Haryana Judiciary Mock Test 7 — Questions & Solutions
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A second appeal under Section 100 of the Code of Civil Procedure, 1908 to the High Court lies
aOn a question of fact alone
bOnly if the case involves a substantial question of law
cAs a matter of right on any ground whatsoever
dOn a mixed question of law and fact
Answer: B
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court at the time of admission.
The provisions of Section 10 of the Code of Civil Procedure (stay of suit / res sub judice) are
aMandatory, barring the trial of a subsequently instituted suit in which the matter in issue is directly and substantially the same
bDiscretionary, the Court being free to try both suits simultaneously
cDirectory only
dApplicable only where the parties consent to the stay
Answer: A
Section 10 CPC is mandatory in its terms ('shall not proceed'); the trial of the later suit is barred where the matter in issue is directly and substantially the same as in a previously instituted pending suit between the same parties.
Under Order VIII, Rule 1 of the Code of Civil Procedure, the outer limit of ninety days for filing the written statement, as interpreted by the Supreme Court for ordinary (non-commercial) suits, is
aApplicable only to suits against the Government
bDirectory, the Court retaining discretion to permit filing beyond ninety days in exceptional cases for recorded reasons
cMandatory, so that no written statement can be received thereafter
dA period that can never be extended beyond thirty days
Answer: B
For ordinary suits the outer limit of ninety days in Order VIII Rule 1 has been held directory; the Court may, in exceptional situations and for reasons to be recorded, permit a written statement to be filed thereafter (the position is stricter only for commercial suits).
A caveat lodged under Section 148-A of the Code of Civil Procedure, where no application is made by the applicant within the prescribed period, remains in force for
a90 days from the date of its lodging
b60 days from the date of its lodging
c30 days from the date of its lodging
dUntil the disposal of the suit
Answer: A
Under Section 148-A(5) CPC, a caveat remains in force for ninety days from the date on which it was lodged, unless an application referred to in sub-section (1) is made before the expiry of that period.
bCan oust the jurisdiction of a Court which alone has jurisdiction in law
cCan confer jurisdiction on a Court which otherwise has none in law
dCan, where two or more Courts have jurisdiction in law, agree to confine litigation to one of them
Answer: D
Consent cannot confer jurisdiction where none exists, nor oust jurisdiction validly vested; but where two or more Courts have jurisdiction, an agreement confining the suit to one of them is valid and enforceable.
Where a sole defendant dies and the right to sue survives, an application to bring the legal representatives of the deceased on record under Order XXII of the Code of Civil Procedure must ordinarily be made within
a60 days of the death
b6 months of the death
c30 days of the death
d90 days of the death
Answer: D
Under Order XXII read with the Limitation Act, an application for substitution of legal representatives must be made within ninety days of the death; on failure, the suit abates as against the deceased, subject to setting aside of abatement.
An application for amendment of pleadings under Order VI, Rule 17 of the Code of Civil Procedure (as amended in 2002) shall not be allowed after the trial has commenced
aUnder any circumstances
bUnless the suit is one for specific performance
cUnless the Court concludes that in spite of due diligence the party could not have raised the matter before commencement of trial
dUnless the opposite party consents in writing
Answer: C
The proviso to Order VI Rule 17 CPC bars post-commencement amendments unless the Court is satisfied that, despite due diligence, the party could not have raised the matter before the trial began.
In execution proceedings, the general rule is that the executing Court cannot go behind the decree. An exception recognised is where
aThe decree has been passed by a Court wholly without jurisdiction and is a nullity
bThe decree is more than twelve years old
cThe judgment-debtor has acquired fresh defences after the decree
dThe decree appears to the executing Court to be erroneous on merits
Answer: A
An executing Court must take the decree as it stands and cannot question its correctness; the recognised exception is where the decree is a nullity, having been passed by a Court wholly lacking inherent jurisdiction.
The general power to transfer and withdraw suits, appeals and other proceedings from one Court subordinate to it to another such Court is conferred on the High Court and the District Court by
aSection 22 of the Code of Civil Procedure
bSection 23 of the Code of Civil Procedure
cSection 24 of the Code of Civil Procedure
dSection 25 of the Code of Civil Procedure
Answer: C
Section 24 CPC confers a general power on the High Court and the District Court, on application of a party or suo motu, to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate Court.
Where a suit has been dismissed under Order IX, Rule 8 of the Code of Civil Procedure for default of appearance of the plaintiff, a fresh suit on the same cause of action
aIs not barred and may be freely instituted
bIs barred only if the defendant had appeared
cIs barred, the plaintiff's only remedy being an application under Order IX, Rule 9 to set aside the dismissal
dMay be instituted only with the leave of the High Court
Answer: C
Order IX, Rule 9 CPC bars a fresh suit on the same cause of action after dismissal under Rule 8; the plaintiff's remedy is to apply for setting aside the dismissal on showing sufficient cause.
Notice under Section 80 of the Code of Civil Procedure, before institution of a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, is
aA mere formality which the Court may dispense with at will
bRequired only in suits for recovery of money
cRequired only where the suit is filed in the High Court
dMandatory, though leave to sue without serving notice may be granted under Section 80(2) in cases requiring urgent or immediate relief
Answer: D
Service of a two months' notice under Section 80(1) CPC is mandatory; however Section 80(2) permits the Court to grant leave to institute the suit without such notice where urgent or immediate relief is sought, after hearing the Government or officer.
A decision on a pure question of law unrelated to the facts giving rise to a cause of action
aOperates as res judicata only if rendered by the High Court
bMay not operate as res judicata, since an erroneous decision on a question of law not connected with the facts in issue does not bar a fresh determination
cShall never operate as res judicata
dShall always operate as res judicata in a subsequent suit
Answer: B
Res judicata under Section 11 CPC generally bars re-agitation; but a decision on a pure question of law, especially one rendered erroneously and unconnected with the facts of the cause of action, does not necessarily operate as res judicata in a subsequent suit.
Under the proviso to Order VI, Rule 17 of the Code of Civil Procedure, an application for amendment of pleadings made after the commencement of trial shall NOT be allowed unless the Court concludes that:
athe amendment does not change the basic nature of the suit
bthe opposite party has no objection to the proposed amendment
cthe amendment is necessary for determining the real question in controversy
din spite of due diligence the party could not have raised the matter before the commencement of trial
Answer: D
The proviso to Order VI Rule 17 (inserted in 2002) bars post-trial amendments unless the Court finds that despite due diligence the party could not have raised the matter earlier. This was affirmed in Salem Advocate Bar Association v. Union of India.
Under Section 96(4) of the Code of Civil Procedure, no appeal lies except on a question of law from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed:
arupees three thousand
brupees five thousand
crupees twenty-five thousand
drupees ten thousand
Answer: D
Section 96(4) bars an appeal except on a question of law from a small-cause-nature decree where the value of the subject-matter does not exceed ten thousand rupees.
Under Section 102 of the Code of Civil Procedure, no second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed:
arupees ten thousand
brupees fifteen thousand
crupees fifty thousand
drupees twenty-five thousand
Answer: D
Section 102 (as amended in 2002) bars a second appeal in small-cause-nature suits where the subject-matter value does not exceed twenty-five thousand rupees.
A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court only if the case involves:
aan error of fact apparent on the face of the record
ba substantial question of law
ca mixed question of law and fact
dany question of law, whether substantial or not
Answer: B
Section 100, as amended, permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court.
Under Order VIII, Rule 1 of the Code of Civil Procedure, the defendant is required to present his written statement within thirty days from the date of service of summons, which the Court may, for reasons recorded, extend but in no case beyond:
aone hundred twenty days from the date of service of summons
bsixty days from the date of service of summons
cninety days from the date of service of summons
done hundred fifty days from the date of service of summons
Answer: C
Order VIII Rule 1 fixes thirty days for filing the written statement, extendable for recorded reasons but not later than ninety days from the date of service of summons.
Section 152 of the Bharatiya Nyaya Sanhita, 2023, which penalises acts endangering the sovereignty, unity and integrity of India, is the provision that broadly replaces which repealed IPC offence?
aSedition (Section 124A IPC)
bImputations prejudicial to national integration (Section 153B IPC)
cWaging war against the Government of India (Section 121 IPC)
dPromoting enmity between groups (Section 153A IPC)
Answer: A
Section 152 BNS penalising subversive/separatist activities endangering the sovereignty, unity and integrity of India is regarded as the provision that broadly replaces the repealed offence of sedition under Section 124A IPC.
Under the Bharatiya Nyaya Sanhita, 2023, having sexual intercourse with a woman by a false promise to marry, made without any intention of fulfilling it, not amounting to rape, is punishable under:
aSection 64
bSection 69
cSection 63
dSection 74
Answer: B
Section 69 BNS is a wholly new provision making sexual intercourse by deceitful means, including a false promise to marry, punishable with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under what age (absolute immunity)?
aSeven years
bFourteen years
cTen years
dTwelve years
Answer: A
Section 20 BNS (corresponding to old Section 82 IPC) grants absolute immunity to a child under seven years of age, the law conclusively presuming incapacity to form mens rea.
Under Section 21 of the Bharatiya Nyaya Sanhita, 2023, a child is exempt from criminal liability if, being above seven and under twelve years of age, the child:
aActed under the instructions of a guardian
bActed without any intention
cWas of unsound mind
dHas not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion
Answer: D
Section 21 BNS (old Section 83 IPC) provides qualified immunity (doli incapax) to a child above seven and under twelve who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust is now punishable with imprisonment which may extend to:
aTen years
bSeven years
cThree years
dFive years
Answer: D
Criminal breach of trust under Section 316 BNS now carries punishment of up to five years (raised from three years under Section 406 IPC), along with fine.
Which of the following correctly maps the BNS section to the offence it deals with?
aSection 303 — Cheating
bSection 316 — Criminal breach of trust
cSection 318 — Defamation
dSection 356 — Theft
Answer: B
Under the BNS, theft is Section 303, criminal breach of trust is Section 316, cheating is Section 318, and defamation is Section 356; thus only option (b) is correctly matched.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing the death of the assailant in the circumstances enumerated under:
aSection 44
bSection 34
cSection 38
dSection 35
Answer: C
Section 38 BNS (corresponding to old Section 100 IPC) enumerates the situations, such as reasonable apprehension of death, grievous hurt, rape, kidnapping, or acid attack, in which the right of private defence of body extends to causing death.
Section 113 of the Bharatiya Nyaya Sanhita, 2023, for the first time incorporates into the general penal law the offence of:
aPetty organised crime
bSedition
cOrganised crime
dTerrorist act
Answer: D
Section 113 BNS brings the offence of 'terrorist act' into the general criminal code for the first time, covering acts threatening the unity, integrity, sovereignty, security or economic security of India.
A child below twelve years dies after consuming poison administered by his aunt 'A', who instigated him to drink it knowing he could not appreciate its nature. Under the Bharatiya Nyaya Sanhita, 2023, the abetment of suicide of a child or a person of unsound mind is specifically dealt with under:
aSection 108
bSection 106
cSection 111
dSection 107
Answer: D
Section 107 BNS (corresponding to old Section 305 IPC) specifically deals with abetment of suicide of a child or a person of unsound mind, while Section 108 covers abetment of suicide generally.
Under the Bharatiya Nyaya Sanhita, 2023, snatching has been introduced as a distinct offence, separate from theft. The offence of snatching is dealt with in;
aSection 303
bSection 308
cSection 304
dSection 305
Answer: C
Snatching is a new offence carved out by Section 304 BNS; theft is defined in Section 303. Snatching involves suddenly or quickly or forcibly seizing, securing, grabbing or running away with movable property.
A, intending to murder Z, induces B, a child under seven years of age, to put poison into Z's food, telling B that the powder is sugar; B does so and Z dies. Under the Bharatiya Nyaya Sanhita, 2023, A is liable for;
aNo offence, since the act was done by B
bOnly abetment of murder, as B actually administered the poison
cMurder, B being a doli incapax instrument incapable of committing the offence
dCulpable homicide not amounting to murder
Answer: C
Where the person abetted is a child or person of unsound mind incapable of forming criminal intent, the abettor is liable as the principal offender for the offence committed. A is therefore guilty of murder under Section 103 read with the abetment provisions (Section 45 onwards) of BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' and the lesser offence of 'petty organised crime' are dealt with respectively in;
aSections 113 and 114
bSections 110 and 111
cSections 111 and 112
dSections 112 and 113
Answer: C
Organised crime is a new offence under Section 111 BNS and petty organised crime under Section 112 BNS; terrorist act is dealt with separately under Section 113. These provisions are entirely new and had no counterpart in the IPC.
Section 69 of the Bharatiya Nyaya Sanhita, 2023, which is a newly created offence, punishes;
aSexual intercourse by a man with his own wife being under eighteen years of age
bSexual intercourse by employing deceitful means or by making a false promise of marriage, where it does not amount to rape
cVoyeurism against a woman
dStalking of a woman
Answer: B
Section 69 BNS is a new provision punishing sexual intercourse obtained by deceitful means (including a false promise to marry, employment or promotion, or suppressing identity), where the act does not amount to the offence of rape under Section 63.
Z, while being robbed at gunpoint by A, snatches A's stick to defend himself and in the ensuing scuffle could have safely run away, but instead strikes A on the head causing his death. On the question whether Z is protected by the right of private defence under the Bharatiya Nyaya Sanhita, 2023;
aZ is protected, since there is no duty to retreat and robbery is an offence in which the right may extend to causing death
bZ loses the right, since he had a clear opportunity to retreat to safety
cZ is liable for culpable homicide not amounting to murder
dZ is liable for murder, as the force used was excessive
Answer: A
The general law of private defence (Sections 34 to 44 BNS, corresponding to the old IPC scheme) imposes no duty to retreat, and robbery is among the offences in which the right of private defence of the body may extend to voluntarily causing death.
Under the Bharatiya Nyaya Sanhita, 2023, a robbery is said to be 'dacoity' when it is committed or attempted by;
aFive or more persons conjointly
bTwo or more persons conjointly
cFour or more persons conjointly
dThree or more persons conjointly
Answer: A
Under Section 310 BNS, when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity. This retains the threshold from the former IPC.
The death of a woman is caused by burns within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty by her husband in connection with a demand for dowry. Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'dowry death' is defined and punished under;
aSection 80
bSection 85
cSection 79
dSection 86
Answer: A
Section 80 BNS defines dowry death and prescribes imprisonment of not less than seven years extendable to life, mirroring the former Section 304-B IPC.
Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that the signature and execution of a document are genuine where the document is produced from proper custody and is shown to be;
aSixty years old
bTwenty years old
cTwelve years old
dThirty years old
Answer: D
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 permits the court to presume genuineness of signature, execution and attestation of a document that is thirty years old and produced from proper custody.
A child born within how many days after the dissolution of a valid marriage, the mother remaining unmarried, is conclusive proof of legitimacy under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
a300 days
b280 days
c180 days
d270 days
Answer: B
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 treats birth during a valid marriage or within two hundred and eighty days after its dissolution (mother unmarried) as conclusive proof of legitimacy, rebuttable only by proof of non-access.
Which of the following categories of persons is NOT covered by Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for the relevancy of statements as an exception to the hearsay rule;
aA person who cannot be found
bA person who is dead
cA person who is merely unwilling to give evidence
dA person who has become incapable of giving evidence
Answer: C
Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 applies where the maker is dead, cannot be found, has become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense; mere unwillingness to testify is not a ground.
Under the proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from an accused in police custody, how much of that information may be proved;
aThe whole of the information received
bNone of the information, being a statement to a police officer
cOnly that part which amounts to a confession
dOnly so much of the information as relates distinctly to the fact thereby discovered
Answer: D
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 lifts the bar in Section 23 only to the extent that so much of the information as relates distinctly to the fact thereby discovered may be proved, whether or not it amounts to a confession (old IEA s.27).
A confession made to a police officer is dealt with by which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), rendering it inadmissible against the accused;
aSection 24
bSection 22
cSection 26
dSection 23
Answer: D
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 expressly provides that no confession made to a police officer shall be proved as against a person accused of any offence.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against an accused person, and as enacted a conviction is;
aIllegal in every case
bValid only in summons cases
cIllegal unless the accomplice is granted pardon
dNot illegal if it proceeds upon the corroborated testimony of an accomplice
Answer: D
As enacted, Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 declares an accomplice a competent witness against an accused and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. (The BSA wording uses 'corroborated', unlike the repealed IEA s.133 which spoke of 'uncorroborated' testimony; corroboration in material particulars is also the settled rule of prudence under Illustration (b) to Section 119 BSA.)
On which of the following points is the opinion of an expert NOT made relevant under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aIdentity of handwriting
bForeign law
cScience or art
dOrdinary domestic law of India
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes expert opinion relevant on points of foreign law, science, art, identity of handwriting or finger impressions; opinion on ordinary Indian law is for the court itself, not an expert.
Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must in all cases whatever be;
aDirect
bCorroborated by documentary evidence
cGiven on oath only
dReduced into writing
Answer: A
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 lays down that oral evidence must in all cases be direct, that is, of the person who saw, heard or perceived the fact, subject to the proviso for expert opinions in treatises.
The power of the court to direct any person present in court to write words or figures for the purpose of comparison of handwriting is contained in;
aSection 72 of the BSA
bSection 51 of the BSA
cSection 92 of the BSA
dSection 39 of the BSA
Answer: A
Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 empowers the court to compare disputed handwriting or signatures with admitted ones and to direct a person present in court to write words or figures for that purpose.
Where the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, under Section 110 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) the burden of proving that he is dead lies on;
aThe State
bThe person who affirms that he is alive
cThe court of its own motion
dThe person who affirms that he is dead
Answer: D
Section 110 of the BSA places the burden of proving death on the person who affirms it where the man is shown to have been alive within the previous thirty years (corresponding to the repealed s.107 IEA).
Under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that a person is alive shifts to the person who affirms it when that person has not been heard of for;
aSeven years by those who would naturally have heard of him
bThree years by those who would naturally have heard of him
cTwelve years by those who would naturally have heard of him
dFive years by those who would naturally have heard of him
Answer: A
Section 111 of the BSA, a proviso to Section 110, shifts the burden of proving that a person is alive to the affirming party once he has not been heard of for seven years by those who would naturally have heard from him (corresponding to the repealed s.108 IEA).
Communications between a client and his legal adviser are protected from disclosure under which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aSection 135
bSection 128
cSection 129
dSection 132
Answer: D
Section 132 of the BSA bars an advocate from disclosing professional communications made by or on behalf of the client, subject to the stated exceptions (corresponding to the repealed s.126 IEA).
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which of the following persons is incompetent to testify;
aA lunatic who is prevented by his lunacy from understanding the questions and giving rational answers
bAn aged and infirm person who can understand the questions
cA child of tender years who can understand and rationally answer questions
dA person of unsound mind during a lucid interval who can understand the questions
Answer: A
Section 124 of the BSA makes all persons competent to testify unless the court considers they are prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or the like; a lunatic so prevented is incompetent (corresponding to the repealed s.118 IEA).
The examination of a witness by the party who calls him is called, and is governed by, which under the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aCross-examination, Section 142
bExamination-in-chief, Section 142
cLeading examination, Section 146
dRe-examination, Section 143
Answer: B
Section 142 of the BSA defines the examination of a witness by the party who calls him as examination-in-chief, his examination by the adverse party as cross-examination, and any subsequent examination by the calling party as re-examination (corresponding to the repealed s.137 IEA).
Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which permits the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars, is qualified by which consideration;
aThat an accomplice is always a wholly reliable witness
bThat the court may have regard to the fact that a man of the highest character may, in special circumstances, be an accomplice
cThat accomplice evidence can never be acted upon
dThat corroboration must come only from another accomplice
Answer: B
Illustration (b) to Section 119 of the BSA lets the court presume an accomplice unworthy of credit unless corroborated, but the appended consideration cautions that a man of the highest character may, in particular circumstances, be an accomplice, so the presumption is not mechanical (corresponding to the repealed s.114 IEA).
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period of detention beyond which an accused becomes entitled to default bail, where the investigation relates to an offence punishable with imprisonment up to ten years, is;
aForty-five days
bOne hundred and twenty days
cSixty days
dNinety days
Answer: C
Section 187(3) BNSS retains the dual limit — 90 days for offences punishable with death, life imprisonment or imprisonment exceeding ten years, and 60 days for all other offences — on the expiry of which the accused is entitled to be released on default bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where the proceeding is instituted on a police report, the Magistrate must furnish to the accused (free of cost) a copy of the police report, FIR and connected documents within a period not exceeding;
aFourteen days from production or appearance of the accused
bThirty days from production or appearance of the accused
cSeven days from production or appearance of the accused
dSixty days from the filing of the police report
Answer: A
Section 230 BNSS requires the Magistrate, without delay and in no case beyond fourteen days from the production or appearance of the accused, to supply free copies of the police report, FIR and other listed documents to the accused and (if represented) the victim.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining is barred where the offence is punishable with death, life imprisonment, or imprisonment exceeding;
aTen years
bSeven years
cThree years
dFive years
Answer: B
Plea bargaining under Chapter XXIII (Sections 289-300) BNSS is unavailable for offences punishable with death, life imprisonment or imprisonment exceeding seven years, and for offences against women or children or affecting the socio-economic condition of the country.
A novel feature of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the trial in absentia of a proclaimed offender. Before commencing such trial, the court must wait for a period of at least, from the date of framing of charge;
aThirty days
bOne hundred and eighty days
cSixty days
dNinety days
Answer: D
Section 356 BNSS permits trial and pronouncement of judgment against a proclaimed offender in his absence, but mandates a waiting period of ninety days from the date of framing of the charge before such trial commences.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a statutory framework and time-limit for mercy petitions in death sentence cases. Under this provision, a convict (or his relative) must file the mercy petition within thirty days of being informed of dismissal of appeal or confirmation of the death sentence. This is contained in;
aSection 500
bSection 472
cSection 416
dSection 453
Answer: B
Section 472 BNSS is a new provision prescribing the procedure and a thirty-day timeline for filing a mercy petition before the Governor or the President in death sentence cases.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the High Court or Court of Session to grant anticipatory bail — direction for release on bail to a person apprehending arrest in a non-bailable offence — is now conferred by;
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Anticipatory bail, formerly under Section 438 CrPC, is now codified in Section 482 BNSS; regular bail in non-bailable offences is dealt with under Section 480 BNSS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to a cognizable offence punishable with imprisonment for three years or more but less than seven years is received, the officer in charge of the police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain whether a prima facie case exists, within a period of;
aThirty days
bSeven days
cFourteen days
dTwenty-one days
Answer: C
Section 173(3) BNSS permits a preliminary enquiry within fourteen days, with prior approval of an officer not below the rank of DSP, for cognizable offences punishable with three to seven years' imprisonment.
The Bharatiya Nagarik Suraksha Sanhita, 2023 gives statutory recognition to the concept of 'Zero FIR' — registration of a First Information Report irrespective of the territorial jurisdiction in which the offence is committed. This provision is contained in;
aSection 154
bSection 173
cSection 175
dSection 176
Answer: B
Section 173 BNSS (corresponding to old Section 154 CrPC) recognises Zero FIR, allowing registration of information relating to a cognizable offence at any police station irrespective of jurisdiction.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment for seven years or more, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process. This requirement is laid down in;
aSection 175
bSection 180
cSection 173
dSection 176
Answer: D
Section 176(3) BNSS makes it mandatory, for offences punishable with seven years or more, for forensic experts to visit the scene of crime to collect evidence and video-record the process.
The general power of a police officer to arrest a person without a warrant in cases of cognizable offences is conferred under the Bharatiya Nagarik Suraksha Sanhita, 2023 by;
aSection 43
bSection 35
cSection 41
dSection 39
Answer: B
Section 35 BNSS (corresponding to old Section 41 CrPC) lays down when a police officer may arrest without a warrant, including for cognizable offences.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for maintenance of wives, children and parents (the provision corresponding to Section 125 of the old Code of Criminal Procedure, 1973) is now contained in;
aSection 144
bSection 128
cSection 145
dSection 125
Answer: A
The maintenance provision earlier found in Section 125 CrPC is re-enacted as Section 144 BNSS, providing for maintenance of wives, children and parents.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused becomes entitled to default (statutory) bail if the investigation is not completed, for an offence punishable with imprisonment of not less than ten years, within a maximum period of;
aSeventy-five days
bOne hundred and eighty days
cNinety days
dSixty days
Answer: C
Section 187 BNSS retains the scheme of default bail: ninety days where the offence is punishable with death, imprisonment for life, or imprisonment of not less than ten years, and sixty days otherwise.
A convict under sentence of death, or his legal heir or relative, may, on rejection of the mercy petition by the Governor, present a mercy petition to the President of India under the Bharatiya Nagarik Suraksha Sanhita, 2023 within a period of;
aSixty days
bThirty days
cNinety days
dForty-five days
Answer: A
Section 472 BNSS provides that after rejection or disposal of the mercy petition by the Governor, the petition to the President must be made within sixty days from such rejection or disposal.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time in Indian criminal procedure, a comprehensive provision permitting trial and pronouncement of judgment in absentia against a proclaimed offender who has absconded to evade trial. This provision is;
aSection 366
bSection 336
cSection 346
dSection 356
Answer: D
Section 356 BNSS is a new provision enabling inquiry, trial and judgment in absentia against a proclaimed offender who has absconded and against whom there is no immediate prospect of arrest.
A Judge of the Supreme Court holds office until he attains the age of;
aSixty years
bSeventy years
cSixty-two years
dSixty-five years
Answer: D
Under Article 124(2), a Judge of the Supreme Court holds office until he attains the age of sixty-five years (a High Court Judge retires at sixty-two under Article 217).
Under Article 22(4), a person cannot ordinarily be detained under a preventive detention law for a period longer than three months unless;
aThe High Court confirms the detention
bAn Advisory Board reports that there is sufficient cause for such detention
cThe detenu is produced before a Magistrate
dThe Central Government grants prior approval
Answer: B
Article 22(4) bars preventive detention beyond three months unless an Advisory Board, consisting of persons qualified to be Judges of a High Court, reports before the expiry of three months that there is sufficient cause for such detention.
Parliament may by law provide for the creation of one or more All India Services under Article 312 only if the Council of States declares by resolution supported by;
aNot less than two-thirds of the members present and voting that it is necessary in the national interest
bA majority of the total membership and two-thirds present and voting
cA simple majority of the members present and voting
dTwo-thirds of the total membership of the Council of States
Answer: A
Article 312 requires the Rajya Sabha to first pass a resolution, supported by not less than two-thirds of the members present and voting, declaring it necessary or expedient in the national interest to create such a service.
Which one of the following is NOT a ground specified in Article 19(2) for imposing reasonable restrictions on the freedom of speech and expression;
aMaintenance of public health
bSecurity of the State
cFriendly relations with foreign States
dContempt of court
Answer: A
Article 19(2) lists sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence; 'public health' is not among them.
The protection against double jeopardy, namely that no person shall be prosecuted and punished for the same offence more than once, is contained in;
aArticle 20(2)
bArticle 20(3)
cArticle 20(1)
dArticle 21
Answer: A
Article 20(2) embodies the rule against double jeopardy; Article 20(1) deals with ex post facto laws and Article 20(3) with the privilege against self-incrimination.
The Directive Principle requiring the State to take steps to separate the judiciary from the executive in the public services of the State is contained in;
aArticle 39A
bArticle 44
cArticle 50
dArticle 48A
Answer: C
Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State.
In Minerva Mills Ltd. v. Union of India, the Supreme Court struck down clauses (4) and (5) of Article 368 mainly on the ground that they;
aAbolished the Directive Principles of State Policy
bEnlarged the fundamental rights beyond the original scheme
cConferred excessive financial powers on Parliament
dDestroyed the limited nature of the amending power and excluded judicial review, both part of the basic structure
Answer: D
In Minerva Mills (1980) the Court held that a limited amending power and judicial review are themselves part of the basic structure, and clauses (4) and (5) of Article 368, which sought to confer unlimited amending power and oust judicial review, were therefore void.
The expression 'law' in Article 13, for the purpose of inconsistency with fundamental rights, includes;
aOrdinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law
bOnly Acts of Parliament and State Legislatures
cOnly constitutional amendments made under Article 368
dOnly delegated legislation made by the executive
Answer: A
Article 13(3)(a) defines 'law' inclusively to cover any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.
Free and compulsory education to all children of the age of six to fourteen years, as a fundamental right, is guaranteed by;
aArticle 45
bArticle 29
cArticle 24
dArticle 21A
Answer: D
Article 21A, inserted by the 86th Amendment Act, 2002, makes free and compulsory education for children aged six to fourteen years a fundamental right; Article 45 (a Directive Principle) deals with early childhood care below six years.
The writ issued to a person who usurps or wrongfully holds a public office, calling upon him to show the authority under which he claims it, is the writ of;
aMandamus
bProhibition
cQuo warranto
dCertiorari
Answer: C
The writ of quo warranto is issued to inquire into the legality of a person's claim to a public office and to oust a usurper; mandamus commands performance of a public duty.
The doctrine of 'basic structure' of the Constitution, restricting the amending power of Parliament under Article 368, was first propounded by the Supreme Court in;
aKesavananda Bharati v. State of Kerala
bShankari Prasad v. Union of India
cGolak Nath v. State of Punjab
dMinerva Mills Ltd. v. Union of India
Answer: A
The basic structure doctrine was first laid down in Kesavananda Bharati v. State of Kerala (1973), holding that Parliament cannot amend the basic structure of the Constitution. Minerva Mills (1980) later reaffirmed and developed it.
A resolution to impeach the President under Article 61 of the Constitution must be passed by each House of Parliament by a majority of not less than;
aA simple majority of the total membership of the House
bTwo-thirds of the members present and voting
cTwo-thirds of the total membership of the House
dThree-fourths of the members present and voting
Answer: C
Article 61 requires that the resolution be passed by a majority of not less than two-thirds of the total membership of the House, both at the stage of preferring the charge and after investigation by the other House.
The proposition that a daughter becomes a coparcener by birth irrespective of whether her father was alive on 9 September 2005 was settled by the Supreme Court in;
aPrakash v. Phulavati
bVineeta Sharma v. Rakesh Sharma
cDanamma v. Amar
dGurupad v. Hirabai
Answer: B
In Vineeta Sharma v. Rakesh Sharma (2020), a three-judge Bench held that the coparcenary right of a daughter under amended Section 6 is by birth and does not depend on the father being alive on the date of the 2005 amendment.
Under Section 8 of the Hindu Succession Act, 1956, when a male Hindu dies intestate, the property first devolves upon;
aThe heirs specified in Class II of the Schedule
bThe cognates
cThe heirs specified in Class I of the Schedule
dThe agnates
Answer: C
Section 8 provides that the property of a male Hindu dying intestate devolves firstly upon the heirs in Class I of the Schedule, and only in their absence upon Class II heirs, then agnates, then cognates.
Under Section 14(1) of the Hindu Succession Act, 1956, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, is held by her as;
aA full owner and not a limited owner
bA life-estate holder
cA trustee for her heirs
dA limited owner
Answer: A
Section 14(1) converts a Hindu female's limited estate (the old 'woman's estate') into absolute ownership, declaring her a full owner of property possessed by her.
Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, a married Hindu male intending to adopt must ordinarily obtain;
aThe consent of his eldest son
bThe permission of the District Court
cThe consent of his wife, unless she falls within the stated exceptions
dThe sanction of the family Karta
Answer: C
The proviso to Section 7 requires a married male to obtain his wife's consent to adopt, unless she has completely and finally renounced the world, ceased to be a Hindu, or been declared of unsound mind.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where the adoption is of a daughter by a person who has a Hindu son or grandson living, such adoption is;
aPermissible without any condition
bPermissible only with the District Court's leave
cImpermissible, since the adoptive father must not already have a Hindu daughter or son's daughter living
dPermissible, since the bar applies only where a Hindu daughter or son's daughter is already living
Answer: D
Under Section 11(ii), the bar on adopting a daughter applies only where the adoptive parent already has a Hindu daughter or son's daughter living; a living son or grandson does not bar adoption of a daughter.
Under Section 12 of the Hindu Adoptions and Maintenance Act, 1956, the doctrine of 'relation back', whereby an adopted child was deemed to relate back to the death of the adoptive father, has been;
aRetained in its full vigour
bAbolished, the adopted child being deemed the child only from the date of adoption
cMade applicable only to coparcenary property
dConfined to adoptions by widows
Answer: B
The proviso to Section 12 abolishes the old doctrine of relation back; the adopted child is deemed to be the child of the adoptive parents from the date of adoption, and cannot divest any person of vested property.
Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance if;
aThe wife herself is unchaste
bThe husband has another wife living
cThe husband is merely unemployed
dThe wife has ceased to be a Hindu by conversion
Answer: B
Section 18(2) lists grounds, including the husband having any other wife living, on which a wife may live separately and still claim maintenance; sub-section (3) bars maintenance if she is unchaste or ceases to be a Hindu.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor's undivided interest in joint family property is;
aThe father in every case
bThe District Court only
cNot recognised, such interest being subject to the control of the Karta or manager of the joint family
dThe mother where the father is absent
Answer: C
Section 6 expressly excludes the minor's undivided interest in joint family property from the natural guardianship provisions, that interest being subject to the control of the family's Karta or manager.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites and ceremonies of a Hindu marriage include the saptapadi, the marriage becomes complete and binding:
aWhen the bride enters the matrimonial home
bWhen the kanyadan is performed by the bride's father
cWhen the seventh step is taken before the sacred fire
dWhen the marriage is registered under Section 8
Answer: C
Section 7(2) of the Hindu Marriage Act, 1955 provides that where the saptapadi forms part of the ceremonies, the marriage becomes complete and binding when the seventh step is taken jointly before the sacred fire. Registration under Section 8 is not essential to the validity of the marriage.
A marriage solemnised after the commencement of the Hindu Marriage Act, 1955 is null and void under Section 11 only if it contravenes:
aClauses (ii) and (iii) of Section 5
bClauses (i), (iv) and (v) of Section 5
cClauses (i), (ii) and (iii) of Section 5
dAll the conditions specified in Section 5
Answer: B
Section 11 declares a marriage void only if it contravenes clause (i) (bigamy), clause (iv) (prohibited degrees) or clause (v) (sapinda relationship) of Section 5. Breach of clause (ii) or (iii) renders the marriage voidable or merely penal, not void.
Who took oath as the 53rd Chief Justice of India in November 2025, succeeding Justice B.R. Gavai?
aJustice D.Y. Chandrachud
bJustice Sheel Nagu
cJustice Surya Kant
dJustice Sanjiv Khanna
Answer: C
Justice Surya Kant was sworn in as the 53rd Chief Justice of India on 24 November 2025, a day after the retirement of CJI B.R. Gavai, and is to hold office until February 2027.
The 2025 Nobel Peace Prize was awarded to Maria Corina Machado, who is associated with the democratic movement of which country?
aCuba
bVenezuela
cMyanmar
dBelarus
Answer: B
The Norwegian Nobel Committee awarded the 2025 Nobel Peace Prize to Maria Corina Machado for promoting democratic rights and a peaceful transition to democracy in Venezuela.
India won the 2026 ICC Men's T20 World Cup final, played in March 2026, at which venue?
aWankhede Stadium, Mumbai
bEden Gardens, Kolkata
cM. Chinnaswamy Stadium, Bengaluru
dNarendra Modi Stadium, Ahmedabad
Answer: D
India defeated New Zealand by 96 runs in the 2026 Men's T20 World Cup final on 8 March 2026 at the Narendra Modi Stadium, Ahmedabad, becoming the first host nation to win the title.
Who was adjudged 'Player of the Tournament' at the 2026 ICC Men's T20 World Cup?
aSanju Samson
bSuryakumar Yadav
cHardik Pandya
dJasprit Bumrah
Answer: A
Wicketkeeper-batter Sanju Samson was named Player of the Tournament with 321 runs in five innings, including 89 in the final; Jasprit Bumrah was Player of the Match in the final.
D. Gukesh, who became the youngest undisputed World Chess Champion in December 2024, defeated which player in the final to win the title?
aFabiano Caruana
bIan Nepomniachtchi
cDing Liren
dMagnus Carlsen
Answer: C
At 18, Gukesh Dommaraju defeated the defending champion Ding Liren of China in Singapore to become the youngest undisputed World Chess Champion, breaking Garry Kasparov's record.
Which one of the following was NOT a recipient of the Major Dhyan Chand Khel Ratna Award conferred in January 2025?
aHarmanpreet Singh (Hockey)
bManu Bhaker (Shooting)
cNeeraj Chopra (Athletics)
dD. Gukesh (Chess)
Answer: C
The Khel Ratna conferred in January 2025 went to D. Gukesh, Manu Bhaker, Harmanpreet Singh and Praveen Kumar; Neeraj Chopra was not among the 2025 awardees.
On which date was the State of Haryana carved out of the erstwhile State of Punjab?
a1 November 1966
b1 November 1956
c15 August 1947
d26 January 1950
Answer: A
Haryana was formed on 1 November 1966 under the Punjab Reorganisation Act, 1966, with Chandigarh constituted as a Union Territory serving as the joint capital of Punjab and Haryana.
A minor borrows money and executes a mortgage to secure repayment. The agreement is:
aVoid ab initio, a minor being incompetent to contract under Section 11
bValid and binding once ratified after majority
cVoidable at the minor's option on attaining majority
dValid as a quasi-contract
Answer: A
Under Section 11 read with Mohori Bibee v. Dharmodas Ghose, a minor is not competent to contract and an agreement by a minor is void ab initio; it cannot be ratified on attaining majority.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is called a contract of:
aAgency under Section 182
bIndemnity under Section 124
cGuarantee under Section 126
dBailment under Section 148
Answer: B
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
In a contract of guarantee under Section 126 of the Indian Contract Act, the person who gives the guarantee is the:
aPrincipal debtor
bSurety
cBailee
dCreditor
Answer: B
Under Section 126, in a contract of guarantee the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom the guarantee is given is the 'creditor'.
The general lien of bankers, factors, wharfingers, attorneys of a High Court and policy-brokers is recognised under:
aSection 148 of the Indian Contract Act
bSection 171 of the Indian Contract Act
cSection 172 of the Indian Contract Act
dSection 170 of the Indian Contract Act
Answer: B
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, entitling them to retain goods bailed as security for a general balance of account, in the absence of a contrary contract.
Which one of the following is the correct sequence relating to formation of a contract under the Indian Contract Act?
aEvery promise is an agreement; every agreement is a contract
bConsideration is not necessary for a valid contract
cA proposal when accepted becomes a promise; an agreement enforceable by law is a contract
dEvery agreement is enforceable by law and is therefore a contract
Answer: C
Under Section 2, a proposal when accepted becomes a promise; a promise with consideration is an agreement; and an agreement enforceable by law is a contract (Section 10). Not every agreement is a contract.
Inadequacy of consideration, where the consent of the promisor is freely given, has under the Indian Contract Act the following effect on the agreement:
aIt does not by itself render the agreement void, but may be considered on the question of free consent
bIt renders the agreement voidable
cIt makes the agreement illegal
dIt renders the agreement void
Answer: A
The Explanation to Section 25 provides that an agreement to which consent is freely given is not void merely because the consideration is inadequate; inadequacy may, however, be relevant to whether consent was freely given.
Subject to contract between the partners, the death of a partner ordinarily results in dissolution of the firm under which section of the Partnership Act?
aSection 42
bSection 41
cSection 40
dSection 43
Answer: A
Section 42(c) provides that, subject to contract between the partners, a firm is dissolved on the death of a partner (among other contingencies such as expiry of term or completion of the adventure).
In the case of a partnership at will, the firm may be dissolved under Section 43 by;
aOnly an order of the court
bAny partner giving notice in writing to all the other partners of his intention to dissolve the firm
cAn order of the Registrar of Firms
dA majority of the partners passing a resolution
Answer: B
Section 43 provides that a partnership at will may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm.
Which of the following is NOT, by itself, a ground on which the court may dissolve a firm at the suit of a partner under Section 44 of the Partnership Act?
aA partner wishes to introduce his minor son to the benefits of the partnership
bA partner has become permanently incapable of performing his duties as partner
cThe business of the firm cannot be carried on save at a loss
dA partner is guilty of conduct likely to prejudicially affect the carrying on of the business
Answer: A
Section 44 grounds include a partner's permanent incapacity, prejudicial conduct, persistent breach, transfer of interest, the business running only at a loss, and any just and equitable ground; a mere wish to admit a minor is not a ground for court-ordered dissolution.
An agreement among partners that, upon or in anticipation of dissolution, some or all of them will not carry on a business similar to that of the firm within specified local limits or for a specified period is, under Section 54 of the Partnership Act;
aVoidable at the option of any partner
bValid only with the prior permission of the Registrar of Firms
cValid notwithstanding Section 27 of the Contract Act, if the restrictions are reasonable
dVoid as being in restraint of trade
Answer: C
Section 54 (an exception to Section 27 of the Contract Act) makes such an agreement valid if the restrictions imposed are reasonable; partners may thus lawfully agree not to compete on dissolution.
In a contract of sale, the implied undertaking that the seller has a right to sell the goods is provided for in;
aSection 14 of the Sale of Goods Act, 1930
bSection 15 of the Sale of Goods Act, 1930
cSection 16 of the Sale of Goods Act, 1930
dSection 17 of the Sale of Goods Act, 1930
Answer: A
Section 14 contains the implied undertaking as to title, namely that the seller has a right to sell, that the buyer shall enjoy quiet possession, and that the goods are free from encumbrance.
Where there is a contract for the sale of goods by description, Section 15 of the Sale of Goods Act, 1930 implies a condition that;
aThe goods shall be fit for the buyer's particular purpose
bThe bulk shall correspond with the sample in quality
cThe goods shall correspond with the description
dThe goods shall be of merchantable quality only
Answer: C
Section 15 implies a condition that the goods correspond with the description; where the sale is by sample as well as by description the goods must correspond with both.
The implied condition of fitness for a particular purpose, where the buyer makes known that purpose so as to show reliance on the seller's skill or judgment, is contained in;
aSection 16 of the Sale of Goods Act, 1930
bSection 17 of the Sale of Goods Act, 1930
cSection 15 of the Sale of Goods Act, 1930
dSection 14 of the Sale of Goods Act, 1930
Answer: A
Section 16(1) provides the implied condition of fitness for purpose where reliance on the seller's skill is shown; Section 16(2) deals with merchantable quality where goods are bought by description.
An application under Section 5 of the Limitation Act, 1963 for condonation of delay is expressly NOT maintainable in respect of an application made under
aOrder XXXIX of the Code of Civil Procedure, 1908
bOrder IX of the Code of Civil Procedure, 1908
cOrder XXI of the Code of Civil Procedure, 1908
dOrder XLI of the Code of Civil Procedure, 1908
Answer: C
Section 5 in terms excludes 'an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908', i.e. execution applications.
The expression 'sufficient cause' used in Section 5 of the Limitation Act, 1963 has been
aconfined by the Act to illness of the applicant alone
bleft undefined, conferring a discretion to be exercised liberally to advance substantial justice
cexhaustively defined in Section 2 of the Act
ddefined to mean only causes beyond the control of the applicant amounting to vis major
Answer: B
'Sufficient cause' is not defined in the Act; courts construe it liberally to do substantial justice, though condonation is not claimable as a matter of right.
Before resorting to substituted performance under Section 20 of the Specific Relief Act, 1963, the affected party must give the defaulting party a written notice of not less than;
athirty days
bsixty days
cfifteen days
dninety days
Answer: A
Section 20(2) requires the party intending to obtain substituted performance to give notice in writing of not less than thirty days to the defaulting party calling upon it to perform within such time.
Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall NOT make a declaration of legal character or right where the plaintiff;
afiles the suit beyond the period of limitation
bhas not paid the requisite court fee on the plaint
cseeks declaration against a person not in legal relationship with him
dbeing able to seek further relief than a mere declaration of title, omits to do so
Answer: D
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief, omits to do so, to avoid multiplicity of proceedings.
Special provisions barring the grant of an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule are contained in;
aSection 31 of the Specific Relief Act, 1963
bSection 20A of the Specific Relief Act, 1963
cSection 38 of the Specific Relief Act, 1963
dSection 6 of the Specific Relief Act, 1963
Answer: B
Section 20A, inserted by the 2018 Amendment, bars a court from granting an injunction in a suit involving a contract relating to a scheduled infrastructure project where it would impede or delay the project.
Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, a Muslim husband who pronounces talaq-e-biddat upon his wife is punishable with imprisonment which may extend to;
aOne year and fine
bTwo years and fine
cSeven years and fine
dThree years and fine
Answer: D
Section 4 of the Act makes the pronouncement of talaq-e-biddat punishable with imprisonment up to three years and fine.
Under the Sunni (Hanafi) law of inheritance, where, after allotment of their shares to the Quranic sharers, a residue is left and there is no residuary (asaba) to take it, the residue;
aGoes wholly to the husband or wife
bReturns to the sharers in proportion to their shares by the doctrine of radd (Return)
cEscheats immediately to the State
dIs distributed equally among all sharers regardless of their shares
Answer: B
Under Hanafi law, where there is no residuary, the surplus returns to the sharers (other than husband and wife) in proportion to their shares under the doctrine of radd, before any escheat.
Under the proviso to Section 17(1) of the Registration Act, 1908, the State Government may, by order in the Official Gazette, exempt from compulsory registration leases the terms of which do not exceed;
aTen years and the annual rent does not exceed one hundred rupees
bFive years and the annual rent reserved does not exceed fifty rupees
cTwo years and the annual rent does not exceed twenty-five rupees
dThree years and the annual rent does not exceed one hundred rupees
Answer: B
The proviso to Section 17(1) empowers the State Government to exempt leases whose terms do not exceed five years and whose annual rents reserved do not exceed fifty rupees.
Under Section 32 of the Registration Act, 1908, every document to be registered, whether registration be compulsory or optional (except in cases under Sections 31, 88 and 89), shall be presented by;
aAny person interested in the property, whether or not a party
bOnly the person who executed the document
cOnly an advocate holding a vakalatnama
dSome person executing or claiming under the document, or his representative, assign, or duly authorised agent
Answer: D
Section 32 requires the document to be presented by a person executing or claiming under it, or by his representative or assign, or by an agent duly authorised by a registered power-of-attorney.
Under Section 7 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a sum paid which, by reason of the provisions of the Act, should not have been paid is recoverable by the tenant from the landlord within;
aOne year after the date of payment
bThree months after the date of payment
cThree years after the date of payment
dSix months after the date of payment
Answer: D
Section 7 allows the tenant to recover, or deduct from rent, any sum wrongly paid within six months after the date of such payment.
Under Section 13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, in an application for eviction on the ground of non-payment of rent, the landlord shall not be entitled to claim arrears of rent for a period exceeding, immediately preceding the date of the application;
aTwo years
bSix years
cOne year
dThree years
Answer: D
The second proviso to Section 13(2)(i) bars the landlord from claiming arrears of rent for a period exceeding three years immediately preceding the date of the eviction application.
The maxim 'Qui facit per alium facit per se', which forms the foundation of vicarious liability of a master for the torts of his servant, means;
aNo one is bound to accuse himself
bAn agreement without consideration is void
cHe who acts through another does the act himself
dThe law does not concern itself with trifles
Answer: C
'Qui facit per alium facit per se' means 'he who acts through another acts himself', the basis of a master's vicarious liability for torts committed by a servant in the course of employment.
In Hohfeld's analysis of jural relations, the jural opposite of a 'right' (claim) is;
aDuty
bLiability
cNo-right
dPrivilege (liberty)
Answer: C
In Hohfeld's scheme of jural correlatives and opposites, the correlative of a right is a duty, while the jural opposite of a right is a 'no-right'. The correlative of a privilege is a no-right and its opposite is a duty.
Under Section 26 of the Punjab Courts Act, 1918, the pecuniary value up to which a person appointed as a Subordinate Judge may exercise original civil jurisdiction is:
aFixed uniformly at rupees two lakhs by the Act itself
bDetermined by the State Government by notification
cDetermined by the High Court, either by including him in a class or otherwise as it thinks fit
dDetermined by the District Judge of the district
Answer: C
Section 26 provides that the value up to which a Subordinate Judge exercises original civil jurisdiction shall be determined by the High Court, either by including him in a class or otherwise as it thinks fit, subject to the limit specified in Section 25.
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