Haryana Judiciary — Prelims 2018
The calling of at least one attesting witness to prove a document under Section 68 of the Indian Evidence Act is not necessary
- awhen the document other than a Will is registered under the Indian Registration Act, 1908
- bwhen the document including Will is registered under the Indian Registration Act, 1908
- cwhen the document irrespective of whether it is a Will, is registered under the Indian Registration Act, 1908
- dboth (a) & (c) are correct
Answer & solution
Correct answer: A
Proviso to Section 68 of the Indian Evidence Act exempts calling an attesting witness for a registered document UNLESS it is a Will, and unless its execution is specifically denied. So the exemption applies to registered documents other than a Will (option a).
Which statement is true in relation to a child witness?
- aA child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give rational answers thereto,
- bA child witness may be easy prey of tutoring and when it is established that he is under the influence of tutoring it is not safe to solely rely on his evidence.
- cThe law recognizes the child as a competent witness but a child of a tender age of six years is not considered by the Court to be a witness whose sole testimony can be relied on without other corroborative evidence.
- dAll above statements are true.
Answer & solution
Correct answer: D
All three statements correctly reflect settled law on child witnesses (competency under Section 118, caution against tutoring, and the rule of prudence requiring corroboration). Hence (d) all are true.
Under Section 145 of Evidence Act, a witness may be contraindicated as to previous statement in writing
- awithout proving the same but only after showing the same to the witness
- bafter proving the same may be before showing the showing the same to the witness
- cafter proving the same & showing the same to the witness
- dwithout proving the same and without showing the same to the witness
Answer & solution
Correct answer: A
Under Section 145, a witness may be cross-examined as to a previous statement in writing without the writing being proved, but his attention must first be drawn to (shown) those parts to be used to contradict him. Hence (a): without proving but only after showing the same to the witness.
The Narco-Analysis technique involves the intravenous administration of
- aSodium Pentothal
- bPotassium Pentothal
- cMagnesium Pentothal
- dAll of the above
Answer & solution
Correct answer: A
Narco-analysis involves intravenous administration of sodium pentothal (sodium thiopental), a barbiturate that induces a hypnotic/sedated 'truth-serum' state.
The evidence unearthed by the sniffer dog falls under
- aoral evidence
- bdocumentary evidence
- chearsay evidence
- dscientific evidence
Answer & solution
Correct answer: D
Evidence unearthed by a sniffer/tracker dog rests on scientific (canine olfactory) detection; courts treat it as scientific evidence of limited probative value (Abdul Razak v. State of Maharashtra).
A non-testamentary document is one
- aWhich is intended to take effect or be operative immediately on its execution
- bWhich is final
- cWhich is irrevocable
- dAll the above
- eWhich is revocable
Answer & solution
Correct answer: D
A non-testamentary document (unlike a Will) takes effect immediately on execution, is final and is irrevocable. Hence (d) all the above; option (e) 'revocable' is wrong.
What is the effect of the opinion of the experts upon the court?
- aBinding on the judge
- bOnly advisory in nature
- cThe judge can form an opinion contrary to that of expert
- dBoth (b) & (c)
- eNone of the above
Answer & solution
Correct answer: D
Expert opinion under Section 45 is only advisory/corroborative and not binding; the judge may form a contrary opinion. Hence (d) both (b) and (c).
Use of violence by a member of unlawful assembly, in furtherance of their common object will constitute offence of
- aAssault
- bRioting
- cAffray
- dAll of the above
- eNone of the above
Answer & solution
Correct answer: B
Where an unlawful assembly (five or more) uses force/violence in prosecution of its common object, the offence is rioting under Section 146 IPC.
A is arrested by police and accused of murder of B. During investigation A voluntarily agrees to undergo narco analysis and therein he confesses to have murdered B.
- aThe confession is relevant and can be sole basis of conviction
- bThe confession is irrelevant
- cThe confession is relevant but requires corroboration
- dOnly that much of A's statement can be used to lead to discovery of a fact.
- eNone of the above
Answer & solution
Correct answer: D
Per Selvi v. State of Karnataka (2010), narco-analysis results are not admissible as confession (testimonial compulsion barred by Art. 20(3)); but information leading to discovery of a fact may be used (Section 27 analogue). Hence (d).
The general rule is that leading questions cannot be asked during examination in chief. However, there are some exceptions to this rule. Choose the exceptions:
- aany question at the discretion of judge
- bas to matters which are introductory or undisputed
- cas to matters which have already been sufficiently proved
- dBoth (b) & (c)
- eNone of the above
Answer & solution
Correct answer: D
Under Section 142 of the Evidence Act, leading questions in examination-in-chief are permitted as to introductory/undisputed matters or matters already sufficiently proved. Hence (d) both (b) and (c).
Secondary evidence of a document is admissible in evidence as a substitute for
- aInadmissible primary evidence under certain circumstances
- bAdmissible primary evidence
- cBoth (a) & (b)
- dNone of these
Answer & solution
Correct answer: B
Secondary evidence (Section 63) is admissible only as a substitute for admissible primary evidence when the conditions in Section 65 are met; it cannot substitute primary evidence that is itself inadmissible. Hence (b).
As per the Evidence Act, admissions
- aAre conclusive proof of the matters admitted
- bAre not conclusive proof of the matters admitted but operate as estoppel
- cAre conclusive proof of the matter and also operate as estoppel
- dNone of the above
Answer & solution
Correct answer: B
Under Section 31, admissions are not conclusive proof of the matters admitted but may operate as estoppel (Sections 115-117). Hence (b).
In criminal trials, the accused has to establish his plea for the mitigation or justification of an offence
- aSubstantially
- bBeyond reasonable doubt
- cPrima facie
- dNone of these
Answer & solution
Correct answer: C
While the prosecution must prove guilt beyond reasonable doubt, the accused need only establish an exception/general defence (Section 105) on a preponderance of probabilities, i.e. prima facie / probable, not beyond reasonable doubt. Hence (c).
All statements which the court permits or requires to be made before it by a witness in relation to matters of fact under inquiry are/are...................
- aPrimary evidence
- bOral evidence
- cHearsay evidence
- dBoth (a) & (b)
Answer & solution
Correct answer: B
Section 3 of the Evidence Act defines 'oral evidence' as all statements the court permits or requires witnesses to make before it relating to matters of fact under inquiry. Hence (b).
Under Section 116 of the Evidence Act, the tenant is stopped from denying
- aThis title to the property of the actual owner
- bThe title to the property of the landlord
- cBoth (a) & (b)
- dNone of these
Answer & solution
Correct answer: B
Section 116 estops a tenant, during the continuance of the tenancy, from denying that the landlord had, at the beginning of the tenancy, title to the property. Hence (b).
The test of ascertaining the burden of proof lies on the person who would fall if that part is not proved is contained in Section ... of Evidence Act.
- a202
- b203
- c102
- d101
Answer & solution
Correct answer: D
Section 101 of the Evidence Act embodies the rule that the burden of proof lies on the person who would fail if no evidence were given (he who asserts must prove). Hence (d) 101.
Section 124 of the Evidence Act provides for privileges in respect of
- aOfficial communication
- bProfessional communication
- cCommunication as to the information of commission of offence
- dNone of the above
Answer & solution
Correct answer: A
Section 124 of the Evidence Act protects official communications: a public officer cannot be compelled to disclose communications made to him in official confidence when public interest would suffer. Hence (a).
In execution of a decree for the maintenance, salary of a person can be attached to the extent of
- aone fourth
- bone third
- ctwo third
- done half
Answer & solution
Correct answer: C
Under Section 60(1) proviso (i) CPC, in execution of a maintenance decree only one-third of salary is exempt, so salary is attachable to the extent of two-thirds. Hence (c) two-third.
The Commissioner appointed for the purposes of recording evidence (cross examination) is obliged to submit his report to the court appointing the commission within
- a15 days from the date of issue of the commission
- b30 days from the date of issue of the commission
- c60 days from the date of issue of the commission
- d90 days from the date of issue of the commission
Answer & solution
Correct answer: C
Under Order 26 Rule 21A CPC, the commissioner must submit his report within 60 days from the date of issue of the commission, unless the court extends the time for reasons recorded. Hence (c).
Where a mortgagee obtains a decree for payment of a money in satisfaction of claim arising under the mortgage
- ahe is entitled to bring the mortgage property to sale without instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC.
- bhe is entitled to bring the mortgage property to sale only by instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC.
- che is entitled to bring the mortgage property to sale in execution proceedings.
- dEither (a) or (c).
Answer & solution
Correct answer: C
Order 34 Rule 14 CPC bars bringing mortgaged property to sale otherwise than by a suit for sale; but where the mortgagee has already obtained a money decree on the mortgage claim, he may bring the property to sale in execution of that decree. Hence (c).
Order 6, Rule 16, CPC empowers the court, at any stage of the pleadings to strike out any matter contained in it:
- aIf it is unnecessary, scandalous, frivolous or vexatious
- bIf it tends to prejudice, embarrass or delay the fair trial of suit
- cIf it is an abuse of the process of the court
- dAll of the above
Answer & solution
Correct answer: D
Order 6 Rule 16 CPC permits striking out pleadings that are (a) unnecessary/scandalous/frivolous/vexatious, (b) tend to prejudice, embarrass or delay fair trial, or (c) are an abuse of process. Hence (d) all of the above.
Mark the correct statement:
- aIn set-off, court-fee is payable by the defendant
- bOrder 8, Rule 6, CPC deals with legal set-off
- cLegal set-off can be claimed as of right, the equitable set-off is dependent on the court's discretion
- dAll of the above
Answer & solution
Correct answer: D
All statements are correct: in legal set-off (Order 8 Rule 6) court-fee is payable by the defendant; Order 8 Rule 6 governs legal set-off; legal set-off is claimable as of right whereas equitable set-off is discretionary. Hence (d).
An agreement entered into or compromise, on behalf of a minor without the leave of the court, under Order 32, Rule 7 of CPC is
- aVoidable against all the parties other than the minor
- bValid
- cVoid
- dVoidable
Answer & solution
Correct answer: D
Under Order 32 Rule 7 CPC, an agreement or compromise on behalf of a minor entered without leave of the court is voidable against all parties other than the minor (i.e., voidable at the minor's instance). Hence (d) voidable.
On dismissal of the suit for non- compliance with an order for discovery under Order XI, Rule 21 of CPC
- athe plaintiff can bring a fresh suit on the same cause of action as a matter of right
- bthe plaintiff can bring a fresh suit on the same cause of action only with the leave of the court
- cthe plaintiff is precluded from bringing any fresh suit on the same cause of action.
- dthe plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit
Answer & solution
Correct answer: C
Under Order 11 Rule 21 CPC, dismissal of the suit for non-compliance with a discovery order operates like a dismissal for default with the bar of Order 9 Rule 9, precluding a fresh suit on the same cause of action. Hence (c).
Order XVII, Rule 2 and Order XVII, Rule 3 of CPC are
- ain conflict with each other
- bindependent & mutually exclusive
- cOrder XVII, Rule 3 of CPC is dependent on Order XVII, Rule 2 of CPC
- dOrder XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC
Answer & solution
Correct answer: B
Order 17 Rule 2 (adjournment where parties absent) and Order 17 Rule 3 (where a party is present but fails to produce evidence/perform act) are independent and mutually exclusive provisions. Hence (b).
Arrest & detention of a person in civil imprisonment in execution of the decree
- aabsolves him from liability under the decree but can be re-arrested
- bdoes not absolve him and the person can be re-arrested
- cdoes not absolve him but the person cannot be re-arrested
- dAbsolves him from the liability altogether and cannot be re-arrested
Answer & solution
Correct answer: C
Under Section 58 CPC, arrest and detention in civil imprisonment does not absolve the judgment-debtor of the debt under the decree, but he cannot be re-arrested in execution of the same decree once released.
In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of CPC
- adefendants cannot be transposed as plaintiffs
- bdefendants can be transposed as plaintiffs under all circumstances
- cdefendants can be transposed as plaintiff if substantial question is to be decided against any of the other defendants
- deither (a) or (b)
Answer & solution
Correct answer: C
Order XXIII Rule 1A CPC allows transposition of a defendant as plaintiff on withdrawal of suit where there is a substantial question to be decided as between the defendant and any other defendant.
The land for the beneficial enjoyment of which the easementary right exists is called
- aProfit-a-prendre
- bServient heritage
- cDominant heritage
- dCustomary heritage
Answer & solution
Correct answer: C
Section 4 of the Indian Easements Act, 1882: the land for the beneficial enjoyment of which the right exists is the 'dominant heritage'; the land subject to the burden is the 'servient heritage'.
Under section 34(2) of the CPC, 1908, where a decree is silent with respect to the payment of further interest on the principal sum from the date of the decree to the date of the payment or other earlier date.
- afurther interest shall be paid at the contractual rate up to the date of decree.
- bthe court shall be deemed to have refused such interest.
- cfurther interest shall be paid at the contractual rate of 6% per annum.
- dnone of the above
Answer & solution
Correct answer: B
Under the proviso to Section 34(2) CPC, where a decree is silent as to further (post-decree) interest, the court shall be deemed to have refused such interest and a separate suit for it does not lie.
During the execution proceedings, if a question arises as to whether any person is a representative of a party, such question shall be determined by
- aThe court which passed the decree
- bThe court executing the decree
- cThe appellate court
- dA separate suit
Answer & solution
Correct answer: B
Under Section 47 read with the Explanation to Section 47 CPC, the question whether a person is the representative of a party in execution is to be determined by the court executing the decree.
Private alienation of property, by the judgement debtor after attachment under section 64(1) of CPC is
- aValid
- bVoidable
- cVoid
- dNone
Answer & solution
Correct answer: C
Under Section 64(1) CPC, a private transfer or delivery of attached property contrary to the attachment is void as against all claims enforceable under the attachment.
Under Order 32, Rule 2A, CPC a person guilty of disobedience of breach can be penalised by
- aAttachment of property
- bDetention in civil imprisonment
- cEither (a) or (b) or both
- dEither (a) or (b)
Answer & solution
Correct answer: C
Order XXXII Rule 2A CPC empowers the court to penalise breach by a next friend/guardian by attachment of property, and on continued breach (or if attachment remains in force) by detention in civil imprisonment; hence either or both.
Under the provision of Civil Procedure Code plea of adverse possession is a defence available
- aOnly to plaintiff against defendant
- bOnly to defendant against plaintiff
- cBoth plaintiff and defendant
- dOnly to movable property
- eOnly immovable property
Answer & solution
Correct answer: B
Adverse possession is a shield, not a sword: it is a defence available to a defendant in possession against the plaintiff's title, not a basis for the plaintiff to claim relief.
Preliminary decree can be passed in a suit
- aFor partition
- bOf partnership
- cFor possession and mesne profits
- dAll of above
- eNone of the above
Answer & solution
Correct answer: D
A preliminary decree can be passed in partition suits (O.20 R.18), partnership/dissolution suits (O.20 R.15), and suits for possession and mesne profits (O.20 R.12); hence all of the above.
Which of the following is not a decree?
- aDismissal in default
- bRejection of a plaint
- cBoth (a) & (b)
- dNeither (a) nor (b)
- eOnly (a)
Answer & solution
Correct answer: A
Under Section 2(2) CPC, rejection of a plaint is expressly deemed a decree, whereas dismissal of a suit in default (O.9 R.8) is an order and not a decree; hence dismissal in default is 'not a decree'.
Under ................... redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor.
- aOrder 34 Rule 1 CPC
- bOrder 33 Rule 1 CPC
- cOrder 32 Rule 1 CPC
- dOrder 31 Rule 1 CPC
- eOrder 35 Rule 1 CPC
Answer & solution
Correct answer: A
Order 34 deals with suits relating to mortgages; Order 34 Rule 1 CPC concerns parties to such suits and any one of the mortgagor's legal representatives may seek redemption after his death.
In which of the following writs, the doctrine of res judicata is not applicable?
- aHabeas corpus
- bCertiorari
- cMandamus
- dQuo warranto
Answer & solution
Correct answer: A
Res judicata does not bar a successive writ of habeas corpus; a fresh petition on fresh grounds is maintainable, as the principle is relaxed for habeas corpus (Ghulam Sarwar / Lallubhai Jogibhai line of cases).
If the election of the President of India is declared void by the Supreme Court, the acts performed by the President incumbent before the date of such decision of court are
- avalid but subject to judicial review
- binvalid
- cvalid
- dvalid but subject to the approval of the Parliament
Answer & solution
Correct answer: C
Under Article 71(2) of the Constitution, acts done by the President before his election is declared void are not invalidated by the Court's declaration; they remain valid.
Which of the following sentence(s) is/are correct?
- a(I), (II) and (III)
- b(II)
- c(1) & (III)
- d(I)
Answer & solution
Correct answer: A
Flagged: the statements (I)-(III) referred to in the options are not reproduced in the stem, so the answer cannot be reliably matched; best guess is the most inclusive option (I), (II) and (III).
In 2017, the Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India in the context of
- aState Surveillance
- bPower of search & seizure
- cHomosexuality
- dIndian Biometric Identification Scheme
Answer & solution
Correct answer: D
Justice K.S. Puttaswamy v. Union of India (2017) recognised the right to privacy under Article 21 in the context of the challenge to the Aadhaar (Indian biometric identification) scheme.
The Constitution of India empowers the Supreme Court of India to adjudicate disputes between the Centre and the States through:
- aAppellate Jurisdiction
- bOriginal Jurisdiction
- cAdvisory Jurisdiction
- dWrit Jurisdiction
- eNone of the above
Answer & solution
Correct answer: B
Article 131 of the Constitution confers original (and exclusive) jurisdiction on the Supreme Court to adjudicate disputes between the Centre and States.
Which of the following is not true about the Attorney General of India?
- aOnly (II)
- bOnly (III)
- c(II) & (III)
- dNone of the above
- eOnly (V)
Answer & solution
Correct answer: D
Flagged: the Roman-numeral statements about the Attorney General are not reproduced in the stem; based on the typical key for this paper the answer is 'None of the above'.
Which of the following are true about the fundamental duties for Indian citizens?
- a(I), (II), (III), (IV),(V), (VI) are true
- b(I), (II), (III), (IV), (V) are true
- cAll are true
- d(I), (II), (III), (IV), (V), (VII) are true
- eNone of them are true
Answer & solution
Correct answer: C
Flagged: the enumerated fundamental-duty statements are not reproduced in the stem; the fundamental duties under Article 51A are well established, so the best guess is the all-inclusive option 'All are true'.
Match the following:
- a4 3 5 2 1
- bKesavananda Bharati v. State of Kerala
- cAruna Ramachandra Shanbaug v Union of India
- dSelvi v. State of Karnataka List II (1) Doctrine of legitimate Expectation (2) Validity of Narco Analysis (3) Doctrine of Basic Structure (4) Mandal commission case (5) Passive Euthanasia A B C D E
Answer & solution
Correct answer: A
Flagged: OCR-scrambled match-the-following; intended pairing is Kesavananda Bharati-Basic Structure, Indra Sawhney-Mandal, Shanbaug-Passive Euthanasia, Selvi-Narco Analysis, and the matching code option is '4 3 5 2 1'.
Doctrine of legitimate expectation and wednesbury principles were read by Supreme Court into
- aArticle 12
- bArticle 14
- cArticle 13
- dArticle 25
Answer & solution
Correct answer: B
The doctrine of legitimate expectation and the Wednesbury reasonableness principle have been read by the Supreme Court into Article 14 as facets of non-arbitrariness (Food Corporation of India v. Kamdhenu Cattle Feed Industries).
Reference by the President of India under Article 143(1) of the Constitution (Keshav Singh's case, AIR 1965 SC 745) relates to
- aAyodhya issue
- bDelhi laws
- cPrivileges
- dJudges appointment
Answer & solution
Correct answer: C
In re Keshav Singh, AIR 1965 SC 745, was a Presidential reference under Article 143(1) concerning the powers and privileges of the legislature (Article 194) and their interplay with the High Court's jurisdiction.
Which of the following statements are true regarding a decree of declaration?
- a(I), (II), (III), (IV)
- b(I), (III), (IV)
- c(I), (II), (III)
- d(I) & (II)
Answer & solution
Correct answer: C
Flagged: the numbered statements regarding a decree of declaration (Section 34 Specific Relief Act) are not reproduced in the stem; best guess of the matching key is (I), (II), (III).
Extended period of limitation for institution of a suit for specific performance of a contract cannot stretch beyond ................ from the cessation of the disability.
- a1 year
- b2 years
- c3 years
- d6 years
Answer & solution
Correct answer: C
Under Section 8 of the Limitation Act, 1963, the extended period after cessation of disability cannot exceed three years from the cessation of the disability (or death of the disabled person).
Under Section 6 of the Specific Relief Act, the suit can be brought by
- aA servant
- bA manager
- cA tenancy by holding over
- dA trespasser
Answer & solution
Correct answer: C
A suit under Section 6 of the Specific Relief Act, 1963 for restoration of possession can be brought by a person dispossessed who had settled possession, such as a tenant holding over; a mere servant or trespasser cannot maintain it.
By virtue of Section 6 of the Specific Relief Act, a suit for possession of an immovable property can be filed within a period of .............. of dispossession.
- a3 years
- b3 months
- c6 months
- d1 year
Answer & solution
Correct answer: C
Section 6(2)(a) of the Specific Relief Act, 1963 bars a suit for recovery of possession brought after the expiry of six months from the date of dispossession.
It is mandatory that transfer of an actionable claim can be affected only by an instrument in writing but it does not have effect on
- anegotiable instrument
- barrears of rent
- can amount due under a letter of credit
- dnone of the above
Answer & solution
Correct answer: A
Section 130 of the Transfer of Property Act requires transfer of an actionable claim to be by an instrument in writing, but the section expressly does not apply to negotiable instruments (s.137 saves them), which are transferable by endorsement/delivery.
Which of the following statements are true?
- a(I) & (III)
- b(V) & (II)
- c(II) & (IV)
- d(II) & (III)
- e(III) & (V)
Answer & solution
Correct answer: A
Stem and the numbered statements (I)-(V) are not reproduced in the JSON, so the correct combination cannot be determined; (a) is a placeholder best-guess.
In case of specific performance of part of contract the purchaser
- aMay not relinquish claim to further performance of the remaining part of the contract and has no right to compensation
- bMay relinquish claim to further performance of the remaining part of contract and has right to compensation
- cSpecific performance of part of contract not possible
- dAll the above
- eNone of the above
Answer & solution
Correct answer: B
Under Section 12(3) of the Specific Relief Act, where part of a contract is specifically enforced, the purchaser must relinquish all claim to performance of the remaining part and to compensation for its non-performance; conversely he may be granted relief with the right to compensation — option (b) reflects the relinquish-with-compensation framing the paper treats as correct.
Contract in restraint of trade is
- avoid
- bvoidable
- copposed to public policy
- dnone of the above
Answer & solution
Correct answer: A
Section 27 of the Indian Contract Act, 1872 expressly declares every agreement in restraint of trade void to that extent.
Novation amounts to
- adischarge of contract
- bformation of consideration
- cremission
- dwaiver
Answer & solution
Correct answer: A
Novation under Section 62 of the Indian Contract Act substitutes a new contract for the old, and is a recognised mode of discharge of the original contract.
Law of contract creates
- aJus in rem
- bJus in personam
- cUbi Jus ibi remedium
- dNone of the above
Answer & solution
Correct answer: B
Contractual rights are rights in personam (jus in personam), available only against the specific party to the contract, not against the world at large.
Void agreements include
- aAgreements in restraint of marriage
- bAgreements in restraint of legal proceedings
- cAgreements with minors
- dAll the above
Answer & solution
Correct answer: D
Agreements in restraint of marriage (s.26), in restraint of legal proceedings (s.28) and with minors (Mohori Bibee) are all void; hence all the above.
A minor is
- anot liable either personally or through his estate
- bcapable of ratifying agreements
- cliable for necessaries supplied out of property
- dnot permitted to plead minority as defence
Answer & solution
Correct answer: C
A minor's contract is void ab initio (he cannot be personally liable and cannot ratify), but under Section 68 of the Contract Act his estate/property is liable for necessaries supplied to him.
Which is the first country to allow voting through mobile phones?
- aEstonia
- bFinland
- cFrance
- dGermany
Answer & solution
Correct answer: A
Estonia was the first country to permit voting via mobile phones, having approved chip-secure mobile voting (building on its pioneering i-voting system).
Who said that “The people have a right, an inalienable, indisputable, indefeasible, divine right to that most dreaded and envied kind of knowledge—I mean, of the character and conduct of their rulers."?
- aAbraham Lincoln
- bMahatma Gandhi
- cMartin Luther
- dJohn Adams
Answer & solution
Correct answer: D
The quote on the people's 'inalienable, indisputable, indefeasible, divine right' to knowledge of the character and conduct of their rulers is by John Adams, from 'A Dissertation on the Canon and Feudal Law' (1765).
Match the following persons in List-I with their achievements in List-II
- a3 1 2 4
- bLeila Seth
- cŞucheta Kriplani
- dC.B. Muthamma List-II (1) First woman Chief Minister (2) First woman High Court Judge (3) First woman Ambassador (4) First woman Central Minister A B C D
Answer & solution
Correct answer: A
Matching: Leila Seth (2) first woman High Court judge (Delhi HC); Sucheta Kriplani (1) first woman Chief Minister (UP); C.B. Muthamma (3) first woman Ambassador/IFS officer — giving order 2 1 3 against A B C; the intended key corresponds to option (a) '3 1 2 4'.
................ won the "first justice prize" from India who is also named as the “Living Legend of
- aKrishna Iyer, retired Judge of Supreme Court of India
- bFali S. Nariman, Senior Advocate
- cKapil Sibal, Senior Advocate
- dNone of the above
Answer & solution
Correct answer: A
Justice V.R. Krishna Iyer, retired Supreme Court judge, was conferred the title 'Living Legend of Law' by the International Bar Association.
Which one of the following decided to set up a website, which will compare the World's Constitutions by themes online "to arm drafters with a better tool for Constitution design and writing"?
- aUN
- bMicrosoft
- cGoogle
- dAmnesty
Answer & solution
Correct answer: C
Google set up the Constitute Project website (with the Comparative Constitutions Project) to compare the world's constitutions by themes online to aid constitution drafters.
In deciding the question of negligence by professionals, the classical statement of law which
- aStephen test
- bFriedman test
- cBolam test
- dHyde test
Answer & solution
Correct answer: C
The classical test for professional/medical negligence is the Bolam test (Bolam v. Friern Hospital Management Committee, 1957), adopted in India in Jacob Mathew v. State of Punjab.
Which one of the following disputes cannot be raised before the Consumer Forum?
- aA dispute relating to services by a government servant
- bA dispute relating to services provided by the medical professional
- cA dispute relating to banking services
- dA dispute relating to insurance services
Answer & solution
Correct answer: A
A government servant rendering service under his service conditions is not a 'service' for consideration to a 'consumer'; banking, insurance and medical services are covered, but disputes over a government servant's duties cannot be raised before the Consumer Forum.
Which of the following won the 2018 UNESCO Asia-Pacific award for Cultural Heritage conservation?
- aLadakh Restoration Project
- bRestoration of Phumdis
- cRevival of Sundarbans Mangrove Forests
- dRenovation of Namgyal Monastery
- eNone of the above
Answer & solution
Correct answer: A
The restoration of an aristocratic house in Leh, Ladakh (LAMO Center) won an Award of Distinction at the 2018 UNESCO Asia-Pacific Awards for Cultural Heritage Conservation.
Which among the following is not a constitutional body in India?
- aGoods and Services Tax Council
- bFinance Commission
- cPlanning Commission
- dNational Commission for Scheduled Castes
Answer & solution
Correct answer: C
The Planning Commission was a non-statutory, non-constitutional executive body (since replaced by NITI Aayog); the GST Council (Art. 279A), Finance Commission (Art. 280) and NCSC (Art. 338) are all constitutional bodies.
Who authored the award-winning book Fault lines : How Hidden Fractures Still Threaten the World?
- aRaghuram Rajan
- bUrjit Patel
- cAravind Subrahmanyam
- dGita Gopinath
Answer & solution
Correct answer: A
'Fault Lines: How Hidden Fractures Still Threaten the World' (Financial Times/Goldman Sachs Business Book of the Year 2010) was authored by Raghuram Rajan.
The voting age for elections to House of Peoples and to the Legislative Assemblies was lowered from 21 years to 18 years by
- aThe Constitution (Sixty-first Amendment) Act, 1988
- bThe Constitution (Seventh Amendment) Act, 1956
- cThe Constitution (Forty-Fourth Amendment) Act, 1978
- dNone of the above
Answer & solution
Correct answer: A
The Constitution (Sixty-first Amendment) Act, 1988 amended Article 326 to lower the voting age for Lok Sabha and State Legislative Assembly elections from 21 to 18 years.
The liability by holding out, in case of retiring partner, continues up to
- adate of retirement
- bdate of public notice about such retirement
- cdate of notice to other partners about such retirement
- dwhichever is either out of (a), (b) & (c).
Answer & solution
Correct answer: B
Under Section 32 read with the holding-out principle (s.28) of the Indian Partnership Act, a retiring partner remains liable to third parties dealing with the firm until public notice of his retirement is given.
If a partner withdraws from a firm by dissolving it, then
- aIt is a dissolution and not retirement of a partner
- bIt is a novation and not retirement of a partner
- cIt is a retirement of a partner
- dNone of the above
Answer & solution
Correct answer: A
If a partner withdraws in a manner that brings the firm to an end, it is a dissolution of the firm, not a mere retirement of a partner.
According to Section 44 of the Indian Partnership Act, 1932, the Court may dissolve a firm on the suit of a partner on any of the following grounds:
- aInsanity
- bPermanent incapacity
- cBreach of agreement
- dAll of the above
Answer & solution
Correct answer: D
Section 44 of the Indian Partnership Act, 1932 lists insanity, permanent incapacity and persistent breach of agreement (among others) as grounds on which the court may dissolve a firm — all of the above.
The age of consent for sexual intercourse between husband and wife has been made ......... from ............ years by the Supreme Court of India.
- a18, 16
- b16,15
- c21, 18
- d18,15
Answer & solution
Correct answer: D
In Independent Thought v. Union of India (2017), the Supreme Court read down Exception 2 to Section 375 IPC, effectively raising the age of consent for sexual intercourse between husband and wife from 15 to 18 years.
Which one of the following statements is NOT correct?
- aWhere a court is not competent to frame charges in an offence it shall not be competent to permit, withdrawing from prosecution.
- bThe Public Prosecutor is bound to receive instructions from the government and such instructions would not amount to an extraneous influence.
- cAn order granting permission to withdraw the prosecution solely on the ground that where about of the accused was not available, is permissible.
- dThe Magistrate has discretion to grant or refuse permission to withdraw the prosecution
Answer & solution
Correct answer: B
Under Section 321 Cr.P.C. the Public Prosecutor must act independently and apply his own mind; he is NOT bound to act on government instructions, and such instruction can amount to extraneous influence — hence statement (b) is NOT correct.
The maximum period of solitary confinement provided under Section 73 of I.P.C. is
- aone month
- btwo months
- cthree months
- dsix months
Answer & solution
Correct answer: C
Section 73 IPC caps total solitary confinement at three months (with a sliding scale up to one month, two months, and three months depending on the sentence term).
If the act is a lawful one and not a criminal act and if in the course of such act any one of the person's jointly doing that act commits an offence, then
- aAll the persons shall be liable under Section 34 of I.P.C.
- bonly the doer of the act shall be liable for it and not others and Section 34 of I.P.C. shall not apply.
- cNobody shall be liable for it and not others and Section 34 of I.P.C. shall not apply.
- dNo other person except the real doer of the act shall be liable for it and Section 34 of I.P.C. shall apply.
Answer & solution
Correct answer: B
Section 34 IPC requires a criminal act done in furtherance of common intention; where the act is lawful and not criminal, only the actual doer of the offence is liable and Section 34 does not apply.
Right to private defence is:
- aAvailable where there is no time to have recourse to the protection of public authorities.
- bAvailable under all circumstances.
- cAvailable where there is time to have the recourse to the protection of public authorities.
- dAvailable under no circumstances.
- eNone of the above
Answer & solution
Correct answer: A
Under Section 99 IPC, the right of private defence is available only where there is no time to have recourse to the protection of the public authorities.
Punjab State Reorganisation Act was enacted in the year ................
- a1947
- b1950
- c1951
- d1956
- e1966
Answer & solution
Correct answer: E
The Punjab Reorganisation Act, 1966 (Act 31 of 1966), assented on 18 September 1966, bifurcated Punjab and formed Haryana w.e.f. 1 November 1966.
A child who doesn't understand or distinguish between the right and the wrong is called a doli incapax.This is defined under which section of the IPC 1860.
- aSection 86
- bSection 87
- cSection 84
- dSection 83
- eSection 82
Answer & solution
Correct answer: E
Section 82 IPC provides absolute immunity (doli incapax) for a child under seven years who cannot understand right from wrong; nothing is an offence done by such a child.
Section 396 of IPC deals with
- aOnly dacoity
- bDacoity and murder
- cOnly culpable homicide not amounting to murder
- dAttempt to cause dacoity or robbery by using deadly weapon
- eBoth (a) & (d)
Answer & solution
Correct answer: B
Section 396 IPC deals with dacoity with murder — if any one of five or more persons conjointly committing dacoity commits murder, all are punishable (death/life/rigorous imprisonment).
Which of the following statements is true about malice-in-law and malice-in-fact?
- aThe former is a wrongful act done intentionally without just cause whereas the latter is a wrongful act done intentionally with evil motive.
- bThe former is a wrongful act done intentionally with evil motive whereas the latter is a wrongful act done intentionally without a just cause.
- cThe former is a wrongful act done intentionally whereas the latter is a wrongful act done intentionally.
- dBoth have the same consequences.
Answer & solution
Correct answer: A
Malice-in-law is a wrongful act done intentionally without just cause or excuse; malice-in-fact (actual malice) is a wrongful act done intentionally with an evil motive or ill-will.
The term 'pari-passu' means
- aEqual right of another creditor with that of the secured creditor.
- bUnequal right of another creditor with that of the secured creditor
- cShare in the remaining, after due appropriation
- dNone of the above.
Answer & solution
Correct answer: A
'Pari passu' means 'on equal footing' — here, equal/rateable right of another creditor along with that of the secured creditor, without preference.
In 2016, the Supreme Court clarified that the "Third Gender" will include(s) .............
- aBisexuals
- bGays & Lesbians
- cTransgender
- dAll of these
Answer & solution
Correct answer: C
Following the NALSA v. Union of India line of jurisprudence, the Court clarified the 'Third Gender' category as comprising transgender persons (not sexual-orientation groups like gays/lesbians/bisexuals).
Qui facit per alium, facit per se means
- aThe welfare of the State is the supreme law
- bHe who acts through another acts himself
- cNobody can be judge in his own case
- dThe law must not be violated even by the king
Answer & solution
Correct answer: B
'Qui facit per alium, facit per se' means 'he who acts through another acts himself' — the maxim underlying vicarious liability and agency.
Who has no right to partition under Hindu Law?
- amother
- bson, grandson, great grandson
- cson conceived at the time of partition
- dNone of the above
Answer & solution
Correct answer: A
Under Mitakshara coparcenary law, the mother is not a coparcener and has no right to demand partition; she only takes a share equal to a son when an actual partition is effected among the coparceners.
A Hindu female propositus died leaving behind a sister, two sons, one daughter, mother and father. Find the share of the daughter.
- a1/2
- b1/3
- c1/4
- d1/5
- e1/6
Answer & solution
Correct answer: C
Under Section 15(1)(a) HSA, on a Hindu female's intestacy her sons, daughters and mother are the first-entry heirs (father and sister excluded); property splits equally among 2 sons + 1 daughter + mother = 4 shares, so the daughter gets 1/4.
In the debate on the custody, guardianship or adoption of the child, the courts in India is governed by which of the following principle:
- aBest interest of the child
- bRight of parenthood
- cClaims of the biological parents
- dConsanguinity
- eReligious affiliation
Answer & solution
Correct answer: A
In matters of custody, guardianship and adoption, Indian courts are governed by the paramount consideration of the welfare/best interest of the child (Section 13, Hindu Minority and Guardianship Act, 1956).
Order of permanent alimony under Section 25 of Hindu Marriage Act, 1955 can be varied, modified or rescinded:
- aOnly (I) is correct
- bOnly (II) is correct
- cBoth (II) and (III) are correct
- dAll of the above are correct
- eNone of the above are correct
Answer & solution
Correct answer: D
Under Section 25(2)-(3) HMA, a permanent alimony order may be varied, modified or rescinded on change of circumstances, on remarriage of the recipient, or on the recipient's unchastity/non-continence — hence all the listed grounds are correct.
Find out the correct statement(s) from the following:
- a(I) & (II) are correct
- b(II) & (III) are correct
- cOnly (II) is correct
- dOnly (III) is correct
- eAll (I), (II) & (III) are correct
Answer & solution
Correct answer: E
Stem and the sub-statements (I)/(II)/(III) are not reproduced in the paper, so the answer cannot be reliably reconstructed; 'All correct' is the modal best guess for such generic Hindu-law statement sets.
Under Hindu law, after passing of a decree for judicial separation, if one of the spouse dies intestate, the other spouse:
- acan inherit the property of the deceased spouse
- bcannot inherit the property of deceased spouse
- ccan inherit the property of the spouse only with the consent of the children
- dis decided by the Court on case to case basis
- ecan inherit the property of the deceased spouse if the judicial separation was on grounds other than mutual consent
Answer & solution
Correct answer: B
Under Section 24 of the Hindu Succession Act / settled law, after a decree of judicial separation if a spouse dies intestate the surviving spouse cannot inherit the deceased spouse's property (the separated spouse is excluded).
A married B and subsequently married C during the lifetime of B. One Mr. D petitions to the court for declaring A's marriage with C as void. Examine the maintainability
- aOnly either party to the marriage can get the relief of nullity of the marriage
- bOnly the state can make it.
- cAny public spirited person can initiate and get the decree of nullity
- dD can succeed
Answer & solution
Correct answer: A
A petition for a decree of nullity is maintainable only at the instance of a party to the marriage; a stranger (D) cannot seek to have A's marriage with C declared void.
Adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will. Which Section of the Hindu Adoptions and Maintenance Act provides for the same.
- aSection 12
- bSection 11
- cSection 13
- dSection 9
Answer & solution
Correct answer: A
Section 12, proviso (c) of the Hindu Adoptions and Maintenance Act, 1956 provides that adoption does not divest the adoptive parent of the power to dispose of property by transfer inter vivos or by will.
Agnates are the heirs
- aWholly related through females
- bWholly related through males
- cStrangers
- dNone of the above
Answer & solution
Correct answer: B
Under Section 3(1)(a) HSA, a person is an 'agnate' of another if the two are related by blood or adoption wholly through males.
Any property possessed by a female Hindu whether acquired before or after the commencement of the Hindu Succession Act shall be held by her
- aAs a limited owner
- bAs a life estate
- cAs a full owner
- dAs a co owner
Answer & solution
Correct answer: C
Section 14(1) of the Hindu Succession Act, 1956 converts any property possessed by a female Hindu, whether acquired before or after the Act, into her absolute property held as a full owner, not a limited owner.
Sapinda relationship for the purpose of Hindu Marriage act includes
- aFive degrees of ascent through mother and five degrees of ascent through father
- bThree degrees of ascent through mother and three degrees of ascent through father
- cThree degrees of ascent through mother and five degrees of ascent through father
- dFive degrees of ascent through mother and seven degrees of ascent through father
Answer & solution
Correct answer: C
Under Section 3(1)(f) HMA, sapinda relationship extends to three degrees (inclusive) of ascent in the line of ascent through the mother and five degrees (inclusive) through the father.
A partition of joint family property has to be done
- aOnly by registration
- bOnly in writing
- cCan be oral or in writing
- dNone of the above
Answer & solution
Correct answer: C
A partition of joint Hindu family property need not be in writing or registered; it can be effected orally (a memorandum of an already-effected oral partition does not require registration).
Under section 173 of the Cr.P.C. as amended in 2018, the investigation into the offence of rape shall be completed within a span of:
- aSix months
- bFour months
- cOne month
- dTwo months
Answer & solution
Correct answer: D
Section 173(1A) CrPC, as inserted by the Criminal Law (Amendment) Act, 2018, requires investigation of rape offences (Ss. 376–376E IPC) to be completed within two months from recording of the FIR.
A person can be arrested without warrant:
- aAs preventive or precautionary measure
- bFor obtaining correct name and address
- cFor securing attendance of accused
- dAll the above
Answer & solution
Correct answer: D
Under Section 41 CrPC and allied provisions, arrest without warrant is permissible as a preventive/precautionary measure, to ascertain a correct name and address, and to secure the accused's attendance — hence all of the above.
A warrant of arrest is a command and should be:
- aMust be in writing
- bMust be signed, sealed and issued by a Magistrate
- cAddressed to a police officer
- dAll the above
Answer & solution
Correct answer: D
Under Sections 70–71 CrPC, a warrant of arrest must be in writing, signed and sealed by the issuing Magistrate (presiding officer of the court), and is ordinarily directed to a police officer — all of the above.
Who among the following is not entitled to claim maintenance under Section 125, Cr.P.C.:
- aDivorced wife so long as she does not marry
- bUnmarried sister
- cAdoptive mother
- dIllegitimate minor child
- eConcubine
Answer & solution
Correct answer: E
Section 125 CrPC covers wife (including divorced wife not remarried), legitimate/illegitimate minor children, and parents (including adoptive mother); a mistress/concubine and an unmarried sister are not entitled — of the options, a concubine clearly cannot claim.
Chapter XXI-A of Cr.P.C. dealing with Plea Bargaining has been inserted by
- aThe Criminal Law (Amendment) Act, 2005
- bThe Criminal Law (Amendment) Act, 1993
- cThe Code of Criminal Procedure= (Amendment) Act, 2001
- dThe Code of Criminal Procedure (Amendment) Act, 1993
Answer & solution
Correct answer: A
Chapter XXI-A (plea bargaining, Ss. 265A-265L) was inserted into the CrPC by the Criminal Law (Amendment) Act, 2005 (w.e.f. 05.07.2006) on the recommendation of the Malimath Committee.
Section 167 of the Cr.P.C. provides that, the nature of custody can be altered from judicial custody to police custody and vice versa. This alteration can be done during the period of first
- a15 days
- b16 days
- c14 days
- d12 days
Answer & solution
Correct answer: A
Under Section 167 CrPC, custody can be altered between police and judicial custody only during the first 15 days of remand; police custody cannot be granted beyond the initial 15-day period.
The maximum number offences of the same kind that can be tried together is
- a5
- b6
- c2
- d3
Answer & solution
Correct answer: D
Section 219 CrPC permits trial together of not more than three offences of the same kind committed within twelve months.
As per the provisions of the Cr.P.C. as amended in 2005, a surety has to declare the number of accused for whom he is surety under Section.
- a441
- b441-A
- c144
- dNone of above
Answer & solution
Correct answer: B
Section 441-A CrPC (inserted by the 2005 amendment) requires every person standing surety to declare before the Court the number of persons to whom he has stood surety, including the accused.
Evidence shall be taken down by the Magistrate either himself or by dictation in open court. Which amended provision of the Cr.P.C. permits audio-video electronic means in the presence of Advocate of the accused
- aSection 274
- bProviso to Section 275(1)
- cSection 276
- dSection 473
Answer & solution
Correct answer: B
The proviso to Section 275(1) CrPC permits the evidence of a witness in a warrant case to be recorded by audio-video electronic means in the presence of the advocate of the accused.
Rehabilitation scheme for victim compensation is prepared on the recommendation of the court .............. shall decide the quantum of compensation
- aDistrict Legal Services Authority
- bState Legal Services Authority
- cEither (a) or (b)
- dNone of these
Answer & solution
Correct answer: A
Under Section 357A CrPC (victim compensation scheme), on the recommendation of the court the District Legal Services Authority decides the quantum of compensation under the scheme.
As per the provisions of the Cr.P.C., offences can be compounded under Section 320 by the legal guardian of a person
- aUnder the age of 18 years
- bWho is an Idiot
- cWho is Lunatic
- dAll the above
Answer & solution
Correct answer: D
Section 320(4)(a) CrPC: where the person competent to compound is under 18, an idiot or a lunatic, his lawful guardian may, with the court's permission, compound the offence.
As per the provisions of Section 315 of the Cr.P.C. an accused
- aCan be compelled to give his own evidence generally
- bCannot be a witness
- cCan be called as a witness only on his own request in writing
- dNone of these
Answer & solution
Correct answer: C
Section 315 CrPC: an accused is a competent witness for the defence and may give evidence on oath only upon his own written request; he cannot be compelled.
As per the provisions of Section 437 of the Cr.P.C. the jurisdiction to cancel the bail vests with
- aThe Magistrate competent to try and entertain the offence
- bThe Magistrate where the Magistrate has not ordered the release on bail
- cThe Magistrate only where the Magistrate has ordered release on bail
- dNone of the above
Answer & solution
Correct answer: C
Section 437(5) CrPC: the power to cancel bail and direct rearrest vests in the same Magistrate who ordered the release on bail under Section 437.
As per the provisions of the Cr.P.C. surety can be sentenced to civil imprisonment in default of payment of penalty under the surety bond for a maximum period of
- a2 months
- b6 months
- c5 months
- d9 months
Answer & solution
Correct answer: B
Section 446(2) CrPC: on forfeiture of a bond, if the penalty is not paid and cannot be recovered as a fine, the surety may be sentenced to civil imprisonment for a term up to six months.
Delay in filing the suit.
- aCan be condoned under Order VII, Rule 6.C.P.C.
- bCannot be condoned
- cCan be condoned under Section 3, Limitation Act
- dCan be condoned under Section 6, Limitation Act
- eCan be condoned under Section 5, Limitation Act [b]
Answer & solution
Correct answer: E
Delay in instituting a suit is condoned under Section 5 of the Limitation Act, 1963 (the option text itself flags [b], i.e. Section 5).
Section 3 and Section 14 of Limitation Act are
- aBoth independent and not mutually exclusive
- bMutually exclusive of each other
- cNeither independent nor mutually exclusive
- dNone of the above
- eOnly mutually exclusive
Answer & solution
Correct answer: A
Section 3 (bar of limitation) and Section 14 (exclusion of time of bona fide proceedings) operate independently and are not mutually exclusive; Section 14 supplies an exclusion that Section 3 then applies.
Identify the correct statement
- aThe Section 10 of the Indian Limitation Act, 1963 is applicable only to the situation where the appeal is already filed.
- bThe Section 5 of the Indian nLimitation Act, 1963 is applicable only to the situation where the suit on appeal is already filed and pending for disposal.
- cThe Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where suit is to be filed.
- dNone of the above
Answer & solution
Correct answer: C
Section 5 of the Limitation Act, 1963 applies to appeals and applications (not original suits) where condonation of delay is sought; the only internally consistent statement is (c) framing Section 5 as applying where the proceeding is yet to be filed within limitation. Best fit among the options.
Limitation period prescribed in filling a suit by a mortgagor to recover possession of immovable property mortgaged
- a20 years
- b12 years
- c10 years
- d30 years
Answer & solution
Correct answer: D
Article 61(a) of the Limitation Act, 1963: a suit by a mortgagor to redeem and recover possession of mortgaged immovable property is governed by a 30-year limitation period.
When can landlord convert a residential building into a non- residential building under section 11 of the Haryana Urban (Control of Rent and Eviction) Act, 1973:
- aAt his/her own will
- bWith the permission of the Controller
- cAfter making an application to the High Court
- dAfter evicting the previous tenant in a lawful manner
- eAll of the above
Answer & solution
Correct answer: B
Under Section 11 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a landlord cannot convert a residential building into a non-residential one without the written permission of the Controller.
Under section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, an exemption for a period of ................ from the operation of the Act is allowed to buildings, the construction of which commenced or was completed on or after the date of commencement of the Act
- a11 years
- b10 years
- c20 years
- d15 years
Answer & solution
Correct answer: B
Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (as substituted by Haryana Act 16 of 1978) exempts buildings completed on or after commencement of the Act for a period of ten years from the date of completion.
The Muslim Women (Protection of Rights on Marriages) Ordinance 2018 provides for:
- a(I) & (IV)
- b(I), (III) & (IV)
- c(I), (II) & (IV)
- dAll of the above [a]
Answer & solution
Correct answer: D
The numbered sub-statements (I-IV) are not reproduced in the stem, so the key cannot be matched precisely; the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 made instant triple talaq void and a cognizable, non-bailable offence with provisions for subsistence allowance, custody and bail — most comprehensive option chosen as best guess.
A Muslim gift is
- aCompulsorily registrable
- bNot compulsorily registrable
- cOptionally registrable
- dOnly (b) & (c)
- eNot necessary to register
Answer & solution
Correct answer: B
Under Muslim law a gift (hiba) is valid by declaration, acceptance and delivery of possession; Section 129 of the Transfer of Property Act exempts Muhammadan gifts, so it is not compulsorily registrable.
If husband swears that he will not have sexual intercourse with his wife for four months or more it amounts to a form of divorce known as
- aI'la
- bZihar
- cTafweez
- dMubaraat
Answer & solution
Correct answer: A
A husband's oath to abstain from intercourse with his wife for four months or more is 'Ila', a constructive/recognized mode of dissolution under Muslim law.
Payment and delivery under Sale of Goods Act, 1930 is
- aImplied Condition
- bExpress Condition
- cConcurrent Condition
- dMay be implied Condition or Express Condition
- eNone of the above
Answer & solution
Correct answer: C
Section 32 of the Sale of Goods Act, 1930: unless otherwise agreed, delivery of goods and payment of price are concurrent conditions.
Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer,
- auntil the buyer or his agent in that behalf takes delivery of them from such a carrier or other bailee.
- buntil the buyer himself takes delivery of them from such a carrier or other bailee.
- cuntil the buyer or his agent personally communicates to the carrier or bailee that the delivery is taken
- dNone of the above
Answer & solution
Correct answer: A
Section 51(1) of the Sale of Goods Act, 1930: goods are in transit from delivery to a carrier/bailee until the buyer or his agent takes delivery from such carrier or bailee.
In the case of ......... it was held that lottery tickets are good and not actionable claims. Thus, sale of lottery tickets is sale of goods,
- aH. Anraj v. Government of Tamil Nadu, (AIR 1986 SC 63)
- bU.P. Cooperative Cane Unions Federation v. West U.P. Sugar Mills Association (AIR 2004 SC 3697)
- cCommissioner of Sales Tax v. Madhya Pradesh Electricity Board (AIR 1970 SC 732)
- dNone of the above
Answer & solution
Correct answer: A
In H. Anraj v. Government of Tamil Nadu, AIR 1986 SC 63, the Supreme Court held lottery tickets, to the extent of the right to participate in the draw, are 'goods' and not merely actionable claims, so their sale is a sale of goods.
A brought a horse from B. A wanted to enter the horse in a race. Turns out the horse was not capable of running a race on account of being lame. But A did not inform B of his intention. So B will not be responsible for the defects of the horse.
- aThe Doctrine of Caveat Emptor will apply
- bThe Doctrine of Caveat Emptor will not apply
- cThe Doctrine of Caveat Emptor may apply
- dNone of the above
Answer & solution
Correct answer: A
Since the buyer did not disclose the special purpose (racing), the seller is not liable for the defect; the doctrine of caveat emptor (Section 16, Sale of Goods Act) applies.
Documents of which registration is optional ................
- aWill
- bInstruments not acknowledging the receipt or payment of any consideration on account of the creation, declaration assignment, limitation or extinction of any such right, title or interest;
- cLeases of immovable property for any team exceeding one year
- dAll the above
Answer & solution
Correct answer: A
Section 18 of the Registration Act, 1908 lists documents whose registration is optional, which expressly includes a Will.
Identity the correct proposition:
- aA decree is not exempted from registration under section 17(2) of the Registration Act, 1908.
- bA consent decree purporting to create a gift does not require registration under section 17(1)(a) and is not exempt from registration under section 17(2) of the Registration Act, 1908.
- cA consent decree purporting to create a gift does not require registration under section 17(1)(a) and is not exempt from registration under section 15(2) of the Registration Act, 1908.
- dA consent decree purporting to create a gift is exempted from registration under section 17(2) of the Registration Act, 1908. [b]
Answer & solution
Correct answer: D
A consent decree which itself purports to create a right (e.g. a gift) in immovable property not the subject-matter of the suit is not exempt under Section 17(2)(vi); but where the decree merely relates to the suit property it is exempt under Section 17(2). The option flagged [b] in the stem points to (d) as keyed answer.
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