Haryana Judiciary Mock Test 9 — Questions & Solutions
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Under the Code of Civil Procedure, 1908, the power to transfer any suit, appeal or other proceeding pending before a subordinate Court to another competent Court is conferred on the High Court and the District Court by
aSection 22 CPC
bSection 25 CPC
cSection 24 CPC
dSection 23 CPC
Answer: C
Section 24 CPC gives the High Court and the District Court general power to transfer and withdraw suits, appeals or other proceedings at any stage to a competent subordinate Court.
A 'decree' as defined in Section 2(2) of the Code of Civil Procedure, 1908 does NOT include
aThe rejection of a plaint
bAny adjudication from which an appeal lies as an appeal from an order
cA determination of a question within Section 144
dAn adjudication conclusively determining the rights of parties on matters in controversy
Answer: B
Section 2(2) CPC expressly excludes from the meaning of 'decree' any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default; rejection of a plaint and Section 144 determinations are deemed decrees.
On the death of a plaintiff or defendant, where the right to sue survives, the Court is required to bring the legal representatives on record under
aOrder I Rule 10 CPC
bOrder XXIII Rule 1 CPC
cOrder XXII Rule 4 CPC
dOrder VI Rule 17 CPC
Answer: C
Order XXII Rule 4 CPC deals with substitution of the legal representatives of a deceased defendant (Rule 3 deals with a deceased plaintiff); failure to apply within the limitation period results in abatement of the suit against that party.
Amendment of pleadings under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908 after the commencement of trial is permissible only where the Court concludes that
aThe opposite party gives written consent
bThe amendment is purely formal in nature
cIn spite of due diligence the party could not have raised the matter before the commencement of trial
dThe amendment will cause no delay whatsoever
Answer: C
The proviso to Order VI Rule 17 CPC (inserted in 2002) bars post-trial amendments unless the Court finds that, despite due diligence, the party could not have raised the matter before the commencement of trial.
Lodging of a caveat under Section 148A of the Code of Civil Procedure, 1908 by a person apprehending an application entitles the caveator to
aFile an appeal against the decree as of right
bReceive notice of any application filed in the suit or proceeding
cBecome a party to the suit automatically
dHave any interim order automatically stayed
Answer: B
Section 148A CPC enables a person apprehending an application to lodge a caveat so that he is served with notice of, and heard before, the Court passes any order on such application; the caveat remains in force for ninety days.
The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908 may be exercised in a case decided by a subordinate Court where such Court appears to have
aCommitted any error of law in appreciating evidence
bExercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction
cDecided wrongly on a question of fact
dPassed a decree that is merely erroneous on merits
Answer: B
Section 115 CPC confines revision to jurisdictional errors: where the subordinate Court has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity in exercising its jurisdiction.
Under the Commercial Courts Act, 2015 read with the Code of Civil Procedure, the 'specified value' of a commercial dispute fixed by the State Government cannot be less than
aRupees one lakh
bRupees one crore
cRupees three lakh
dRupees ten lakh
Answer: C
After the 2018 amendment, the specified value of a commercial dispute that the State Government may notify shall not be less than three lakh rupees, governing the pecuniary jurisdiction of commercial courts including in Haryana.
Under Section 9 of the Code of Civil Procedure, the Civil Court has jurisdiction to try all suits of a civil nature except those of which their cognizance is
aexpressly barred only
bbarred by an agreement between the parties
ceither expressly or impliedly barred
dimpliedly barred only
Answer: C
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. Parties cannot oust jurisdiction conferred by law merely by agreement.
For the bar of res judicata under Section 11 of the CPC to apply, the former suit must have been decided by a Court
acompetent to try the subsequent suit in which the issue is raised
bonly of the same pecuniary jurisdiction
csubordinate to the Court trying the subsequent suit
dof any jurisdiction whatsoever
Answer: A
Section 11 requires that the Court which decided the former suit must have been competent to try the subsequent suit in which the matter is subsequently raised. This 'competence' is an essential ingredient of res judicata.
Under Order VIII, Rule 1 of the CPC, a defendant who fails to present his written statement within thirty days from service of summons may be permitted to file it later, but not beyond
aone hundred eighty days from the date of service of summons
bone hundred twenty days from the date of service of summons
csixty days from the date of service of summons
dninety days from the date of service of summons
Answer: D
The proviso to Order VIII, Rule 1 caps the extended time for filing the written statement in an ordinary civil suit at ninety days from service of summons. (The 120-day limit applies only to commercial suits under the Commercial Courts Act.)
A second appeal under Section 100 of the CPC lies to the High Court only
aon a mixed question of law and fact
bon a substantial question of law
con any ground that the appellant chooses to urge
don a question of fact
Answer: B
After the 1976 amendment, Section 100 permits a second appeal only where the case involves a substantial question of law, which must be formulated by the High Court.
Where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, Section 100A of the CPC provides that
aa further appeal lies only with the leave of the Single Judge
bno further appeal shall lie from the judgment of such Single Judge
ca further Letters Patent Appeal lies to a Division Bench
da further appeal lies directly to the Supreme Court
Answer: B
Section 100A, beginning with a non-obstante clause, bars any further (intra-court/Letters Patent) appeal after a Single Judge of the High Court decides an appeal from an original or appellate decree or order.
The power of the High Court to call for the record of any case decided by a subordinate Court in which no appeal lies, where such Court appears to have exercised jurisdiction not vested in it, is contained in
aSection 114 of the CPC
bSection 100 of the CPC
cSection 96 of the CPC
dSection 115 of the CPC
Answer: D
Section 115 confers revisional jurisdiction on the High Court over cases decided by subordinate Courts where no appeal lies and a jurisdictional error has occurred.
Under Section 80 of the CPC, before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, the plaintiff must ordinarily serve a prior notice of
afifteen days
bsix months
cthirty days
dtwo months
Answer: D
Section 80(1) requires a two months' prior written notice before suing the Government or a public officer for acts done in official capacity. Sub-section (2) allows leave to dispense with notice for urgent relief.
Section 89 of the CPC, which empowers a Court to refer a dispute for settlement outside the Court, contemplates all of the following modes EXCEPT
areference to a criminal Court for compounding
barbitration
cjudicial settlement including settlement through Lok Adalat
dconciliation
Answer: A
Section 89 lists arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation as ADR modes. Reference to a criminal Court is not among them; the provision was examined in Salem Advocate Bar Association v. Union of India.
Under Order I, Rule 10(2) of the CPC, the Court may at any stage of the proceedings
aorder that the name of any improperly joined party be struck out and that any necessary party be added
bonly add new parties but never strike out any
cadd parties only with the written consent of all existing parties
donly strike out parties but never add new ones
Answer: A
Order I, Rule 10(2) empowers the Court, on its own motion or on application, to strike out a party improperly joined and to add any person who ought to have been joined or whose presence is necessary to effectually adjudicate the suit.
A 'mesne profits' as defined in Section 2(12) of the CPC means profits which the person in wrongful possession of property actually received or might with ordinary diligence have received together with interest, but
anot including profits due to improvements made by the person in wrongful possession
bincluding profits due to improvements made by the person in wrongful possession
cincluding only the interest component
dexcluding interest in all circumstances
Answer: A
Section 2(12) expressly excludes from mesne profits any profits due to improvements made by the person in wrongful possession of the property.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly of five or more persons is designated an 'unlawful assembly' (Section 189) and the offence of rioting — where force or violence is used in prosecution of the common object — is dealt with in:
aSection 191
bSection 192
cSection 197
dSection 190
Answer: A
Section 189 BNS defines unlawful assembly; Section 191 BNS defines and punishes rioting, which is committed when force or violence is used by an unlawful assembly in prosecution of its common object.
The offence formerly known as 'sedition' under Section 124A IPC has been replaced under the Bharatiya Nyaya Sanhita, 2023, by 'acts endangering the sovereignty, unity and integrity of India', which appears in:
aSection 152
bSection 147
cSection 197
dSection 150
Answer: A
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India, replacing the colonial offence of sedition under Section 124A IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of kidnapping (including kidnapping from lawful guardianship of any child below eighteen years) is defined in:
aSection 135
bSection 139
cSection 137
dSection 140
Answer: C
Section 137 BNS defines kidnapping, covering kidnapping from India and kidnapping from lawful guardianship; it adopts a uniform age of eighteen for 'any child'.
Under the Bharatiya Nyaya Sanhita, 2023, 'grievous hurt' is defined in Section 116 by enumerating specified categories of serious injury. The punishment for voluntarily causing grievous hurt (extending to seven years and fine) is provided in:
aSection 118
bSection 117
cSection 114
dSection 115
Answer: B
Section 116 BNS defines grievous hurt; Section 117 BNS prescribes the punishment for voluntarily causing grievous hurt, which may extend to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is contained in:
aSection 351
bSection 358
cSection 354
dSection 356
Answer: D
Section 356 BNS defines defamation and provides its punishment (simple imprisonment up to two years, or fine, or both, or community service), corresponding to Sections 499-500 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, which one of the following is NOT a punishment to which offenders are liable under Section 4;
aExternment from the district
bForfeiture of property
cDeath
dCommunity service
Answer: A
Section 4 of the BNS lists death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine and community service. Externment is not a punishment under the Sanhita.
The general exception relating to the act of a person of unsound mind, who is incapable of knowing the nature of the act, is contained in which Section of the Bharatiya Nyaya Sanhita, 2023;
aSection 21
bSection 20
cSection 84
dSection 22
Answer: D
Section 22 of the BNS provides the defence of unsoundness of mind, corresponding to the former Section 84 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided in Section;
aSection 100
bSection 101
cSection 302
dSection 103
Answer: D
In the BNS, culpable homicide is defined in Section 100, murder in Section 101, and the punishment for murder (death or life imprisonment and fine) is in Section 103.
A, whilst deprived of the power of self-control by grave and sudden provocation given by Z, by mistake kills B, a bystander. Under Exception 1 to Section 101 of the Bharatiya Nyaya Sanhita, 2023, A is guilty of;
aCulpable homicide not amounting to murder
bGrievous hurt only
cMurder
dNo offence, as he was provoked
Answer: A
Exception 1 to Section 101 BNS covers death caused to any other person by mistake or accident while deprived of self-control by grave and sudden provocation, reducing the offence to culpable homicide not amounting to murder.
The offence of 'snatching', a new offence which was not separately defined under the old Indian Penal Code, has been introduced in which Section of the Bharatiya Nyaya Sanhita, 2023;
aSection 303
bSection 304
cSection 309
dSection 379
Answer: B
Section 304 of the BNS defines and punishes 'snatching', where the offender suddenly, quickly or forcibly seizes or grabs movable property; it carries imprisonment up to three years.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit a robbery, the offence is;
aRobbery under Section 309
bTheft under Section 303
cExtortion under Section 308
dDacoity under Section 310
Answer: D
Section 310 of the BNS defines dacoity as robbery committed conjointly by five or more persons; robbery is in Section 309 and extortion in Section 308.
Which one of the following Sections of the Bharatiya Nyaya Sanhita, 2023 replaces the offence of sedition and deals with acts endangering the sovereignty, unity and integrity of India;
aSection 152
bSection 124A
cSection 150
dSection 197
Answer: A
Section 152 of the BNS penalises acts exciting secession, armed rebellion, subversive or separatist activities, or endangering sovereignty, unity and integrity of India; there is no Section 124A in the new code.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of property extends to voluntarily causing death of the wrongdoer in case of which of the following offences;
aCriminal trespass simpliciter
bRobbery
cTheft per se
dMischief per se
Answer: B
Section 41 of the BNS allows the right of private defence of property to extend to causing death where the offence is robbery, house-breaking by night, mischief by fire to a dwelling, or theft/mischief/house-trespass causing reasonable apprehension of death or grievous hurt. Robbery per se qualifies.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the expression 'conclusive proof' is defined in;
aSection 4
bSection 1
cSection 3
dSection 2
Answer: D
Section 2 of the BSA (the definitions clause) defines 'may presume', 'shall presume' and 'conclusive proof'; once a fact is declared conclusive proof of another, the court shall not allow evidence to disprove it (corresponding to the repealed s.4 IEA).
The doctrine of res gestae, which makes facts forming part of the same transaction relevant, is contained in;
aSection 4
bSection 3
cSection 7
dSection 5
Answer: A
Section 4 of the BSA declares that facts so connected with a fact in issue as to form part of the same transaction are relevant, which embodies the principle of res gestae (corresponding to the repealed s.6 IEA).
A confession made to a police officer is inadmissible against an accused by virtue of;
aSection 26
bSection 22
cSection 24
dSection 23
Answer: D
Section 23(1) of the BSA lays down that no confession made to a police officer shall be proved against a person accused of any offence, regardless of whether he is in custody (corresponding to the repealed s.25 IEA).
So much of information received from an accused in police custody as relates distinctly to a fact thereby discovered may be proved under;
aSection 22
bSection 25
cSection 23(1)
dSection 23(2) proviso
Answer: D
The proviso to Section 23(2) of the BSA permits proof of only that part of the information which distinctly relates to the fact discovered, irrespective of whether it amounts to a confession (corresponding to the repealed s.27 IEA).
Which one of the following is NOT one of the circumstances under which a statement of a person who is dead becomes relevant under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aStatement as to cause of death
bStatement against the pecuniary or proprietary interest of the maker
cStatement made on solemn affirmation before a notary public
dStatement made in the ordinary course of business
Answer: C
Section 26 of the BSA enumerates specific categories such as dying declarations, statements in the ordinary course of business, and statements against interest; a statement merely made on affirmation before a notary is not one of them (corresponding to the repealed s.32 IEA).
Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of an expert is relevant on a point of;
aIndian law
bForeign law, science, art, or identity of handwriting and finger impressions
cCredibility of an ordinary witness
dProcedure of the court
Answer: B
Section 39 of the BSA makes relevant the opinions of persons specially skilled in foreign law, science, art, or as to identity of handwriting or finger impressions; opinion on Indian law is for the court itself (corresponding to the repealed s.45 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the provision that when a fact is in issue, the burden of proof lies on the person who would fail if no evidence at all were given on either side, is contained in;
aSection 107
bSection 106
cSection 105
dSection 104
Answer: C
Section 105 of the BSA lays down that the burden of proof lies on the person who would fail if no evidence were given on either side, fixing the initial onus in a suit or proceeding (corresponding to the former Section 102 IEA).
The conclusive presumption of legitimacy of a child born during the continuance of a valid marriage is contained, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in;
aSection 115
bSection 117
cSection 119
dSection 116
Answer: D
Section 116 of the BSA provides that birth during a valid marriage, or within 280 days of its dissolution while the mother remains unmarried, is conclusive proof of legitimacy unless non-access is shown (corresponding to the former Section 112 IEA).
An accomplice is, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a competent witness against an accused. This is provided in;
aSection 139
bSection 124
cSection 137
dSection 138
Answer: D
Section 138 of the BSA declares an accomplice a competent witness against an accused person; its enacted text provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (departing from the repealed Section 133 IEA, which referred to uncorroborated testimony). The requirement of corroboration is also a rule of prudence under Section 119 BSA.
The number of witnesses required for proof of any fact under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is;
aAt least three in cases of treason
bNo particular number is required in any case
cAt least two in all cases
dAt least two where the offence is punishable with death
Answer: B
Section 139 of the BSA expressly provides that no particular number of witnesses is required for proof of any fact, embodying the principle that evidence is weighed and not counted (corresponding to the former Section 134 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), leading questions, as a general rule, may NOT be asked in;
aCross-examination
bQuestions as to matters introductory or undisputed
cAny examination of a hostile witness
dExamination-in-chief and re-examination, except with the permission of the court
Answer: D
Under Section 146 of the BSA, leading questions must not be asked in examination-in-chief or re-examination if objected to, except with the court's permission; they are freely allowed in cross-examination under Section 147 BSA (corresponding to the former Sections 142 and 143 IEA).
Professional communications between a client and his legal adviser are protected from disclosure, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), under;
aSection 130
bSection 135
cSection 132
dSection 128
Answer: C
Section 132 of the BSA bars an advocate from disclosing communications made to him in the course of and for the purpose of his professional employment, subject to the stated exceptions (corresponding to the former Section 126 IEA).
When the question is whether a man is alive or dead, and it is shown that he had not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive lies, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA);
aOn the court
bOn the person who affirms that he is alive
cOn the person who affirms his death
dOn the prosecution in every case
Answer: B
Section 111 of the BSA, an exception to Section 110 BSA, provides that where a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving he is alive shifts to the person who affirms it (corresponding to the former Section 108 IEA).
Secondary evidence of the contents of a document may be given, under Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in which of the following situations;
aWhen the original is shown to be in the possession of the person against whom the document is sought to be proved and he does not produce it after notice
bAll of the above
cWhen the original consists of numerous accounts which cannot conveniently be examined in court
dWhen the original is a public document within the meaning of Section 74
Answer: B
Section 60 of the BSA enumerates the cases in which secondary evidence is admissible, including non-production by the opposite party after notice, public documents under Section 74 BSA, and voluminous documents proved by their general result (corresponding to the former Section 65 IEA).
The estoppel of a tenant who has been let into possession from denying that his landlord had a title to the immovable property at the beginning of the tenancy is dealt with, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in;
aSection 124
bSection 121
cSection 123
dSection 122
Answer: D
Section 122 of the BSA provides that a tenant of immovable property shall not, during the continuance of the tenancy, be permitted to deny that the landlord had title at the beginning of the tenancy (corresponding to the former Section 116 IEA).
Under the BNSS, 2023, a Magistrate empowered under Section 210 may order an investigation into a cognizable case on a complaint. This power of the Magistrate to direct investigation is contained in;
aSection 173(3)
bSection 175(3)
cSection 190(3)
dSection 156(3)
Answer: B
Section 175(3) BNSS, 2023 (corresponding to Section 156(3) of the old CrPC) empowers a Magistrate competent under Section 210 to order investigation into a cognizable offence.
Under the BNSS, 2023, where a dispute likely to cause a breach of the peace concerns any land or water within the local jurisdiction of an Executive Magistrate, the Magistrate may pass a preliminary order requiring the parties to attend court and put in written statements. This provision is contained in;
aSection 164
bSection 126
cSection 168
dSection 152
Answer: A
Section 164 BNSS, 2023 (corresponding to Section 145 of the old CrPC) deals with disputes concerning land or water likely to cause a breach of the peace.
Under the BNSS, 2023, the power of an Executive Magistrate to require a person to execute a bond for keeping the peace, in cases other than a conviction, where the Magistrate is informed that such person is likely to commit a breach of the peace, is contained in;
aSection 126
bSection 125
cSection 129
dSection 127
Answer: A
Section 126 BNSS, 2023 (corresponding to Section 107 of the old CrPC) empowers an Executive Magistrate to require security for keeping the peace in cases other than conviction.
Under the BNSS, 2023, an application for plea bargaining must be filed by the accused in the court in which the offence is pending for trial. Such application is required to be filed within;
aThirty days from the date of framing of the charge
bSixty days from the date of cognizance
cFifteen days from the date of arrest
dNinety days from the date of the police report
Answer: A
Section 290 BNSS, 2023 requires the accused to file the plea bargaining application within thirty days from the date of framing of the charge by the court.
Under the BNSS, 2023, plea bargaining is NOT available in respect of an offence;
aPunishable with imprisonment for a term exceeding seven years, or affecting the socio-economic condition of the country, or committed against a woman or child below eighteen years
bWhich is compoundable under the Sanhita
cPunishable with imprisonment for a term not exceeding seven years
dFor which the maximum sentence is fine only
Answer: A
Under Section 289 BNSS, 2023, plea bargaining is barred for offences punishable with death, life imprisonment or imprisonment exceeding seven years, those affecting the socio-economic condition of the country, and offences against women or children below eighteen.
Under Section 2(1) of the BNSS, 2023, the definition of 'victim' means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person, and the expression 'victim' includes;
aOnly a dependent of the deceased
bThe guardian or legal heir of such victim
cOnly the person directly injured
dThe informant who lodged the FIR
Answer: B
Section 2(1)(y) BNSS, 2023 defines 'victim' to include the guardian or legal heir of the person who suffered loss or injury.
Under the BNSS, 2023, a convict under a sentence of death (or his legal heir or relative) may file a mercy petition before the President under Article 72 of the Constitution. This statutory provision regulating mercy petitions in death sentence cases is;
aSection 433
bSection 472
cSection 454
dSection 416
Answer: B
Section 472 BNSS, 2023 is a new provision laying down the procedure and timelines for filing a mercy petition before the President under Article 72 or the Governor under Article 161 in death sentence cases.
Under Section 472 of the BNSS, 2023, a convict under sentence of death may file a mercy petition before the President or the Governor within;
aFifteen days
bSixty days
cThirty days
dSeven days
Answer: C
Section 472(1) BNSS, 2023 prescribes a period of thirty days from the date the jail Superintendent informs the convict of the dismissal of the appeal/SLP or confirmation of the death sentence, for filing the mercy petition.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a police officer to arrest, without an order from a Magistrate and without a warrant, a person who commits a cognizable offence in his presence is contained in;
aSection 47
bSection 41
cSection 35
dSection 43
Answer: C
Section 35 BNSS, 2023 (corresponding to old Section 41 CrPC) sets out the circumstances in which the police may arrest without a warrant, including where a cognizable offence is committed in the officer's presence.
Under Section 35(7) of the BNSS, 2023, in the case of an offence punishable with imprisonment for less than three years, no arrest of a person who is infirm or is above which of the following ages shall be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police;
aSeventy years
bSixty years
cSixty-five years
dFifty-five years
Answer: B
The proviso in Section 35(7) BNSS protects persons who are infirm or above sixty years of age in cases of offences punishable with less than three years by requiring prior permission of an officer not below the rank of DSP before arrest.
Under the BNSS, 2023, the right of an arrested person to be informed forthwith of the grounds of arrest and, in a bailable case, of the right to be released on bail, is guaranteed under;
aSection 58
bSection 35
cSection 50
dSection 47
Answer: D
Section 47 BNSS (corresponding to old Section 50 CrPC) requires that the person arrested be informed forthwith of the full particulars of the offence and the grounds for arrest, and of the right to bail in bailable offences.
Under Section 58 of the BNSS, 2023, a person arrested without a warrant shall not be detained in custody by the police for a period exceeding, excluding the time necessary for the journey from the place of arrest to the Magistrate's Court;
aTwenty-four hours
bThirty-six hours
cForty-eight hours
dSeventy-two hours
Answer: A
Section 58 BNSS (corresponding to old Section 57 CrPC) prohibits police detention beyond twenty-four hours without production before a Magistrate, exclusive of the journey time, reflecting Article 22(2) of the Constitution.
Under Section 173 of the BNSS, 2023, where information relating to the commission of a cognizable offence is given through electronic communication, the information shall be taken on record only if it is signed by the person giving it within;
aThree days
bSeven days
cTwenty-four hours
dFourteen days
Answer: A
Section 173(1) BNSS provides that information given by electronic communication shall be taken on record on being signed by the person giving it within three days.
Under Section 173(1) of the BNSS, 2023, information about a cognizable offence may now be registered by the officer in charge of a police station;
aOnly if the offence was committed within the local limits of that police station
bIrrespective of the area where the offence is committed
cOnly after a preliminary enquiry in every case
dOnly with the prior sanction of the Superintendent of Police
Answer: B
Section 173(1) BNSS expressly uses the words 'irrespective of the area where the offence is committed', giving statutory recognition to the Zero FIR and removing jurisdictional barriers to registration.
The doctrine that Parliament's power to amend the Constitution under Article 368 does not extend to altering its 'basic structure' was first propounded by the Supreme Court in;
aKesavananda Bharati v. State of Kerala
bIndira Nehru Gandhi v. Raj Narain
cGolak Nath v. State of Punjab
dMinerva Mills v. Union of India
Answer: A
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by 7:6 that Article 368 does not enable Parliament to alter the basic structure of the Constitution.
Under Article 61, a resolution to prefer a charge for the impeachment of the President can be moved only after notice in writing signed by not less than;
aOne-half of the total number of members of the House
bOne-fourth of the total number of members of the House
cOne-tenth of the total number of members of the House
dOne-third of the total number of members of the House
Answer: B
Article 61(2) requires at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House, and the resolution must be passed by a two-thirds majority of the total membership.
The writ that lies to challenge the legality of a person's claim to hold a public office is;
aProhibition
bMandamus
cQuo warranto
dCertiorari
Answer: C
Quo warranto, meaning 'by what authority', is issued to enquire into the legality of a person's claim to a public office and to prevent usurpation of such office.
Which of the following is NOT a ground specified in Article 19(2) for imposing reasonable restrictions on the freedom of speech and expression;
aIncitement to an offence
bMaintenance of supplies of essential commodities
cSovereignty and integrity of India
dFriendly relations with foreign States
Answer: B
Article 19(2) lists eight grounds including sovereignty and integrity of India, friendly relations with foreign States and incitement to an offence; 'maintenance of supplies of essential commodities' is not among them.
Parliament may provide for the creation of a new All-India Service only if the Council of States passes a resolution to that effect supported by;
aNot less than two-thirds of the total membership of the House
bA majority of the total membership and two-thirds of members present and voting
cNot less than two-thirds of the members present and voting
dA simple majority of the members present and voting
Answer: C
Article 312 requires the Rajya Sabha to declare by resolution supported by not less than two-thirds of the members present and voting that it is necessary in the national interest to create the service.
If any question arises whether a Bill is a Money Bill or not, the decision thereon is final and is taken by;
aThe President of India
bThe Attorney-General for India
cThe Speaker of the House of the People
dThe Chairman of the Rajya Sabha
Answer: C
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 cannot be questioned in any court.
The Finance Commission constituted under Article 280 consists of;
aA Chairman and four other members
bA Chairman and five other members
cA Chairman and two other members
dA Chairman and six other members
Answer: A
Article 280(1) provides that the Finance Commission constituted by the President shall consist of a Chairman and four other members appointed by the President.
That the imposition of President's Rule under Article 356 is subject to judicial review, and that secularism and federalism form part of the basic structure, was authoritatively laid down in;
aA.K. Roy v. Union of India
bRameshwar Prasad v. Union of India
cS.R. Bommai v. Union of India
dState of Rajasthan v. Union of India
Answer: C
In S.R. Bommai v. Union of India (1994), a nine-judge bench held that a proclamation under Article 356 is subject to judicial review and that secularism and federalism are part of the basic structure.
Clauses (4) and (5) of Article 368, which sought to put constitutional amendments beyond judicial review and to declare Parliament's amending power unlimited, were struck down by the Supreme Court in;
aI.R. Coelho v. State of Tamil Nadu
bKesavananda Bharati v. State of Kerala
cMinerva Mills v. Union of India
dWaman Rao v. Union of India
Answer: C
In Minerva Mills v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) of Article 368, inserted by the 42nd Amendment, as they destroyed the limited nature of the amending power.
Under Article 21A, the State is required to provide free and compulsory education to all children of the age of;
aSix to eighteen years
bThree to fourteen years
cFive to fourteen years
dSix to fourteen years
Answer: D
Article 21A, inserted by the 86th Amendment, directs the State to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
A Legislative Council in a State may be created or abolished by Parliament under Article 169 only if the Legislative Assembly of the State first passes a resolution by;
aTwo-thirds of the total membership of the Assembly
bThree-fourths of the members present and voting
cA simple majority of the members present and voting
dA majority of the total membership and two-thirds of the members present and voting
Answer: D
Article 169 requires the Legislative Assembly to pass the resolution by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting.
If any question arises as to the age of a Judge of a High Court, the question is decided by;
aThe Governor of the State
bThe President after consultation with the Chief Justice of India
cThe Chief Justice of the High Court concerned
dThe Chief Justice of India
Answer: B
Under Article 217(3), the question of the age of a Judge of a High Court is decided by the President after consultation with the Chief Justice of India, and his decision is final.
Section 17 of the Hindu Marriage Act, 1955 dealing with punishment for bigamy attracts the application of:
aSection 304B of the Indian Penal Code
bSection 125 of the Code of Criminal Procedure
cSections 498 and 498A of the Indian Penal Code
dSections 494 and 495 of the Indian Penal Code
Answer: D
Section 17 makes a second marriage during the subsistence of the first void and expressly attracts Sections 494 and 495 of the Indian Penal Code, which penalise bigamy and bigamy with concealment of the former marriage respectively.
Under Section 11 of the Hindu Marriage Act, 1955, a marriage solemnised after the commencement of the Act is null and void only if it contravenes which of the following clauses of Section 5;
aClauses (ii), (iii) and (iv)
bClauses (i), (ii) and (iii)
cClauses (i), (iv) and (v)
dClauses (iii), (iv) and (v)
Answer: C
Section 11 renders a marriage void only for contravention of clause (i) [bigamy], clause (iv) [prohibited degrees] and clause (v) [sapinda relationship] of Section 5; breach of the age requirement in clause (iii) does not make the marriage void.
Where a petition for nullity under Section 12 of the Hindu Marriage Act, 1955 is presented on the ground that the consent of the petitioner was obtained by fraud, the petition must be presented within;
aOne year after the fraud had been discovered
bSix months from the date of marriage
cThree years from the date of marriage
dTwo years from the date of discovery of fraud
Answer: A
Section 12(2)(a)(i) bars a decree on the ground of fraud or force unless the petition is presented within one year after the fraud had been discovered or the force had ceased to operate.
Under Section 13-B of the Hindu Marriage Act, 1955, the second motion for divorce by mutual consent can ordinarily be moved by the parties not earlier than;
aImmediately after the first motion
bOne year after the first motion
cThree months after the first motion
dSix months after the first motion
Answer: D
Section 13-B(2) requires that the motion be made not earlier than six months after the date of presentation of the petition (first motion) and not later than eighteen months thereafter; the Supreme Court may waive this period in appropriate cases.
Under Section 5(iii) of the Hindu Marriage Act, 1955, at the time of marriage the completed age of the bridegroom and the bride must be respectively;
aTwenty-one years and twenty-one years
bEighteen years and eighteen years
cTwenty-one years and eighteen years
dEighteen years and fifteen years
Answer: C
Section 5(iii) requires the bridegroom to have completed twenty-one years and the bride eighteen years of age; contravention is punishable under Section 18 but does not render the marriage void.
A Hindu marriage solemnised with the customary rites of saptapadi is, under Section 7 of the Hindu Marriage Act, 1955, deemed complete and binding;
aWhen the seventh step is taken
bOn the invocation before the sacred fire
cOn the tying of the mangalsutra
dOn registration of the marriage
Answer: A
Where saptapadi forms part of the ceremonies, Section 7(2) provides that the marriage becomes complete and binding when the seventh step is taken jointly by the bride and the bridegroom before the sacred fire.
Under the Hindu Succession (Amendment) Act, 2005, a daughter of a coparcener in a Mitakshara joint family;
aIs entitled only to maintenance out of the property
bBecomes a coparcener only if she is unmarried
cAcquires a share only on the death of her father
dBecomes a coparcener by birth in the same manner as a son
Answer: D
The substituted Section 6 of the Hindu Succession Act, 1956 makes the daughter a coparcener by birth in her own right in the same manner as a son, with the same rights and liabilities in the coparcenary property.
On the death of a male Hindu dying intestate, which of the following is NOT a Class I heir under the Schedule to the Hindu Succession Act, 1956;
aWidow
bFather
cSon
dMother
Answer: B
The father is a Class II heir, not a Class I heir; Class I heirs include the son, daughter, widow and mother, who succeed simultaneously to the exclusion of all others.
Section 14(1) of the Hindu Succession Act, 1956 provides that any property possessed by a female Hindu shall be held by her as;
aA limited owner liable to revert to the reversioners
bA life estate only
cFull owner thereof and not as a limited owner
dA trustee for the heirs of her husband
Answer: C
Section 14(1) converts the limited estate of a female Hindu (the old 'widow's estate') into absolute ownership, declaring that any property possessed by her shall be held by her as full owner and not as a limited owner.
Where a female Hindu dies intestate without leaving any son or daughter (or children of a predeceased son or daughter), property inherited by her from her husband or father-in-law devolves, under Section 15(2) of the Hindu Succession Act, 1956, upon;
aThe heirs of the husband
bThe heirs of her father
cHer own brothers and sisters
dThe State by escheat
Answer: A
Section 15(2)(b) provides that property inherited by a female Hindu from her husband or father-in-law, in the absence of her son or daughter or their children, devolves upon the heirs of the husband rather than on her general heirs.
Under Section 25 of the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder is;
aDisqualified only if convicted by a criminal court of murder under Section 302 IPC
bEntitled to inherit only a reduced share
cEntitled to inherit after undergoing the sentence
dDisqualified from inheriting the property of the person murdered
Answer: D
Section 25 disqualifies a murderer or abettor of murder from inheriting the property of the person murdered or any other property in furtherance of succession to which he committed the murder; the disqualification rests on the rule that one cannot profit from one's own crime.
Which High Court exercises jurisdiction over the State of Haryana, having its seat at Chandigarh?
aThe Rajasthan High Court
bThe Delhi High Court
cThe Punjab and Haryana High Court
dThe High Court of Himachal Pradesh
Answer: C
The Punjab and Haryana High Court, with its seat at Chandigarh, is the common High Court for the States of Punjab and Haryana and the Union Territory of Chandigarh.
Among the persons conferred the Bharat Ratna in the year 2024, who served as the ninth Prime Minister of India and is associated with the economic liberalisation of 1991?
aP. V. Narasimha Rao
bChaudhary Charan Singh
cLal Krishna Advani
dKarpoori Thakur
Answer: A
P. V. Narasimha Rao, the ninth Prime Minister of India under whom the 1991 economic reforms were initiated, was among the five persons conferred the Bharat Ratna in 2024.
Choose the option that correctly completes the analogy: 'Plaintiff' is to 'Defendant' as 'Appellant' is to;
aProsecutor
bComplainant
cPetitioner
dRespondent
Answer: D
In a suit the opposite party to the plaintiff is the defendant; correspondingly, in an appeal the party against whom the appeal is preferred is the respondent.
If in a certain code 'COURT' is written as 'DPVSU', then how will the word 'JUDGE' be written in the same code?
aKVFHF
bKWEIF
cKVEHF
dIVCHD
Answer: C
Each letter is shifted forward by one position (C to D, O to P, etc.). Applying the same rule to JUDGE gives K, V, E, H, F, i.e., KVEHF.
Q92General Knowledge / Current Affairs
Pointing to a photograph, a man said, 'She is the only daughter of my grandfather's only son.' How is the woman in the photograph related to the man?
aSister
bAunt
cMother
dNiece
Answer: A
The grandfather's only son is the man's own father; the only daughter of his father is therefore the man's sister.
Q93General Knowledge / Current Affairs
Find the number that should replace the question mark in the series: 3, 7, 15, 31, 63, ?
a121
b95
c129
d127
Answer: D
Each term is obtained by doubling the previous term and adding one (3x2+1=7, 7x2+1=15, and so on); hence 63x2+1 = 127.
Q94General Knowledge / Current Affairs
Choose the word which is most nearly OPPOSITE in meaning to the word 'ACQUIT', as used in legal parlance;
aExonerate
bConvict
cDischarge
dAbsolve
Answer: B
To 'acquit' means to set free from a charge; its opposite is to 'convict', meaning to declare guilty. Discharge, absolve and exonerate are near-synonyms of acquit.
Q95General Knowledge / Current Affairs
Select the sentence which is grammatically correct;
aNeither the judge nor the counsel was present in the court.
bNeither the judge nor the counsel have been present in the court.
cNeither the judge nor the counsel were present in the court.
dNeither the judge nor the counsels was present in the court.
Answer: A
With the correlative 'neither...nor', the verb agrees with the nearer subject. As 'counsel' here is singular, the singular verb 'was' is correct.
Q96General Knowledge / Current Affairs
A sum of money doubles itself in 8 years at simple interest. In how many years will the same sum become four times itself at the same rate of simple interest?
a24 years
b32 years
c12 years
d16 years
Answer: A
If the sum doubles in 8 years, the interest equals the principal in 8 years, i.e., the rate is 12.5% per annum. To become four times, the interest must equal thrice the principal, which takes 3 x 8 = 24 years.
Q97Indian Contract Act
Under Section 56, a contract to do an act which after the contract is made becomes impossible, or by reason of some event which the promisor could not prevent becomes unlawful, becomes;
aIllegal ab initio
bVoid when the act becomes impossible or unlawful
cValid but unenforceable
dVoidable
Answer: B
Section 56, para 2 embodies the doctrine of frustration: a contract to do an act which subsequently becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.
Under Section 23 of the Indian Contract Act, the consideration or object of an agreement is unlawful where;
aIt is fraudulent
bThe court regards it as opposed to public policy
cAny of the above grounds exists
dIt is forbidden by law
Answer: C
Section 23 enumerates several grounds (forbidden by law, defeating provisions of law, fraudulent, injury to person/property, immoral or opposed to public policy); the presence of any one renders the consideration or object unlawful.
Where consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is;
aVoidable at the option of the party whose consent was so caused
bValid and binding on both parties
cVoidable at the option of either party
dVoid ab initio
Answer: A
Under Section 19, when consent is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
When a contract has been broken, the party who suffers is entitled under Section 73 to compensation for loss or damage which;
aIs by way of penalty stipulated in the contract
bNaturally arose in the usual course of things from the breach, or which the parties knew to be likely to result
cIncludes remote and indirect loss
dArises from any subsequent change in market conditions
Answer: B
Section 73, embodying the rule in Hadley v. Baxendale, allows compensation for loss naturally arising in the usual course of things or which the parties knew, when contracting, to be likely to result; remote and indirect loss is expressly excluded.
A person who was admitted to the benefits of partnership during his minority may, on attaining majority, elect to become or not to become a partner by giving public notice within;
aone year of attaining majority
bthree months of attaining majority or of obtaining knowledge of his admission, whichever date is later
csix months of attaining majority or of obtaining knowledge of his admission, whichever date is later
dthirty days of attaining majority
Answer: C
Under Section 30, such a person may give public notice within six months of attaining majority, or of obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later; failing which he becomes a partner on the expiry of that period.
Subject to a contract between the partners, under Section 31 of the Indian Partnership Act, 1932, a new partner can be introduced into a firm only with the consent of;
aa majority of the existing partners
bthe partners holding a majority of the share in the firm
call the existing partners
dthe managing partner alone
Answer: C
Section 31 provides that, subject to contract and to Section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners.
Subject to a contract between the partners, which of the following does NOT, under Section 42 of the Indian Partnership Act, 1932, dissolve a firm on the happening of a contingency?
aCompletion of the adventure for which the firm was constituted
bRetirement of a partner
cDeath of a partner
dExpiry of the fixed term for which the firm was constituted
Answer: B
Section 42 lists expiry of fixed term, completion of the adventure or undertaking, death of a partner and adjudication of a partner as insolvent as contingencies dissolving a firm; retirement is dealt with separately under Section 32 and is not a Section 42 contingency.
Section 27 of the Sale of Goods Act, 1930, which lays down that where goods are sold by a person who is not the owner the buyer acquires no better title than the seller had, gives statutory effect to the maxim;
aNemo dat quod non habet
bRes ipsa loquitur
cCaveat venditor
dActus curiae neminem gravabit
Answer: A
Section 27 enacts 'nemo dat quod non habet' (no one can give a better title than he himself has), subject to exceptions such as estoppel, sale by mercantile agent and sale by one of joint owners.
Under Section 45 of the Sale of Goods Act, 1930, a seller of goods is deemed to be an 'unpaid seller' when;
aThe goods have been delivered to a carrier
bOnly the buyer has become insolvent
cA part of the price, however small, remains unpaid only after delivery
dThe whole of the price has not been paid or tendered
Answer: D
Section 45(1) deems the seller 'unpaid' when the whole of the price has not been paid or tendered, or when a negotiable instrument received as conditional payment has been dishonoured.
The right of an unpaid seller to retain possession of goods in his possession until payment or tender of the price (the unpaid seller's lien) is conferred by;
aSection 50 of the Sale of Goods Act, 1930
bSection 45 of the Sale of Goods Act, 1930
cSection 47 of the Sale of Goods Act, 1930
dSection 54 of the Sale of Goods Act, 1930
Answer: C
Section 47 confers the unpaid seller's lien, exercisable where goods are sold without stipulation as to credit, where the credit term has expired, or where the buyer becomes insolvent.
An acknowledgment of liability under Section 18 of the Limitation Act, 1963 furnishes a fresh period of limitation only if it is
ain writing but made at any time, even after the period has expired
baccompanied by part-payment of the amount due
cin writing, signed by the party against whom the right is claimed, and made before the expiration of the prescribed period
doral and made after the expiry of the prescribed period
Answer: C
Section 18 requires the acknowledgment to be in writing, signed by the party (or his agent), and made before the prescribed period expires; a fresh period then runs from the date of signing.
Under Section 21 of the Limitation Act, 1963, where after the institution of a suit a new defendant is substituted or added, the suit, as against him, shall be deemed to have been instituted
aon the date of the original institution of the suit
bwhen he was so made a party
con the date the cause of action first arose
don the date the court framed issues against him
Answer: B
Section 21 provides that where a new plaintiff or defendant is added, the suit is, as regards him, deemed instituted when he was made a party, subject to the proviso for an honest mistake.
Section 27 of the Limitation Act, 1963 is regarded as exceptional because, at the determination of the period limited for instituting a suit for possession of property, it
amerely bars the remedy of the dispossessed owner
btransfers the title to the State
csuspends the right of the owner for a further period of twelve years
dextinguishes the right of the person to such property
Answer: D
Unlike the general rule that limitation bars only the remedy, Section 27 extinguishes the very right to the property once the period to sue for possession has run out, perfecting adverse possession.
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;
arescission of the contract under Section 27
ba mandatory injunction under Section 39
ca temporary injunction under Section 37
da declaratory decree under Section 34
Answer: B
Section 39 empowers the court to grant a mandatory injunction by directing the performance of the requisite acts that it is capable of enforcing, in addition to restraining the breach.
The recovery of specific movable property may be sued for under which provision of the Specific Relief Act, 1963;
aSection 6
bSection 5
cSection 10
dSection 7
Answer: D
Section 7 provides for recovery of possession of specific movable property; Section 8 deals with liability of a person in possession (not as owner) to deliver it to the entitled person.
aThe permanent dedication of property for purposes recognised by Muslim law as religious, pious or charitable
bA gift made during marz-ul-maut (death-illness)
cA sale of property in lieu of dower
dA temporary transfer of property for charitable purposes
Answer: A
A waqf is the permanent dedication of movable or immovable property by a Muslim for purposes recognised by Muslim law as religious, pious or charitable.
Under the Hanafi (Sunni) law, a gift (hiba) made by a person during marz-ul-maut (death-illness) is treated as;
aValid to the extent of the whole property
bValid only if made in writing and registered
cSubject to the rules of will, operative only to the extent of one-third of the estate without consent of heirs
dWholly void
Answer: C
A death-bed gift (marz-ul-maut) is governed by the rules applicable to wills; it cannot take effect beyond one-third of the estate without the consent of the heirs.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to obtain a decree of dissolution of her marriage on the ground that the whereabouts of her husband have not been known for a period of;
aFour years
bTwo years
cOne year
dThree years
Answer: A
Under Section 2(i) of the Dissolution of Muslim Marriages Act, 1939, a wife may seek dissolution where the husband's whereabouts have been unknown for four years.
Where the delay in presentation of a document for registration was occasioned by urgent necessity or unavoidable accident, the Registrar under Section 25 of the Registration Act, 1908 may direct that the document be accepted on payment of a fine not exceeding;
aThe amount of the proper registration fee
bTen times the amount of the proper registration fee
cTwice the amount of the proper registration fee
dFive times the amount of the proper registration fee
Answer: B
Section 25 permits condonation of a delay not exceeding four months on payment of a fine that may extend up to ten times the amount of the proper registration fee.
A document relating to immovable property is, under Section 28 of the Registration Act, 1908, required to be presented for registration in the office of the Sub-Registrar within whose sub-district;
aThe person presenting the document ordinarily resides
bThe document was executed
cThe whole or some portion of the property is situate
dThe executant carries on business
Answer: C
Section 28 requires documents falling within clauses dealing with immovable property to be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situate.
Once the fair rent of a building or rented land has been fixed by the Controller under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, no further increase or decrease in such fair rent shall ordinarily be permissible for a period of;
aSeven years
bThree years
cFive years
dTwo years
Answer: C
Section 6(1) provides that after fair rent is fixed under Section 4, no further increase or decrease is permissible for a period of five years, subject to the proviso permitting increase where addition, improvement or alteration is made.
In a petition for eviction for non-payment of rent under Section 13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a tenant is deemed to have duly tendered the rent if, within fifteen days of the first hearing after due service, he pays the arrears of rent and costs together with interest on such arrears at;
aTwelve per centum per annum
bSix per centum per annum
cNine per centum per annum
dEight per centum per annum
Answer: D
The first proviso to Section 13(2)(i) allows the tenant to escape eviction by paying the arrears with interest at eight per centum per annum, plus costs, within fifteen days of the first hearing of the ejectment application.
The principle of 'absolute liability', distinguished from strict liability by the Supreme Court so as to admit no exceptions for an enterprise engaged in a hazardous or inherently dangerous activity, was propounded in;
aDonoghue v. Stevenson
bM.C. Mehta v. Union of India (Oleum Gas Leak case)
cRylands v. Fletcher
dAshby v. White
Answer: B
In M.C. Mehta v. Union of India, AIR 1987 SC 1086, the Supreme Court (per Bhagwati, C.J.) evolved the rule of absolute liability, holding that an enterprise carrying on a hazardous activity is absolutely liable for harm caused, unrestricted by the exceptions available under Rylands v. Fletcher.
The 'neighbour principle', laying the modern foundation of the duty of care in the tort of negligence, was enunciated by Lord Atkin in;
aBourhill v. Young
bRylands v. Fletcher
cDonoghue v. Stevenson
dWilkinson v. Downton
Answer: C
In Donoghue v. Stevenson [1932] AC 562, Lord Atkin laid down the neighbour principle, holding that one must take reasonable care to avoid acts or omissions likely to injure persons so closely and directly affected as one ought reasonably to have them in contemplation.
Under Section 29 of the Punjab Courts Act, 1918, the High Court may confer upon a Subordinate Judge the jurisdiction of a Judge of a Court of Small Causes for the trial of suits cognizable by such Courts up to a value not exceeding:
aFive thousand rupees
bOne thousand rupees
cFive hundred rupees
dTwo thousand rupees
Answer: D
Section 29 permits the High Court, by notification, to invest a Subordinate Judge with Small Cause Court jurisdiction up to a value not exceeding two thousand rupees, and to withdraw any jurisdiction so conferred.
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