Haryana Judiciary Mock Test 3 — Questions & Solutions
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Under the first proviso to Order VIII, Rule 1 of C.P.C., where the defendant fails to file his written statement within 30 days, the Court may allow him to file it on recording reasons, but not later than
a120 days from the date of service of summons
b150 days from the date of service of summons
c90 days from the date of service of summons
d60 days from the date of service of summons
Answer: C
Order VIII Rule 1 requires the written statement within 30 days; the proviso permits extension for recorded reasons, but not beyond 90 days from the date of service of summons (in ordinary, non-commercial suits this period is held directory).
Under the proviso to Order VI, Rule 17 of C.P.C., an application for amendment of pleadings shall not be allowed after the trial has commenced, unless the Court is satisfied that
aThe amendment does not change the nature of the suit
bThe amendment is necessary to avoid multiplicity of proceedings
cIn spite of due diligence the party could not have raised the matter before the commencement of trial
dThe opposite party consents to the amendment
Answer: C
The proviso to Order VI Rule 17 bars post-trial-commencement amendment unless the Court concludes that, despite due diligence, the party could not have raised the matter before the trial began.
A first appeal from an original decree under Section 96 of C.P.C. lies
aOn a question of fact, a question of law, or a mixed question of fact and law
bOnly where the High Court grants a certificate
cOnly on a question of fact
dOnly on a substantial question of law
Answer: A
Unlike a second appeal, a first appeal under Section 96 read with Order 41 lies on questions of fact, questions of law, or mixed questions of fact and law.
Under Section 115 of C.P.C., the High Court shall not, in exercise of its revisional jurisdiction, vary or reverse any order
aPassed by a Court of Small Causes
bWhich decides a question of fact
cWhich has been passed ex parte
dAgainst which an appeal lies either to the High Court or to any Court subordinate thereto
Answer: D
The proviso to Section 115 bars revision where the impugned order is appealable to the High Court or to a Court subordinate to it; revision is a residuary remedy where no appeal lies.
Under Section 144 of C.P.C., the doctrine of restitution requires the Court to place the parties in the position they would have occupied but for the decree where the original decree or order is
aSought to be executed
bConfirmed in appeal
cVaried or reversed in appeal, revision or other proceedings, or set aside or modified in a suit
dMerely stayed pending appeal
Answer: C
Section 144 enables restitution when a decree is varied or reversed in appeal/revision/other proceedings, or set aside or modified in a suit, so as to restore the parties to their original position.
Under Order IX, Rule 13 of C.P.C., no application to set aside an ex parte decree shall lie where an appeal has been preferred against that decree and the appeal has been disposed of
aOn any ground other than that the appellant withdrew the appeal
bWithout notice to the respondent
cOn the ground that the appellant withdrew the appeal
dBy remand to the trial Court
Answer: A
The Explanation to Order IX Rule 13 bars an application to set aside an ex parte decree once an appeal against it has been disposed of on any ground other than the appellant's withdrawal of the appeal.
For the purposes of a suit by an indigent person under Order XXXIII of C.P.C., where no court-fee is prescribed for the plaint, a person is an 'indigent person' when he is not entitled to property worth
aOne thousand rupees other than exempt property and the subject-matter of the suit
bFive hundred rupees other than exempt property and the subject-matter of the suit
cFive thousand rupees other than exempt property and the subject-matter of the suit
dTen thousand rupees other than exempt property and the subject-matter of the suit
Answer: A
Under the Explanation to Order XXXIII Rule 1, where no fee is prescribed, a person is indigent if not entitled to property worth one thousand rupees (excluding exempt property and the subject-matter of the suit).
The summary procedure under Order XXXVII of C.P.C. applies to suits upon bills of exchange, hundies and promissory notes instituted in
aOnly the High Court
bHigh Courts, City Civil Courts, Courts of Small Causes and such other Courts as the High Court may by notification specify
cOnly the Court of the District Judge
dOnly Courts of Small Causes
Answer: B
Order XXXVII Rule 1 makes the summary procedure applicable to High Courts, City Civil Courts, Courts of Small Causes and other Courts notified by the High Court, subject to their pecuniary jurisdiction.
Inherent powers of the Civil Court under Section 151 of C.P.C. are
aExercisable only by the High Court
bAvailable only in execution proceedings
cA substitute for the express provisions of the Code
dIn addition to, and not in derogation of, the powers expressly conferred by the Code, to be exercised for the ends of justice or to prevent abuse of process
Answer: D
Section 151 preserves the Court's inherent power to make orders necessary for the ends of justice or to prevent abuse of process; it supplements, and does not override, the express provisions of the Code.
Under Section 9 of the Code of Civil Procedure, 1908, a suit in which the right to property or to an office is contested is a suit of a civil nature
aOnly if no question as to religious rites or ceremonies is involved
bOnly where the office is attached to a particular place
cNotwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies
dOnly where some fees are attached to the office
Answer: C
Explanation I to Section 9 declares such a suit to be of a civil nature even if the right depends entirely on questions of religious rites or ceremonies, and Explanation II makes it immaterial whether fees are attached to the office or whether the office is attached to a particular place.
Which one of the following is NOT exempt from attachment and sale in execution of a decree under the proviso to Section 60(1) of the Code of Civil Procedure, 1908?
aA motor car owned by the judgment-debtor for personal use
bStipends and gratuities allowed to pensioners of the Government
cNecessary wearing-apparel and cooking vessels of the judgment-debtor
dTools of artisans of the judgment-debtor
Answer: A
The proviso to Section 60(1) exempts tools of artisans, necessary wearing-apparel, beds, cooking vessels and stipends/gratuities of pensioners; a motor car for personal use is not among the exempted classes and is liable to attachment.
Of the modes of settlement enumerated in Section 89 of the Code of Civil Procedure, 1908, which one is the only adjudicatory process?
aArbitration
bLok Adalat
cMediation
dJudicial settlement
Answer: A
Section 89 provides five modes—arbitration, conciliation, judicial settlement, Lok Adalat and mediation—of which only arbitration results in a binding adjudication; the other four are non-adjudicatory settlement processes.
Under Section 102 of the Code of Civil Procedure, 1908, no second appeal lies in any suit of the nature cognizable by Courts of Small Causes where the amount or value of the subject-matter of the original suit does not exceed
aRs. 25,000
bRs. 3,000
cRs. 1,00,000
dRs. 10,000
Answer: A
As amended by the 2002 amendment, Section 102 bars a second appeal in a suit cognizable by a Court of Small Causes where the value of the subject-matter does not exceed Rs. 25,000, even if a substantial question of law arises.
A clerical or arithmetical mistake in a decree, or an error arising therein from an accidental slip or omission, may under Section 152 of the Code of Civil Procedure, 1908 be corrected
aOnly on an application by an aggrieved party and within thirty days
bAt any time by the Court either of its own motion or on the application of any of the parties
cOnly by the appellate court and not by the court which passed the decree
dOnly by way of a regular review under Order XLVII
Answer: B
Section 152 empowers the Court to correct clerical or arithmetical mistakes and accidental slips or omissions at any time, suo motu or on a party's application; it is a corrective power and is not a substitute for review.
Under Section 96(4) of the C.P.C., no appeal shall lie from a decree in a suit of the nature cognizable by Courts of Small Cause, except on a question of law, where the value of the subject-matter of the original suit does not exceed:
aTwenty thousand rupees
bThree thousand rupees
cTen thousand rupees
dFive thousand rupees
Answer: C
Section 96(4) C.P.C. bars an appeal (except on a question of law) from a decree in a suit of small-cause nature where the value of the subject-matter does not exceed ten thousand rupees.
A motorist causes the death of a pedestrian by rash and negligent driving not amounting to culpable homicide, and immediately flees the scene without reporting the incident to a police officer or Magistrate soon thereafter. Under Section 106 of the Bharatiya Nyaya Sanhita, 2023, he is liable to imprisonment which may extend to:
aSeven years
bTwo years
cTen years
dFive years
Answer: C
Section 106(2) BNS introduces an enhanced punishment of imprisonment up to ten years and fine where the offender escapes the scene or fails to report the incident soon after; the ordinary case under Section 106(1) attracts up to five years.
In order to commit theft, the offender suddenly and forcibly grabs a mobile phone from the hand of a passer-by and runs away. Under the Bharatiya Nyaya Sanhita, 2023, this conduct is specifically defined as the distinct offence of 'snatching' under:
aSection 310
bSection 303
cSection 304
dSection 309
Answer: C
Section 304 BNS is a new provision defining 'snatching' as theft by suddenly, quickly or forcibly seizing movable property; theft simpliciter is Section 303 and robbery is Section 309.
A, deprived of the power of self-control by grave and sudden provocation given by Z, intending to kill Z, by mistake kills Y, Z's child, who is standing nearby. Under the Bharatiya Nyaya Sanhita, 2023, A has committed:
aCausing death by negligence
bMurder, the benefit of provocation being unavailable
cNo offence, being protected by grave provocation
dCulpable homicide not amounting to murder
Answer: D
Under Exception 1 to Section 101 BNS, the benefit of grave and sudden provocation extends even where the person killed by mistake or accident is one other than the person who gave the provocation, reducing the offence to culpable homicide not amounting to murder.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death of the assailant only where the assault is of a description specified in the law. Which provision enumerates these situations?
aSection 34
bSection 38
cSection 35
dSection 44
Answer: B
Section 38 BNS enumerates the assaults (such as those reasonably causing apprehension of death or grievous hurt, rape, kidnapping, etc.) where the right of private defence of the body extends to causing death.
The principle that 'when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone' is contained in the Bharatiya Nyaya Sanhita, 2023 in:
aSection 45
bSection 3(5)
cSection 190
dSection 61
Answer: B
The common intention principle, formerly Section 34 IPC, is re-enacted as Section 3(5) BNS; Section 61 deals with criminal conspiracy and Section 190 with common object of an unlawful assembly.
The offence of 'organised crime', covering activities such as kidnapping, extortion, contract killing and cyber-crime carried out on behalf of a crime syndicate, is a fresh offence introduced by the Bharatiya Nyaya Sanhita, 2023 under:
aSection 117
bSection 109
cSection 113
dSection 111
Answer: D
Section 111 BNS newly criminalises 'organised crime'; Section 113 separately deals with 'terrorist act'. Neither offence had a counterpart in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, a person abets the doing of a thing who instigates any person to do that thing, or engages in a conspiracy for its doing, or intentionally aids its doing. This definition of abetment is contained in:
aSection 45
bSection 61
cSection 55
dSection 49
Answer: A
Section 45 BNS defines 'abetment of a thing' through the three modes of instigation, conspiracy and intentional aid, corresponding to the former Section 107 IPC.
Under Section 69 of the Bharatiya Nyaya Sanhita, 2023, a man who has sexual intercourse with a woman by making a promise to marry her without any intention of fulfilling it, such intercourse not amounting to the offence of rape, is liable to be punished with imprisonment of either description for a term which may extend to:
aThree years and fine
bImprisonment for life and fine
cTen years and fine
dSeven years and fine
Answer: C
Section 69 BNS punishes sexual intercourse obtained by deceitful means or a false promise to marry (not amounting to rape) with imprisonment of either description up to ten years and fine; the Explanation includes false promise of employment, promotion or marriage by suppressing identity within 'deceitful means'.
Section 4 of the Bharatiya Nyaya Sanhita, 2023 introduces a new mode of punishment not found in the Indian Penal Code, 1860. Which of the following is that newly added punishment?
aCommunity service
bForfeiture of property
cExternment
dSolitary confinement
Answer: A
Section 4 BNS lists six punishments: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine, and community service. Community service is the new form of punishment introduced by the BNS.
Where five or more persons acting in concert commit murder on the ground of race, caste, community, sex, place of birth, language, personal belief or any similar ground, Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 provides that each member of the group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than:
aFive years
bSeven years
cFourteen years
dTen years
Answer: B
Section 103(2) BNS (mob lynching) prescribes that each member of such a group shall be punished with death or imprisonment for life or imprisonment for a term not less than seven years, and shall also be liable to fine.
Under Section 111 of the Bharatiya Nyaya Sanhita, 2023, where the commission of an organised crime has resulted in the death of any person, the offender shall be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than:
aOne lakh rupees
bTen lakh rupees
cFive lakh rupees
dTwo lakh rupees
Answer: B
Section 111(2)(a) BNS provides that if an organised crime results in death, the punishment is death or imprisonment for life with a minimum fine of ten lakh rupees; in any other case the minimum is five years to life with a fine not less than five lakh rupees.
Snatching has been introduced as a distinct offence under the Bharatiya Nyaya Sanhita, 2023. The punishment prescribed for the offence of snatching is imprisonment of either description for a term which may extend to:
aFive years and fine
bTwo years and fine
cThree years and fine
dOne year and fine
Answer: C
Section 304 BNS defines snatching as theft where the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property, and prescribes imprisonment of either description up to three years and fine.
Under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, a person who causes death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escapes without reporting the incident to a police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description which may extend to:
aTen years and fine
bTwo years and fine
cFive years and fine
dSeven years and fine
Answer: A
Section 106(2) BNS provides an enhanced punishment of imprisonment up to ten years and fine for the 'hit-and-run' situation, as against the general punishment of five years under Section 106(1) for causing death by rash or negligent act.
In the definition clause of the Bharatiya Nyaya Sanhita, 2023, the pronoun 'he' and its derivatives are used of any person, whether:
aMale only
bMale or female only
cMale, female, transgender or a juristic person
dMale, female or transgender
Answer: D
Section 2(10) BNS provides that the pronoun 'he' and its derivatives are used of any person, whether male, female or transgender; 'transgender' carries the meaning assigned under the Transgender Persons (Protection of Rights) Act, 2019. This is a change from the IPC, which referred only to male or female.
Under the Bharatiya Nyaya Sanhita, 2023, where a person causes grievous hurt that endangers life or causes the victim to be in a persistent vegetative state, Section 117(3) prescribes rigorous imprisonment for a term which shall not be less than:
aTen years extending to imprisonment for life
bThree years extending to ten years
cSeven years extending to fourteen years
dFive years extending to ten years
Answer: A
Section 117(3) BNS provides that one who causes such hurt resulting in permanent disability or persistent vegetative state shall be punished with rigorous imprisonment for not less than ten years which may extend to imprisonment for the remainder of that person's natural life.
A notable departure of the Bharatiya Nyaya Sanhita, 2023 from the Indian Penal Code lies in Section 70(2), which deals with gang rape committed on a woman under eighteen years of age. The punishment prescribed for this offence is:
aImprisonment for life which shall mean the remainder of natural life, and fine, or with death
bRigorous imprisonment for not less than twenty years which may extend to life imprisonment, and fine
cImprisonment for life and fine, without any option of death sentence
dRigorous imprisonment for not less than ten years which may extend to life imprisonment, and fine
Answer: A
Section 70(2) BNS punishes gang rape of a woman below eighteen years with imprisonment for life (meaning imprisonment for the remainder of the convict's natural life) and fine, or with death; the introduction of the death penalty for this category is a significant change from the earlier law.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a fact is said to be "not proved" when;
athe court believes it to exist
bit is neither proved nor disproved
cthe court considers its existence so probable that a prudent man ought to act upon the supposition that it exists
dafter considering the matters before it the court believes that it does not exist
Answer: B
Section 2(1)(i) of the BSA defines "not proved" as a fact that is neither proved nor disproved. Option (d) is the definition of "disproved" under Section 2(1)(c).
Facts which are the occasion, cause or effect of facts in issue, or which constitute the state of things under which they happened, are relevant under Section _____ of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
a5
b6
c7
d4
Answer: A
Section 5 of the BSA makes facts which are the occasion, cause or effect of facts in issue or relevant facts relevant. Section 4 deals with res gestae (same transaction) and Section 6 with motive, preparation and conduct.
Which one of the following is NOT a requisite for the relevancy of an admission made by a party in a representative character under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aStatements made by persons jointly interested in the subject matter of the proceeding
bStatements made by a stranger having no interest in the subject matter
cStatements made by an agent expressly authorised to make them
dStatements made by a party to the proceeding
Answer: B
Sections 16 to 18 of the BSA list persons whose statements amount to admissions, namely parties, their agents, persons in representative character, persons jointly interested and persons from whom interest is derived; a disinterested stranger is not included.
A confession made to a police officer is rendered inadmissible against the accused by which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 24
bSection 23(1)
cSection 23(2)
dSection 22
Answer: B
Section 23(1) of the BSA bars proof of any confession made to a police officer against a person accused of any offence. Section 23(2) bars confessions in police custody unless made in the immediate presence of a Magistrate.
So much of the information received from an accused in custody as relates distinctly to the fact thereby discovered may be proved. This proviso is contained in;
aSection 24
bSection 26
cSection 25
dSection 23(2), proviso
Answer: D
The proviso to Section 23(2) of the BSA permits proof of so much of the information given by an accused in police custody as relates distinctly to the fact discovered in consequence thereof, operating as an exception to the bar on confessions to police.
Under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement as to the cause of a person's death, made by the person who is dead, is relevant;
aonly in a criminal proceeding for the homicide of the deceased
bonly when the person making it was under expectation of death
cwhether or not the person who made it was under expectation of death, in whatever proceeding the cause of his death comes into question
donly if reduced into writing and signed by the deceased
Answer: C
Under Section 26(a) of the BSA a dying declaration is relevant whether the proceeding is civil or criminal and irrespective of whether the declarant was under expectation of death, unlike English law.
When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct of any person who, as a member of the family, has special means of knowledge, is relevant under Section _____ of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
a42
b43
c45
d44
Answer: D
Section 44 of the BSA makes the opinion, expressed by conduct, of a person having special means of knowledge as a family member relevant on questions of relationship; its proviso excludes such opinion for proving marriage in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023 and in divorce proceedings.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that the case of the accused comes within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 lies;
aupon the accused person, and the court shall presume the absence of such circumstances
bon the court
con whichever party first asserts the existence of the exception
don the prosecution
Answer: A
Section 108 of the BSA places the burden of proving the existence of circumstances bringing the case within a General Exception of the Bharatiya Nyaya Sanhita, 2023 upon the accused, and directs the court to presume the absence of such circumstances.
A child is conclusively presumed to be legitimate under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) if born;
awithin 365 days after dissolution of the marriage, the mother remaining unmarried
bwithin 270 days after dissolution of the marriage in all circumstances
cduring the continuance of a valid marriage or within 280 days after its dissolution, the mother remaining unmarried, unless non-access is shown
dduring the subsistence of marriage only, never after its dissolution
Answer: C
Section 116 of the BSA makes birth during a valid marriage, or within 280 days after its dissolution while the mother remains unmarried, conclusive proof of legitimacy unless it is shown the parties had no access to each other when the child could have been begotten.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), leading questions must NOT, if objected to by the adverse party, be asked in;
aan examination-in-chief or in a re-examination, except with the permission of the court
bcross-examination
cthe examination of an expert witness only
dany examination of a hostile witness
Answer: A
Under Section 146(2) of the BSA leading questions may not be asked in examination-in-chief or re-examination if objected to, except with the court's permission; Section 146(3) permits them in cross-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the credit of a witness may be impeached by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted. This mode of impeaching credit is provided in;
aSection 160
bSection 150
cSection 148
dSection 158
Answer: D
Section 158 of the BSA sets out the modes of impeaching the credit of a witness, including by proof of former inconsistent statements; Section 148 deals with the procedure for cross-examination as to previous statements in writing.
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 in;
aSection 119, Illustration (b)
bSection 138
cSection 124
dSection 139
Answer: B
Section 138 of the BSA makes 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 word 'uncorroborated' in the repealed Section 133 IEA was changed to 'corroborated'). The rule of prudence requiring corroboration also flows from Illustration (b) to Section 119.
Which of the following statements regarding primary and secondary evidence of documents under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is correct?
aPrimary evidence is defined in Section 58 and secondary evidence in Section 57
bSecondary evidence of the contents of a document may always be given without laying any foundation
cPrimary evidence means the document itself produced for inspection, and secondary evidence includes certified copies and oral accounts of contents
dA certified copy of a public document is primary evidence
Answer: C
Section 57 of the BSA defines primary evidence as the document itself produced for inspection, while Section 58 enumerates secondary evidence such as certified copies, copies made from the original and oral accounts of contents; Section 60 specifies when secondary evidence is admissible.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a witness who is unable to speak may give his evidence in any manner in which he can make it intelligible, as by writing or by signs, and such evidence;
ais deemed to be documentary evidence in every case
bis inadmissible unless reduced to writing by the court
cshall be deemed to be oral evidence
dcan be given only through a registered interpreter and is then documentary
Answer: C
Section 125 of the BSA provides that a witness unable to speak may give evidence by writing or signs in open court, and such evidence shall be deemed to be oral evidence.
No Judge or Magistrate shall, except upon the special order of a superior court, be compelled to answer questions as to his own conduct in court as such Judge or Magistrate. This privilege is contained in;
aSection 127
bSection 129
cSection 135
dSection 128
Answer: A
Section 127 of the BSA protects a Judge or Magistrate from being compelled to answer questions as to his own conduct in court, save on the special order of a court to which he is subordinate; Section 128 deals with communications during marriage.
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before arresting a person in a case where the offence is punishable with imprisonment for a term which may be less than seven years, the police officer is in the ordinary course required to:
aIssue a notice directing the person to appear
bObtain sanction from the District Magistrate
cObtain a warrant from the Magistrate
dRecord reasons in the case diary only
Answer: A
Section 35(3) BNSS (corresponding to the old Section 41A CrPC) requires the police officer to issue a notice directing attendance where arrest is not necessary; the Supreme Court has held arrest is an exception and such notice is mandatory in offences punishable up to seven years.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention of an accused in custody during investigation shall not exceed sixty days where the investigation relates to an offence:
aPunishable with imprisonment for not less than seven years
bPunishable with death, imprisonment for life, or imprisonment for not less than ten years
cOther than one punishable with death, life imprisonment, or imprisonment for ten years or more
dTriable exclusively by the Court of Session
Answer: C
Under Section 187(3) BNSS the outer limit of investigation custody is ninety days for offences punishable with death, life imprisonment, or imprisonment of ten years or more, and sixty days for all other offences.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which a Magistrate may authorise detention of an accused (other than in police custody) during investigation, where the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is:
a90 days
b15 days
c60 days
d120 days
Answer: A
Section 187(3) of the BNSS permits detention up to 90 days where the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, and 60 days in any other case; on expiry the accused is entitled to be released on bail.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 statutorily recognises the concept of a 'Zero FIR', permitting registration of information relating to a cognizable offence irrespective of the area where the offence is committed?
aSection 190
bSection 154
cSection 175
dSection 173
Answer: D
Section 173 of the BNSS governs information in cognizable cases and statutorily codifies the Zero FIR, allowing an FIR to be registered irrespective of the territorial jurisdiction where the offence occurred.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a preliminary enquiry to ascertain whether there is a prima facie case, in respect of a cognizable offence punishable for three years or more but less than seven years, must be completed within:
a14 days
b7 days
c21 days
d30 days
Answer: A
Section 173(3) of the BNSS allows the officer in charge, with prior permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry within fourteen days for offences punishable for three years or more but less than seven years.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made for an offence punishable with imprisonment of less than three years, of a person who is infirm or above the age of sixty years, except with the prior permission of an officer not below the rank of:
aInspector of Police
bDeputy Superintendent of Police
cSub-Inspector of Police
dSuperintendent of Police
Answer: B
Section 35(7) of the BNSS bars arrest, for offences punishable with less than three years' imprisonment, of an infirm person or one above sixty years of age, save with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it obligatory that the process of search and seizure, including preparation of the list of seized articles and its signing by witnesses, be recorded:
aIn the case diary maintained under Section 192
bThrough audio-video electronic means, preferably on a mobile phone
cOnly where the offence is punishable with death or life imprisonment
dIn a search memo signed by two independent witnesses only
Answer: B
Section 105 of the BNSS mandates that the entire process of search and seizure be recorded through audio-video electronic means, preferably a mobile phone, and the recording be forwarded to the concerned Magistrate without delay.
Under the proviso to Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial in absentia of a proclaimed offender may commence only after the expiry of a period from the date of framing of the charge of:
a120 days
b60 days
c90 days
d30 days
Answer: C
Section 356 of the BNSS introduces trial in absentia of a proclaimed offender; its proviso requires that such trial commence only after a period of ninety days from the date of framing of the charge.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 casts a duty on every State Government to prepare and notify a Witness Protection Scheme for the State?
aSection 398
bSection 360
cSection 415
dSection 379
Answer: A
Section 398 of the BNSS, a new provision, obliges every State Government to prepare and notify a Witness Protection Scheme to ensure the protection of witnesses.
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 a period, from the date the jail Superintendent informs him of dismissal of his appeal, review or special leave petition by the Supreme Court, of:
a60 days
b15 days
c90 days
d30 days
Answer: D
Section 472 of the BNSS provides that a convict under sentence of death may file a mercy petition within thirty days of being informed by the jail Superintendent of dismissal of his appeal, review or SLP by the Supreme Court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the total maximum period of police custody that a Magistrate may authorise (which may now be sought in parts during the initial 40 or 60 days of detention) is:
a7 days
b15 days
c30 days
d10 days
Answer: B
Section 187(2) of the BNSS retains the fifteen-day outer limit of police custody, but unlike the old CrPC permits it to be sought in parts during the first 40 days (60-day cases) or 60 days (90-day cases) of detention.
Section 532 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including issuance, service and execution of summons and warrants, examination of witnesses and recording of evidence, may be held or undertaken:
aOnly in open court in the physical presence of the accused
bOnly with the written consent of both the prosecution and the defence
cIn electronic mode by use of electronic communication or audio-video electronic means
dOnly before the Court of Session and the High Court
Answer: C
Section 532 of the BNSS permits all trials, inquiries and proceedings, including service of summons and warrants, examination of witnesses and recording of evidence, to be conducted in electronic mode by use of electronic communication or audio-video electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person against whom a reasonable complaint or credible information exists is concerned in a cognizable offence, the power of a police officer to arrest without a warrant is conferred by:
aSection 43
bSection 35
cSection 41
dSection 46
Answer: B
Section 35 of the BNSS (corresponding to Section 41 of the old CrPC) enumerates the circumstances in which a police officer may arrest a person without an order from a Magistrate and without a warrant.
Under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, on completion of investigation the officer in charge of the police station forwards to the Magistrate empowered to take cognizance a report, which is commonly known as the:
aFirst Information Report
bCase diary
cFinal report or charge-sheet (police report)
dInquest report
Answer: C
Section 193(3) of the BNSS requires the officer in charge, on completion of investigation, to forward a police report to the Magistrate empowered to take cognizance; this report is commonly called the charge-sheet or final report.
Where a question arises as to the age of a Judge of a High Court, Article 217(3) provides that the question shall be decided by:
aA full bench of the Supreme Court
bThe Governor of the State after consultation with the Chief Justice of the High Court
cThe Chief Justice of the concerned High Court
dThe President after consultation with the Chief Justice of India, and his decision shall be final
Answer: D
Article 217(3) provides that any question as to the age of a High Court Judge shall be decided by the President after consultation with the Chief Justice of India, and that decision is final.
Under Article 243D, the reservation of seats for women in every Panchayat (including seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) shall be:
aAs may be determined by the State Legislature from time to time
bNot less than one-fourth of the total number of seats to be filled by direct election
cNot less than one-third of the total number of seats to be filled by direct election
dExactly one-half of the total number of seats
Answer: C
Article 243D(3) mandates that not less than one-third of the total seats to be filled by direct election in every Panchayat, including those reserved for SC/ST women, shall be reserved for women.
That a petition under Article 32 to the Supreme Court is not barred by the principle of res judicata when the relief sought is the writ of:
aCertiorari
bQuo warranto
cMandamus
dHabeas corpus
Answer: D
A successive petition for habeas corpus on fresh grounds is not barred by res judicata, since the writ protects personal liberty and each illegal detention furnishes a fresh cause of action.
The expression 'armed rebellion', the threat of which is a ground for proclaiming a national emergency, must be such that it threatens:
aThe financial stability or credit of India
bOnly the security of a State and not the whole of India
cThe smooth functioning of the Council of Ministers
dThe security of India or of any part of the territory thereof
Answer: D
Article 352(1) permits a Proclamation of Emergency where the President is satisfied that a grave emergency exists whereby the security of India or of any part of its territory is threatened by war, external aggression or armed rebellion.
Dr. B.R. Ambedkar described which of the following Articles as the "heart and soul" of the Constitution, being the very right that makes all other fundamental rights enforceable directly before the Supreme Court;
aArticle 226
bArticle 21
cArticle 14
dArticle 32
Answer: D
Article 32 guarantees the right to move the Supreme Court directly for enforcement of fundamental rights, which Dr. Ambedkar called the heart and soul of the Constitution. It empowers the Court to issue the five writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
The writ jurisdiction of a High Court under Article 226 is, in one important respect, wider than that of the Supreme Court under Article 32, because a High Court may issue writs;
aFor the enforcement of fundamental rights as well as for any other purpose
bOnly for the enforcement of fundamental rights
cOnly with the prior sanction of the Governor
dOnly against the State Government and not the Union
Answer: A
Article 226 empowers a High Court to issue writs for enforcement of Part III rights and also "for any other purpose," i.e. for enforcement of ordinary legal rights. Article 32 is confined to enforcement of fundamental rights, making the High Court's writ power broader in scope.
The doctrine of "basic structure" of the Constitution, restricting the amending power under Article 368, was propounded by the Supreme Court in;
aGolak Nath v. State of Punjab
bKesavananda Bharati v. State of Kerala
cMinerva Mills v. Union of India
dA.K. Gopalan v. State of Madras
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by a 7:6 majority that Parliament's power to amend the Constitution under Article 368 does not extend to altering its basic structure. The decision overruled Golak Nath on the amendability of fundamental rights.
The words "Socialist" and "Secular" were inserted in the Preamble to the Constitution by which Constitutional Amendment Act;
aThe 44th Amendment Act, 1978
bThe 42nd Amendment Act, 1976
cThe 52nd Amendment Act, 1985
dThe 24th Amendment Act, 1971
Answer: B
The 42nd Amendment Act, 1976 (often called the "mini-Constitution") amended the Preamble to substitute "Sovereign Socialist Secular Democratic Republic." It also added the word "Integrity" to the Preamble.
The Tenth Schedule of the Constitution, containing provisions for disqualification of members on the ground of defection, was added by;
aThe 44th Amendment Act, 1978
bThe 73rd Amendment Act, 1992
cThe 61st Amendment Act, 1989
dThe 52nd Amendment Act, 1985
Answer: D
The Constitution (52nd Amendment) Act, 1985 inserted the Tenth Schedule, popularly known as the Anti-Defection Law, providing grounds for disqualification of members of Parliament and State Legislatures on account of defection.
Under Article 21A, inserted by the 86th Amendment, the State is obliged to provide free and compulsory education to all children of the age of;
aFive to sixteen years
bSix to eighteen years
cSix to fourteen years
dSix to twelve years
Answer: C
Article 21A, introduced by the Constitution (86th Amendment) Act, 2002, makes free and compulsory education a fundamental right for all children between six and fourteen years of age. The age limit of fourteen also aligns with the prohibition of child employment under Article 24.
Under Article 24 of the Constitution, the employment of children is absolutely prohibited in factories, mines and other hazardous employment below the age of;
aFifteen years
bFourteen years
cEighteen years
dTwelve years
Answer: B
Article 24 prohibits the employment of any child below fourteen years of age in any factory, mine or other hazardous employment. It is one of the fundamental rights against exploitation under Part III.
Which one of the following Directive Principles of State Policy enjoins the State to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India;
aArticle 44
bArticle 41
cArticle 50
dArticle 39A
Answer: A
Article 44, a Directive Principle of State Policy, directs the State to endeavour to secure a Uniform Civil Code for the citizens. Being a directive principle, it is not enforceable by any court under Article 37.
A Judge of a High Court holds office, under Article 217, until he attains the age of;
aSixty-five years
bSixty years
cSixty-eight years
dSixty-two years
Answer: D
Article 217(1) provides that a Judge of a High Court shall hold office until he attains the age of sixty-two years. A Judge of the Supreme Court, by contrast, retires at sixty-five years under Article 124(2).
After the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Mitakshara joint family:
aBecomes a coparcener only if unmarried on the date of the amendment
bAcquires rights only if her father was alive on 9 September 2005
cBecomes a coparcener by birth in her own right, in the same manner as a son
dIs entitled only to a share in her father's separate property
Answer: C
Amended Section 6 makes a daughter a coparcener by birth in the same manner as a son; Vineeta Sharma v. Rakesh Sharma (2020) held this right is unconnected to the father being alive on 9 September 2005.
Under Section 18 of the Hindu Succession Act, 1956, heirs related to the intestate by full blood are:
aRequired to share equally with half-blood heirs
bPreferred to heirs related by half blood, the relationship being the same in every other respect
cExcluded altogether if any half-blood heir survives
dPostponed to heirs related by uterine blood
Answer: B
Section 18 provides that heirs related by full blood are preferred to heirs related by half blood where the nature of the relationship is the same in every other respect.
Where two or more heirs succeed together to the property of an intestate under the Hindu Succession Act, 1956, Section 19 provides that they take the property:
aPer stirpes and as joint tenants
bPer capita and as joint tenants
cPer capita and as tenants-in-common
dPer stirpes and as tenants-in-common
Answer: C
Section 19 directs that, save as otherwise expressly provided, co-heirs take the property per capita (not per stirpes) and as tenants-in-common (not as joint tenants).
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a minor Hindu boy or unmarried girl is:
aEither parent equally and concurrently
bThe mother, and after her, the father
cThe paternal grandfather in all cases
dThe father, and after him, the mother
Answer: D
Section 6(a) names the father as natural guardian of a legitimate minor boy or unmarried girl, and after him the mother, with custody of a child below five years ordinarily with the mother.
A sale of a minor's immovable property by the natural guardian without the previous permission of the court, under Section 8 of the Hindu Minority and Guardianship Act, 1956, is:
aVoid ab initio and incapable of ratification
bValid if ratified by the paternal grandfather
cVoidable at the instance of the minor or any person claiming under him
dValid if for adequate consideration
Answer: C
Section 8(2) requires prior court permission for alienation of a minor's immovable property; an alienation made in breach of Section 8(3) is voidable at the instance of the minor or any person claiming under him.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a Hindu male adopts a girl, the difference of age between the adoptive father and the daughter to be adopted must be:
aAt least eighteen years
bAt least fifteen years
cImmaterial
dAt least twenty-one years
Answer: D
Section 11(iii) requires that where a male adopts a female, the adoptive father must be at least twenty-one years older than the child being adopted.
Under Section 12 of the Hindu Adoptions and Maintenance Act, 1956, the effect of a valid adoption with respect to the ties of the adopted child in the family of his birth is that they are:
aUnaffected until the adopted child attains majority
bSevered only in respect of succession but not for marriage
cRetained alongside the new ties in the adoptive family
dDeemed to be severed and replaced by ties created in the adoptive family from the date of adoption
Answer: D
Section 12 provides that from the date of adoption the child's ties in the family of birth are deemed severed and replaced by those created in the adoptive family, subject to the provisos (e.g., prohibited-relationship bars on marriage and pre-adoption vested property).
Under Section 7(2) of the Hindu Marriage Act, 1955, where the customary rites and ceremonies of a marriage include the Saptapadi, the marriage becomes complete and binding;
aWhen the bride enters the bridegroom's home
bOn registration of the marriage under Section 8
cWhen the kanyadan is performed by the bride's father
dWhen the seventh step is taken before the sacred fire
Answer: D
Section 7(2) expressly provides that where the ceremonies include the Saptapadi (taking of seven steps jointly before the sacred fire), the marriage is complete and binding when the seventh step is taken.
Under Section 5(iii) of the Hindu Marriage Act, 1955 (as amended), at the time of marriage the bridegroom must have completed the age of ______ and the bride the age of ______;
aTwenty-one years; twenty-one years
bEighteen years; fifteen years
cEighteen years; eighteen years
dTwenty-one years; eighteen years
Answer: D
As substituted by the Child Marriage Restraint (Amendment) Act, 1978, Section 5(iii) requires the bridegroom to have completed twenty-one years and the bride eighteen years at the time of marriage.
A marriage solemnised after the commencement of the Hindu Marriage Act, 1955 shall be null and void under Section 11 if it contravenes which of the conditions specified in Section 5;
aAll five conditions
bConditions (ii), (iii) and (iv)
cConditions (i), (ii) and (iii)
dConditions (i), (iv) and (v)
Answer: D
Section 11 declares a marriage void only where it contravenes clauses (i) bigamy, (iv) degrees of prohibited relationship, or (v) sapinda relationship of Section 5.
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, a grassroots organisation of:
aClimate-change activists from Brazil
bAtomic bomb survivors (Hibakusha) of Japan
cRefugee relief workers in Africa
dJournalists working in conflict zones
Answer: B
Nihon Hidankyo, a Japanese organisation of survivors of the Hiroshima and Nagasaki atomic bombings, won the 2024 Nobel Peace Prize for its efforts toward a world free of nuclear weapons.
India's Chandrayaan-3 mission made history on 23 August 2023 when its Vikram lander achieved a soft landing on which region of the Moon?
aThe southern polar region
bThe far side highlands
cThe near side equatorial plains
dThe Sea of Tranquillity
Answer: A
Chandrayaan-3's Vikram lander achieved the first-ever soft landing near the Moon's south pole, making India the fourth country to soft-land on the Moon.
The historic town of Kurukshetra in Haryana, associated with the discourse of the Bhagavad Gita, is famous for which sacred water tank?
aPushkar Sarovar
bSukhna Lake
cHussain Sagar
dBrahma Sarovar
Answer: D
Brahma Sarovar at Kurukshetra is one of Asia's largest sacred tanks and a major pilgrimage site, drawing especially large gatherings during solar eclipses.
Under which Article of the Constitution of India is the writ jurisdiction of a High Court, such as the Punjab and Haryana High Court, conferred?
aArticle 136
bArticle 32
cArticle 226
dArticle 143
Answer: C
Article 226 empowers every High Court to issue writs for the enforcement of fundamental rights and for any other purpose; Article 32 confers the corresponding power on the Supreme Court.
The Gita Jayanti Mahotsav, an internationally recognised festival celebrating the Bhagavad Gita, is organised annually by the Haryana Government chiefly at:
aHisar
bGurugram
cRohtak
dKurukshetra
Answer: D
The International Gita Mahotsav is held every year at Kurukshetra, the land where Lord Krishna is believed to have delivered the Bhagavad Gita to Arjuna.
Under the Indian Contract Act, a 'contract of guarantee' involves
aa contract that must always be in writing
ba promise to compensate for loss caused by the promisor's own conduct
cthree parties, namely the surety, the principal debtor and the creditor
dtwo parties only, the indemnifier and the indemnity-holder
Answer: C
Section 126 of the Indian Contract Act defines a contract of guarantee as one to perform the promise or discharge the liability of a third person in case of his default, involving three parties: surety, principal debtor and creditor; it may be oral or written.
A, a tradesman, leaves goods at B's house by mistake and B treats the goods as his own. B is bound to
apay A for the goods under the principle of quasi-contract
breturn the goods only, with no liability to pay
cpay A nothing as there was no agreement
dpay A only if he had promised in writing
Answer: A
Section 70 of the Indian Contract Act provides that where a person lawfully does something for another, not intending to do so gratuitously, and the other enjoys the benefit, the latter is bound to compensate or restore the thing—an obligation resembling those created by contract.
An agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by
athe principal himself in every conceivable situation
ba person of ordinary prudence, in his own case, under similar circumstances
ca court of competent jurisdiction
dany reasonable creditor of the principal
Answer: B
Section 189 of the Indian Contract Act confers authority on an agent, in an emergency, to do all such acts for protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances.
A, intending to deceive B, falsely represents that 500 maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract entered into by B is;
aVoid ab initio
bVoidable at the option of B
cValid and binding on both parties
dVoidable at the option of A
Answer: B
Under Section 19 of the Indian Contract Act, when consent to an agreement is caused by fraud, the agreement is a contract voidable at the option of the party whose consent was so caused, i.e. B.
An agreement made without consideration on account of natural love and affection between parties standing in near relation to each other is enforceable only if it is;
aMade before two witnesses
bExpressed in writing and registered under the law for registration of documents
cAcknowledged before a Magistrate
dReduced to writing, whether registered or not
Answer: B
Under the first exception to Section 25, such an agreement is valid only if it is expressed in writing and registered under the law for the time being in force for the registration of documents.
A minor mortgaged his property and later sought to avoid the transaction. It was held that an agreement by a minor is void ab initio and the minor cannot be compelled to repay the money advanced. This principle was laid down in;
aCarlill v. Carbolic Smoke Ball Co.
bMohori Bibee v. Dharmodas Ghose
cCurrie v. Misa
dBalfour v. Balfour
Answer: B
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement by a minor is void ab initio under Section 11, and Sections 64 and 65 do not apply as there was never a valid contract.
Which section of the Indian Partnership Act, 1932 provides for the compulsory dissolution of a firm on the business of the firm becoming unlawful?
aSection 40
bSection 42
cSection 41
dSection 44
Answer: C
Section 41 provides for compulsory dissolution, including where the business of the firm becomes unlawful; Section 40 deals with dissolution by agreement and Section 44 with dissolution by the Court.
On the death of a partner, a firm is, in the absence of a contract to the contrary, dissolved under;
aSection 43 (dissolution by notice of partnership at will)
bSection 41 (compulsory dissolution)
cSection 40 (dissolution by agreement)
dSection 42 (dissolution on the happening of certain contingencies)
Answer: D
Section 42 provides that, subject to contract between the partners, a firm is dissolved on the happening of certain contingencies including the death of a partner.
Where a partner has become permanently incapable of performing his duties as partner, dissolution of the firm may be ordered;
aAutomatically, being a case of compulsory dissolution under Section 41
bBy notice in writing under Section 43
cOnly by agreement of all partners under Section 40
dBy the Court at the suit of a partner under Section 44
Answer: D
Permanent incapacity of a partner is one of the grounds on which the Court may, at the suit of a partner, order dissolution of the firm under Section 44.
After the dissolution of a firm, in the absence of any contract to the contrary, every partner or his representative may restrain any other partner from carrying on a similar business in the firm name or from using firm property, until the affairs of the firm are completely wound up. This right is contained in;
aSection 53
bSection 48
cSection 50
dSection 55
Answer: A
Section 53 confers on every partner (or his representative), in the absence of a contract to the contrary, the right to restrain other partners from using the firm name or firm property until the firm is wound up.
Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer, under Section 20 of the Sale of Goods Act, 1930;
aWhen the goods are delivered to the buyer
bAt the time when the contract is made
cWhen the buyer signifies his assent after inspection
dWhen the price is paid
Answer: B
Section 20 provides that in an unconditional contract for sale of specific goods in a deliverable state, property passes when the contract is made, and it is immaterial whether the time of payment or of delivery is postponed.
Under Section 18 of the Sale of Goods Act, 1930, in a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer;
aUntil the goods are delivered to a carrier
bUntil the price is fully paid
cUnless the contract is reduced to writing
dUnless and until the goods are ascertained
Answer: D
Section 18 lays down that where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, after which they are at the buyer's risk whether delivery has been made or not. This rule that risk prima facie passes with property is contained in;
aSection 26 of the Sale of Goods Act, 1930
bSection 36 of the Sale of Goods Act, 1930
cSection 23 of the Sale of Goods Act, 1930
dSection 31 of the Sale of Goods Act, 1930
Answer: A
Section 26 enacts the principle 'res perit domino' — unless otherwise agreed, risk follows ownership, so goods are at the buyer's risk once property passes, irrespective of delivery.
A fresh period of limitation under Section 18 of the Limitation Act, 1963 begins to run upon an acknowledgment of liability only if such acknowledgment is;
aIn writing, signed by the party, and made before the expiration of the prescribed period
bMade in any form provided it is corroborated by conduct
cOral and made after the expiry of the prescribed period
dIn writing but made after the expiry of the prescribed period
Answer: A
Section 18 requires the acknowledgment of liability to be in writing, signed by the party against whom the right is claimed or his agent, and made before the expiration of the prescribed period, whereupon a fresh period begins.
Under Section 19 of the Limitation Act, 1963, a fresh period of limitation begins to run from the time when;
aPayment on account of a debt or of interest is made before expiry, where the fact of payment appears in the handwriting of, or in a writing signed by, the person making it
bThe creditor issues a demand notice for the debt
cThe debtor verbally promises to repay the debt in the presence of witnesses
dA part payment of the principal debt is made, even if not evidenced in writing
Answer: A
Section 19 provides that where payment on account of a debt or of interest on a legacy is made before expiry, a fresh period runs from the time of payment, but the fact of payment must appear in the handwriting of or in a writing signed by the payer.
Where, after the institution of a suit, a new defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted, under Section 21 of the Limitation Act, 1963;
aOn the date the court orders the amendment of the plaint
bWhen he was so made a party
cOn the date the cause of action against him first accrued
dOn the date of the original institution of the suit
Answer: B
Section 21 provides that where a new plaintiff or defendant is added or substituted after institution, the suit is deemed, as regards him, to have been instituted when he was so made a party, unless the court is satisfied the omission was due to a bona fide mistake.
Under Section 20C of the Specific Relief Act, 1963 (inserted in 2018), a suit filed under the Act must ordinarily be disposed of by the court within what period from the date of service of summons on the defendant?
aSix months, extendable by three months
bEighteen months, extendable by six months
cTwenty-four months, not extendable
dTwelve months, extendable by not more than six months in aggregate
Answer: D
Section 20C mandates disposal of a suit within twelve months from the date of service of summons on the defendant, extendable by the court for reasons recorded in writing by a period not exceeding six months in aggregate.
Which provision empowers the court to engage one or more experts on a specific issue and take their opinion on record, as inserted by the Specific Relief (Amendment) Act, 2018?
aSection 20B
bSection 21A
cSection 14A
dSection 26A
Answer: C
Section 14A, inserted by the 2018 amendment, allows the court to engage experts to get an opinion on any specific issue, with the opinion forming part of the record and the parties retaining the right to examine the expert in open court.
A perpetual injunction restraining the breach of an obligation can be granted under Section 38 of the Specific Relief Act, 1963 only by:
aThe decree made at the hearing and upon the merits of the suit
bAn ex parte order before settlement of issues
cAn order of the appellate court alone
dAn interlocutory order at any stage of the suit
Answer: A
Under Section 37(2), a perpetual injunction can be granted only by the decree made at the hearing and upon the merits of the suit; a temporary injunction, by contrast, may be granted at any stage.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, before granting bail to a husband accused of declaring talaq, the Magistrate must;
aHear the married woman upon whom talaq is pronounced and be satisfied of reasonable grounds
bRefer the matter to a Family Court
cObtain the consent of the public prosecutor only
dGrant bail as of right since the offence is bailable
Answer: A
Under the Act, the offence is non-bailable, but the Magistrate may grant bail only after hearing the married woman and being satisfied that there are reasonable grounds for granting bail.
Under the Hanafi school, the mother's right of hizanat (custody) over her son terminates on the son completing the age of;
aPuberty
bFive years
cSeven years
dNine years
Answer: C
Under Hanafi law the mother is entitled to the custody (hizanat) of her son only until he completes seven years of age, after which custody passes to the father.
The three essential requisites of a valid gift (hiba) under Muslim law are;
aDeclaration, registration and attestation
bDeclaration by donor, acceptance by donee and delivery of possession
cOffer, acceptance and written instrument
dConsideration, capacity and free consent
Answer: B
A valid hiba requires a declaration of gift by the donor, acceptance by the donee, and delivery of possession; registration is not essential to its validity.
Which of the following documents is NOT compulsorily registrable but may be registered at the option of the parties under the Registration Act, 1908?
aAn instrument of gift of immovable property
bA will
cA lease of immovable property exceeding one year
dA non-testamentary instrument transferring immovable property worth two lakh rupees
Answer: B
A will is not compulsorily registrable; under Section 18 read with Section 27 a will may be presented for registration or deposited at any time, registration being optional.
Under Section 49 of the Registration Act, 1908, a document required to be registered but which is unregistered;
aMay confer a power to adopt though it cannot affect immovable property
bAffects the immovable property comprised therein but cannot be received in evidence
cIs void ab initio for all purposes whatsoever
dDoes not affect the immovable property comprised therein and shall not be received as evidence of any transaction affecting such property
Answer: D
Section 49 provides that an unregistered document required to be registered shall neither affect the immovable property comprised therein nor be received as evidence of any transaction affecting such property or conferring such power.
Under the definition in Section 2 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, the expression "building" expressly does not include;
aA godown appurtenant to the building
bMachinery installed in the building
cFurniture let along with the building
dA room in a hotel, hostel or boarding house
Answer: D
Section 2(a) defines "building" inclusively (covering appurtenant land, godowns, furniture and installed machinery) but expressly excludes a room in a hotel, hostel or boarding house.
Under Section 13(2)(v) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a tenant of a building situated in a place other than a hill station is liable to eviction if he has ceased to occupy the building, without reasonable cause, for a continuous period of;
aSix months
bFour months
cTwelve months
dTwo months
Answer: B
Section 13(2)(v) makes non-occupation for a continuous period of four months, without reasonable cause, a ground for eviction where the building is not at a hill station.
The maxim 'Volenti non fit injuria' as a defence in the law of torts means;
aThe act of God excuses liability
bLegal injury without actual damage
cTo one who is willing, no harm is done
dDamage without legal injury
Answer: C
'Volenti non fit injuria' means that a person who voluntarily consents to a known risk cannot afterwards complain of the resulting harm. It is a complete defence where consent is free and the plaintiff had knowledge of the risk.
The distinction between 'damnum sine injuria' and 'injuria sine damno' is correctly stated as;
aDamnum sine injuria means legal injury without actual loss; injuria sine damno means actual loss without legal injury
bBoth maxims mean the same thing and are used interchangeably
cDamnum sine injuria means actual loss without violation of a legal right; injuria sine damno means violation of a legal right without actual loss
dDamnum sine injuria gives a right of action while injuria sine damno does not
Answer: C
'Damnum sine injuria' is actual damage without infringement of a legal right and is not actionable (Gloucester Grammar School case). 'Injuria sine damno' is infringement of a legal right without actual loss and is actionable per se (Ashby v. White).
Under Section 41 of the Punjab Courts Act, 1918, which of the following is NOT one of the enumerated grounds on which a second appeal lies to the High Court?
aAn erroneous appreciation of oral evidence by the first appellate court resulting in a wrong finding of fact
bThe decision having failed to determine some material issue of law or custom or usage having the force of law
cA substantial error or defect in the procedure provided by the Code of Civil Procedure which may have produced error or defect in the decision on the merits
dThe decision being contrary to law or to some custom or usage having the force of law
Answer: A
Section 41(1) confines second appeals to grounds (a) decision contrary to law/custom, (b) failure to determine a material issue of law or custom, and (c) a substantial error or defect in procedure under the CPC affecting the merits. A mere erroneous finding of fact is not a permissible ground.
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