Haryana Judiciary Mock Test 4 — Questions & Solutions
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Under Order XXI, Rule 89 of the C.P.C., a person seeking to set aside a sale of immovable property in execution must deposit, for payment to the auction-purchaser, a sum equal to:
aTen per cent of the purchase-money
bTwenty-five per cent of the purchase-money
cTwo per cent of the purchase-money
dFive per cent of the purchase-money
Answer: D
Order XXI, Rule 89 requires deposit of a sum equal to five per cent of the purchase-money for payment to the purchaser, in addition to the amount specified in the proclamation of sale for the decree-holder.
Under Section 35-B of the C.P.C., where a party is ordered to pay costs for causing delay, payment of such costs is a condition precedent to:
aThe recording of evidence in the suit
bThe further prosecution of the suit or defence, as the case may be, by that party
cThe filing of an appeal by that party
dThe grant of any adjournment thereafter
Answer: B
Section 35-B provides that payment of costs for causing delay, on the date next following the order, is a condition precedent to the further prosecution of the suit (by the plaintiff) or of the defence (by the defendant) so ordered to pay.
Section 100-A of the C.P.C. provides that where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court:
aA further appeal shall lie only with the leave of the Single Judge
bNo further appeal shall lie from the judgment and decree of such Single Judge
cA further appeal shall lie to the Supreme Court directly
dA further appeal (letters patent appeal) shall lie to a Division Bench as of right
Answer: B
Section 100-A, notwithstanding any Letters Patent, bars any further (intra-court) appeal from the judgment and decree of a Single Judge who has decided an appeal.
In determining whether a person is an 'indigent person' under Order XXXIII, Rule 1 of the C.P.C., which of the following is excluded while computing his means?
aProperty gifted to him within the preceding two months
bMovable property of every kind
cProperty exempt from attachment in execution of a decree, and the subject-matter of the suit
dHis salary income
Answer: C
The Explanation to Order XXXIII, Rule 1 excludes property exempt from attachment in execution of a decree and the subject-matter of the suit while assessing whether a person possesses sufficient means.
Where restitution can be claimed by an application under Section 144 of the C.P.C. on the variation or reversal of a decree:
aNo separate suit shall be instituted for the relief which could be obtained by such application
bA separate suit may also be filed for the same relief at the option of the party
cRestitution lies only in respect of money decrees and not property
dRestitution can be granted only by the appellate court and not the court of first instance
Answer: A
Section 144(2) bars a separate suit for any relief that could be obtained by an application for restitution; the application must be made to the court which passed the decree or order.
Under Order XXIII, Rule 1(4) of the C.P.C., where a plaintiff withdraws from a suit without the permission of the court referred to in sub-rule (3), he shall:
aBe liable for costs and be precluded from instituting any fresh suit in respect of such subject-matter
bBe permitted to file a fresh suit only with the leave of the appellate court
cBe entitled to file a fresh suit on the same cause of action without any bar
dBe entitled to restoration of the same suit on payment of costs
Answer: A
Order XXIII, Rule 1(4) makes a plaintiff who withdraws without leave liable for costs and precludes him from instituting any fresh suit in respect of the same subject-matter.
Under Order I, Rule 8 of the C.P.C., a representative suit by one or more persons on behalf of numerous persons having the same interest requires that:
aThe suit be filed only in the High Court
bThe consent of the State Government be obtained before filing
cThe permission or direction of the court be obtained, and notice be given to all persons so interested
dAll the interested persons must be impleaded as parties before institution
Answer: C
Order I, Rule 8 permits a representative suit where numerous persons have the same interest, with the court's permission or direction, and mandates notice to all persons interested (by personal service or public advertisement).
Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try all suits of a civil nature except those of which cognizance is
abarred by a notification of the State Government
bexpressly barred only
ceither expressly or impliedly barred
dimpliedly barred only
Answer: C
Section 9 confers jurisdiction over all suits of a civil nature 'excepting suits of which their cognizance is either expressly or impliedly barred'. Both modes of exclusion are recognised.
A caveat lodged under Section 148-A of the Code of Civil Procedure shall not remain in force after the expiry of
a120 days from the date on which it was lodged
b90 days from the date on which it was lodged
c60 days from the date on which it was lodged
d30 days from the date on which it was lodged
Answer: B
Section 148-A(5) provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application is made within that period.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure lies only where the case involves
aan error apparent on the face of the record
ba question of fact
ca mixed question of law and fact
da substantial question of law
Answer: D
Section 100 confines a second appeal to a case involving a 'substantial question of law', which the High Court must formulate; pure questions of fact cannot be reagitated.
Where a suit is dismissed under Order IX, Rule 8 of the Code of Civil Procedure for the plaintiff's default in appearance, the plaintiff
ais precluded from bringing a fresh suit on the same cause of action, but may apply to set aside the dismissal
bcan only prefer a first appeal against the dismissal
cmust seek review of the dismissal order
dmay file a fresh suit on the same cause of action as of right
Answer: A
Order IX, Rule 9 bars a fresh suit on the same cause of action after dismissal under Rule 8, but permits the plaintiff to apply for setting aside the dismissal on showing sufficient cause for non-appearance.
Under Section 2(2) of the Code of Civil Procedure, the expression 'decree' is deemed to include
athe rejection of a plaint
ban order of dismissal for default
can order returning a plaint for presentation to the proper court
dany adjudication from which an appeal lies as an appeal from an order
Answer: A
Section 2(2) expressly deems the rejection of a plaint, and the determination of any question within Section 144, to be a decree, while excluding dismissals for default and orders appealable as orders.
Under the proviso to Order VI, Rule 17 of the Code of Civil Procedure, an application for amendment of pleadings made after the trial has commenced shall not be allowed unless the court concludes that
ain spite of due diligence the party could not have raised the matter before the commencement of trial
bthe amendment is necessary for determining the real questions in controversy
cthe amendment does not change the nature of the suit
dno prejudice will be caused to the opposite party
Answer: A
The proviso added by the 2002 Amendment bars post-trial amendments unless the court finds that, despite due diligence, the party could not have raised the matter before trial commenced.
Under Section 89 of the Code of Civil Procedure, a court may refer a dispute for settlement by all of the following modes EXCEPT
aarbitration
bconciliation
ccriminal prosecution
dLok Adalat
Answer: C
Section 89 enumerates five modes of outside-court settlement: arbitration, conciliation, judicial settlement, mediation and Lok Adalat. Criminal prosecution is not among them.
Explanation VIII to Section 11 of the Code of Civil Procedure provides that an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit
anotwithstanding that such court of limited jurisdiction was not competent to try the subsequent suit
bonly between the same parties litigating under the same title in a court of unlimited jurisdiction
conly where the subsequent suit is of the same pecuniary value
donly if that court was also competent to try the subsequent suit
Answer: A
Explanation VIII makes a decision of a court of limited jurisdiction res judicata in a later suit even though that court was not competent to try the later suit, widening the doctrine.
The general power to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate court is conferred on the High Court and the District Court by
aSection 24 of the Code of Civil Procedure
bSection 22 of the Code of Civil Procedure
cSection 23 of the Code of Civil Procedure
dSection 25 of the Code of Civil Procedure
Answer: A
Section 24 vests the High Court and District Court with the general power, on application of a party or suo motu, to transfer or withdraw any suit, appeal or proceeding at any stage.
Under the Bharatiya Nyaya Sanhita, 2023, which one of the following is a new form of punishment that did not figure in the Indian Penal Code, 1860?
aCommunity service
bForfeiture of property
cSolitary confinement
dImprisonment for life
Answer: A
Section 4 of the BNS lists six punishments, adding 'community service' as a new sentencing option not found in Section 53 IPC. Forfeiture of property and imprisonment for life were already recognised under the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the general punishment for murder is contained in:
aSection 300
bSection 103
cSection 101
dSection 302
Answer: B
Section 103 BNS prescribes death or imprisonment for life and fine for murder, replacing Section 302 IPC. Section 101 BNS only states when culpable homicide amounts to murder (old Section 300 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'culpable homicide' is defined in which section?
aSection 99
bSection 101
cSection 100
dSection 105
Answer: C
Section 100 BNS defines culpable homicide (corresponding to old Section 299 IPC). Section 101 deals with when culpable homicide is murder and Section 105 with its punishment when not amounting to murder.
'X', purporting to act under a false promise of marriage made with no intention of fulfilling it, has sexual intercourse with a woman, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, X is liable under:
aSection 63
bSection 74
cSection 64
dSection 69
Answer: D
Section 69 BNS is a new offence punishing sexual intercourse obtained by deceitful means, which expressly includes a false promise of marriage made without intention to fulfil it, where the act does not amount to rape.
The offence of 'snatching', introduced for the first time as a distinct offence separate from theft, finds place in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 303
bSection 305
cSection 304
dSection 309
Answer: C
Section 304 BNS introduces 'snatching' as a distinct offence for the first time, separate from theft (Section 303). It covers the sudden, forcible seizure of movable property.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' committed by or on behalf of a crime syndicate is dealt with under:
aSection 111
bSection 115
cSection 113
dSection 109
Answer: A
Section 111 BNS introduces 'organised crime' as a new offence, covering continuing unlawful activity by a member of an organised crime syndicate. Section 113 deals separately with terrorist acts.
The offence that replaced the law of sedition (old Section 124A IPC), namely an act endangering the sovereignty, unity and integrity of India, is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 147
bSection 197
cSection 152
dSection 150
Answer: C
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India and has effectively replaced sedition under old Section 124A IPC, with punishment of imprisonment for life or up to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, where the death of a woman is caused by burns or bodily injury within seven years of marriage in connection with a demand for dowry, the minimum punishment for dowry death under Section 80 is:
aImprisonment of not less than five years
bImprisonment of not less than seven years
cImprisonment of not less than three years
dImprisonment of not less than ten years
Answer: B
Section 80(2) BNS provides that whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an 'unlawful assembly' when the number of persons composing it, having a common object specified in the section, is:
aFour or more
bThree or more
cTwo or more
dFive or more
Answer: D
Section 189 BNS retains the requirement that an unlawful assembly consist of five or more persons sharing one of the common objects enumerated therein, carrying forward the position under old Section 141 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for rape is principally provided under:
aSection 376
bSection 63
cSection 65
dSection 64
Answer: D
Section 63 BNS defines rape while Section 64 prescribes its punishment, namely rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and fine.
'A', intending to kill 'B', fires at B but the shot misses B and kills 'C', a bystander. The principle under which A is held guilty of the murder of C is best described as:
aDoctrine of common intention
bDoctrine of transferred malice
cDoctrine of last opportunity
dDoctrine of necessity
Answer: B
Under the doctrine of transferred malice, the intention to kill B is transferred to the actual victim C, making A liable for C's murder. This principle is carried into the BNS provisions on culpable homicide and murder.
Under the Bharatiya Nyaya Sanhita, 2023, the general provision declaring that 'nothing is an offence which is done in the exercise of the right of private defence' is contained in:
aSection 34
bSection 38
cSection 96
dSection 100
Answer: A
Section 34 BNS provides that nothing is an offence which is done in the exercise of the right of private defence, corresponding to old Section 96 IPC. Section 38 deals with when that right extends to causing death.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust (formerly scattered across Sections 405-409 IPC) is consolidated and punished, in its general form, under:
aSection 406
bSection 316
cSection 318
dSection 314
Answer: B
Section 316 BNS consolidates the provisions on criminal breach of trust, with the general punishment enhanced to imprisonment up to five years (against three years under old Section 406 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the various forms of cheating earlier found in Sections 417, 418 and 420 IPC have been clubbed together and are now punishable under:
aSection 320
bSection 316
cSection 420
dSection 318
Answer: D
Section 318 BNS consolidates the offence of cheating, with the general punishment increased to imprisonment up to three years (against one year under old Section 417 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of abetment of suicide is dealt with under:
aSection 108
bSection 306
cSection 106
dSection 110
Answer: A
Section 108 BNS penalises abetment of suicide (corresponding to old Section 306 IPC), punishable with imprisonment up to ten years and fine. Section 106 deals with causing death by negligence.
Under the Bharatiya Nyaya Sanhita, 2023, culpable homicide amounting to murder is defined in;
aSection 100
bSection 300
cSection 101
dSection 103
Answer: C
Section 100 BNS defines culpable homicide and Section 101 BNS defines when it amounts to murder (corresponding to the erstwhile Sections 299 and 300 IPC).
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no confession made to a police officer shall be proved as against a person accused of any offence, together with the 'fact discovered' provision, is contained in which Section;
aSection 24
bSection 22
cSection 23
dSection 25
Answer: C
Section 23 BSA bars confessions to a police officer (s.23(1)) and confessions in police custody save in the immediate presence of a Magistrate (s.23(2)), with the proviso to s.23(2) allowing so much of the information as distinctly relates to the fact discovered.
The provision relating to statements of relevant facts by a person who is dead or who cannot be found (including the dying declaration) appears in which Section of the Bharatiya Sakshya Adhiniyam, 2023;
aSection 27
bSection 33
cSection 32
dSection 26
Answer: D
Section 26 BSA carries forward the old Section 32 of the Indian Evidence Act, dealing with relevant statements of persons who are dead, cannot be found, have become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'Opinions of experts' on points of foreign law, science, art, handwriting or finger impressions are made relevant by;
aSection 39
bSection 45
cSection 47
dSection 41
Answer: A
Section 39 BSA corresponds to the old Section 45 of the Indian Evidence Act and renders relevant the opinions of persons specially skilled in foreign law, science, art, handwriting or finger impressions.
The presumption as to dowry death under the Bharatiya Sakshya Adhiniyam, 2023 is contained in Section 118, and the expression 'dowry death' for that purpose carries the meaning assigned in;
aSection 304B of the Indian Penal Code
bSection 85 of the Bharatiya Nyaya Sanhita, 2023
cSection 80 of the Bharatiya Nyaya Sanhita, 2023
dSection 2 of the Dowry Prohibition Act, 1961
Answer: C
Section 118 BSA directs the Court to presume dowry death where cruelty or harassment for dowry is shown soon before death; its Explanation assigns 'dowry death' the same meaning as in Section 80 of the Bharatiya Nyaya Sanhita, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is laid down in;
aSection 140
bSection 139
cSection 137
dSection 134
Answer: B
Section 139 BSA, corresponding to the old Section 134 of the Indian Evidence Act, provides that no particular number of witnesses is required to prove any fact.
'Motive, preparation and previous or subsequent conduct' is dealt with under which Section of the Bharatiya Sakshya Adhiniyam, 2023;
aSection 9
bSection 7
cSection 6
dSection 8
Answer: C
Section 6 BSA, which restates the old Section 8 of the Indian Evidence Act, makes relevant facts showing motive, preparation and previous or subsequent conduct.
Under the Bharatiya Sakshya Adhiniyam, 2023, the definition of 'Admission' is found in;
aSection 16
bSection 2
cSection 15
dSection 21
Answer: C
Section 15 BSA defines an admission as a statement, oral or documentary or contained in electronic form, which suggests an inference as to a fact in issue or relevant fact; it corresponds to the old Section 17 of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, protection of communications made during marriage is provided in;
aSection 132
bSection 128
cSection 126
dSection 134
Answer: B
Section 128 BSA, corresponding to the old Section 122 of the Indian Evidence Act, protects communications made during marriage, which a spouse cannot be compelled to disclose without consent except in suits between the parties.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'primary evidence' is defined in which Section;
aSection 58
bSection 56
cSection 59
dSection 57
Answer: D
Section 57 BSA defines primary evidence as the document itself produced for the inspection of the Court; it corresponds to the old Section 62 of the Indian Evidence Act.
The classification of documents into 'public and private documents' under the Bharatiya Sakshya Adhiniyam, 2023 is set out in;
aSection 74
bSection 77
cSection 80
dSection 75
Answer: A
Section 74 BSA, corresponding to the old Section 74 of the Indian Evidence Act, defines public documents (such as records of acts of sovereign authority, official bodies and public officers) and treats all other documents as private.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side is contained in;
aSection 109
bSection 104
cSection 105
dSection 106
Answer: C
Section 105 BSA, corresponding to the old Section 102 of the Indian Evidence Act, fixes the burden of proof on the party who would fail if no evidence were led on either side.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him, is found in;
aSection 110
bSection 106
cSection 108
dSection 109
Answer: D
Section 109 BSA, corresponding to the old Section 106 of the Indian Evidence Act, places the burden of proving a fact especially within a person's knowledge upon that person.
Under the Bharatiya Sakshya Adhiniyam, 2023, the definition of 'leading question' and the rules regulating its use are contained in;
aSection 143
bSection 142
cSection 146
dSection 149
Answer: C
Section 146 BSA, corresponding to the old Sections 141-143 of the Indian Evidence Act, defines a leading question and regulates when it may be asked in examination-in-chief, cross-examination and re-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision dealing with an 'Accomplice', namely that an accomplice is a competent witness and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice, is contained in;
aSection 138
bSection 137
cSection 139
dSection 140
Answer: A
Section 138 BSA, corresponding to the old Section 133 of the Indian Evidence Act, declares an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; note that the BSA substituted 'corroborated' for the word 'uncorroborated' that appeared in Section 133 IEA.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the special powers of the High Court or Court of Session regarding grant of bail to a person accused of, or suspected of, the commission of any non-bailable offence are contained in:
aSection 480
bSection 478
cSection 483
dSection 484
Answer: C
Section 483 of the BNSS (corresponding to Section 439 of the old CrPC) confers special powers on the High Court and Court of Session as to bail, including the power to grant bail and to cancel bail already granted.
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as emphasised by the Supreme Court, where a police officer proposes to proceed against a person for an offence punishable with imprisonment up to seven years, the general rule is that the officer shall:
aSeek prior sanction of the Superintendent of Police before any action
bObtain an arrest warrant from the jurisdictional Magistrate in every case
cArrest the person and produce him before the Magistrate within 24 hours
dIssue a notice directing the person to appear, arrest being the exception
Answer: D
The Supreme Court has held that under Section 35(3) of the BNSS, for offences punishable with imprisonment up to seven years, issuance of a notice of appearance is the rule and arrest the exception.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where the chargesheet is not filed within the statutory period of 60 or 90 days as the case may be, the accused who is prepared to and does furnish bail becomes entitled to:
aAcquittal under Section 248
bAnticipatory bail under Section 482
cDischarge under Section 250
dDefault (compulsive) bail under Section 187(3)
Answer: D
Section 187(3) of the BNSS confers the indefeasible right to default bail: if the investigation is not completed and the police report not filed within 60 or 90 days, the accused, on furnishing bail, must be released.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a police officer is empowered to arrest without a warrant a person who has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years, the officer is, instead of arresting, required to issue a notice of appearance under;
aSection 35(3)
bSection 41A(1)
cSection 50
dSection 41B
Answer: A
Section 35(3) of the BNSS, 2023 requires the police officer to issue a notice directing the person to appear, rather than arrest, for cognizable offences punishable with up to seven years' imprisonment. (The old CrPC counterpart Section 41A is renumbered.)
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in police custody that a Magistrate may authorise is;
aThirty days in offences punishable with death or imprisonment for life
bSixty days irrespective of the gravity of the offence
cLimited to the first fifteen days of detention as one continuous stretch only
dFifteen days, which may be sought in whole or in parts at any time during the initial forty/sixty/ninety days of the detention period
Answer: D
Unlike the erstwhile CrPC where police custody was confined to the first 15 days, Section 187 BNSS permits the 15 days of police custody to be sought wholly or in parts within the initial 40/60/90-day period of the overall detention.
The order for maintenance of wives, children and parents who are unable to maintain themselves is contained in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023;
aSection 145
bSection 144
cSection 125
dSection 488
Answer: B
Section 144 of the BNSS, 2023 corresponds to the erstwhile Section 125 CrPC dealing with maintenance of wives, children and parents.
A new provision regulating the manner in which an application for mercy in death sentence cases is to be made, including a thirty-day limitation period, has been introduced in the Bharatiya Nagarik Suraksha Sanhita, 2023 under;
aSection 453
bSection 472
cSection 482
dSection 432
Answer: B
Section 472 BNSS is a newly introduced provision governing mercy petitions in death sentence cases; the convict or his relative may petition the President or Governor within thirty days of being informed of the dismissal of appeal/review/SLP.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the High Court and Court of Session to grant direction for grant of bail to a person apprehending arrest (anticipatory bail) is found in;
aSection 438
bSection 482
cSection 478
dSection 483
Answer: B
Section 482 BNSS, 2023 corresponds to the erstwhile Section 438 CrPC dealing with anticipatory bail; the relief is available only for non-bailable offences.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the conduct of a search and the preparation of the list of seized things, and signing of such list by witnesses, is required to be;
aWitnessed by at least two gazetted officers
bConducted only in the presence of a Judicial Magistrate
cPhotographed by a Government-approved photographer only
dRecorded through audio-video electronic means, preferably mobile phone, and forwarded to the Magistrate
Answer: D
Section 105 BNSS mandates that the search and seizure process be recorded by audio-video electronic means, preferably a mobile phone, and the recording forwarded without delay to the District Magistrate/SDM/Magistrate.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial, inquiry or judgment in absentia of a proclaimed offender who has absconded to evade trial is provided for in;
aSection 299
bSection 339
cSection 360
dSection 356
Answer: D
Section 356 BNSS is a new provision permitting trial and judgment in absentia of a proclaimed offender; absconding to evade trial is deemed a waiver of the right to be present, and the court records reasons before proceeding.
Under Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer may, keeping in view the nature and gravity of the offence, use handcuffs while effecting the arrest of a person. Which of the following is NOT one of the categories of offenders against whom handcuffs are expressly permitted;
aA person who has committed an offence of organised crime
bA person accused of an ordinary cheating offence punishable with up to one year
cA habitual or repeat offender who has escaped from custody
dA person who has committed an offence of acid attack
Answer: B
Section 43(3) BNSS lists specified categories such as habitual/repeat offenders who escaped, organised crime, terrorist acts, drug crimes, illegal arms, murder, rape, acid attack, human trafficking, etc. An ordinary minor cheating offence is not within the listed categories.
Under the proviso to Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the inquiry or trial relates to an offence of rape and certain other sexual offences under the Bharatiya Nyaya Sanhita, the trial shall be completed within;
aSix months from the date of registration of FIR
bTwo months from the date of filing of the chargesheet
cOne year from the date of framing of charge
dThree months from the date of cognizance
Answer: B
The proviso to Section 346 BNSS requires that where the trial relates to offences such as those under Sections 64-71 BNS (rape, etc.), the inquiry or trial be completed within two months from the date of filing of the chargesheet.
Under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the time which a proclamation against an absconding person must allow for his appearance shall not be less than;
aForty-five days
bTwenty-one days
cThirty days
dFifteen days
Answer: C
Section 84 BNSS requires the proclamation to require the absconder to appear at a specified place and time not less than thirty days from the date of publishing the proclamation.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be registered at any police station. This recognition of a 'Zero FIR' is reflected by which feature;
aElectronic FIRs are barred and only written FIRs are permitted
bInformation may be given orally or by electronic communication and registered regardless of territorial jurisdiction
cA Zero FIR can be registered only with prior permission of the Magistrate
dOnly the police station within whose jurisdiction the offence occurred can register the information
Answer: B
Section 173 BNSS allows information of a cognizable offence to be given electronically and registered irrespective of territorial jurisdiction (Zero FIR), with subsequent transfer to the appropriate police station.
Which one of the following is NOT one of the three protections guaranteed to an accused person under Article 20 of the Constitution;
aProtection against self-incrimination
bProtection against ex post facto law
cRight to be produced before a Magistrate within twenty-four hours
dProtection against double jeopardy
Answer: C
Article 20 guarantees protection against ex post facto laws (cl.1), double jeopardy (cl.2) and self-incrimination (cl.3). The right to be produced before a Magistrate within twenty-four hours flows from Article 22, not Article 20.
Which one of the following is NOT a ground specified in Article 19(2) on which the State may impose reasonable restrictions on the freedom of speech and expression;
aSovereignty and integrity of India
bPublic policy
cPublic order
dDecency or morality
Answer: B
Article 19(2) permits reasonable restrictions on grounds such as sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence. "Public policy" is not an enumerated ground.
Article 17 of the Constitution, abolishing "untouchability" and forbidding its practice in any form, declares that enforcement of any disability arising out of untouchability shall be;
aA civil wrong actionable only in tort
bA mere violation of a fundamental right, with no penal consequence
cAn offence punishable in accordance with law
dA matter left entirely to State legislation
Answer: C
Article 17 abolishes untouchability and expressly provides that enforcement of any disability arising out of it shall be an offence punishable in accordance with law. Parliament gave effect to this through the Protection of Civil Rights Act, 1955.
Whether a Bill is a "Money Bill" for the purposes of the Constitution is decided, and the certificate to that effect is endorsed, by;
aThe Chairman of the Council of States (Rajya Sabha)
bThe Speaker of the House of the People (Lok Sabha)
cThe President of India
dThe Attorney-General for India
Answer: B
Under Article 110(3), if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of the People is final, and the Speaker certifies it as such under Article 110(4). A Money Bill can be introduced only in the Lok Sabha.
Under Article 280 of the Constitution, the Finance Commission is constituted by the President at intervals of;
aEvery five years or earlier if the President considers it necessary
bEvery three years
cEvery ten years
dEvery two years
Answer: A
Article 280 requires the President to constitute a Finance Commission at the expiration of every fifth year, or at such earlier time as he considers necessary. It recommends the distribution of tax proceeds between the Union and the States.
The charge for the impeachment of the President of India, on the ground of violation of the Constitution, may under Article 61 be preferred by;
aOnly the Council of States (Rajya Sabha)
bOnly the House of the People (Lok Sabha)
cA joint sitting of both Houses summoned by the President
dEither House of Parliament
Answer: D
Article 61 provides that when the President is to be impeached for violation of the Constitution, the charge may be preferred by either House of Parliament. The resolution must be passed by a majority of not less than two-thirds of the total membership of that House.
A constitutional amendment Bill which seeks to alter the manner of election of the President, or the provisions of Article 368 itself, must, in addition to being passed by the special majority of Parliament, be ratified by;
aNot less than two-thirds of the State Legislatures
bThe Rajya Sabha alone by a special majority
cNot less than one-half of the State Legislatures by a resolution passed by a simple majority
dAll the State Legislatures by a resolution passed by a special majority
Answer: C
The proviso to Article 368(2) requires ratification by the Legislatures of not less than one-half of the States by a resolution passed by a simple majority, for entrenched federal provisions including Article 368 itself.
The doctrine that Parliament cannot, by amendment, damage or destroy the 'basic structure' of the Constitution was propounded by the Supreme Court in;
aMinerva Mills v. Union of India
bKesavananda Bharati v. State of Kerala (1973)
cShankari Prasad v. Union of India
dGolak Nath v. State of Punjab
Answer: B
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, by a 7:6 majority, laid down the basic structure doctrine limiting the amending power under Article 368.
Even during the operation of a Proclamation of Emergency, the President cannot, by an order under Article 359, suspend the right to move a court for the enforcement of the rights conferred by;
aArticles 19 and 22
bArticles 14 and 19
cArticles 20 and 21
dArticles 21 and 22
Answer: C
After the 44th Amendment Act, 1978, Article 359 expressly excludes Articles 20 and 21 from suspension, so these rights remain enforceable even during an Emergency.
The jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 chiefly because Article 226 permits issuance of writs;
aOnly for the enforcement of Fundamental Rights
bOnly with the prior sanction of the President
cOnly against the State and not against private persons
dFor the enforcement of Fundamental Rights and 'for any other purpose'
Answer: D
The expression 'and for any other purpose' in Article 226, absent in Article 32, enables High Courts to issue writs for the enforcement of ordinary legal rights as well, making their jurisdiction wider.
The words 'Socialist', 'Secular' and 'and integrity' were inserted into the Preamble of the Constitution by;
aThe 42nd Amendment Act, 1976
bThe 25th Amendment Act, 1971
cThe 44th Amendment Act, 1978
dThe 24th Amendment Act, 1971
Answer: A
The Constitution (42nd Amendment) Act, 1976 amended the Preamble to add the words 'Socialist', 'Secular' and 'and integrity' (in 'unity and integrity of the Nation').
Under Article 61 of the Constitution, a resolution to prefer a charge for the impeachment of the President must be passed by;
aA majority of two-thirds of the members present and voting only
bA simple majority of the House in which it is moved
cA majority of not less than two-thirds of the total membership of the House in which it is moved
dBoth Houses sitting jointly by a simple majority
Answer: C
Article 61(3) requires the resolution preferring the impeachment charge to be passed by a majority of not less than two-thirds of the total membership of that House.
Under Section 3(f)(i) of the Hindu Marriage Act, 1955, sapinda relationship extends, counting upwards from the person concerned, to the ______ generation in the line of ascent through the mother and the ______ generation in the line of ascent through the father;
aFourth; sixth
bFifth; third
cThird; fifth
dSecond; fourth
Answer: C
Section 3(f)(i) fixes sapinda relationship at the third generation (inclusive) through the mother and the fifth generation (inclusive) through the father, the person concerned being the first generation.
A petition under Section 13(1A) of the Hindu Marriage Act, 1955 for dissolution of marriage may be presented where there has been no resumption of cohabitation after a decree for judicial separation for a period of;
aSix months or upwards
bTwo years or upwards
cOne year or upwards
dThree years or upwards
Answer: C
Section 13(1A)(i), as amended by Act 68 of 1976, reduced the period to one year or upwards of non-resumption of cohabitation after a decree for judicial separation.
Under Section 13B of the Hindu Marriage Act, 1955, the motion of both parties for a decree of divorce by mutual consent must be made;
aAt any time after presentation of the petition
bNot earlier than six months and not later than eighteen months after presentation of the petition
cNot earlier than one year and not later than two years after presentation of the petition
dNot earlier than three months and not later than one year after presentation of the petition
Answer: B
Section 13B(2) requires the second motion to be made not earlier than six months and not later than eighteen months after the date of presentation of the joint petition.
Under Section 13B(1) of the Hindu Marriage Act, 1955, a joint petition for divorce by mutual consent requires that the parties have been living separately for a period of;
aTwo years or more
bOne year or more
cThree years or more
dSix months or more
Answer: B
Section 13B(1) requires that the parties have been living separately for one year or more, are unable to live together, and have mutually agreed that the marriage should be dissolved.
Under Section 12(2)(a) of the Hindu Marriage Act, 1955, a petition to annul a voidable marriage on the ground that consent was obtained by fraud or force shall not be entertained if it is presented more than ______ after the force ceased to operate or the fraud was discovered;
aThree years
bOne year
cSix months
dTwo years
Answer: B
Section 12(2)(a)(i) bars a nullity petition on the ground of fraud or force where it is presented more than one year after the force ceased to operate or the fraud was discovered.
Under the proviso to Section 13(2)(iv) of the Hindu Marriage Act, 1955, a wife may seek divorce where her marriage was solemnised before she attained the age of fifteen years and she repudiated the marriage after attaining that age but before attaining the age of;
aSeventeen years
bTwenty-one years
cSixteen years
dEighteen years
Answer: D
Section 13(2)(iv) gives the wife the special ground (option of puberty) where she repudiated a marriage solemnised before fifteen years, after attaining fifteen but before attaining eighteen years.
Under Section 14 of the Hindu Marriage Act, 1955, ordinarily no petition for divorce shall be entertained by any court unless, at the date of presentation of the petition, the following period has elapsed since the date of marriage;
aTwo years
bSix months
cThree years
dOne year
Answer: D
Section 14 bars a divorce petition unless one year has elapsed since the date of marriage, save where the High Court permits earlier presentation on grounds of exceptional hardship or depravity.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male Hindu adopts a female child, the adoptive father must be older than the child to be adopted by at least;
aTwenty-one years
bEighteen years
cTwenty-five years
dFifteen years
Answer: A
Section 11(iii) requires that where a male adopts a female (or a female adopts a male), the adoptive parent be at least twenty-one years older than the child being adopted.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu intending to adopt a son must not have a living;
aBrother at the time of adoption
bSon, son's son or son's son's son at the time of adoption
cDaughter only at the time of adoption
dFather at the time of adoption
Answer: B
Section 11(i) prohibits adoption of a son if the adoptive parent has a living son, son's son or son's son's son (legitimate or by adoption) at the time of adoption.
Following the substitution of Section 6 of the Hindu Succession Act, 1956 by the 2005 Amendment, the position regarding a daughter in a Mitakshara coparcenary, as settled in Vineeta Sharma v. Rakesh Sharma (2020), is that;
aShe becomes a coparcener only if her father was alive on 9 September 2005
bShe acquires only a right to maintenance, not a coparcenary interest
cShe becomes a coparcener only if she was unmarried on 9 September 2005
dShe becomes a coparcener by birth in her own right, and her father need not be alive on 9 September 2005
Answer: D
Vineeta Sharma v. Rakesh Sharma held that the daughter's coparcenary right under amended Section 6 is by birth, so the coparcener father need not have been alive on 9 September 2005; it overruled Prakash v. Phulavati.
Under the Schedule to the Hindu Succession Act, 1956 read with Section 8, which of the following is NOT a Class I heir of a male Hindu dying intestate;
aMother
bFather
cWidow
dDaughter
Answer: B
Under Section 8 and the Schedule, the mother, widow and daughter are Class I heirs, but the father is only a Class II heir of a male Hindu.
The State of Haryana came into existence as a separate State on 1st November 1966 by virtue of which legislation?
aThe States Reorganisation Act, 1956
bThe North-Eastern Areas (Reorganisation) Act, 1971
cThe Haryana Formation Act, 1966
dThe Punjab Reorganisation Act, 1966
Answer: D
Haryana was carved out of the erstwhile State of (East) Punjab and came into being on 1 November 1966 under the Punjab Reorganisation Act, 1966; the same Act made Chandigarh a Union Territory and common capital.
The High Court of Punjab and Haryana, the common High Court for Punjab, Haryana and Chandigarh, has its seat at
aShimla
bAmbala
cPatiala
dChandigarh
Answer: D
The High Court of Punjab and Haryana is located at Chandigarh and exercises jurisdiction over the States of Punjab and Haryana and the Union Territory of Chandigarh.
Under the Haryana Official Language Act, 1969, the official language of the State of Haryana is
aPunjabi
bHaryanvi
cHindi
dEnglish
Answer: C
Hindi is the sole official language of Haryana under the Haryana Official Language Act, 1969; Punjabi was later given the status of second official language.
The Nobel Peace Prize for the year 2025 was awarded to
aMaria Ressa
bMaria Corina Machado
cNarges Mohammadi
dNihon Hidankyo
Answer: B
The 2025 Nobel Peace Prize was awarded to Venezuelan opposition leader Maria Corina Machado for her work promoting democratic rights and a peaceful transition to democracy in Venezuela.
The G20 Leaders' Summit at which the 'New Delhi Leaders' Declaration' was unanimously adopted was held in September of which year?
a2021
b2024
c2022
d2023
Answer: D
India hosted the G20 Leaders' Summit in New Delhi on 9-10 September 2023, where the New Delhi Leaders' Declaration was unanimously adopted under the theme 'Vasudhaiva Kutumbakam'.
Under Section 27 of the Indian Contract Act, every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind is;
aValid only if supported by consideration
bValid if the restraint is reasonable
cVoid to that extent
dVoidable at the option of the restrained party
Answer: C
Section 27 declares such agreements void to the extent of the restraint; unlike English law, the Indian provision does not turn on the reasonableness of the restraint, subject only to the statutory exception of sale of goodwill.
The liability of the surety under a contract of guarantee is, by virtue of Section 128 of the Indian Contract Act, in the absence of a contract to the contrary;
aConfined to the security furnished by the principal debtor
bSecondary and arises only after the creditor exhausts remedies against the principal debtor
cLimited to half that of the principal debtor
dCo-extensive with that of the principal debtor
Answer: D
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.
Under Section 124 of the Indian Contract Act, a contract of indemnity protects the promisee against loss caused;
aBy the conduct of the promisor himself or by the conduct of any other person
bBy any accident or act of God
cOnly by the conduct of a third person
dOnly by the conduct of the promisor himself
Answer: A
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person.
Which of the following classes of persons is NOT expressly entitled to a general lien under Section 171 of the Indian Contract Act?
aFactors
bPawnees
cBankers
dPolicy-brokers
Answer: B
Section 171 confers a general lien (in the absence of a contract to the contrary) on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a pawnee's lien is a particular lien under Section 174, not a general lien under Section 171.
A contracts to sing for B at a concert for Rs. 1,000, paid in advance by B. A is too ill to sing. The contract;
aStands suspended until A recovers from the illness
bIs voidable at the option of B only
cBecomes void and A must repay the Rs. 1,000 received in advance
dRemains valid and A is liable in damages for breach
Answer: C
Under Section 56, A's illness renders performance impossible and the contract becomes void; under Section 65, A, having received an advantage under the agreement now found void, is bound to restore the Rs. 1,000.
Where the parties to a contract agree to substitute a new contract for the old one, with the result that the original contract need not be performed, the process is known as;
aRescission
bWaiver
cRemission
dNovation
Answer: D
Section 62 provides that if the parties agree to substitute a new contract for the original, the original contract need not be performed; this substitution is novation.
On the sale of the goodwill of a firm after dissolution, an agreement by the seller with the buyer that the seller will not carry on a similar business within specified local limits is;
aValid only if the restraint is unlimited as to time and place
bWholly void as an agreement in restraint of trade under Section 27 of the Contract Act
cValid if the restrictions imposed are reasonable, notwithstanding Section 27 of the Contract Act
dVoid unless registered with the Registrar of Firms
Answer: C
Section 55(3) permits the seller of goodwill to agree with the buyer not to carry on a similar business within specified periods or local limits, and such an agreement is valid if the restrictions are reasonable, operating as an exception to Section 27 of the Contract Act.
Which one of the following suits is NOT barred by Section 69 of the Indian Partnership Act, 1932 even though the firm is unregistered?
aA suit for the dissolution of a firm or for accounts of a dissolved firm
bA suit by the firm against a third party to enforce a right arising from a contract
cA suit by a partner against the firm to enforce a right arising from a contract
dA suit by a partner against another partner to enforce a contractual right
Answer: A
Section 69(3)(a) expressly saves a suit for the dissolution of a firm or for accounts of a dissolved firm (and for realising the property of a dissolved firm) from the bar on suits by unregistered firms.
The provision prescribing the mode of giving public notice under the Indian Partnership Act, 1932 (for example, on retirement of a partner) is contained in;
aSection 72
bSection 69
cSection 63
dSection 58
Answer: A
Section 72 prescribes the mode of giving public notice, which (where the firm is registered) requires notice to the Registrar of Firms and publication in the Official Gazette and a local newspaper.
Under Section 4 of the Indian Partnership Act, 1932, 'partnership' is defined as the relation between persons who have agreed to share the profits of a business carried on by;
aA managing partner acting for himself
bAll or any of them acting for all
cAll of them only
dAny one of them only
Answer: B
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; this 'acting for all' element embodies mutual agency.
The general rule that no one can give a better title to goods than he himself has — 'nemo dat quod non habet' — is embodied in the Sale of Goods Act, 1930 in;
aSection 23
bSection 30
cSection 27
dSection 19
Answer: C
Section 27 enacts the nemo dat rule, subject to exceptions; its proviso protects a buyer in good faith who buys from a mercantile agent in possession of goods with the owner's consent.
Under the proviso to Section 27 of the Sale of Goods Act, 1930, a sale by a mercantile agent in possession of goods or documents of title with the owner's consent passes a good title to the buyer, provided the buyer;
aActs in good faith and has no notice at the time of the contract that the seller has no authority to sell
bHas obtained the owner's prior written consent
cIs himself a mercantile agent
dHas paid the full price in cash
Answer: A
The proviso to Section 27 protects a buyer who acts in good faith and, at the time of the contract, has no notice that the mercantile agent had no authority to sell; the agent must have been acting in the ordinary course of business.
An unpaid seller's right of stoppage of goods in transit, exercisable when the buyer becomes insolvent, is conferred by which provisions of the Sale of Goods Act, 1930?
aSections 31 to 33
bSections 47 to 49
cSections 50 to 52
dSections 55 to 57
Answer: C
Sections 50 to 52 deal with the unpaid seller's right of stoppage in transit; the lien is governed by Sections 47 to 49, and Section 54 confers the right of resale.
Under Section 27 of the Limitation Act, 1963, at the determination of the period limited for a person to institute a suit for possession of any property;
aThe court may condone the delay and restore the right
bHis right to such property is extinguished
cThe right revives if he files a fresh suit within three years
dOnly the remedy is barred but his right to the property survives
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy; on expiry of the period to sue for possession of any property, the person's right to that property is itself extinguished.
The period of limitation prescribed by Article 65 of the Schedule to the Limitation Act, 1963, for a suit for possession of immovable property based on title, is twelve years computed from;
aWhen the possession of the defendant becomes adverse to the plaintiff
bThe date of the plaintiff's dispossession
cWhen the plaintiff first acquires title to the property
dThe date of execution of the title deed
Answer: A
Article 65 prescribes twelve years for a suit for possession of immovable property based on title, the time running from when the defendant's possession becomes adverse to the plaintiff.
A suit by a person dispossessed of immovable property who sues to recover possession on the basis of previous possession (and not on title), under Article 64 of the Schedule, must be brought within;
aThree years from the date of dispossession
bTwelve years from when the defendant's possession became adverse
cSix months from the date of dispossession
dTwelve years from the date of dispossession
Answer: D
Article 64 of the Schedule prescribes twelve years for a possessory suit based on previous possession (not title), running from the date of dispossession; the suit under Section 6 of the Specific Relief Act (six months) is a distinct summary remedy.
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may grant a:
aMandatory injunction under Section 39
bDeclaratory decree under Section 34
cTemporary injunction under Section 37
dPreventive injunction under Section 36
Answer: A
Section 39 provides for a mandatory injunction, by which the court compels the performance of acts necessary to prevent the breach of an obligation, in its discretion.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted in which of the following situations?
aTo restrain a continuing breach which the plaintiff has not acquiesced in
bTo restrain a person from instituting or prosecuting any proceeding in a criminal matter
cTo enforce a contract for the supply of goods for which no substitute is available
dTo protect a registered trademark from infringement
Answer: B
Section 41(d) bars an injunction to restrain any person from instituting or prosecuting any proceeding in a criminal matter; an injunction to prevent a continuing breach is, by contrast, available where the plaintiff has not acquiesced.
Under Section 34 of the Specific Relief Act, 1963, a person entitled to any legal character may sue for a declaration. The proviso to Section 34 bars such a declaration where:
aThe defendant denies the plaintiff's title
bThe suit relates to movable property
cThe plaintiff is in possession of the property
dThe plaintiff, being able to seek further relief than a mere declaration of title, omits to do so
Answer: D
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to seek it.
Under Muslim law, a Muslim can bequeath by will (wasiyat), without the consent of the heirs, a maximum of;
aOne-half of his property
bOne-third of his property
cTwo-thirds of his property
dThe whole of his property
Answer: B
A Muslim cannot bequeath more than one-third of his net estate without the consent of his heirs; any excess bequest requires their consent and is otherwise valid only to the extent of one-third.
Under Section 3 of the Waqf Act, 1995, 'waqf' means the permanent dedication by any person of;
aOnly immovable property for charitable purposes
bOnly movable property for religious purposes
cProperty dedicated solely for the benefit of the dedicator's family
dAny movable or immovable property for any purpose recognised by Muslim law as pious, religious or charitable
Answer: D
The Waqf Act, 1995 defines waqf as the permanent dedication of any movable or immovable property for any purpose recognised by Muslim law as pious, religious or charitable.
When the total of the specified fractional shares of the sharers in a Muslim estate exceeds unity, the shares are proportionately reduced by applying the doctrine of;
aTanqih
bRadd (Return)
cAul (Increase)
dHiba-bil-iwaz
Answer: C
The doctrine of Aul applies where the sum of the prescribed shares exceeds unity; the shares are rateably reduced so that their total equals unity.
By virtue of the proviso to Section 49 of the Registration Act, 1908, an unregistered document affecting immovable property and required to be registered may nevertheless be received as evidence of;
aThe transfer of title in the immovable property
bThe creation of a charge over the property
cNothing at all, the bar being absolute
dA contract in a suit for specific performance, or of any collateral transaction not required to be effected by registered instrument
Answer: D
The proviso to Section 49 permits an unregistered document to be received as evidence of a contract in a suit for specific performance under the Specific Relief Act, or as evidence of a collateral transaction not required to be effected by a registered instrument.
Under Section 47 of the Registration Act, 1908, a registered document operates;
aFrom the date of its registration
bFrom the date the registering officer makes the endorsement under Section 60
cFrom the time from which it would have commenced to operate if no registration had been required or made
dFrom the date of its presentation to the registering officer
Answer: C
Section 47 declares that a registered document operates from the time it would have commenced to operate had no registration been required or made, and not from the time of its registration.
An appeal against an order passed by the Controller is to be preferred to the appellate authority under Section 15(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 within;
aThirty days from the date of the order
bNinety days from the date of the order
cFifteen days from the date of the order
dSixty days from the date of the order
Answer: A
Section 15(2) provides that an aggrieved person may appeal within thirty days of the Controller's order (extendable for recorded reasons), excluding the time taken to obtain a certified copy.
The principle of absolute liability, dispensing with the exceptions available under the rule in Rylands v. Fletcher for enterprises engaged in hazardous or inherently dangerous activities, was evolved by the Supreme Court of India in;
aIndian Council for Enviro-Legal Action v. Union of India
bVishaka v. State of Rajasthan
cRural Litigation and Entitlement Kendra v. State of U.P.
dM.C. Mehta v. Union of India (Oleum Gas Leak case)
Answer: D
In M.C. Mehta v. Union of India (1987), arising from the oleum gas leak, the Supreme Court evolved the rule of absolute liability for hazardous enterprises, holding such liability is not subject to the exceptions in Rylands v. Fletcher.
The neighbour principle, that one must take reasonable care to avoid acts or omissions which one can reasonably foresee would be likely to injure one's neighbour, was enunciated by Lord Atkin in;
aDonoghue v. Stevenson
bWilkinson v. Downton
cRylands v. Fletcher
dHedley Byrne v. Heller
Answer: A
In Donoghue v. Stevenson (1932), Lord Atkin laid down the 'neighbour principle', establishing the modern tort of negligence and the duty of care owed to one's neighbour in law.
Under Section 42 of the Punjab Courts Act, 1918, no second appeal lies in any suit of a nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed:
aRupees five hundred
bRupees three thousand
cRupees one thousand
dRupees five thousand
Answer: A
Section 42(2) bars a second appeal in any suit of the nature cognizable by Courts of Small Causes where the value of the original suit does not exceed five hundred rupees.
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