Haryana Judiciary Mock Test 2 — Questions & Solutions
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Which of the following is NOT a ground for rejection of a plaint under Order VII, Rule 11 of the Code of Civil Procedure?
aWhere the relief claimed is undervalued and the valuation is not corrected within the time fixed by the Court
bWhere the plaint does not disclose a cause of action
cWhere the suit appears from the statement in the plaint to be barred by any law
dWhere the defendant has failed to file a written statement within ninety days
Answer: D
Order VII Rule 11 enumerates grounds such as non-disclosure of a cause of action, undervaluation, insufficient court-fee, and the suit being barred by law; failure of the defendant to file a written statement relates to Order VIII, not to rejection of the plaint.
Under Order VIII, Rule 1 of the Code of Civil Procedure, the defendant must present his written statement within thirty days from the service of summons, which the Court may extend for recorded reasons but not later than
aone hundred and twenty days from the date of service of summons
bninety days from the date of service of summons
csixty days from the date of service of summons
done hundred and eighty days from the date of service of summons
Answer: B
The proviso to Order VIII Rule 1 CPC permits the Court, for reasons recorded in writing, to allow the written statement to be filed beyond thirty days but not later than ninety days from the date of service of summons (the 120-day outer limit applies only to commercial suits).
Section 89 of the Code of Civil Procedure, providing for settlement of disputes outside the Court, does NOT include which of the following modes?
aArbitration
bReference to a Nyaya Panchayat
cJudicial settlement including settlement through Lok Adalat
dConciliation
Answer: B
Section 89 CPC enumerates four modes: arbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation. Reference to a Nyaya Panchayat is not one of them.
An appeal from a decree passed ex parte against a defendant is
aexpressly maintainable under Section 96(2) of the Code of Civil Procedure
bbarred, the only remedy being an application under Order IX Rule 13
cmaintainable only where no application under Order IX Rule 13 has been filed
dmaintainable only with the leave of the appellate Court
Answer: A
Section 96(2) CPC expressly provides that an appeal may lie from an original decree passed ex parte; the remedy of appeal and an application under Order IX Rule 13 to set aside the ex parte decree are concurrent remedies.
Under Section 24 of the Code of Civil Procedure, the power to transfer and withdraw any suit, appeal or other proceeding can be exercised by the District Court or the High Court
aat any stage of the proceeding
bonly after recording the consent of all parties
conly before the framing of issues
donly on the application of a party and not suo motu
Answer: A
Section 24 CPC empowers the High Court or District Court to transfer or withdraw any suit, appeal or other proceeding at any stage, either on the application of a party or of its own motion.
The power to transfer a suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State, where the ends of justice so require, is vested by the Code of Civil Procedure in
athe Supreme Court under Section 25
bthe State Government under Section 23
cthe High Court under Section 24
dthe District Court under Section 22
Answer: A
Section 25 CPC empowers the Supreme Court, where it is satisfied that an order under the section is expedient for the ends of justice, to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to that in another State.
Where a suit could be instituted in any one of two or more courts and is instituted in one of them, Section 15 of the Code of Civil Procedure requires that every suit be instituted in
athe Court of the lowest grade competent to try it
bthe Court of highest grade competent to try it
cany Court chosen by the plaintiff irrespective of grade
dthe District Court alone
Answer: A
Section 15 CPC is a rule of procedure providing that every suit shall be instituted in the Court of the lowest grade competent to try it, so as to relieve courts of higher grades.
The doctrine of res sub judice, which bars the trial of a subsequently instituted suit in respect of a matter directly and substantially in issue in a previously instituted suit between the same parties, is contained in
aSection 12 of the Code of Civil Procedure
bSection 11 of the Code of Civil Procedure
cSection 10 of the Code of Civil Procedure
dSection 9 of the Code of Civil Procedure
Answer: C
Section 10 CPC embodies the rule of res sub judice (stay of suit), barring a court from proceeding with the trial of a later suit whose matter is directly and substantially in issue in a previously instituted suit between the same parties.
An application for amendment of pleadings under Order VI, Rule 17 of the Code of Civil Procedure, after the commencement of trial, shall ordinarily not be allowed unless the Court concludes that
athe amendment is sought within thirty days of filing the suit
bthe opposite party consents to the amendment
cin spite of due diligence the party could not have raised the matter before the commencement of trial
dthe suit is of a commercial nature
Answer: C
The proviso to Order VI Rule 17 CPC bars amendment after the commencement of trial unless the Court comes to the conclusion that, in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Inherent powers of a civil court saved by Section 151 of the Code of Civil Procedure are
aexercisable only by the High Court and not by subordinate courts
ba substantive source of jurisdiction independent of the rest of the Code
cto be exercised only where there is no express provision in the Code dealing with the matter
dto be exercised to make orders necessary for the ends of justice or to prevent abuse of the process of the Court, and are not controlled by other provisions
Answer: C
Section 151 CPC merely saves the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of process; such power is residuary and cannot be invoked where the Code contains an express provision governing the matter.
A revision under Section 115 of the Code of Civil Procedure can be entertained by the High Court only where the subordinate court has
adecided a question of fact erroneously
bpassed any interlocutory order whatsoever
cexercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction
dadmitted inadmissible evidence
Answer: C
Section 115 CPC confines revisional jurisdiction to cases where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction; it does not lie for mere errors of fact or law.
For the principle of res judicata under Section 11 of the Code of Civil Procedure to apply, the former suit must have been decided by a court
aof competent jurisdiction to try the subsequent suit, and the matter must have been heard and finally decided
bof any jurisdiction, whether or not competent to try the subsequent suit
cand the matter need only have been incidentally or collaterally in issue
donly of the same grade as the court trying the subsequent suit
Answer: A
Section 11 CPC requires, among other conditions, that the former suit was decided by a court competent to try the subsequent suit and that the matter directly and substantially in issue was heard and finally decided in the former suit.
Under Order I, Rule 10 of the Code of Civil Procedure, the Court may, at any stage of the proceedings, order that the name of a party be added or struck out where
ait is necessary in order to enable the Court effectually and completely to adjudicate upon and settle all questions involved in the suit
bthe plaintiff alone consents to such addition or deletion
cthe suit has not yet proceeded beyond the stage of service of summons
dthe party to be added agrees to bear all the costs of the suit
Answer: A
Order I Rule 10(2) CPC empowers the Court, at any stage, to add or strike out parties whose presence is necessary to enable it effectually and completely to adjudicate upon and settle all the questions involved in the suit.
Under Section 2(2) of the Code of Civil Procedure, 1908, the expression 'decree' is deemed to include
aThe rejection of a plaint and the determination of any question within Section 144
bAny order of dismissal for default
cAn order returning a plaint to be presented to the proper Court
dAny adjudication from which an appeal lies as an appeal from an order
Answer: A
Section 2(2) expressly deems a 'decree' to include the rejection of a plaint and the determination of any question within Section 144, while excluding orders of dismissal for default and adjudications appealable as orders.
A Civil Court has jurisdiction to try all suits of a civil nature under Section 9 of C.P.C. except those of which cognizance is
aEither expressly or impliedly barred
bImpliedly barred only
cExpressly barred only
dBarred by a decision of the High Court
Answer: A
Section 9 confers jurisdiction on Civil Courts to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The provisions of Section 10 of C.P.C., relating to stay of a subsequently instituted suit (res sub judice), are
aDirectory in nature
bMandatory in nature
cMerely discretionary with the Court
dApplicable only with the consent of parties
Answer: B
Section 10 is mandatory; where the matter in issue in a previously instituted suit is directly and substantially the same and the conditions are satisfied, the Court is bound to stay the subsequent suit.
Explanation VIII to Section 11 of C.P.C. provides that an issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue,
aShall operate as res judicata only if that Court was competent to try the subsequent suit
bShall not operate as res judicata in a subsequent suit
cShall operate as estoppel but never as res judicata
dShall operate as res judicata in a subsequent suit even though that Court was not competent to try the subsequent suit
Answer: D
Explanation VIII makes a finding by a Court of limited jurisdiction operate as res judicata in a later suit, notwithstanding that such Court was not competent to try the subsequent suit.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been separately defined and made punishable in which Section?
aSection 305
bSection 303
cSection 304
dSection 309
Answer: C
Section 304 BNS, a new provision, defines snatching as theft where the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property from a person or his possession.
When five or more persons conjointly commit or attempt to commit a robbery, the offence under the Bharatiya Nyaya Sanhita, 2023 is termed:
aRobbery under Section 309
bTheft under Section 303
cDacoity under Section 310
dExtortion under Section 308
Answer: C
Section 310 BNS defines dacoity; when five or more persons conjointly commit or attempt a robbery (including persons present and aiding), each is said to commit dacoity.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child of which age, who has absolute immunity (doli incapax)?
aUnder ten years of age
bUnder twelve years of age
cUnder nine years of age
dUnder seven years of age
Answer: D
Section 20 BNS grants absolute immunity to a child under seven years of age. Section 21 deals with a child above seven and under twelve who has not attained sufficient maturity of understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the qualified defence available to a child above seven and under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct, is found in:
aSection 22
bSection 23
cSection 20
dSection 21
Answer: D
Section 21 BNS provides a qualified immunity that depends on whether the child between seven and twelve had attained sufficient maturity of understanding, unlike the absolute immunity under Section 20.
Under the Bharatiya Nyaya Sanhita, 2023, the defence of unsoundness of mind, where the person at the time of doing the act is incapable of knowing its nature or that it is wrong or contrary to law, is contained in:
aSection 22
bSection 84
cSection 28
dSection 20
Answer: A
Section 22 BNS provides the general exception of unsoundness of mind (the McNaughten rule), corresponding to the erstwhile Section 84 IPC.
The circumstances in which the right of private defence of the body extends to voluntarily causing death of the assailant are enumerated under which Section of the Bharatiya Nyaya Sanhita, 2023?
aSection 35
bSection 38
cSection 34
dSection 100
Answer: B
Section 38 BNS enumerates the cases (such as assault causing reasonable apprehension of death, grievous hurt, rape, kidnapping, etc.) where the right of private defence of the body extends to causing death.
Under the Bharatiya Nyaya Sanhita, 2023, 'abetment' of a thing is defined in:
aSection 45
bSection 46
cSection 107
dSection 44
Answer: A
Section 45 BNS defines abetment, namely by instigation, by engaging in conspiracy, or by intentionally aiding the doing of a thing, corresponding to the erstwhile Section 107 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, 'criminal conspiracy' is defined and made punishable in which Section?
aSection 120B
bSection 45
cSection 59
dSection 61
Answer: D
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means, corresponding to the erstwhile Sections 120A and 120B IPC.
The kinds of hurt designated as 'grievous hurt' (such as emasculation, permanent privation of sight, fracture or dislocation of a bone or tooth) are enumerated under which Section of the Bharatiya Nyaya Sanhita, 2023?
aSection 114
bSection 115
cSection 320
dSection 116
Answer: D
Section 116 BNS designates the eight kinds of grievous hurt, corresponding to the erstwhile Section 320 IPC. Section 115 deals with voluntarily causing hurt.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of theft and robbery are dealt with, respectively, in:
aSection 378 and Section 390
bSection 300 and Section 305
cSection 303 and Section 309
dSection 309 and Section 310
Answer: C
Section 303 BNS defines theft and Section 309 BNS defines robbery (in which there is either theft or extortion accompanied by the elements specified therein).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust has been consolidated into a single provision, with the maximum ordinary punishment enhanced from three years to five years, in which Section?
aSection 316
bSection 318
cSection 314
dSection 405
Answer: A
Section 316 BNS consolidates the criminal breach of trust provisions (erstwhile Sections 405 to 409 IPC) into one section and enhances the ordinary punishment to up to five years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'cheating' (consolidating the erstwhile Sections 415, 417, 418 and 420 IPC) is contained in:
aSection 316
bSection 420
cSection 318
dSection 317
Answer: C
Section 318 BNS deals with cheating, consolidating several IPC provisions including the erstwhile Section 420 dealing with cheating and dishonestly inducing delivery of property.
Under the Bharatiya Nyaya Sanhita, 2023, the general offence of 'kidnapping' (kidnapping from India and kidnapping from lawful guardianship) is dealt with in:
aSection 139
bSection 135
cSection 359
dSection 137
Answer: D
Section 137 BNS deals with kidnapping, including kidnapping from India and kidnapping from lawful guardianship, corresponding to the erstwhile Sections 359 and 361 IPC.
Which one of the following is a new species of punishment formally introduced by Section 4 of the Bharatiya Nyaya Sanhita, 2023, which had no counterpart in the list of punishments under the repealed Indian Penal Code?
aForfeiture of property
bCommunity service
cImprisonment for life
dSolitary confinement
Answer: B
Section 4 BNS lists six punishments and, for the first time, adds 'community service' as clause (f); forfeiture of property and imprisonment for life existed under the IPC as well.
Under the Bharatiya Nyaya Sanhita, 2023, an act done by a child above seven and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion, is not an offence by virtue of which provision?
aSection 20
bSection 22
cSection 21
dSection 25
Answer: C
Section 21 BNS embodies the qualified doli incapax rule for a child above seven and under twelve of immature understanding; Section 20 grants absolute immunity to a child under seven years of age.
Section 69 of the Bharatiya Nyaya Sanhita, 2023, penalises sexual intercourse obtained by deceitful means or by a false promise to marry without intention of fulfilling it. The maximum imprisonment prescribed for this offence is:
aThree years
bTen years
cImprisonment for life
dSeven years
Answer: B
Section 69 BNS, a new offence with no IPC equivalent, prescribes imprisonment of either description up to ten years and fine for sexual intercourse by deceitful means or a false promise to marry.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the doctrine of res gestae - admitting facts forming part of the same transaction - is statutorily embodied in:
aSection 4
bSection 7
cSection 9
dSection 6
Answer: A
Section 4 of the BSA makes relevant facts so connected with a fact in issue as to form part of the same transaction (res gestae), even if not in issue and occurring at different times and places.
A makes a confession to a police officer while in custody, and in consequence of the information so given, a knife used in the murder is discovered from a field pointed out by A. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), how much of the statement is admissible?
aOnly the confession of guilt, not the discovery, is admissible
bNo part of the confession is admissible, as it was made to a police officer
cSo much of the information as distinctly relates to the fact thereby discovered is admissible
dThe entire confession is admissible
Answer: C
The proviso to Section 23(2) of the BSA is an exception to the bar on confessions to police officers and in police custody; only so much of the information as distinctly relates to the fact thereby discovered may be proved, whether or not it amounts to a confession.
The phrase 'shall presume' as defined in Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) means that the Court:
aIs bound to call for corroborative evidence in every case
bShall regard the fact as proved unless and until it is disproved
cShall regard the fact as conclusive proof and not allow any evidence to disprove it
dMay regard the fact as proved or call for proof at its discretion
Answer: B
Under the definitions in Section 2 of the BSA, where the Act directs that the Court 'shall presume' a fact, it must regard such fact as proved unless and until it is disproved - a rebuttable presumption, unlike 'conclusive proof'.
Which of the following statements regarding a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is correct?
aIt is admissible only if the declarant entertained expectation of imminent death at the time of making it
bIt is admissible irrespective of whether the person who made it was under expectation of death
cIt is admissible only if recorded by a Magistrate
dIt is inadmissible unless corroborated by an independent witness
Answer: B
Unlike English law, Section 26(a) of the BSA admits a statement as to the cause of death regardless of whether the declarant was under expectation of death; there is also no absolute rule requiring corroboration (Khushal Rao v. State of Bombay).
Under Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:
aShall not be proved as against a person accused of any offence
bIs admissible only against a co-accused
cIs admissible if the accused was not in custody at the time
dMay be proved only if made in the immediate presence of a Magistrate
Answer: A
Section 23(1) of the BSA imposes an absolute bar: no confession made to a police officer shall be proved against an accused person, irrespective of whether the accused was in custody.
The provision that the burden of proving any fact necessary to be proved in order to enable a person to give evidence of any other fact lies on the person who wishes to give such evidence is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), contained in:
aSection 105
bSection 107
cSection 104
dSection 109
Answer: B
Section 107 of the BSA places the burden of proving any preliminary fact (e.g., that a deceased person made a dying declaration so as to admit it) on the party wishing to give evidence of the consequent fact.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is embodied in:
aSection 119
bSection 108
cSection 106
dSection 109
Answer: D
Section 109 of the BSA provides that when a fact is especially within the knowledge of a person, the burden of proving that fact lies upon him.
Which of the following is NOT among the matters expressly stated in Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as relevant?
aMotive for any fact in issue or relevant fact
bThe general reputation of the party
cPrevious or subsequent conduct of any party
dPreparation for any fact in issue or relevant fact
Answer: B
Section 6 of the BSA makes motive, preparation and previous or subsequent conduct relevant; general reputation is not a subject of Section 6 (it is dealt with separately, e.g., in the character evidence provisions).
A leading question, as defined in Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is one which:
aRelates to a matter not in issue in the proceeding
bSuggests the answer which the person putting it wishes or expects to receive
cTends to corroborate the testimony of a previous witness
dIs put by the Court suo motu under Section 168
Answer: B
Section 146 of the BSA defines a leading question as any question suggesting the answer which the questioner wishes or expects to receive; such questions are generally not permitted in examination-in-chief or re-examination if objected to (Section 146 itself).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is 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 in:
aSection 138
bSection 132
cSection 124
dSection 139
Answer: A
Section 138 of the BSA declares an accomplice a competent witness and, as enacted, that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the BSA replaced 'uncorroborated' in the old Section 133 IEA with 'corroborated'). The rule of prudence favouring corroboration also flows from Illustration (b) to Section 119 (the BSA successor to s.114 IEA).
The maximum number of witnesses required for proof of any fact under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is governed by Section 139, which provides that:
aAt least two witnesses are required to prove any fact
bNo particular number of witnesses shall in any case be required for the proof of any fact
cAt least three witnesses are required in cases of murder
dThe number of witnesses is to be fixed by the Court in each case
Answer: B
Section 139 of the BSA enacts that no particular number of witnesses shall in any case be required for the proof of any fact - evidence is weighed, not counted.
A party calls his own witness who, having been examined, gives evidence adverse to that party. With the permission of the Court, the party may:
aWithdraw the witness without any consequence
bHave the witness declared incompetent under Section 124 of the BSA
cRefuse to allow the witness to be cross-examined by the opposite party
dPut questions to him which might be put in cross-examination by the adverse party
Answer: D
Section 157 of the BSA permits the Court, in its discretion, to allow the party who calls a witness to put questions to him in the nature of cross-examination (i.e., to treat him as hostile).
A is accused of a crime. Evidence is offered that, on a former occasion, he committed a crime of a different and unconnected nature, merely to show his bad character. Under Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such evidence of bad character in criminal proceedings is:
aRelevant only if the accused is a previous convict
bAlways relevant to prove guilt
cIrrelevant, unless evidence of good character has been given, or the bad character is itself a fact in issue
dRelevant only with the leave of the Court
Answer: C
Under Section 49 of the BSA, in criminal proceedings the previous bad character of the accused is irrelevant, unless evidence of good character has been given (rebuttal) or the bad character itself is a fact in issue.
Secondary evidence of the contents of a document may be given, among other cases, when the original is:
aA document which the party offering it is entitled to retain
bA public document of which a certified copy is unavailable
cIn the possession or power of the person against whom it is sought to be proved, who, after notice, does not produce it
dCapable of being easily produced in Court
Answer: C
Section 60(a) of the BSA allows secondary evidence where the original is shown or appears to be in the possession or power of the person against whom it is sought to be proved who, after the notice mentioned in Section 64, does not produce it.
No new fact can be acquired by estoppel; the doctrine that a person who has, by his declaration, act or omission, intentionally caused another to believe a thing to be true and to act upon such belief cannot deny its truth is contained in:
aSection 122
bSection 119
cSection 116
dSection 121
Answer: D
Section 121 of the BSA embodies the doctrine of estoppel: a person who has by declaration, act or omission intentionally caused another to believe and act on a thing as true is precluded from denying its truth in any suit between himself and that person.
In a recent ruling on Section 35(3) BNSS, where a notice of appearance is issued instead of arrest, the Supreme Court held that for offences punishable with imprisonment up to seven years the guiding principle is that;
aArrest is the rule and notice the exception
bArrest is the exception and notice is the rule
cBoth arrest and notice are mandatory together
dNeither arrest nor notice is permissible without a warrant
Answer: B
Interpreting Section 35(3) BNSS, the Supreme Court reiterated that for offences punishable up to seven years, arrest is the exception and notice of appearance is the rule, making such notice mandatory.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to a cognizable offence is received by an officer in charge of a police station outside whose territorial jurisdiction the offence is committed, he must register the First Information Report and forward it to the concerned police station. This 'Zero FIR' obligation is statutorily contained in:
aSection 173
bSection 154
cSection 175
dSection 176
Answer: A
Section 173 BNSS deals with information in cognizable cases and, unlike Section 154 CrPC, expressly codifies the 'Zero FIR' concept, permitting registration irrespective of the area where the offence is committed.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest of a person who is infirm or above sixty years of age, in respect of an offence punishable with imprisonment for less than three years, shall be made without the prior permission of an officer not below the rank of:
aSub-Inspector of Police
bInspector of Police
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with imprisonment for ten years or more, the fifteen days of police custody authorised by the Magistrate may be sought, in whole or in parts, at any time during the initial:
aFifteen days out of ninety days
bForty days out of sixty days
cThirty days out of sixty days
dSixty days out of ninety days
Answer: D
Section 187 BNSS permits the fifteen days of police custody to be availed in whole or in parts during the initial sixty days (where total detention is ninety days for grave offences) or the initial forty days (where total detention is sixty days).
The provision for maintenance of wives, children and parents, which under the old Code of Criminal Procedure, 1973 was contained in Section 125, is now found in the Bharatiya Nagarik Suraksha Sanhita, 2023 at:
aSection 125
bSection 144
cSection 148
dSection 152
Answer: B
Section 144 BNSS corresponds to Section 125 of the CrPC, 1973 and deals with the order for maintenance of wives, children and parents.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the first class may pass a sentence of fine not exceeding:
aFifty thousand rupees
bTen thousand rupees
cTwenty-five thousand rupees
dOne lakh rupees
Answer: A
Section 23 BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, or fine not exceeding fifty thousand rupees, or both, or community service.
'Community service', introduced as a mode of punishment under the Bharatiya Nagarik Suraksha Sanhita, 2023, is defined as work which the Court may order a convict to perform as a form of punishment that benefits the community, and for which the convict:
aShall be entitled to minimum wages
bShall be entitled to remuneration fixed by the Court
cShall not be entitled to any remuneration
dShall be entitled to half the prescribed daily wage
Answer: C
The Explanation to Section 23 BNSS defines community service as work ordered by the Court benefiting the community, for which the convict shall not be entitled to any remuneration.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition before the President or the Governor within how many days of being informed by the Superintendent of jail about the dismissal of his appeal, review or special leave petition?
aNinety days
bThirty days
cFifteen days
dSixty days
Answer: B
Section 472 BNSS, a new provision, permits a death-sentence convict (or his heir/relative) to present a mercy petition within thirty days of being informed by the jail Superintendent of the dismissal of his appeal, review or SLP.
Under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused in a case triable by the Court of Session may file an application for discharge within how many days from the date of committal of the case?
aNinety days
bForty-five days
cThirty days
dSixty days
Answer: D
Section 250(1) BNSS introduces a sixty-day time limit, running from the date of committal, within which the accused may move an application for discharge before the Court of Session.
Inquiry, trial or judgment in the absence of a proclaimed offender (trial in absentia), a provision new to the Bharatiya Nagarik Suraksha Sanhita, 2023, is dealt with in:
aSection 84
bSection 356
cSection 482
dSection 299
Answer: B
Section 356 BNSS is a new provision enabling inquiry, trial and pronouncement of judgment against a proclaimed offender who has absconded to evade trial, in his absence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the question of when bail may be taken in case of a non-bailable offence is governed by:
aSection 483
bSection 480
cSection 437
dSection 478
Answer: B
Section 480 BNSS corresponds to Section 437 of the old CrPC and deals with when bail may be taken in a case of a non-bailable offence by a court other than the High Court or Court of Session.
The Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including issuance, service and execution of summons and warrants, may be held in electronic mode by use of audio-video electronic means. This enabling provision is:
aSection 532
bSection 254
cSection 336
dSection 530
Answer: D
Section 530 BNSS provides that trials, inquiries and proceedings may be held in electronic mode through audio-video electronic means, giving statutory backing to virtual court proceedings.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on completion of investigation the police officer is required to inform the informant or victim about the progress of the investigation, including through electronic communication, within a period of:
aThirty days
bOne hundred and eighty days
cNinety days
dSixty days
Answer: C
Section 193 BNSS imposes a new duty on the investigating officer to inform the informant or victim of the progress of investigation, including by electronic means, within ninety days.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death, imprisonment for life, or imprisonment for a term exceeding:
aSeven years
bThree years
cTen years
dFive years
Answer: A
Section 23(1) BNSS empowers a Chief Judicial Magistrate to pass any sentence authorised by law except death, imprisonment for life, or imprisonment exceeding seven years.
Which one of the following writs is NOT subject to the rule of res judicata when sought under Article 32 of the Constitution;
aQuo Warranto
bCertiorari
cHabeas Corpus
dProhibition
Answer: C
A successive petition for habeas corpus on fresh grounds is not barred by res judicata, as personal liberty is involved; the rule was discussed in Daryao v. State of U.P.
The free and compulsory education guaranteed to all children under Article 21A is for children of the age of;
aSix to twelve years
bSix to eighteen years
cFive to fourteen years
dSix to fourteen years
Answer: D
Article 21A, inserted by the 86th Amendment Act, 2002, directs the State to provide free and compulsory education to all children of the age of six to fourteen years.
Under Article 22(2) of the Constitution, every person who is arrested and detained in custody must be produced before the nearest Magistrate within a period of:
aForty-eight hours of such arrest, including the time necessary for the journey
bTwelve hours of such arrest, excluding the time necessary for the journey
cTwenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate
dSeventy-two hours of such arrest in cases of preventive detention
Answer: C
Article 22(2) requires production before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's Court.
Under Article 22 of the Constitution, the safeguards of being informed of the grounds of arrest and of being produced before a Magistrate within twenty-four hours are NOT available to:
aA person arrested under a warrant issued by a competent court
bA person arrested for a bailable offence
cA person below the age of eighteen years
dAn enemy alien and a person arrested or detained under any law providing for preventive detention
Answer: D
Article 22(3) expressly excludes enemy aliens and persons detained under preventive detention laws from the protections guaranteed by clauses (1) and (2) of Article 22.
Under Article 22(4), no law providing for preventive detention shall authorise detention of a person for a longer period than three months unless an Advisory Board has reported sufficient cause. The Advisory Board is to consist of persons who are, or have been, or are qualified to be appointed as:
aJudges of a High Court
bJudges of the Supreme Court
cDistrict Judges
dMembers of the Union Public Service Commission
Answer: A
Article 22(4)(a) requires the Advisory Board to consist of persons who are, have been, or are qualified to be appointed as Judges of a High Court before detention beyond three months can be sustained.
The right to move the Supreme Court for enforcement of fundamental rights guaranteed under Article 32 shall not be suspended except as otherwise provided for by the Constitution. This guarantee against suspension is contained in:
aArticle 32(3)
bArticle 32(2)
cArticle 32(4)
dArticle 33
Answer: C
Article 32(4) provides that the right guaranteed by Article 32 shall not be suspended except as otherwise provided for by the Constitution (for example, during the operation of Article 359 during an Emergency).
Which of the following is a point of distinction between the writ jurisdiction of the Supreme Court under Article 32 and that of a High Court under Article 226?
aThe Supreme Court can issue the writ of habeas corpus while a High Court cannot
bOnly the High Court can issue the writ of quo warranto
cArticle 32 itself is not a fundamental right whereas Article 226 is a fundamental right
dA High Court may issue writs not only for enforcement of fundamental rights but also for any other purpose, whereas Article 32 is confined to enforcement of fundamental rights
Answer: D
Article 226 empowers a High Court to issue writs for enforcement of Part III rights 'and for any other purpose', giving it wider scope than Article 32, which is confined to enforcement of fundamental rights and is itself a fundamental right.
The provision that 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India' is contained in:
aArticle 25, in Part III (Fundamental Rights)
bArticle 44, in Part IV (Directive Principles of State Policy)
cArticle 38, in Part IV (Directive Principles of State Policy)
dArticle 51A, in Part IVA (Fundamental Duties)
Answer: B
Article 44, a Directive Principle in Part IV, directs the State to endeavour to secure a uniform civil code for citizens throughout India; being a directive principle, it is not enforceable by any court.
A resolution for the impeachment of the President under Article 61 for violation of the Constitution must be passed by a majority of:
aNot less than two-thirds of the members present and voting
bA simple majority of the total membership of the House
cThree-fourths of the members present and voting in a joint sitting
dNot less than two-thirds of the total membership of the House preferring the charge
Answer: D
Under Article 61(2), a resolution to prefer a charge for impeachment must 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 members.
After the Constitution (Forty-fourth Amendment) Act, 1978, a Proclamation of Emergency under Article 352 can be issued only on the ground of war, external aggression or:
aInternal disturbance
bArmed rebellion
cFailure of constitutional machinery in a State
dFinancial instability
Answer: B
The 44th Amendment substituted the expression 'armed rebellion' for 'internal disturbance' in Article 352, narrowing the ground on which a national emergency may be proclaimed.
Under the proviso to Article 368(2), certain constitutional amendments require ratification by the Legislatures of not less than one-half of the States before being presented to the President for assent. Which of the following amendments requires such ratification?
aAn amendment relating to the salaries of Ministers
bAn amendment to the Directive Principles in Part IV
cAn amendment to the Preamble of the Constitution
dAn amendment altering any of the Lists in the Seventh Schedule
Answer: D
The proviso to Article 368(2) requires ratification by not less than one-half of the State Legislatures for amendments affecting, inter alia, the Lists in the Seventh Schedule, the election of the President, and the distribution of legislative powers between Union and States.
The doctrine of 'basic structure' of the Constitution, limiting Parliament's amending power under Article 368, was propounded by the Supreme Court in:
aA.K. Gopalan v. State of Madras
bKesavananda Bharati v. State of Kerala
cGolak Nath v. State of Punjab
dMinerva Mills v. Union of India
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that while Parliament may amend any part of the Constitution under Article 368, it cannot alter or destroy its basic structure.
Under Article 124(2) of the Constitution, a Judge of the Supreme Court of India shall hold office until he attains the age of:
aSeventy years
bSixty-five years
cSixty-two years
dSixty years
Answer: B
Article 124(2) provides that a Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, in contrast with a High Court Judge who retires at sixty-two under Article 217.
Under Section 13B of the Hindu Marriage Act, 1955 (divorce by mutual consent), the motion for a decree of divorce by both parties must be made not earlier than six months and not later than:
aThree years after the date of presentation of the petition
bTwelve months after the date of presentation of the petition
cEighteen months after the date of presentation of the petition
dTwo years after the date of presentation of the petition
Answer: C
Section 13B(2) requires the motion to be moved by both parties not earlier than six months and not later than eighteen months after the date of presentation of the petition.
Under Section 8 of the Hindu Adoptions and Maintenance Act, 1956, which of the following Hindu females has the capacity to take a child in adoption?
aA married woman whose husband is alive and of sound mind, acting without his consent
bA married woman whose husband is alive, in every case
cAn unmarried woman of unsound mind
dA woman of sound mind who is of major age and is not married, or whose marriage has been dissolved, or whose husband is dead
Answer: D
Section 8 gives capacity to a Hindu female who is of sound mind, of major age, and who is either unmarried, divorced, or a widow; a married woman whose husband is alive cannot herself adopt.
Under the Schedule to the Hindu Succession Act, 1956, the 'brother' and 'sister' of a male Hindu dying intestate are placed in:
aClass II, Entry I (along with the father)
bClass I of the heirs
cClass II, Entry II
dThe category of cognates only
Answer: C
In Class II of the Schedule, the father stands alone in Entry I, while brother and sister are placed in Entry II; references to brother and sister do not include those related by uterine blood.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, a valid adoption of a SON requires that at the time of adoption the adoptive father or mother must not have:
aAttained the age of fifty years
bMore than one spouse living
cA living daughter or son's daughter
dA Hindu son, son's son, or son's son's son (whether by legitimate blood relationship, adoption, or otherwise) living
Answer: D
Section 11(i) bars adoption of a son if the adoptive parent already has a Hindu son, son's son or son's son's son (legitimate, illegitimate or adopted) living at the time of adoption.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites of one of the parties include the saptapadi, the marriage becomes complete and binding:
aOn registration of the marriage under Section 8
bOn exchange of garlands by the parties
cWhen the seventh step is taken jointly before the sacred fire
dWhen the bride enters the bridegroom's house
Answer: C
Section 7(2) of the Hindu Marriage Act, 1955 provides that where the saptapadi forms part of the rites, the marriage becomes complete and binding when the seventh step is taken before the sacred fire.
A petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 can succeed only where the withdrawal from the society of the petitioner by the other spouse is:
aCoupled with cruelty
bFor more than one year
cWithout reasonable excuse
dAfter a decree of judicial separation
Answer: C
Section 9 requires that the respondent has withdrawn from the society of the petitioner 'without reasonable excuse'; the burden of proving reasonable excuse lies on the withdrawing spouse.
A marriage solemnised after the commencement of the Hindu Marriage Act, 1955 between parties who are within the degrees of prohibited relationship, no custom permitting it, is:
aVoid under Section 11
bVoidable under Section 12
cValid but penal under Section 18
dMerely irregular and curable by registration
Answer: A
Section 11 read with Section 5(iv) renders a marriage between parties within the degrees of prohibited relationship (absent a permitting custom) null and void ab initio.
Which of the following is a ground available ONLY to a wife for seeking divorce under Section 13(2) of the Hindu Marriage Act, 1955?
aThat the other party has been incurably of unsound mind
bThat the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality
cThat the other party has renounced the world by entering a religious order
dThat the other party has ceased to be a Hindu by conversion
Answer: B
Section 13(2)(ii) gives a wife a special additional ground of divorce where the husband has, since the marriage, been guilty of rape, sodomy or bestiality; the other options are general grounds under Section 13(1).
Under Section 13B of the Hindu Marriage Act, 1955, a petition for divorce by mutual consent requires that the parties have been living separately for a period of:
aOne year or more
bTwo years or more
cThree years or more
dSix months or more
Answer: A
Section 13B(1) requires that the spouses have been living separately for a period of one year or more before presenting the joint petition for divorce by mutual consent.
Children of a marriage which is null and void under Section 11 of the Hindu Marriage Act, 1955 are, by virtue of Section 16:
aLegitimate only if the marriage is later registered
bAlways illegitimate
cLegitimate only for the purpose of maintenance
dDeemed to be legitimate
Answer: D
Section 16(1) deems children of void marriages (and, under Section 16(2), of voidable marriages annulled) to be legitimate, though Section 16(3) limits their succession rights to the property of their parents.
Any property possessed by a female Hindu, whether acquired before or after the commencement of the Hindu Succession Act, 1956, is, under Section 14(1), held by her:
aAs full owner and not as a limited owner
bAs a trustee for her husband's heirs
cAs a limited owner during her lifetime
dAs a coparcener with her sons
Answer: A
Section 14(1) converts a female Hindu's limited estate into absolute ownership, making her the full owner of property possessed by her, whether movable or immovable.
Choose the word most nearly OPPOSITE in meaning to 'EXONERATE':
aAcquit
bAbsolve
cIncriminate
dPardon
Answer: C
To 'exonerate' means to clear of blame or absolve; its antonym is 'incriminate', which means to accuse or implicate in wrongdoing.
Q88General Knowledge / Current Affairs
If in a certain code 'COURT' is written as 'DPVSU', how is 'JUDGE' written in that code?
aKVFHF
bIVEHF
cKWEHF
dKVEHF
Answer: D
Each letter is shifted one position forward in the alphabet (C to D, O to P, etc.), so JUDGE becomes KVEHF.
Q89General Knowledge / Current Affairs
Find the next term in the series: 2, 6, 12, 20, 30, ?
a44
b40
c42
d36
Answer: C
The differences increase by 2 each time (4, 6, 8, 10, 12); 30 + 12 = 42. Equivalently the terms are n(n+1).
Q90General Knowledge / Current Affairs
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times the original sum at the same rate?
a20 years
b24 years
c16 years
d32 years
Answer: B
Doubling in 8 years means interest equals the principal in 8 years, i.e., 12.5% per annum. To become four times, interest must equal three times the principal, requiring 3 x 8 = 24 years.
Q91General Knowledge / Current Affairs
Select the option that correctly fills the blank: 'The accused, along with his accomplices, ____ produced before the Magistrate yesterday.'
ahave been
bwere
cwas
dare
Answer: C
The subject is the singular 'accused'; the phrase 'along with his accomplices' does not alter the number of the verb, and 'yesterday' requires the simple past, so 'was' is correct.
Q92General Knowledge / Current Affairs
Justice Surya Kant, who assumed office as the 53rd Chief Justice of India in November 2025, had earlier served as the Advocate General of which State before his elevation to the Bench?
aPunjab
bHimachal Pradesh
cHaryana
dRajasthan
Answer: C
Justice Surya Kant took oath as the 53rd CJI on 24 November 2025; he had served as Advocate General of Haryana and was later elevated as a Judge of the Punjab & Haryana High Court.
The High Court of Punjab and Haryana, which is the common High Court for Punjab, Haryana and the Union Territory of Chandigarh, has its principal seat at:
aShimla
bAmbala
cChandigarh
dPanchkula
Answer: C
On the formation of Haryana in 1966 the High Court of Punjab was renamed the High Court of Punjab and Haryana, with its principal seat continuing at Chandigarh.
Consent is said to be caused by 'undue influence' under the Indian Contract Act where
aa party causes the other to enter the agreement by committing an act forbidden by the Penal Code
bone party is in a position to dominate the will of the other and uses that position to obtain an unfair advantage
ca party suggests a fact which is not true, not believing it to be true
dconsent is obtained by a positive assertion innocently made
Answer: B
Section 16 defines undue influence as where the relations subsisting between the parties are such that one is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. Option (a) is coercion, (c) is fraud and (d) is misrepresentation.
avoid, and no suit lies to recover anything won upon a wager
billegal and punishable
cvalid and enforceable
dvoidable at the option of the loser
Answer: A
Section 30 of the Indian Contract Act declares agreements by way of wager void, and provides that no suit shall be brought for recovering anything alleged to be won on a wager.
Where the parties to a contract agree to substitute a new contract for the old one, the original contract need not be performed. This is known as
aremission
bnovation
crescission
dalteration
Answer: B
Section 62 of the Indian Contract Act provides that if the parties to a contract agree to substitute a new contract for it (novation), or to rescind or alter it, the original contract need not be performed.
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of some event which the promisor could not prevent, becomes
avoidable at the option of the promisee
bvoid when the act becomes impossible or unlawful
cvoid ab initio
dvalid and must still be performed
Answer: B
Under the second paragraph of Section 56 (doctrine of frustration / supervening impossibility), a contract to do an act which afterwards becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.
A finds B's goods and takes them into his custody. The responsibility of A, the finder of goods, is that of a
apledgee
btrustee
cbailee
dgratuitous agent
Answer: C
Section 71 of the Indian Contract Act provides that a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee.
Where a contract has been broken and a sum is named in the contract as the amount to be paid in case of such breach, the party complaining of the breach is entitled to receive from the party in default
areasonable compensation not exceeding the amount so named
bonly the actual loss strictly proved, never the named sum
cdouble the amount named as a penalty
dthe whole sum named, whether or not actual loss is proved
Answer: A
Section 74 of the Indian Contract Act entitles the aggrieved party to reasonable compensation not exceeding the amount named, whether or not it is a genuine pre-estimate or a penalty; the named sum is the ceiling, not an automatic entitlement.
A person who has been admitted to the benefits of partnership during his minority must, on attaining majority, elect whether to become a partner within;
aThree months of attaining majority
bSix months of attaining majority or of his obtaining knowledge of his admission, whichever date is later
cTwo months of attaining majority
dTwelve months of attaining majority
Answer: B
Section 30 gives a minor admitted to the benefits of partnership six months from attaining majority, or from obtaining knowledge of his admission (whichever is later), to give public notice electing to become or not to become a partner.
A minor admitted to the benefits of a partnership firm;
aIs not personally liable, but his share is liable for the acts of the firm
bIs personally liable for all acts of the firm like any other partner
cBecomes a full partner by operation of law on his admission
dCannot share in the profits of the firm
Answer: A
Under Section 30, a minor cannot be made personally liable for the obligations of the firm; only his share in the property and profits of the firm is liable for the acts of the firm.
The dissolution of partnership between all the partners of a firm is, under Section 39 of the Indian Partnership Act, 1932, called;
aReconstitution of the firm
bDissolution of partnership
cWinding up of the firm
dDissolution of the firm
Answer: D
Section 39 defines 'dissolution of the firm' as the dissolution of partnership between all the partners of a firm, as distinguished from a mere change in the constitution of the firm.
A stipulation in a contract of sale which is collateral to the main purpose of the contract, the breach of which gives rise only to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, is termed under the Sale of Goods Act, 1930 as a;
aWarranty
bCondition
cGuarantee
dRepresentation
Answer: A
Section 12(3) defines a warranty as a stipulation collateral to the main purpose of the contract, breach of which gives a right to claim damages only; a condition (Section 12(2)) is essential to the main purpose and its breach permits repudiation.
The maxim 'caveat emptor' and its statutory exceptions relating to implied conditions as to quality or fitness for a particular purpose are contained in which section of the Sale of Goods Act, 1930?
aSection 17
bSection 15
cSection 14
dSection 16
Answer: D
Section 16 embodies the rule of caveat emptor, stating there is no implied warranty or condition as to quality or fitness except as provided; sub-section (1) deals with fitness for a particular purpose and sub-section (2) with merchantable quality.
In a contract for the sale of goods by sample as well as by description, Section 15 of the Sale of Goods Act, 1930 requires that;
aThe bulk shall correspond with the sample only
bThe goods shall correspond with the description only
cThe bulk of the goods shall correspond both with the sample and with the description
dIt is sufficient that the goods correspond with either the sample or the description
Answer: C
Section 15 provides that where goods are sold by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description; correspondence with both is required.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of;
aOnly the day on which the decree was signed
bThe day of pronouncement of judgment but not the time for obtaining the copy of the decree
cOnly the day on which the appeal is presented
dThe day from which the period is to be reckoned and the day on which the judgment was pronounced
Answer: D
Section 12 excludes the day from which the period is to be reckoned, the day on which the judgment was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed against.
Time spent prosecuting with due diligence and in good faith a prior civil proceeding in a court which, from defect of jurisdiction, is unable to entertain it, is excluded under;
aSection 14
bSection 17
cSection 5
dSection 12
Answer: A
Section 14 excludes the time during which the plaintiff has been bona fide and with due diligence prosecuting another civil proceeding in a court unable to entertain it for defect of jurisdiction or other like cause.
Where a suit is based upon the fraud of the defendant, the period of limitation under Section 17 of the Limitation Act, 1963 begins to run;
aFrom the date the suit is actually instituted
bFrom the date the fraud was committed
cFrom the date the cause of action arose irrespective of the fraud
dWhen the plaintiff has discovered the fraud or could with reasonable diligence have discovered it
Answer: D
Under Section 17, where the suit or application is based on the fraud of the defendant, time does not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it.
The concept of 'substituted performance', whereby an aggrieved party may get the contract performed through a third party or his own agency and recover the costs from the party in breach, was introduced by the 2018 amendment in which section of the Specific Relief Act, 1963?
aSection 20
bSection 21
cSection 16
dSection 14
Answer: A
The 2018 amendment recast Section 20 to provide for substituted performance, requiring the aggrieved party to give at least thirty days' written notice before procuring performance through a third party or his own agency.
Before resorting to substituted performance under Section 20 of the Specific Relief Act, 1963 (as amended in 2018), the party who suffers the breach must give the party in breach a written notice of not less than:
aThirty days
bFifteen days
cSixty days
dNinety days
Answer: A
Section 20(2) requires the aggrieved party to give a written notice of not less than thirty days calling upon the party in breach to perform, before getting the contract performed by a third party or by its own agency.
Section 20A of the Specific Relief Act, 1963, inserted by the 2018 amendment, deals with which of the following?
aPower of the court to engage experts
bBar on grant of injunction in suits relating to contracts for infrastructure projects where it would cause impediment or delay in the project
cAward of compensation in addition to specific performance
dRectification of instruments by the court
Answer: B
Section 20A bars a court from granting an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule, where such injunction would cause impediment or delay in the progress or completion of the project.
Regarding the option of puberty (khyar-ul-bulugh) under Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939, a woman is entitled to repudiate a marriage if it was contracted by her father or guardian before she attained the age of fifteen years, the marriage was not consummated, and she repudiated it before attaining the age of;
aSixteen years
bTwenty-one years
cTwenty years
dEighteen years
Answer: D
Section 2(vii) requires that the marriage be repudiated before the wife attains eighteen years of age, provided it was contracted before she was fifteen and remained unconsummated.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the pronouncement of talaq-e-biddat by a Muslim husband is punishable with imprisonment which may extend to;
aTwo years and fine
bThree years and fine
cOne year and fine
dFive years and fine
Answer: B
Section 4 of the 2019 Act makes the declaration of talaq punishable with imprisonment up to three years and a fine.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, the offence of declaring talaq is cognizable only if information relating to the offence is given by;
aA police officer of his own knowledge
bAny member of the public
cThe local Waqf Board
dThe married woman or a person related to her by blood or marriage
Answer: D
Section 5 (as numbered in the Act, the cognizability clause) restricts cognizance to information given by the aggrieved married woman or a person related to her by blood or marriage.
A non-testamentary instrument which creates a right, title or interest in immovable property is compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908 only when its value is;
aOf five hundred rupees and upwards
bLess than one hundred rupees
cOf one thousand rupees and upwards
dOf one hundred rupees and upwards
Answer: D
Section 17(1)(b) requires registration of non-testamentary instruments creating, declaring, assigning, limiting or extinguishing any right, title or interest in immovable property of the value of one hundred rupees and upwards.
Under Section 25 of the Registration Act, 1908, where the delay in presentation does not exceed four months owing to urgent necessity or unavoidable accident, the Registrar may direct registration on payment of a fine not exceeding;
aTen times the amount of the proper registration fee
bTwice the amount of the proper registration fee
cTwenty times the amount of the proper registration fee
dFive times the amount of the proper registration fee
Answer: A
Section 25 empowers the Registrar to condone a delay not exceeding four months on payment of a fine not exceeding ten times the amount of the proper registration fee.
Once the fair rent of a building or rented land has been fixed by the Controller under Section 4, Section 5 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 bars any further increase or decrease in such fair rent (save the statutory exceptions) for a period of;
aTwo years
bSeven years
cFive years
dThree years
Answer: C
Section 5(1) freezes the fair rent for five years after fixation under Section 4, subject only to the provisos permitting an increase for landlord-funded improvements or a decrease for diminished accommodation or amenities.
Under Section 11 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a residential building may be converted into a non-residential building only with;
aThe prior approval of the State Government
bThe leave of the District Judge
cThe sanction of the local municipal committee
dThe written permission of the Controller
Answer: D
Section 11 prohibits any person from converting a residential building into a non-residential building except with the permission in writing of the Controller appointed under the Act.
'Ubi jus ibi remedium' translates to 'where there is a right, there is a remedy', the principle that legal rights must be supported by legal remedies, illustrated in Ashby v. White.
The rule of strict liability under which a person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, is prima facie answerable for damage caused by its escape, was laid down in;
aDonoghue v. Stevenson
bRylands v. Fletcher
cBird v. Jones
dAshby v. White
Answer: B
The rule of strict liability was propounded by Blackburn J. in Rylands v. Fletcher (1868), affirmed by the House of Lords. Liability arises from a non-natural use of land and escape, subject to recognised exceptions.
A second appeal to the High Court under the Punjab Courts Act, 1918 is governed by which section?
aSection 40
bSection 41
cSection 39
dSection 44
Answer: B
Section 41 provides that an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on the grounds enumerated therein. Section 39 deals with first appeals from Subordinate Judges and Section 44 with revision.
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