in possession of stolen goods soon after the theft is the thief or a guilty receiver unless he accounts for his possession; Illustration (b) concerns the accomplice.
Where a document purporting to be thirty years old is produced from proper custody, the Court may presume that the signature and every other part of it which purports to be in the handwriting of a particular person is in that person's handwriting. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this presumption arises under;
aSection 81
bSection 92
cSection 119
dSection 87
Answer: B
Section 92 of the BSA permits the Court to presume due execution and authenticity of a document thirty years old produced from proper custody; the presumption is discretionary ('may presume').
Notwithstanding anything in the Bharatiya Sakshya Adhiniyam, 2023 (BSA), any information contained in an electronic record which is printed on paper or stored in optical or magnetic media or semiconductor memory produced by a computer or communication device shall be deemed to be a document and admissible without further proof of the original, subject to the conditions of;
aSection 58
bSection 62
cSection 63
dSection 57
Answer: C
Section 63 of the BSA governs admissibility of electronic records (the successor to Sections 65A and 65B of the repealed Act), with Section 63(4) requiring a certificate as a condition of admissibility.
Oral evidence must, in all cases whatever, be direct; that is, if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this requirement is laid down in;
aSection 56
bSection 58
cSection 55
dSection 54
Answer: C
Section 55 of the BSA embodies the rule that oral evidence must be direct, thereby excluding hearsay; Section 54 only states that facts may be proved by oral evidence except contents of documents and electronic records.
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, relating to matters in question, without such writing being shown to him; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts to be used for contradiction. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is in;
aSection 142
bSection 148
cSection 149
dSection 143
Answer: B
Section 148 of the BSA governs cross-examination as to previous statements in writing and requires that the witness's attention be drawn to the relevant parts before the writing is used to contradict him.
The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this power, relating to a witness who turns hostile, is conferred by;
aSection 157
bSection 140
cSection 145
dSection 158
Answer: A
Section 157 of the BSA empowers the Court to permit a party to put cross-examination questions to its own witness, the situation that arises when a witness is declared hostile.
All persons are competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by tender years, extreme old age, disease, or any other cause of the same kind. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the competency of witnesses is dealt with in;
aSection 124
bSection 139
cSection 126
dSection 125
Answer: A
Section 124 of the BSA lays down that all persons are competent to testify unless incapable of understanding questions or giving rational answers; mere tender years does not by itself render a child witness incompetent.
An admission is defined in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact. The definition of 'admission' is contained in;
aSection 29
bSection 16
cSection 19
dSection 15
Answer: D
Section 15 of the BSA defines 'admission'; Section 16 specifies persons whose statements amount to admissions, while Section 29 clarifies that admissions are not conclusive proof but may operate as estoppel.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the concept of a 'Zero FIR' — registration of information relating to a cognizable offence irrespective of the area where the offence is committed — is now given statutory recognition in;
aSection 154
bSection 190
cSection 175
dSection 173
Answer: D
Section 173 BNSS deals with information in cognizable cases and statutorily recognises the Zero FIR, allowing registration irrespective of jurisdiction; it corresponds to old Section 154 CrPC.
Where information is received of a cognizable offence punishable with imprisonment for three years or more but less than seven years, Section 173(3) BNSS permits the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry to ascertain a prima facie case. Such enquiry must be conducted within;
a21 days
b07 days
c30 days
d14 days
Answer: D
The proviso to Section 173(3) BNSS requires the preliminary enquiry, for offences punishable with three years or more but less than seven years, to be conducted within fourteen days.
The power of a police officer to arrest a person without a warrant in cognizable cases is now contained in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 43
bSection 35
cSection 41
dSection 50
Answer: B
Section 35 BNSS empowers a police officer to arrest without a warrant in the circumstances specified therein; it corresponds to old Section 41 CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who is below sixteen years of age, above sixty years of age, or who is infirm, accused of an offence punishable with imprisonment for less than three years, shall not be arrested without the prior permission of an officer not below the rank of;
aSub-Inspector
bSuperintendent of Police
cInspector
dDeputy Superintendent of Police
Answer: D
The proviso to Section 35(7) BNSS protects the elderly and infirm by requiring prior permission of an officer not below the rank of Deputy Superintendent of Police for such arrests.
Section 187 BNSS deals with the procedure when investigation cannot be completed within twenty-four hours. The total period of police custody of fifteen days may now be sought, in piecemeal or otherwise, within the first;
a15 days of detention
b24 hours of detention
c90 days of detention
dForty or sixty days as the case may be, of detention
Answer: D
Under Section 187 BNSS, the fifteen days of police custody need not be in one stretch and may be sought within the first forty or sixty days of the detention period (depending on the maximum punishment for the offence).
The report of a police officer on completion of investigation (the police report / charge-sheet), which must now also contain the sequence of custody in cases involving electronic devices, is forwarded to the Magistrate under;
aSection 210
bSection 190
cSection 173
dSection 193
Answer: D
Section 193 BNSS governs the report of a police officer on completion of investigation; it corresponds to old Section 173 CrPC and mandates inclusion of the sequence of custody.
A significant safeguard introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 is that in a complaint case no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard. This proviso appears in;
aSection 223
bSection 210
cSection 227
dSection 230
Answer: A
The proviso to Section 223(1) BNSS requires the Magistrate, before taking cognizance on a complaint, to give the accused an opportunity of being heard — a departure from old Section 200 CrPC.
The provision for inquiry, trial or judgment in absentia of a proclaimed offender — popularly called 'trial in absentia' — is a new feature of the Bharatiya Nagarik Suraksha Sanhita, 2023, contained in;
aSection 299
bSection 356
cSection 84
dSection 339
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arrest.
Under Section 356 BNSS, before commencing a trial in absentia against a proclaimed offender, the Court must issue two consecutive warrants of arrest within an interval of at least thirty days and the trial shall not commence until the expiry of how many days from the date of framing of the charge?
a180 days
b30 days
c60 days
d90 days
Answer: D
Section 356 BNSS provides that the trial in absentia shall not commence until ninety days have lapsed from the date of framing of the charge.
Under Section 479(1) BNSS, an undertrial prisoner (not charged with an offence punishable with death or life imprisonment) who is a first-time offender, having never been convicted before, shall be released on bond by the Court if he has undergone detention for a period extending up to;
aOne-third of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-fourth of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS provides that a first-time offender is to be released on bond on completing detention of up to one-third of the maximum period of imprisonment specified for the offence.
For an undertrial prisoner other than a first-time offender, charged with an offence not punishable with death or life imprisonment, Section 479 BNSS mandates release on bail on having undergone detention up to;
aOne-third of the maximum period of imprisonment specified for the offence
bTwo-thirds of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: D
Section 479(1) BNSS requires release on bail where an undertrial has undergone detention up to one-half of the maximum period of imprisonment specified for the offence (death or life imprisonment offences excepted).
The power to grant anticipatory bail — a direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence — is conferred upon the High Court and Court of Session by which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 483
bSection 482
cSection 480
dSection 438
Answer: B
Section 482 BNSS provides for anticipatory bail and corresponds to old Section 438 CrPC; it empowers the High Court and Court of Session to grant pre-arrest bail.
The inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice, are now saved by;
aSection 482
bSection 528
cSection 397
dSection 438
Answer: B
Section 528 BNSS saves the inherent powers of the High Court (power to quash FIRs and proceedings that are an abuse of process); it corresponds to old Section 482 CrPC.
The basic structure doctrine, holding that Parliament's amending power under Article 368 cannot be used to alter the basic structure of the Constitution, was propounded by the Supreme Court in;
aGolak Nath v. State of Punjab
bShankari Prasad v. Union of India
cMinerva Mills v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
The basic structure doctrine was laid down in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge Constitution Bench, holding that the amending power under Article 368 does not extend to altering the basic structure.
Under Article 61 of the Constitution, a resolution to prefer a charge for the impeachment of the President must be passed by a majority of not less than;
aTwo-thirds of the members present and voting
bTwo-thirds of the total membership of the House
cOne-half of the total membership of the House
dThree-fourths of the members present and voting
Answer: B
Article 61 requires the impeachment resolution to be passed by a majority of not less than two-thirds of the total membership of the House, after fourteen days' notice signed by not less than one-fourth of the total members.
The Tenth Schedule of the Constitution, containing provisions as to disqualification on the ground of defection, was added by the;
a52nd Amendment Act, 1985
b42nd Amendment Act, 1976
c44th Amendment Act, 1978
d61st Amendment Act, 1988
Answer: A
The Tenth Schedule (anti-defection law) was inserted by the Constitution (52nd Amendment) Act, 1985, which received Presidential assent on 15 February 1985.
That the decision of the Speaker/Chairman on a question of disqualification under the Tenth Schedule is subject to judicial review under Articles 32 and 226 was held in;
aRajendra Singh Rana v. Swami Prasad Maurya
bRavi S. Naik v. Union of India
cJagjit Singh v. State of Haryana
dKihoto Hollohan v. Zachillhu
Answer: D
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court struck down Paragraph 7 of the Tenth Schedule and held that the Speaker/Chairman's decision is subject to judicial review under Articles 32 and 226.
By virtue of Article 75(1A), inserted by the 91st Amendment, the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed;
a10 per cent of the total members of the House of the People
b20 per cent of the total members of the House of the People
c15 per cent of the total members of the House of the People
d12 per cent of the total members of the House of the People
Answer: C
Article 75(1A), inserted by the Constitution (91st Amendment) Act, 2003, caps the total number of Ministers including the Prime Minister at 15 per cent of the total strength of the Lok Sabha.
Under Article 164(1A), in a State the total number of Ministers, including the Chief Minister, shall not be less than;
aFifteen
bSix
cTen
dTwelve
Answer: D
The proviso to Article 164(1A), inserted by the 91st Amendment, provides that the number of Ministers including the Chief Minister in a State shall not be less than twelve.
If any question arises whether a Bill is a Money Bill or not under Article 110, the decision thereon of which of the following shall be final;
aThe Chairman of the Council of States
bThe Speaker of the House of the People
cThe President
dThe Attorney-General for India
Answer: B
Article 110(3) provides that if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final.
The Finance Commission is constituted by the President under Article 280 at the expiration of every;
aThird year
bFourth year
cSixth year
dFifth year
Answer: D
Under Article 280, the President constitutes a Finance Commission within two years from the commencement of the Constitution and thereafter at the expiration of every fifth year, or earlier if necessary.
The right to property was deleted from the list of Fundamental Rights and re-enacted as a constitutional right in Article 300A by the;
a44th Amendment Act, 1978
b42nd Amendment Act, 1976
c25th Amendment Act, 1971
d1st Amendment Act, 1951
Answer: A
The 44th Amendment Act, 1978 repealed Article 19(1)(f) and Article 31 and inserted Article 300A, making the right to property a constitutional/legal right rather than a fundamental right.
Under Article 226(2), a High Court may exercise its writ jurisdiction in relation to territories within which;
aOnly the registered office of the authority is situated
bThe cause of action, wholly or in part, arises, even if the authority is outside its territory
cThe authority is permanently located, irrespective of the cause of action
dThe petitioner ordinarily resides at the time of filing
Answer: B
Article 226(2) extends a High Court's writ jurisdiction to territories within which the cause of action wholly or in part arises, notwithstanding that the seat of the authority is outside those territories.
A Judge of the Supreme Court holds office, under Article 124, until he attains the age of;
aSixty-five years
bSeventy years
cSixty years
dSixty-two years
Answer: A
Under the proviso to Article 124(2), a Judge of the Supreme Court holds office until he attains the age of sixty-five years (a High Court Judge retires at sixty-two under Article 217).
Where the customary rites and ceremonies of a Hindu marriage include the saptapadi, at which point does the marriage become complete and binding under Section 7 of the Hindu Marriage Act, 1955?
aWhen the seventh step is taken before the sacred fire
bWhen the marriage is registered under Section 8
cWhen the kanyadaan is performed
dWhen the fifth step is taken before the sacred fire
Answer: A
Section 7(2) provides that where the rites include the saptapadi (taking of seven steps jointly by the bride and bridegroom before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
Under Section 3(1)(f) of the Hindu Marriage Act, 1955, the sapinda relationship extends, in the line of ascent, to how many generations through the mother and through the father (the person concerned being counted as the first generation)?
aThird generation through both the mother and the father
bFifth generation through the mother and third generation through the father
cThird generation through the mother and fifth generation through the father
dFifth generation through both the mother and the father
Answer: C
Section 3(1)(f) extends the sapinda relationship as far as the third generation (inclusive) in the line of ascent through the mother and the fifth (inclusive) in the line of ascent through the father.
A petition for divorce under Section 13(1A) of the Hindu Marriage Act, 1955 on the ground that conjugal rights have not been restored after a decree for restitution of conjugal rights may be presented when there has been no restitution for a period of at least:
aTwo years
bOne year
cSix months
dEighteen months
Answer: B
Section 13(1A)(ii) permits either party to seek divorce where there has been no restitution of conjugal rights for one year or upwards after the passing of a decree for restitution.
A Hindu male who is married wishes to take a son in adoption. Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, the consent of his living wife is dispensable only where she:
aIs residing separately from him
bHas completely and finally renounced the world, or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind
cRefuses without reasonable cause
dIs below twenty-one years of age
Answer: B
The proviso to Section 7 dispenses with the wife's consent only if she has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a competent court to be of unsound mind.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, when a Hindu male adopts a female child (or a Hindu female adopts a male child), the difference in age between the adoptive parent and the child being adopted must be at least:
aEighteen years
bTwenty-four years
cTwenty-one years
dFifteen years
Answer: C
Section 11(iii) and 11(iv) require that where the adoptive parent and the adopted child are of opposite sexes, the parent must be at least twenty-one years older than the child.
Under the Schedule to the Hindu Succession Act, 1956 (read with Section 8), in which class of heirs does the FATHER of a male Hindu dying intestate fall?
aCognate
bClass I
cClass II
dAgnate
Answer: C
The father is not a Class I heir; he is placed as Entry I of Class II in the Schedule, taking only when no Class I heir survives.
Section 21 of the Hindu Succession Act, 1956 lays down that where two persons have died in circumstances rendering it uncertain which survived the other, then, for purposes of succession to property, it shall be presumed (until the contrary is proved) that:
aThe elder survived the younger
bThe younger survived the elder
cBoth died simultaneously and neither inherits from the other
dThe male survived the female
Answer: B
Section 21 creates a rebuttable presumption that the younger survived the elder where the order of deaths is uncertain.
Property possessed by a female Hindu, whether acquired before or after the commencement of the Act, is held by her as full owner and not as a limited owner. This is provided by:
aSection 8 of the Hindu Succession Act, 1956
bSection 15 of the Hindu Succession Act, 1956
cSection 14 of the Hindu Succession Act, 1956
dSection 6 of the Hindu Succession Act, 1956
Answer: C
Section 14(1) converts the limited estate of a Hindu female into absolute ownership where the property is possessed by her, subject to the exception in Section 14(2) for restricted grants.
After the Hindu Succession (Amendment) Act, 2005, and as clarified in Vineeta Sharma v. Rakesh Sharma (2020), a daughter of a coparcener becomes a coparcener:
aOnly on a partition effected after 9 September 2005
bOnly if she was unmarried on 9 September 2005
cBy birth in her own right, irrespective of whether her father was alive on 9 September 2005
dOnly if her father was alive on 9 September 2005
Answer: C
Vineeta Sharma held that under amended Section 6 a daughter is a coparcener by birth in her own right, and the coparcenary right does not depend on the father being alive on the date the 2005 Amendment came into force.
A child of a marriage which is null and void under Section 11 of the Hindu Marriage Act, 1955 is, by virtue of Section 16:
aLegitimate, and entitled to inherit coparcenary property of the joint family equally with other coparceners
bIllegitimate and incapable of inheriting any property
cLegitimate only if the marriage was later declared void by a decree of court
dLegitimate, and entitled to inherit the property of its parents but not of any other relation
Answer: D
Section 16(1) deems such children legitimate whether or not a decree of nullity is granted, but Section 16(3) limits their inheritance to the property of their parents and not of any other person.
Under Section 9 of the Hindu Marriage Act, 1955, a decree for restitution of conjugal rights can be granted only where the withdrawal of one spouse from the society of the other is:
aFor a continuous period of two years
bWithout reasonable excuse
cAccompanied by cruelty
dCaused by conversion to another religion
Answer: B
Section 9 allows the aggrieved party to apply for restitution only when the other spouse has withdrawn from his or her society without reasonable excuse, the burden of proving reasonable excuse lying on the withdrawing party.
The Punjab and Haryana High Court, which exercises jurisdiction over Haryana, has its seat at:
aGurugram
bAmbala
cPanchkula
dChandigarh
Answer: D
The High Court of Punjab and Haryana is a common High Court for the States of Punjab and Haryana and the Union Territory of Chandigarh, with its seat at Chandigarh.
As on 2026, who holds the office of Chief Minister of Haryana?
aNayab Singh Saini
bBhupinder Singh Hooda
cManohar Lal Khattar
dAnil Vij
Answer: A
Nayab Singh Saini is the Chief Minister of Haryana; he was sworn in for a second term in October 2024 and presented the State's 2026-27 budget as Finance Minister.
A train leaves Chandigarh for Hisar at an average speed of 60 km/h and covers the distance in 4 hours. On the return journey it takes 5 hours. What is its average speed on the return journey?
a44 km/h
b50 km/h
c40 km/h
d48 km/h
Answer: D
Distance = 60 x 4 = 240 km; return speed = 240 / 5 = 48 km/h.
Q97Indian Contract Act
A makes a proposal to B by post. The communication of a proposal is complete, as against A, the proposer, at the moment when
athe letter of proposal is posted by A
bthe acceptance comes to the knowledge of A
cthe letter of proposal comes to the knowledge of B
dB posts his acceptance
Answer: C
Under Section 4 of the Indian Contract Act, 1872, the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made; it is the communication of acceptance that is complete as against the proposer when it is put in course of transmission.
A promises, for no consideration, to give to his daughter B a sum of money. The promise is reduced to writing and registered, being made on account of natural love and affection between near relatives. The agreement is
avalid only if the money is actually paid
bvoidable at the option of A
ca valid contract under the exception in Section 25
dvoid for want of consideration
Answer: C
Section 25(1) of the Indian Contract Act makes an agreement without consideration valid if it is in writing, registered, and made on account of natural love and affection between parties standing in a near relation to each other.
An agreement in restraint of the marriage of any person, other than a minor, is
avoidable at the option of the party restrained
bvalid if the restraint is partial and reasonable
cvoid under Section 26 of the Indian Contract Act
dvalid if supported by consideration
Answer: C
Section 26 of the Indian Contract Act declares every agreement in restraint of the marriage of any person, other than a minor, to be void; unlike English law, even a partial restraint is void.
X sells the goodwill of his business to Y and agrees not to carry on a similar business within specified local limits, so long as Y carries on a like business there. Such an agreement is
awholly void as being in restraint of trade
bvoid unless registered
cvoidable at the option of Y
dvalid as a recognised exception to Section 27 provided the limits are reasonable
Answer: D
The lone statutory exception to Section 27 (restraint of trade) permits a seller of goodwill to agree to refrain from carrying on a similar business within specified local limits, so long as the buyer carries on a like business, provided the limits are reasonable.
A agrees to pay B Rs. 1,000 if a certain ship returns within a year. The ship is burnt within the year. The contract
ais void ab initio
bis enforceable when the ship is burnt
cbecomes void when the ship is burnt
dremains contingent until the year expires
Answer: C
Under Section 32 of the Indian Contract Act, a contingent contract to do something on the happening of an uncertain future event becomes void when the happening of that event becomes impossible.
A minor not being competent to contract under Section 11, an agreement with a minor is void ab initio, as settled in Mohori Bibee v. Dharmodas Ghose (1903).
Under Section 4 of the Indian Partnership Act, 1932, 'partnership' is the relation between persons who have agreed to share;
aThe losses of a business carried on by all of them
bThe gross returns of a business carried on jointly
cThe capital of a business carried on by all of them
dThe profits of a business carried on by all or any of them acting for all
Answer: D
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; the agency element ('acting for all') is the true test.
The receipt by a person of a share of the profits of a business as remuneration for services rendered;
aConclusively makes him a partner in the firm
bOf itself makes him a partner unless the contrary is proved
cDoes not of itself make him a partner under the Explanation to Section 6
dMakes him a partner only if he also contributes capital
Answer: C
Under the Explanation to Section 6, receipt of a share of profits as remuneration for services (such as a servant or agent) does not of itself make the recipient a partner; sharing of profits is evidence but not conclusive proof of partnership.
Under Section 14 of the Indian Partnership Act, 1932, the property of the firm, subject to contract between the partners, includes;
aThe separate property of each partner acquired before partnership
bThe goodwill of the business
cOnly the immovable property purchased in the firm name
dOnly the capital originally brought into the stock of the firm
Answer: B
Section 14 expressly provides that, subject to contract between the partners, the property of the firm includes the goodwill of the business along with property brought into stock or acquired for the firm.
The authority of a partner to bind the firm by an act done to carry on, in the usual way, business of the kind carried on by the firm is known as;
aExpress authority under Section 18
bImplied authority under Section 19
cStatutory authority under Section 25
dOstensible authority under Section 22
Answer: B
Section 19 styles the authority of a partner to bind the firm by acts done in the usual way of the firm's business as his 'implied authority'; Section 18 makes a partner the agent of the firm for the purposes of its business.
Under Section 4 of the Sale of Goods Act, 1930, where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called;
aA sale
bAn agreement to sell
cA bailment
dA hire-purchase agreement
Answer: A
Section 4(3) provides that where the property in the goods is transferred from seller to buyer, the contract is a 'sale'; where transfer is to take place at a future time or subject to a condition, it is an 'agreement to sell'.
As defined in Section 2(7) of the Sale of Goods Act, 1930, 'goods' means every kind of movable property other than;
aActionable claims and money
bThings attached to or forming part of the land which are agreed to be severed before sale
cGrowing crops and grass
dStock and shares
Answer: A
Section 2(7) defines 'goods' as every kind of movable property other than actionable claims and money, and it expressly includes stock and shares, growing crops, grass and things attached to land agreed to be severed before sale.
Under Section 10 of the Sale of Goods Act, 1930, where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and such third party cannot or does not make such valuation, the agreement is;
aTo be completed by the court fixing the price
bThereby avoided
cEnforceable at a reasonable price
dVoidable at the option of the seller
Answer: B
Section 10(1) provides that if the third party cannot or does not make the valuation, the agreement is thereby avoided; but if goods have already been delivered to and appropriated by the buyer, he must pay a reasonable price.
Under the Limitation Act, 1963, a suit instituted after the period of limitation has expired shall be;
aKept pending until the defendant raises the plea of limitation
bReturned to the plaintiff for re-presentation within the period
cDismissed, although limitation has not been set up as a defence
dDecided on merits if the defendant does not plead limitation
Answer: C
Section 3 mandates that every suit, appeal or application made after the prescribed period shall be dismissed even though limitation has not been set up as a defence; the bar operates by the court's own duty.
Where the prescribed period for a suit expires on a day when the court is closed, the suit may be instituted;
aOn the last working day immediately preceding the closed day
bWithin fifteen days of the reopening of the court
cOnly with an application for condonation of delay under Section 5
dOn the day when the court reopens
Answer: D
Section 4 provides that when the period of limitation expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
The provision for extension of the prescribed period on showing 'sufficient cause' under Section 5 of the Limitation Act, 1963 is NOT available to;
aAn application under any provision of the CPC, 1908 except certain Orders
bAn application for leave to appeal
cA suit
dAn appeal
Answer: C
Section 5 permits extension of time only for appeals and applications (other than an application under Order XXI CPC); it has no application to suits, which must be filed within the prescribed period.
A is dispossessed of his agricultural land without his consent and otherwise than in due course of law. He files a suit under Section 6 of the Specific Relief Act, 1963 to recover possession. Within what period from the date of dispossession must such a suit be instituted?
aThree years
bSix months
cThree months
dOne year
Answer: B
Under Section 6(2)(a), a suit for possession by a dispossessed person must be brought within six months from the date of dispossession; this is a summary remedy that does not decide title.
Which of the following statements regarding a suit under Section 6 of the Specific Relief Act, 1963 is correct?
aNo appeal lies and no review is allowed from any order or decree passed in the suit
bSuch a suit may be brought against the Government
cAn appeal lies from a decree passed under the section but no review is allowed
dThe plaintiff must prove a subsisting title to the property
Answer: A
Section 6(3) bars both appeal and review from any order or decree under the section, and Section 6(4) preserves the right to file a regular title suit; under Section 6(2)(b) no such suit lies against the Government.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract under Section 10 is best described as:
aA purely discretionary relief depending on the court's equitable consideration
bAvailable only where compensation in money is an adequate relief
cA relief that shall be enforced, subject to the provisions of Sections 11(2), 14 and 16
dAvailable only for contracts relating to immovable property
Answer: C
The 2018 amendment substituted Section 10 so that specific performance shall be enforced, subject to Sections 11(2), 14 and 16, converting it from a discretionary remedy into a general rule.
Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim law is entitled to a decree for dissolution of her marriage on the ground that the whereabouts of her husband have not been known for a period of;
aFour years
bSeven years
cThree years
dTwo years
Answer: A
Section 2(i) of the Dissolution of Muslim Marriages Act, 1939 entitles a Muslim wife to a decree of dissolution where the whereabouts of the husband have not been known for a period of four years.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife may obtain a decree for dissolution where the husband has neglected or failed to provide for her maintenance for a period of;
aTwo years
bOne year
cFour years
dThree years
Answer: A
Section 2(ii) of the Act provides failure to provide maintenance for two years as a ground for judicial dissolution at the instance of the wife.
A Muslim wife may seek dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939 where the husband has been sentenced to imprisonment for a period of;
aThree years or upwards
bFive years or upwards
cSeven years or upwards
dTen years or upwards
Answer: C
Section 2(iii) of the Act makes the husband's sentence of imprisonment for seven years or upwards a ground for dissolution, though no decree is passed until the sentence becomes final.
Under Section 23 of the Registration Act, 1908, no document other than a will shall be accepted for registration unless presented to the proper officer within;
aFour months from the date of its execution
bThree months from the date of its execution
cTwo months from the date of its execution
dSix months from the date of its execution
Answer: A
Section 23 prescribes a period of four months from the date of execution for presenting a document (other than a will) for registration.
Which one of the following leases of immovable property is compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?
aA lease from year to year, or for any term exceeding one year, or reserving a yearly rent
bA lease for a term not exceeding one year
cA lease for a term of six months
dAn oral lease accompanied by delivery of possession
Answer: A
Section 17(1)(d) makes registration compulsory for leases from year to year, for any term exceeding one year, or reserving a yearly rent; a lease not exceeding one year is only optionally registrable under Section 18(c).
Under Section 13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a tenant who has not paid the rent due is deemed to have duly paid it if, within fifteen days of the first hearing of the ejectment application, he pays the arrears together with interest calculated by the Controller at the rate of;
aNine per centum per annum
bSix per centum per annum
cTwelve per centum per annum
dEight per centum per annum
Answer: D
The proviso to Section 13(2)(i) lets the tenant escape eviction for non-payment by tendering arrears within fifteen days of the first hearing, with interest at eight per centum per annum, plus costs allowed by the Controller.
By virtue of Section 1(3), the Haryana Urban (Control of Rent and Eviction) Act, 1973 does not apply to a building the construction of which is completed on or after the commencement of the Act for a period of;
aTen years from the date of completion
bFive years from the date of completion
cFifteen years from the date of completion
dSeven years from the date of completion
Answer: A
Section 1(3) grants a ten-year exemption from the date of completion to newly constructed buildings, encouraging fresh construction by keeping such buildings outside rent control for that period.
The view that law is the command of the sovereign backed by sanction, and that there is no necessary connection between law and morality, is associated principally with;
aHugo Grotius and the Natural Law School
bRudolf von Jhering and the Sociological School
cJohn Austin and the Analytical (Positivist) School
dFriedrich Carl von Savigny and the Historical School
Answer: C
John Austin's command theory defines law as the command of a determinate sovereign enforced by sanction, the core tenet of the Analytical/Positivist school. Savigny led the Historical school (Volksgeist), Jhering the Sociological approach, and Grotius the modern Natural Law tradition.
According to Salmond, a right that avails against the world at large, as distinguished from a right that avails only against a determinate person, is termed a;
aInchoate right
bImperfect right
cRight in rem
dRight in personam
Answer: C
A right in rem (real right) avails against persons generally, whereas a right in personam avails only against a specific person, typically arising out of contract. The distinction is fundamental to Salmond's analysis of legal rights.
Under Section 18 of the Punjab Courts Act, 1918, which of the following is recognised as a class of Civil Court (besides the Courts of Small Causes and Courts established under any other enactment in force)?
aThe Court of the Munsiff and the Court of the Civil Judge (Senior Division)
bThe Court of the Principal Civil Judge and the Court of the Additional Civil Judge
cThe Court of the District Judge and the Court of the Subordinate Judge
dThe Court of the Sessions Judge and the Court of the District Judge
Answer: C
Section 18 lists the classes of Civil Courts as (1) the Court of the District Judge and (3) the Court of the Subordinate Judge; clause (2) stands omitted. The Munsiff/Civil Judge nomenclature belongs to other States' enactments, not the Punjab Courts Act.
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