Himachal Pradesh Judiciary Mock Test 2 — Questions & Solutions
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Under Section 96 of the Code of Civil Procedure, 1908, no appeal shall lie from a decree passed by the Court with the consent of parties. Further, no appeal shall lie, except on a question of law, from a decree in any suit cognizable by Courts of Small Causes when the amount or value of the subject matter does not exceed:
aTwenty thousand rupees
bTen thousand rupees
cThree thousand rupees
dFive thousand rupees
Answer: B
Section 96(4), inserted by the 1976 Amendment, bars appeals (except on a question of law) from Small Cause decrees where the value does not exceed ten thousand rupees.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, as amended, shall lie to the High Court only:
aOnly where the value of the suit exceeds one lakh rupees
bIf the High Court is satisfied that the case involves a substantial question of law
cOn any question of fact or law arising from the first appellate decree
dWhere the first appellate court has reversed the decree of the trial court
Answer: B
After the 1976 Amendment, a second appeal under Section 100 lies only on a substantial question of law, which must be formulated by the High Court; a pure question of fact is not a ground.
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Code, the Court may, in its discretion, enlarge such period under Section 148. After the Amendment Act, 1999, the total enlargement so granted shall not exceed:
aSixty days in total
bFifteen days in total
cNinety days in total
dThirty days in total
Answer: D
Section 148, as amended by the CPC (Amendment) Act, 1999, caps the enlargement of time at thirty days in total, even where the originally fixed period has expired.
Settlement of disputes outside the Court, empowering the Court to formulate the terms of a possible settlement and refer the matter to arbitration, conciliation, judicial settlement (including through Lok Adalat) or mediation, is provided in:
aSection 89 of the Code of Civil Procedure, 1908
bSection 94 of the Code of Civil Procedure, 1908
cSection 75 of the Code of Civil Procedure, 1908
dSection 80 of the Code of Civil Procedure, 1908
Answer: A
Section 89, inserted by the 1999 Amendment (effective 2002), enables the Court to refer disputes to ADR mechanisms — arbitration, conciliation, judicial settlement/Lok Adalat or mediation.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration of, after notice in writing has been delivered:
aThree months
bOne month
cTwo months
dSix months
Answer: C
Section 80(1) requires two months' prior written notice before a suit against the Government or a public officer in respect of official acts; sub-section (2) permits urgent suits with leave of the Court, dispensing with the waiting period.
Which one of the following statements regarding the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908 is NOT correct?
aThe High Court may, in revision, vary or reverse any order which would also be appealable to it
bRevision lies where the subordinate court has exercised a jurisdiction not vested in it by law
cRevision lies where the subordinate court has failed to exercise a jurisdiction so vested
dRevision lies where the subordinate court has acted in the exercise of its jurisdiction illegally or with material irregularity
Answer: A
Section 115 applies only where no appeal lies; the High Court cannot revise a case in which an appeal lies to it. Clauses (b), (c) and (d) correctly state the three recognised jurisdictional grounds for revision.
Assertion (A): The inherent powers of the Civil Court saved by Section 151 of the Code of Civil Procedure, 1908 can be invoked to grant a relief expressly prohibited by the Code.
Reason (R): Inherent powers exist to secure the ends of justice and to prevent abuse of the process of the Court.
Choose the correct alternative:
aBoth A and R are true, and R is the correct explanation of A
bA is false, but R is true
cBoth A and R are false
dA is true, but R is false
Answer: B
Inherent powers under Section 151 cannot be exercised in conflict with express provisions of the Code, so A is false; but R correctly states that they exist to meet the ends of justice and prevent abuse of process.
The procedure relating to interpleader suits, where two or more persons claim adversely to one another the same debt, sum of money or property from a person who claims no interest therein, is governed by:
aOrder XXXIV of the Code of Civil Procedure, 1908
bOrder XXXII of the Code of Civil Procedure, 1908
cOrder XXXV of the Code of Civil Procedure, 1908
dOrder XXXIII of the Code of Civil Procedure, 1908
Answer: C
Order XXXV deals with interpleader suits. Order XXXIII governs suits by indigent persons, Order XXXII suits by or against minors, and Order XXXIV suits relating to mortgages of immovable property.
Under Order VII, Rule 11 of the Code of Civil Procedure, 1908, the plaint shall be rejected in which one of the following cases?
aWhere the suit appears from the statement in the plaint to be barred by any law
bWhere the defendant raises a plausible defence in the written statement
cWhere the plaintiff fails to appear on the date of the first hearing
dWhere there is a misjoinder of parties to the suit
Answer: A
Order VII Rule 11(d) mandates rejection of a plaint that appears from its own averments to be barred by law. Non-appearance is dealt with under Order IX and misjoinder under Order I, neither of which entails rejection of the plaint.
A temporary injunction restraining the defendant from disposing of the property in dispute or causing injury to the plaintiff in relation to such property may be granted by the Court under:
aOrder XXXVII, Rule 2 of the Code of Civil Procedure, 1908
bOrder XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908
cOrder XL, Rule 1 of the Code of Civil Procedure, 1908
dOrder XXXVIII, Rule 5 of the Code of Civil Procedure, 1908
Answer: B
Order XXXIX Rules 1 and 2 empower the Court to grant a temporary injunction. Order XL deals with appointment of a receiver, Order XXXVIII Rule 5 with attachment before judgment, and Order XXXVII with summary suits.
Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff alone, and no application for substitution of the legal representative of the deceased plaintiff is made within the prescribed time, the consequence under Order XXII of the Code of Civil Procedure, 1908 is that:
aThe entire suit stands automatically dismissed for default
bThe suit abates so far as the deceased plaintiff is concerned
cThe Court must appoint a receiver to continue the suit
dThe suit is stayed until a fresh plaintiff is impleaded
Answer: B
Under Order XXII Rule 3, failure to bring the legal representative on record within the limitation period causes the suit to abate as regards the deceased plaintiff; it does not result in dismissal for default of the whole suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either:
aBarred by an order of the State Government
bExpressly or impliedly barred
cOnly expressly barred by any law for the time being in force
dOnly impliedly barred by usage or custom
Answer: B
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The Explanations clarify that suits relating to rights to property or to an office are of a civil nature.
The expression 'foreign judgment' under the Code of Civil Procedure, 1908 means the judgment of a foreign Court. The term 'foreign Court' is defined in:
aSection 2(7)
bSection 2(9)
cSection 2(5)
dSection 2(6)
Answer: C
Section 2(5) defines 'foreign Court' as a Court situate outside India and not established or continued by the authority of the Central Government; Section 2(6) defines 'foreign judgment'.
Under Section 10 of the Code of Civil Procedure, 1908 (stay of suit), the bar on trial of a subsequently instituted suit applies where the matter in issue is also directly and substantially in issue in a previously instituted suit. The pendency of a suit in a foreign Court:
aBars the Indian suit only if the foreign Court is a Court of competent jurisdiction
bOperates as an absolute bar to a suit in India on the same cause of action
cDoes not preclude the Courts in India from trying a suit founded on the same cause of action
dStays the Indian suit until the foreign Court decides the matter
Answer: C
The Explanation to Section 10 expressly provides that the pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
Where two or more Courts have jurisdiction to try a suit and the parties to the contract agree to submit to the jurisdiction of one of them to the exclusion of the others, such an agreement is:
aVoid as being in absolute restraint of legal proceedings
bVoid as ousting the jurisdiction of all courts
cValid only if reduced to writing and registered
dValid and not hit by Section 28 of the Indian Contract Act
Answer: D
It is settled (Hakam Singh v. Gammon (India) Ltd., AIR 1971 SC 740) that where more than one court has jurisdiction, an agreement confining it to one of them is valid and not opposed to public policy.
The rule of constructive res judicata, which treats a matter that might and ought to have been made a ground of attack or defence in the former suit as having been directly and substantially in issue, is contained in:
aExplanation VIII to Section 11
bExplanation VI to Section 11
cExplanation IV to Section 11
dExplanation II to Section 11
Answer: C
Explanation IV to Section 11 embodies the doctrine of constructive res judicata. Explanation VI deals with representative suits and Explanation VIII (added by the 1976 Amendment) with courts of limited jurisdiction.
Under Section 16 of the Code of Civil Procedure, 1908, a suit for the recovery of immovable property with or without rent or profits shall ordinarily be instituted:
aIn any Court chosen by the plaintiff
bIn the Court within the local limits of whose jurisdiction the property is situate
cIn the Court within whose local limits the cause of action wholly arose
dIn the Court within whose local limits the defendant resides
Answer: B
Section 16 requires suits in respect of immovable property (recovery, partition, foreclosure, etc.) to be instituted where the property is situate, the proviso permitting a personal-obedience exception where relief can be obtained through the defendant's personal obedience.
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within whose local limits any portion of the property is situate, under:
aSection 17
bSection 20
cSection 18
dSection 19
Answer: A
Section 17 deals with suits for immovable property situate within the jurisdiction of different Courts. Section 18 addresses uncertainty as to local limits of jurisdiction.
An order of a Court refusing to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908 is:
aAppealable under Order XLIII Rule 1
bFinal and neither appealable nor revisable
cAppealable only with the leave of the High Court
dNot appealable but revisable under Section 115 only
Answer: A
Order XLIII Rule 1(d) provides an appeal against an order rejecting an application (in a case open to appeal) to set aside a decree passed ex parte under Order IX Rule 13.
Where five or more persons acting in concert commit murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group is, under Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, punishable with:
aImprisonment which may extend to ten years and fine
bDeath only
cImprisonment for life only
dDeath, or imprisonment for life, or imprisonment for a term not less than seven years, and fine
Answer: D
Section 103(2) of the BNS specifically penalises mob/group lynching on the enumerated grounds with death, or imprisonment for life, or imprisonment for a term which shall not be less than seven years, and fine.
The Bharatiya Nyaya Sanhita, 2023 introduced a distinct offence of 'snatching'. The provision dealing with snatching and the maximum term of imprisonment prescribed for it are:
aSection 310, imprisonment for life
bSection 304, imprisonment up to three years
cSection 303, imprisonment up to two years
dSection 309, imprisonment up to five years
Answer: B
Section 304 of the BNS treats sudden, quick or forcible seizing of movable property as 'snatching', a new offence punishable with imprisonment up to three years and fine. Theft is in Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, when does robbery amount to dacoity?
aWhen the value of the property exceeds one lakh rupees
bWhen five or more persons conjointly commit or attempt to commit robbery
cWhen committed with a deadly weapon
dWhen committed on a public road after sunset
Answer: B
Under Section 310 of the BNS, when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity, punishable with imprisonment for life or rigorous imprisonment up to ten years and fine.
Which of the following is NOT enumerated as a kind of 'grievous hurt' under Section 116 of the Bharatiya Nyaya Sanhita, 2023?
aPermanent privation of the sight of either eye
bA simple bruise healing within seven days
cEmasculation
dFracture or dislocation of a bone or tooth
Answer: B
Section 116 of the BNS lists grievous hurt such as emasculation, loss of sight or hearing, fracture or dislocation of a bone or tooth, etc. A simple bruise healing within seven days is only 'hurt', not grievous hurt.
Under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (attempt to murder), where the act done causes hurt to any person, the offender is liable to:
aImprisonment for life, or to imprisonment of either description for a term which may extend to ten years and fine
bDeath in every case
cImprisonment up to three years only
dImprisonment up to seven years without fine
Answer: A
Section 109(1) of the BNS prescribes imprisonment up to ten years and fine for attempt to murder; where hurt is caused, the offender may be punished with imprisonment for life or with the said punishment.
Under Section 80 of the Bharatiya Nyaya Sanhita, 2023, for a death of a woman to be a 'dowry death', it must occur within how many years of her marriage, otherwise than under normal circumstances?
aThree years
bTen years
cSeven years
dFive years
Answer: C
Section 80 of the BNS defines dowry death as the death of a woman by burns, bodily injury or otherwise than under normal circumstances within seven years of marriage, preceded by cruelty/harassment for dowry. The minimum punishment is seven years' imprisonment.
The punishment for a husband or a relative of the husband of a woman who subjects her to cruelty is provided under the Bharatiya Nyaya Sanhita, 2023 in:
aSection 80, imprisonment for life
bSection 86, imprisonment up to five years
cSection 84, imprisonment up to two years
dSection 85, imprisonment up to three years and fine
Answer: D
Section 85 of the BNS punishes cruelty to a woman by her husband or his relative with imprisonment up to three years and fine; Section 86 merely defines 'cruelty' for this purpose.
Under the general exceptions of the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child below a certain age (absolute immunity). That age, and the corresponding section, are:
aUnder twelve years; Section 21
bUnder nine years; Section 20
cUnder seven years; Section 20
dUnder eighteen years; Section 22
Answer: C
Section 20 of the BNS grants absolute immunity (doli incapax) to a child under seven years of age. Section 21 grants conditional immunity to a child above seven and under twelve who lacks sufficient maturity of understanding.
Under Section 61 of the Bharatiya Nyaya Sanhita, 2023, for an agreement to amount to a criminal conspiracy where the object agreed upon is not itself an offence but is to be achieved by illegal means:
aThe agreement must be reduced to writing
bThe bare agreement is sufficient, no overt act being required
cAt least three persons must be parties to the agreement
dSome act besides the agreement must be done by one or more parties in pursuance thereof
Answer: D
The proviso to Section 61(1) of the BNS requires that, except where the agreement is to commit an offence, some overt act besides the agreement must be done by a party in pursuance of the conspiracy.
Under the Bharatiya Nyaya Sanhita, 2023, the general punishment for criminal breach of trust (Section 316), in the absence of any aggravating capacity such as that of a public servant or banker, may extend to:
aImprisonment for life
bThree years, or fine, or both
cSeven years and fine
dFive years, or fine, or both
Answer: D
Section 316(2) of the BNS provides that simple criminal breach of trust is punishable with imprisonment up to five years, or fine, or both. Enhanced terms apply to carriers, clerks, servants, public servants, bankers, etc.
Under the Bharatiya Nyaya Sanhita, 2023, where a person cheats and thereby dishonestly induces the person deceived to deliver any property, the punishment under Section 318(4) may extend to:
aThree years, or fine, or both
bFive years, or fine, or both
cSeven years and fine
dTwo years and fine
Answer: C
Section 318(4) of the BNS punishes cheating and dishonestly inducing delivery of property (or alteration/destruction of a valuable security) with imprisonment up to seven years and fine; simple cheating under 318(2) is up to three years.
The colonial offence of sedition under Section 124A of the Indian Penal Code has been replaced under the Bharatiya Nyaya Sanhita, 2023 by a provision penalising acts endangering the sovereignty, unity and integrity of India. That provision is:
aSection 113
bSection 152
cSection 197
dSection 147
Answer: B
Section 152 of the BNS replaces the offence of sedition and penalises acts endangering the sovereignty, unity and integrity of India, with a minimum sentence enhanced to seven years.
The offences of 'organised crime' and 'terrorist act' — entirely new to the general penal code — are introduced in the Bharatiya Nyaya Sanhita, 2023 respectively in:
aSection 110 and Section 112
bSection 111 and Section 113
cSection 109 and Section 111
dSection 113 and Section 152
Answer: B
Section 111 of the BNS introduces 'organised crime' and Section 113 introduces 'terrorist act' (drawn from the UAPA framework), both new to the general penal code.
Under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, the minimum term of rigorous imprisonment prescribed for the offence of rape (in cases other than those falling under sub-section (2)) is:
aSeven years
bFourteen years
cTen years
dFive years
Answer: C
Section 64(1) of the BNS prescribes rigorous imprisonment of not less than ten years, extendable to imprisonment for life, and fine, for the offence of rape.
Under the Bharatiya Nyaya Sanhita, 2023, which of the following is the newly added sixth kind of punishment that did not exist as a substantive punishment under the Indian Penal Code, 1860?
aRigorous imprisonment
bForfeiture of property
cSolitary confinement
dCommunity service
Answer: D
Section 4 of the BNS, 2023 lists six punishments — death, imprisonment for life, imprisonment, forfeiture of property, fine and community service. Community service is the new addition absent from Section 53 IPC.
‘A’, a child aged six years, picks up a valuable ring lying in a shop and runs away with it. Under the Bharatiya Nyaya Sanhita, 2023, the act of ‘A’ is:
aAn offence punishable with community service
bAn offence, since dishonest taking is theft irrespective of age
cNot an offence only if it is proved that ‘A’ lacked maturity of understanding
dNot an offence, as nothing done by a child under seven years of age is an offence
Answer: D
Section 20 of the BNS, 2023 grants absolute immunity (conclusive doli incapax) to a child under seven years; no proof of immature understanding is required, unlike Section 21 for a child above seven and under twelve.
Under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 may a private person arrest, or cause to be arrested, any person who in his presence commits a non-bailable and cognizable offence?
aSection 40
bSection 43
cSection 35
dSection 38
Answer: A
Section 40 BNSS empowers any private person to arrest, or cause to be arrested, a person who in his presence commits a non-bailable and cognizable offence, and to hand him over without unnecessary delay to a police officer.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession or statement made in the course of an investigation may be recorded by:
aThe Public Prosecutor in charge of the case
bThe officer in charge of the police station with judicial powers
cThe Superintendent of Police
dAny Metropolitan Magistrate or Judicial Magistrate, whether or not he has jurisdiction in the case
Answer: D
Section 183 BNSS provides that any Magistrate of the district where the offence is registered may record a confession or statement irrespective of jurisdiction; a police officer on whom such powers are conferred is expressly barred from recording confessions.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an investigation cannot be completed within 24 hours, the maximum total period of detention a Magistrate may authorise (otherwise than in police custody) for an offence punishable with death, imprisonment for life or imprisonment for not less than ten years is:
aNinety days
bOne hundred and eighty days
cSeventy-five days
dSixty days
Answer: A
Under Section 187 BNSS the outer limit of detention pending investigation is ninety days for offences punishable with death, imprisonment for life or imprisonment of not less than ten years, and sixty days for other offences.
A new feature introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 is that forensic investigation by a forensic expert at the crime scene has been made mandatory for offences punishable with imprisonment for a term of:
aTen years or more
bSeven years or more
cThree years or more
dFive years or more
Answer: B
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene and collect forensic evidence (with videography of the process) for offences punishable with imprisonment of seven years or more.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the entire process of conducting a search and preparing the list of things seized, including the signing of the list by witnesses, shall be recorded through audio-video electronic means, preferably a mobile phone. This is provided under:
aSection 100
bSection 109
cSection 105
dSection 103
Answer: C
Section 105 BNSS mandates audio-video recording (preferably by mobile phone) of the search and seizure process, and the recording must be forwarded without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of fine not exceeding:
aTen thousand rupees
bOne lakh rupees
cFifty thousand rupees
dTwenty-five thousand rupees
Answer: C
Under Section 23(2) BNSS a Magistrate of the first class may pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service; a second-class Magistrate's fine limit is ten thousand rupees.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case instituted on a police report, the Magistrate must supply to the accused, free of cost, a copy of the police report and other documents within a period which shall in no case exceed:
aSixty days from the filing of the charge-sheet
bThirty days from the appearance or production of the accused
cSeven days from the appearance or production of the accused
dFourteen days from the appearance or production of the accused
Answer: D
Section 230 BNSS, unlike Section 207 CrPC, fixes an outer limit of fourteen days from the production or appearance of the accused for supplying the police report and accompanying documents free of cost.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a complaint case the proviso to Section 223(1) requires that before taking cognizance of an offence the Magistrate shall:
aGive the accused an opportunity of being heard
bRecord the complainant's statement only and issue process forthwith
cRefer the matter for police investigation under Section 175
dObtain the prior sanction of the Sessions Judge
Answer: A
The proviso to Section 223(1) BNSS is a new safeguard requiring that no cognizance of an offence on a complaint be taken without first giving the proposed accused an opportunity of being heard.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial of a proclaimed offender in absentia under Section 356 cannot commence earlier than:
aSix months after framing of the charge
bSixty days after framing of the charge
cNinety days after framing of the charge
dThirty days after framing of the charge
Answer: C
Section 356 BNSS permits trial in absentia of a proclaimed offender but the proceeding (trial) shall not commence until ninety days have elapsed from the date of framing of the charge.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is compoundable, the legal effect on the accused once the offence is lawfully compounded is that he is:
aGranted the benefit of plea bargaining
bDischarged from the case
cReleased on probation of good conduct
dAcquitted of the offence
Answer: D
Section 359 BNSS provides that the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term exceeding one year but not exceeding three years is:
aSix months
bThere is no limitation for such offences
cThree years
dOne year
Answer: C
Section 514 BNSS prescribes the limitation periods: six months for offences punishable with fine only, one year where imprisonment does not exceed one year, and three years where imprisonment exceeds one year but does not exceed three years.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition under Section 472 against a sentence of death may be filed before the President or the Governor within a period of:
aSixty days from the date of confirmation of the sentence
bFifteen days from the date of intimation by the jail Superintendent
cThirty days from the date of intimation by the jail Superintendent
dNinety days from the date of confirmation of the sentence
Answer: C
Section 472 BNSS, a new statutory provision, allows a convict under sentence of death, or his legal heir or relative, to file a mercy petition within thirty days of being informed by the jail Superintendent of the dismissal of the appeal/SLP or confirmation of the sentence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the report of a police officer on completion of investigation (charge-sheet) is forwarded to the Magistrate empowered to take cognizance under:
aSection 193
bSection 173
cSection 187
dSection 190
Answer: A
Section 193 BNSS corresponds to the former Section 173 CrPC and governs the report of the police officer on completion of investigation, requiring the officer in charge to forward the report to the Magistrate empowered to take cognizance.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where the medical examination of a victim of rape is conducted, the registered medical practitioner is required to forward the medical examination report to the investigating officer within:
aThree days
bFifteen days
cTwenty-four hours
dSeven days
Answer: D
Section 184 BNSS provides that in cases of rape or attempt to commit rape, the registered medical practitioner shall forward the medical examination report to the investigating officer within seven days.
Under Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a private person who arrests another in his presence must make over the arrested person to a police officer (or take him to the nearest police station) without unnecessary delay, but in any case within:
asuch reasonable time as the circumstances permit, no outer limit being prescribed
bsix hours from such arrest
ctwelve hours from such arrest
dtwenty-four hours from such arrest
Answer: B
Section 40 BNSS permits a private person to arrest one who in his presence commits a non-bailable and cognizable offence, or a proclaimed offender, and requires the arrested person to be made over to a police officer within six hours of arrest — a fixed outer limit that did not exist in Section 43 CrPC.
Under Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a 'summons-case' means:
aa case relating to an offence punishable with imprisonment for a term not exceeding one year
ba case relating to an offence punishable with fine only
ca case relating to an offence, and not being a warrant-case
da case triable by a Magistrate of the second class only
Answer: C
Section 2 BNSS defines a 'summons-case' as a case relating to an offence, and not being a warrant-case; a 'warrant-case' is one punishable with death, life imprisonment, or imprisonment exceeding two years.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (the dying declaration), is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 33
bSection 30
cSection 32
dSection 26
Answer: D
Statements by persons who are dead or who cannot be found are dealt with in Section 26 of the BSA, 2023; clause (a) covers the dying declaration, replacing Section 32(1) of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is:
aA competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
bNot a competent witness against a co-accused under any circumstances
cCompetent only where two or more accomplices corroborate one another
dA competent witness only if granted pardon by the Court
Answer: A
As enacted, Section 138 of the BSA, 2023 provides that an accomplice is a competent witness against an accused person and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This is a deliberate change from the repealed Section 133 IEA, which spoke of conviction on uncorroborated accomplice testimony.
"No particular number of witnesses shall in any case be required for the proof of any fact." This rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 139
bSection 134
cSection 138
dSection 141
Answer: A
Section 139 of the BSA, 2023 (formerly Section 134, Indian Evidence Act) embodies the quality-over-quantity principle that no fixed number of witnesses is required to prove a fact.
The doctrine of estoppel, declaring that one who by his declaration, act or omission has caused another to believe a thing to be true and to act upon such belief shall not be allowed to deny its truth, is enacted in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 121
bSection 115
cSection 123
dSection 118
Answer: A
Section 121 of the BSA, 2023 lays down the general rule of estoppel, corresponding to Section 115 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the order of examinations provides that a witness shall be:
aFirst examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined
bFirst cross-examined, then examined-in-chief, then re-examined
cExamined-in-chief and cross-examined simultaneously by both parties
dFirst examined-in-chief, then re-examined, and cross-examination only with leave of the Court
Answer: A
Section 143 of the BSA, 2023 (formerly Section 138, Indian Evidence Act) prescribes the sequence: examination-in-chief, then cross-examination, then re-examination.
A question which suggests the answer that the person putting it wishes or expects to receive is, under the Bharatiya Sakshya Adhiniyam, 2023, called a:
aHostile question, defined in Section 149
bLeading question, defined in Section 146
cMaterial question, defined in Section 142
dIndecent question, defined in Section 154
Answer: B
Section 146 of the BSA, 2023 (formerly Section 141, Indian Evidence Act) defines a leading question as one suggesting the desired answer; such questions are generally not allowed in examination-in-chief.
When a party's own witness turns hostile, the Court may, in its discretion, permit the person who calls the witness to put any question to him which might be put in cross-examination by the adverse party. This power is conferred by which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 143
bSection 154
cSection 149
dSection 157
Answer: D
Section 157 of the BSA, 2023 (formerly Section 154, Indian Evidence Act) empowers the Court to permit a party to cross-examine its own (hostile) witness.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving any particular fact which is especially within the knowledge of a person lies:
aUpon that person
bUpon the prosecution in every case
cUpon whoever first asserts the fact
dUpon the party who would fail if no evidence were given
Answer: A
Section 109 of the BSA, 2023 (formerly Section 106, Indian Evidence Act) casts the burden of proving a fact especially within a person's knowledge upon that person.
The general rule that the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side is found in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 109
bSection 104
cSection 101
dSection 106
Answer: B
Section 104 of the BSA, 2023 (formerly Section 101, Indian Evidence Act) lays down the foundational rule regarding on whom the burden of proof lies.
When the terms of a contract, grant or other disposition of property have been reduced to the form of a document, no evidence shall be given in proof of the terms except the document itself or secondary evidence of its contents. This exclusionary rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 95
bSection 93
cSection 92
dSection 94
Answer: D
Section 94 of the BSA, 2023 (formerly Section 91, Indian Evidence Act) excludes oral evidence of the terms of a documented transaction, embodying the best-evidence rule.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a person specially skilled in foreign law, science, art, handwriting, finger impressions or the examination of electronic evidence is relevant under which section?
aSection 39
bSection 45
cSection 52
dSection 47
Answer: A
Section 39 of the BSA, 2023 (formerly Section 45, Indian Evidence Act) makes expert opinion relevant and expressly extends it to the examination of electronic evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023, the document itself produced for the inspection of the Court is:
aDocumentary admission, under Section 56
bReal evidence, under Section 55
cSecondary evidence, under Section 58
dPrimary evidence, under Section 57
Answer: D
Section 57 of the BSA, 2023 (formerly Section 62, Indian Evidence Act) defines primary evidence as the document itself produced for the Court's inspection, while Section 58 deals with secondary evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023, the Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business. This discretionary presumption is enacted in:
aSection 121
bSection 117
cSection 119
dSection 118
Answer: C
Section 119 of the BSA, 2023 (formerly Section 114, Indian Evidence Act) empowers the Court to presume the existence of certain facts; the illustrations include the presumption against a person in possession of recently stolen goods.
Under the Bharatiya Sakshya Adhiniyam, 2023, a witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned. This is permitted under:
aSection 164
bSection 162
cSection 159
dSection 160
Answer: B
Section 162 of the BSA, 2023 (formerly Section 159, Indian Evidence Act) permits a witness to refresh his memory from contemporaneous writings while under examination.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where a fact is discovered in consequence of information received from an accused person in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. This rule is contained in:
aSection 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: B
The discovery rule sits in the proviso to Section 23(2) of the BSA; of the options offered, Section 23(2) is the correct location. Only that part of the information distinctly relating to the fact discovered, whether or not it amounts to a confession, is admissible (old Section 27 IEA).
No confession made to a police officer shall be proved as against a person accused of any offence. This absolute bar is enacted in:
aSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 21 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 23 (specifically Section 23(1)) of the BSA imposes the bar that no confession made to a police officer shall be proved against the accused. Section 22 deals with confessions caused by inducement, threat, coercion or promise, not confessions to the police.
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as security for a general balance of account any goods bailed to them. This right is known as:
aRight of stoppage in transit
bParticular lien under Section 170
cRight of subrogation
dGeneral lien under Section 171
Answer: D
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, allowing them to retain goods bailed for a general balance of account, absent a contrary contract.
The delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them, is defined under the Indian Contract Act, 1872 as:
aSale, under Section 4 of the Sale of Goods Act
bPledge, under Section 172
cIndemnity, under Section 124
dBailment, under Section 148
Answer: D
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, upon a contract that they shall be returned or otherwise disposed of according to the bailor's directions once the purpose is accomplished.
Where the parties to a contract agree to substitute a new contract for the old one, the original contract need not be performed. This effect of novation, rescission and alteration is provided in:
aSection 56 of the Indian Contract Act, 1872
bSection 65 of the Indian Contract Act, 1872
cSection 73 of the Indian Contract Act, 1872
dSection 62 of the Indian Contract Act, 1872
Answer: D
Section 62 provides that if the parties agree to substitute a new contract for the original, or to rescind or alter it, the original contract need not be performed.
Consider the following two statements relating to agreements by way of wager under the Indian Contract Act, 1872:
Statement I: Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager.
Statement II: A subsequent fresh promise to pay a sum of money won upon a wager is enforceable, being supported by past consideration.
Choose the correct option:
aBoth Statement I and Statement II are correct
bStatement I is incorrect, Statement II is correct
cStatement I is correct, Statement II is incorrect
dBoth Statement I and Statement II are incorrect
Answer: C
Section 30 makes wagering agreements void and bars any suit to recover anything won on a wager; a fresh promise to pay a sum won on a wager is equally void and not enforceable.
Under the Indian Contract Act, 1872, an agreement made without consideration is valid if it is a promise made in writing and registered, on account of natural love and affection, between parties standing in a near relation to each other. This exception is contained in:
aSection 10 of the Act
bSection 25(1) of the Act
cSection 23 of the Act
dSection 25(2) of the Act
Answer: B
Section 25(1) of the Indian Contract Act, 1872 saves from invalidity a written and registered agreement made out of natural love and affection between parties in a near relation. Section 25(2) covers compensation for past voluntary services and 25(3) a time-barred debt.
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is:
aVoidable at the option of the other party
bValid but unenforceable against the minor
cVoid ab initio
dVoidable at the option of the minor
Answer: C
The Privy Council held that a minor is incompetent to contract under Sections 10 and 11, so his agreement is void ab initio (absolutely void from the beginning) and cannot be enforced against him.
A contract to do or not to do something, if some event collateral to such contract does or does not happen, is defined under the Indian Contract Act, 1872 as a:
aWagering agreement under Section 30
bContingent contract under Section 31
cReciprocal promise under Section 51
dQuasi contract under Section 68
Answer: B
Section 31 defines a contingent contract as a contract to do or not to do something if some event, collateral to such contract, does or does not happen; e.g., a contract to pay B Rs. 10,000 if B's house is burnt.
Where two persons enter into an agreement under a mistake as to a matter of fact essential to the agreement, the agreement under the Indian Contract Act, 1872 is:
aVoid
bVoidable at the option of either party
cValid and binding on both
dVoidable only at the option of the party who was not at fault
Answer: A
Under Section 20, when both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. A mistake of law in force in India (Section 21) does not, however, make the contract voidable.
In Lalman Shukla v. Gauri Datt (1913), the plaintiff who traced his master's missing nephew and only afterwards learnt of the announced reward was held not entitled to claim it, on the principle that:
aThere can be no acceptance of an offer without knowledge of the offer
bPast consideration is no consideration
cA servant can never enter into a contract with his master
dA reward once announced can be withdrawn at any time before performance
Answer: A
The Allahabad High Court held that there can be no acceptance, and hence no contract, where the person performing the act had no knowledge of the offer at the time of performance, reading Section 4 on communication of a proposal.
Section 73 of the Indian Contract Act, 1872, which lays down that compensation is not to be given for any remote and indirect loss sustained by reason of the breach, is regarded as embodying the rule laid down in the English case of:
aHadley v. Baxendale
bFelthouse v. Bindley
cCurrie v. Misa
dCarlill v. Carbolic Smoke Ball Co.
Answer: A
Section 73 is based on the common-law rule of remoteness in Hadley v. Baxendale (1854), allowing compensation for loss arising naturally in the usual course or which the parties knew to be likely, but barring remote and indirect loss.
Where a contract has been broken and a sum is named in the contract as the amount to be paid in case of such breach, the party complaining of the breach is entitled, under Section 74 of the Indian Contract Act, 1872, to receive:
aReasonable compensation not exceeding the sum so named
bDouble the sum named as a penalty
cOnly the actual loss proved, the named sum being wholly disregarded
dThe whole sum named, irrespective of actual loss
Answer: A
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named (or penalty stipulated), whether or not actual loss is proved; the distinction between liquidated damages and penalty is thereby largely removed.
Any person aggrieved by an order of the Controller under the H.P. Urban Rent Control Act, 1987 may prefer an appeal to the appellate authority within how many days from the date of the order (subject to extension for sufficient cause)?
aThirty days
bForty-five days
cFifteen days
dNinety days
Answer: C
The Act provides that an appeal against the Controller's order must ordinarily be filed within fifteen days of the order, the appellate authority being empowered to condone delay for reasons recorded in writing.
Under the H.P. Urban Rent Control Act, 1987, in computing the period of limitation for an appeal against an order of the Controller, the time taken to obtain a certified copy of the order appealed against shall be:
aCounted only if the copy is obtained within seven days
bIrrelevant, as no certified copy is required for filing the appeal
cIncluded in the period of limitation
dExcluded from the period of limitation
Answer: D
Consistent with the general rule of limitation incorporated in the Act's appeal provision, the time requisite for obtaining a certified copy of the impugned order is excluded while computing the appeal period.
Assertion (A): Under the H.P. Urban Rent Control Act, 1987, issues which have been substantially decided in earlier proceedings or settled by final orders are not to be reopened by the Controller. Reason (R): The Act gives finality to decisions to prevent endless re-litigation of the same matter between the parties. Choose the correct alternative:
aBoth A and R are true, but R does not explain A correctly
bBoth A and R are true, and R is the correct explanation of A
cA is true, but R is false
dBoth A and R are false
Answer: B
Section 18 of the Act bars reopening of issues substantially decided or finally settled in earlier proceedings; this rule of finality exists precisely to avoid repeated re-litigation, so R correctly explains A.
With reference to the H.P. Urban Rent Control Act, 1987, match List I with List II and select the correct answer using the codes below:
List I
(P) Determination of fair rent
(Q) Fine or premium not to be charged
(R) Conversion of residential into non-residential building
(S) Cutting off or withholding essential supply or service
List II
(i) Section 4
(ii) Section 8
(iii) Section 11
(iv) Section 12
aP-(i), Q-(ii), R-(iv), S-(iii)
bP-(ii), Q-(i), R-(iii), S-(iv)
cP-(iv), Q-(ii), R-(i), S-(iii)
dP-(i), Q-(iii), R-(ii), S-(iv)
Answer: A
Fair rent is determined under Section 4, premium is barred under Section 8, conversion of a residential building is governed by Section 12, and cutting off essential supply or service falls under Section 11.
Under the H.P. Urban Rent Control Act, 1987, a specified landlord who, having evicted a tenant on the ground of bona fide personal requirement, fails to occupy the building for the prescribed continuous period or re-lets it to a person other than the evicted tenant, is punishable under Section 30 with imprisonment which may extend to:
aThree months, or fine up to one thousand rupees, or both
bSix months and fine of five thousand rupees only
cTwo years, or fine up to five thousand rupees, or both
dOne year, or fine up to ten thousand rupees, or both
Answer: A
Section 30 of the Act penalises such a specified landlord with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
The Himachal Pradesh Urban Rent Control Act, 1987 was enacted essentially as an Act to provide for:
aThe control of rents and regulation of eviction of tenants within the limits of urban areas of Himachal Pradesh
bOnly the regulation of eviction of tenants throughout the State of Himachal Pradesh
cOnly the control of rents within the limits of urban areas of Himachal Pradesh
dThe control of rents within rural as well as urban areas of Himachal Pradesh
Answer: A
The long title of the H.P. Urban Rent Control Act, 1987 describes it as an Act to control the increase of rent of, and to regulate the eviction of tenants from, buildings and rented land situate within the limits of urban areas in the State.
Under the H.P. Urban Rent Control Act, 1987, the various definitions, including those of 'landlord', 'tenant' and 'urban area', are contained in:
aSection 5 of the Act
bSection 4 of the Act
cSection 2 of the Act
dSection 3 of the Act
Answer: C
Section 2 of the H.P. Urban Rent Control Act, 1987 is the definition clause, defining expressions such as landlord, tenant, building, rented land and urban area.
Under the H.P. Urban Rent Control Act, 1987, the prohibition that no landlord shall claim or receive any fine, premium or other like sum in addition to rent for the grant, renewal or continuance of a tenancy is contained in:
aSection 11
bSection 9
cSection 15
dSection 13
Answer: A
Section 11 of the Act bars a landlord from charging any fine, premium or other like sum, or any rent exceeding the fair rent, in consideration of the grant, renewal or continuance of a tenancy.
Under the H.P. Urban Rent Control Act, 1987, no person shall convert a residential building into a non-residential building except with the permission in writing of the Controller. This restriction is provided in:
aSection 16
bSection 14
cSection 12
dSection 13
Answer: C
Section 12 of the Act prohibits conversion of a residential building into a non-residential building without the prior written permission of the Controller.
Under the H.P. Urban Rent Control Act, 1987, the provision dealing with restoration of any essential supply or service which the landlord has cut off or withheld is contained in:
aSection 11
bSection 13
cSection 14
dSection 12
Answer: B
Section 13 of the Act empowers the Controller, on a tenant's application, to direct restoration of an essential supply or service (such as water or electricity) which the landlord has cut off or withheld.
Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, a married male Hindu cannot take a son or daughter in adoption except with the consent of his wife, UNLESS the wife:
aHas not borne a child within the marriage
bIs residing separately from the husband
cHas completely and finally renounced the world, or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind
dIs older than the husband
Answer: C
The proviso to Section 7 dispenses with the wife's consent only where she has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a competent court to be of unsound mind.
Under the proviso to Section 6 of the Hindu Minority and Guardianship Act, 1956, the custody of a Hindu minor who has not completed the age of five years shall ordinarily be with:
aSuch person as the court may appoint
bThe mother
cThe father
dThe paternal grandfather
Answer: B
The proviso to Section 6 of the Hindu Minority and Guardianship Act, 1956 provides that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of an illegitimate Hindu minor (boy or unmarried girl) is:
aThe father, and after him, the mother
bThe mother, and after her, the father
cThe maternal grandfather
dThe person appointed by the District Court
Answer: B
Section 6(b) provides that in the case of an illegitimate boy or an illegitimate unmarried girl, the natural guardian is the mother, and after her, the father.
Under the Schedule to the Hindu Succession Act, 1956 (read with Section 8), which of the following relatives of a male Hindu dying intestate is NOT a Class I heir?
aMother
bWidow
cSon of a predeceased son
dFather
Answer: D
The father of the deceased is a Class II heir (Entry I of Class II), not a Class I heir. The mother, widow, son, daughter and son of a predeceased son are Class I heirs.
In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, the Supreme Court held in relation to Section 6 of the Hindu Succession Act, 1956 (as amended in 2005) that:
aA daughter becomes a coparcener by birth in her own right, and it is not necessary that the father coparcener should have been living on 9 September 2005
bA married daughter cannot claim coparcenary rights
cA daughter becomes a coparcener only if her father was alive on 9 September 2005
dThe 2005 amendment applies only to daughters born after 9 September 2005
Answer: A
In Vineeta Sharma v. Rakesh Sharma, the Supreme Court held that a daughter's coparcenary right under amended Section 6 is by birth, and the father coparcener need not have been living on the date of the 2005 amendment.
Under Section 15(1) of the Hindu Succession Act, 1956, the general property of a female Hindu dying intestate devolves firstly upon:
aThe heirs of the husband
bThe sons and daughters (including the children of any predeceased son or daughter) and the husband
cThe mother and father
dThe heirs of the father
Answer: B
Section 15(1)(a) provides that the property devolves firstly upon the sons and daughters (including the children of any predeceased son or daughter) and the husband.
Under Section 5(iii) of the Hindu Marriage Act, 1955, the conditions as to the age of the parties to a Hindu marriage require that:
aThe bridegroom has completed 18 years and the bride 16 years
bThe bridegroom has completed 21 years and the bride 18 years
cBoth the bridegroom and the bride have completed 18 years
dThe bridegroom has completed 21 years and the bride 21 years
Answer: B
Section 5(iii) of the Hindu Marriage Act, 1955 requires the bridegroom to have completed the age of 21 years and the bride the age of 18 years at the time of the marriage.
Where the rites and ceremonies of a Hindu marriage include the saptapadi, the marriage becomes complete and binding under Section 7 of the Hindu Marriage Act, 1955:
aWhen the seventh step is taken before the sacred fire
bWhen the fifth step is taken before the sacred fire
cOn the recitation of the final mantra by the priest
dWhen the third step is taken before the sacred fire
Answer: A
Under Section 7(2) of the Hindu Marriage Act, 1955, where the saptapadi (taking of seven steps jointly before the sacred fire) is included, the marriage becomes complete and binding when the seventh step is taken.
A marriage solemnised after the commencement of the Hindu Marriage Act, 1955 in contravention of the condition that neither party has a spouse living at the time of marriage is:
aValid until set aside by a decree
bVoidable at the option of the aggrieved party
cMerely irregular and curable by subsequent registration
dNull and void and may be so declared by a decree of nullity
Answer: D
Under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955, a bigamous marriage (where a party has a spouse living) is null and void, and may be declared so by a decree of nullity.
A mortgage by which, without delivering possession, the mortgagor binds himself personally to pay and agrees that, in default, the mortgagee shall have a right to cause the property to be sold and the proceeds applied in payment, is known under Section 58 of the Transfer of Property Act, 1882 as a:
aEnglish mortgage
bUsufructuary mortgage
cMortgage by conditional sale
dSimple mortgage
Answer: D
Section 58(b) defines a simple mortgage as one where the mortgagor binds himself personally to pay and, without delivering possession, agrees that on default the mortgagee may cause the property to be sold and proceeds applied towards the mortgage-money.
The doctrine "once a mortgage always a mortgage", which renders void any condition fettering the mortgagor's right to redeem, is recognised in the Transfer of Property Act, 1882 as the rule against:
aMarshalling of securities under Section 56
bClogs on the equity of redemption under Section 60
cSubrogation under Section 92
dContribution to mortgage-debt under Section 82
Answer: B
Section 60 confers the right of redemption on the mortgagor; any stipulation that obstructs or clogs this right is void as a clog on the equity of redemption, embodying the maxim "once a mortgage always a mortgage".
Under Section 105 of the Transfer of Property Act, 1882, a lease of immovable property is a transfer of a right to enjoy the property made for a certain time, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered. The price so paid or promised is called the:
aPremium
bMesne profit
cSalami
dRent
Answer: A
Section 105 provides that the price paid or promised is called the premium, while the money, share, service or thing rendered periodically or on specified occasions is called the rent.
Under Section 122 of the Transfer of Property Act, 1882, where a gift is made and the donee dies before acceptance, the gift is:
aValid and the property passes to the donee's heirs
bVoid
cValid only if the donor had already delivered possession
dVoidable at the option of the donor's heirs
Answer: B
Section 122 requires that a gift be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
The doctrine of election, requiring a person to whom a benefit is conferred by an instrument that also purports to transfer his own property to elect either to confirm or to dissent from the instrument, is contained in:
aSection 43 of the Transfer of Property Act, 1882
bSection 41 of the Transfer of Property Act, 1882
cSection 35 of the Transfer of Property Act, 1882
dSection 48 of the Transfer of Property Act, 1882
Answer: C
Section 35 embodies the doctrine of election: where a person professes to transfer property he has no right to transfer and by the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm the transfer or to dissent from it and relinquish the benefit.
Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255, is a leading decision of the Supreme Court of India dealing principally with the distinction between:
aActionable claim and mere right to sue
bSale and mortgage by conditional sale
cVested interest and contingent interest
dLease and licence
Answer: C
In Rajes Kanta Roy v. Santi Debi the Supreme Court examined Sections 19 and 21 of the Transfer of Property Act and clarified the distinction between vested and contingent interests, holding the interest there to be vested.
Under the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred. This rule is contained in:
aSection 6(dd)
bSection 6(b)
cSection 6(c)
dSection 6(a)
Answer: D
Section 6(a) expressly bars the transfer of the chance of an heir-apparent, the chance of a relation obtaining a legacy, or any other mere possibility of a like nature.
The rule against perpetuity codified in Section 14 of the Transfer of Property Act, 1882 permits the vesting of an interest to be postponed up to:
aThe life or lives of persons living at the date of transfer plus the period of gestation
bThe lifetime of the transferor only
cA fixed period of 18 years from the date of transfer
dThe life or lives of persons living at the date of transfer plus the minority of some person in existence at the expiration of that period
Answer: D
Section 14 forbids creating an interest that takes effect after the lifetime of one or more persons living at the date of transfer plus the minority of a person who shall be in existence at the expiration of that period.
Under Section 27 of the Limitation Act, 1963, at the determination of the period limited to a person for instituting a suit for possession of any property:
aa fresh period of twelve years begins to run
bonly his remedy by suit is barred but his right subsists
chis right to such property is extinguished
dhe may still recover possession with the leave of the court
Answer: C
Section 27 is an exception to the general rule that limitation bars the remedy but not the right; on expiry of the period for a possession suit, the right to the property itself is extinguished, which is the statutory basis of adverse possession.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagee for foreclosure is:
asixty years
btwelve years
cthirty years
dthree years
Answer: C
Article 63 of the Schedule prescribes thirty years for a suit by a mortgagee for foreclosure, running from when the money secured by the mortgage becomes due.
Under Article 65 of the Schedule to the Limitation Act, 1963, a suit for possession of immovable property based on title must be filed within twelve years, the time being computed from:
athe date of registration of the title deed
bthe date of dispossession of the plaintiff
cthe date when the possession of the defendant becomes adverse to the plaintiff
dthe date of the plaintiff's purchase
Answer: C
Article 65 prescribes twelve years for a title-based possession suit, computed from the date when the defendant's possession becomes adverse to the plaintiff (unlike Article 64, which runs from the date of dispossession in a possessory suit).
Where the Schedule to the Limitation Act, 1963 prescribes no specific period for a particular suit, the residuary Article applicable, and the period thereunder, is:
aArticle 113 — twelve years
bArticle 137 — three years
cArticle 137 — one year
dArticle 113 — three years
Answer: D
Article 113 is the residuary article for suits not otherwise provided for, prescribing three years from when the right to sue accrues; Article 137 is the corresponding residuary article for applications.
Match List I (provision of the Limitation Act, 1963) with List II (subject matter) and select the correct answer using the codes given below:
List I: (P) Section 5 (Q) Section 14 (R) Section 18 (S) Section 27
List II: (i) Acknowledgment in writing (ii) Extension of prescribed period (appeals/applications) (iii) Extinguishment of right to property (iv) Exclusion of time in proceeding bona fide in a court without jurisdiction
aP-(iv), Q-(ii), R-(iii), S-(i)
bP-(i), Q-(iv), R-(ii), S-(iii)
cP-(ii), Q-(iv), R-(i), S-(iii)
dP-(ii), Q-(iii), R-(i), S-(iv)
Answer: C
Section 5 deals with extension of the prescribed period for appeals and applications, Section 14 with exclusion of time spent bona fide in a court without jurisdiction, Section 18 with acknowledgment in writing, and Section 27 with extinguishment of the right to property.
Where, after the institution of a suit, a new defendant is substituted or added, then, as regards him, the suit shall, under Section 21 of the Limitation Act, 1963, be deemed to have been instituted:
aon the date the court orders amendment of the plaint
bon the date the original suit was first filed
con the date the cause of action first accrued
dwhen he was so made a party
Answer: D
Under Section 21(1), where a new plaintiff or defendant is substituted or added after institution of the suit, the suit is deemed, as regards him, to have been instituted when he was so made a party (subject to the proviso for cases of mistake).
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period of limitation, the court:
aShall dismiss it only if the defendant pleads the bar of limitation as a defence
bShall dismiss it although limitation has not been set up as a defence
cMay dismiss it only after framing a preliminary issue at the defendant's instance
dShall return the plaint for presentation to the proper court
Answer: B
Section 3(1) casts a mandatory duty on the court to dismiss every suit, appeal or application made after the prescribed period, even though limitation has not been set up as a defence.
Section 5 of the Limitation Act, 1963, empowering a court to admit an appeal or application after the prescribed period on sufficient cause being shown, is NOT available to:
aApplications for leave to appeal
bAppeals
cSuits
dApplications for review of judgment
Answer: C
Section 5 extends only to appeals and applications; by its express language it does not apply to suits, for which no condonation of delay is permissible.
"The length of the delay is no matter; acceptability of the explanation is the only criterion" for condonation of delay under Section 5 was held by the Supreme Court in:
aN. Balakrishnan v. M. Krishnamurthy
bPopat Bahiru Goverdhane v. Land Acquisition Officer
cCollector, Land Acquisition, Anantnag v. Mst. Katiji
dBasawaraj v. Special Land Acquisition Officer
Answer: A
In N. Balakrishnan v. M. Krishnamurthy, AIR 1998 SC 3222, the Court observed that length of delay is no matter and the acceptability of the explanation is the only criterion for condonation under Section 5.
A person entitled to the possession of specific movable property may recover it 'in the manner provided by the Code of Civil Procedure, 1908.' This provision is contained in:
aSection 10 of the Specific Relief Act, 1963
bSection 5 of the Specific Relief Act, 1963
cSection 7 of the Specific Relief Act, 1963
dSection 8 of the Specific Relief Act, 1963
Answer: C
Section 7 provides that a person entitled to possession of specific movable property may recover it in the manner provided by the CPC, 1908. Section 8 deals separately with the liability of a person in possession not as owner.
Section 8 of the Specific Relief Act, 1963 relates to:
aRecovery of specific immovable property on the basis of title
bSpecific performance of part of a contract
cLiability of a person in possession, not as owner, to deliver articles to a person entitled to immediate possession
dRescission of contracts
Answer: C
Section 8 governs the liability of a person in present possession of an article, but not as its owner, to deliver it to the person entitled to its immediate possession in the cases specified in clauses (a) to (d).
Under the proviso to Section 34 of the Specific Relief Act, 1963, where a plaintiff, being able to seek further relief than a mere declaration of title, omits to do so, the court:
aShall stay the suit until the further relief is claimed
bShall make no declaration
cMay, in its discretion, still grant the declaration
dShall grant the declaration but withhold costs
Answer: B
The proviso to Section 34 is mandatory: no court 'shall make any such declaration' where the plaintiff, being able to seek further relief, omits to do so. The refusal is not discretionary.
Assertion (A): A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit.
Reason (R): A temporary injunction continues until a specified time or further order of the court and is regulated by the Code of Civil Procedure, 1908.
Choose the correct alternative:
aBoth A and R are true, and R is the correct explanation of A
bBoth A and R are false
cA is true, but R is false
dBoth A and R are true, but R does not explain A correctly
Answer: D
Both statements are true under Section 37 (a perpetual injunction is granted by the decree at hearing on merits; a temporary injunction is regulated by the CPC), but R describes temporary injunctions and does not explain the basis of perpetual injunctions.
Under Section 41 of the Specific Relief Act, 1963, an injunction CANNOT be granted:
aTo prevent the breach of an obligation existing in favour of the plaintiff
bTo prevent a continuing breach of trust
cTo prevent waste of property by a trustee
dTo restrain any person from prosecuting a judicial proceeding pending at the institution of the suit, unless to prevent a multiplicity of proceedings
Answer: D
Section 41(b) bars an injunction to restrain a person from prosecuting a judicial proceeding pending at the institution of the suit, save to prevent multiplicity of proceedings; the other reliefs are permissible.
Under Section 21 of the Specific Relief Act, 1963, where the court awards compensation in addition to or in substitution for specific performance, the measure of such compensation is to be determined in accordance with:
aSection 74 of the Indian Contract Act, 1872
bSection 75 of the Indian Contract Act, 1872
cOrder XX of the Code of Civil Procedure, 1908
dSection 73 of the Indian Contract Act, 1872
Answer: D
Section 21(5) read with sub-section (4) directs that compensation under Section 21 be determined in accordance with the principles specified in Section 73 of the Indian Contract Act, 1872.
The remedy of rectification of an instrument under Section 26 of the Specific Relief Act, 1963 is available where, through fraud or a mutual mistake of the parties:
aThe instrument does not express the real intention of the parties
bThe consideration agreed was inadequate
cOne party seeks to add wholly new terms not earlier agreed
dThe contract itself was never validly formed
Answer: A
Section 26 permits rectification only to correct an instrument which, due to fraud or mutual mistake, fails to express the real intention of the parties; it corrects the expression, not the formation, of the contract.
Where, in the case of a sale, mortgage or settlement, several instruments are employed for completing the transaction, Section 4 of the Indian Stamp Act, 1899 provides that:
aThe Collector shall determine which instrument is chargeable and the others are wholly exempt
bNone of the instruments shall be chargeable with duty until the transaction is completed
cThe principal instrument only shall be chargeable with the prescribed duty, and each of the other instruments with a nominal duty
dEach of the instruments shall be chargeable with the full duty prescribed in the Schedule for a conveyance
Answer: C
Under Section 4(1), where several instruments are employed to complete a single transaction of sale, mortgage or settlement, only the principal instrument bears the full prescribed duty, while each of the other instruments bears a nominal duty.
Under Section 4(2) of the Indian Stamp Act, 1899, the principal instrument in a single transaction employing several instruments is to be determined as follows:
aThe parties may determine for themselves which instrument shall be deemed the principal instrument, subject to the proviso that the duty on it shall be the highest chargeable on any of the instruments
bThe instrument of the highest value of property is always the principal instrument, with no choice to the parties
cThe instrument executed first in point of time is always the principal instrument
dThe Collector alone shall determine it in every case
Answer: A
Section 4(2) allows the parties to determine for themselves which instrument is the principal instrument, but the proviso requires that the duty chargeable on the instrument so determined shall be the highest duty chargeable on any of the said instruments.
Under Section 29 of the Indian Stamp Act, 1899, in the absence of an agreement to the contrary, the expense of providing the proper stamp on a bond is to be borne by:
aThe person in whose favour the bond is executed
bThe person making, drawing or executing the instrument
cThe Collector of the district
dBoth parties in equal shares in every case
Answer: B
Section 29 allocates the expense of providing the proper stamps in the absence of a contrary agreement. For a bond (and similar instruments listed in the section), the duty is borne by the person drawing, making or executing the instrument.
An instrument chargeable with duty but not duly stamped is, under Section 35 of the Indian Stamp Act, 1899:
aInadmissible in evidence and shall not be acted upon, registered or authenticated, unless duly stamped
bAdmissible only in criminal proceedings
cAdmissible in evidence without any condition
dVoid and incapable of being validated under any circumstances
Answer: A
Section 35 bars an instrument not duly stamped from being admitted in evidence, acted upon, registered or authenticated. The proviso permits admission on payment of the deficient duty together with the prescribed penalty.
Under the proviso to Section 35 of the Indian Stamp Act, 1899, an instrument insufficiently stamped (other than the excepted instruments) may be admitted in evidence on payment of the deficient duty together with a penalty of:
aTwenty times the amount of the proper duty in every case
bA fixed sum of five rupees only in every case
cTwice the amount of the deficient duty in every case
dFive rupees, or where ten times the proper duty or deficient portion exceeds five rupees, a sum equal to ten times such duty or deficient portion
Answer: D
The proviso to Section 35 fixes the penalty at five rupees, or, where ten times the amount of the proper duty or deficient portion exceeds five rupees, a sum equal to ten times such duty or deficient portion.
Where an offence under Section 138 is committed by a company, Section 141 of the Negotiable Instruments Act, 1881 makes which of the following persons primarily liable along with the company?
aEvery shareholder of the company
bOnly the statutory auditor of the company
cEvery person who, at the time the offence was committed, was in charge of, and responsible to, the company for the conduct of its business
dOnly the company secretary
Answer: C
Section 141(1) fastens liability on every person who, at the time of the offence, was in charge of and responsible to the company for the conduct of its business, as well as the company.
For the purposes of Section 141 of the Negotiable Instruments Act, 1881, the expression "company" means:
aOnly a public limited company
bAny body corporate and includes a firm or other association of individuals
cA Hindu Undivided Family carrying on business
dOnly a body corporate registered under the Companies Act
Answer: B
The Explanation to Section 141 defines "company" as any body corporate and includes a firm or other association of individuals; a "director" in relation to a firm means a partner.
Under Section 142(1) of the Negotiable Instruments Act, 1881, cognizance of an offence under Section 138 can be taken only upon a complaint in writing made by:
aThe drawer of the cheque
bThe drawee bank
cAny person aware of the dishonour
dThe payee or, as the case may be, the holder in due course of the cheque
Answer: D
Clause (a) of Section 142(1) permits cognizance only on a written complaint by the payee or the holder in due course of the cheque.
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must ordinarily be made within one month of the date on which the cause of action arises under:
aClause (a) of the proviso to Section 138
bClause (c) of the proviso to Section 138
cClause (b) of the proviso to Section 138
dSection 139 of the Act
Answer: B
The one-month limitation under Section 142(1)(b) runs from the cause of action under clause (c) of the proviso to Section 138, i.e., the drawer's failure to pay within fifteen days of notice.
By virtue of the proviso to Section 142(1)(b) of the Negotiable Instruments Act, 1881, a court may take cognizance of a complaint under Section 138 even after the prescribed period of one month, if:
aThe complainant satisfies the court that he had sufficient cause for not making the complaint within that period
bThe cheque amount exceeds one lakh rupees
cThe High Court grants special leave
dThe drawer is a company
Answer: A
The proviso to Section 142(1)(b), inserted in 2002, empowers the court to condone the delay if the complainant shows sufficient cause for not filing within the one-month period.
Under the H.P. Excise Act, 2011, "manufacture" of liquor includes:
aThe transport and warehousing of liquor pending sale
bOnly the bottling and labelling of liquor for retail sale
cRe-distillation and every process for the rectification, reduction, flavouring, blending, colouring or bottling of liquor
dOnly the original production of liquor by fermentation or distillation
Answer: C
Section 2(o) gives "manufacture" an inclusive meaning covering any natural or artificial process by which liquor is produced or prepared, and also re-distillation and every process for rectification, reduction, flavouring, blending, colouring or bottling of liquor.
Which Section of the H.P. Excise Act, 2011 prohibits the manufacture of liquor except under the authority of the Act?
aSection 23
bSection 17
cSection 21
dSection 15
Answer: D
Section 15 of the Act prohibits the manufacture of liquor except under and in accordance with the provisions of the Act. Section 17 deals with prohibition of removal of liquor from a distillery/brewery/warehouse, Section 21 with import/export/transport, and Section 23 with sale.
Under Section 23 of the H.P. Excise Act, 2011, no liquor shall be sold except under the authority and subject to the terms of a licence granted by:
aThe State Government only
bThe Financial Commissioner or the Collector, as the case may be
cThe Excise Officer only
dThe Collector only
Answer: B
Section 23(1) provides that no liquor shall be sold except under the authority of a licence granted in this behalf by the Financial Commissioner or Collector, as the case may be.
Under Section 26 of the H.P. Excise Act, 2011, the prohibition on sale or delivery of liquor relates to a person apparently under the age of:
a16 years
b25 years
c18 years
d21 years
Answer: C
Section 26(1) penalises a licence holder, or any person acting on his behalf, who sells or delivers liquor to any person apparently under the age of 18 years; sub-section (2) likewise bars employing such a minor in a liquor vend or bar.
Which Section of the H.P. Excise Act, 2011 confers the power to withdraw a licence, permit or pass?
aSection 32
bSection 31
cSection 29
dSection 30
Answer: A
Section 32 deals with the power to withdraw a licence etc. Section 29 deals with cancellation or suspension of licences, and Section 31 with no compensation or refund being claimable on cancellation or suspension.
Under Section 12 of the Wild Life (Protection) Act, 1972, a permit to hunt a wild animal may be granted by the Chief Wild Life Warden for which of the following special purposes?
aTrade and commercial sale
bReligious sacrifice
cSport and recreation
dEducation, scientific research and scientific management
Answer: D
Section 12 permits hunting under a special permit only for education, scientific research, scientific management, collection of specimens for recognised zoos/museums, and derivation/collection of snake venom.
Which one of the following Chapters of the Wild Life (Protection) Act, 1972 contains the provisions relating to the 'Protection of Specified Plants'?
aChapter IIIA
bChapter V
cChapter IVA
dChapter III
Answer: A
Chapter IIIA (Sections 17A to 17H), inserted by the 1991 Amendment, deals with the Protection of Specified Plants; Chapter IVA deals with the Central Zoo Authority and recognition of zoos.
Under Section 25A of the Wild Life (Protection) Act, 1972, the proceedings for inquiring into and determining the existence, nature and extent of rights of persons over land within the limits of a notified sanctuary shall, as far as possible, be completed within what period from the date of notification under Section 18?
aTwo years
bThree years
cFive years
dOne year
Answer: A
Section 25A requires acquisition proceedings under Sections 19 to 25 to be completed within two years from the date of the Section 18 notification declaring the intention to constitute the sanctuary.
Under the Indian Forest Act, 1927, after the issue of a notification under Section 4 declaring the intention to constitute a reserved forest, no right in or over the land comprised therein shall be acquired by any person:
aExcept with the prior sanction in writing of the State Legislature
bUnder any circumstances whatsoever, all such acquisitions being absolutely void
cExcept by succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification issued
dExcept by adverse possession running for a period of twelve years
Answer: C
Section 5 bars accrual of forest-rights after the Section 4 notification, save by succession or under a grant or contract in writing made by or on behalf of the Government or the person in whom the right was already vested.
In the proclamation issued by the Forest Settlement Officer under Section 6 of the Indian Forest Act, 1927, the period fixed for persons to prefer claims to rights in or over the proposed reserved forest shall be:
aNot less than one month from the date of the proclamation
bNot less than three months from the date of the proclamation
cNot less than six months from the date of the proclamation
dNot less than fifteen days from the date of the proclamation
Answer: B
Section 6 requires the proclamation to fix a period of not less than three months from its date within which claims to rights may be preferred before the Forest Settlement Officer.
Under the Indian Forest Act, 1927, rights in respect of which no claim has been preferred under Section 6, and of the existence of which no knowledge has been acquired by enquiry under Section 7:
aShall be extinguished, unless before the notification under Section 20 the person claiming them satisfies the Forest Settlement Officer that he had sufficient cause for not preferring the claim in time
bAre automatically commuted into a money compensation payable by the Government
cMay be enforced at any time as the Act prescribes no period of limitation for such rights
dContinue to subsist until expressly extinguished by a civil court
Answer: A
Section 9 extinguishes rights not claimed under Section 6 and not otherwise known, subject to the saving that the claimant may, before the Section 20 notification, show sufficient cause for the omission.
Under the Indian Forest Act, 1927, the final declaration that a particular forest-land has become a reserved forest is made by the State Government by a notification under:
aSection 6
bSection 20
cSection 4
dSection 17
Answer: B
While Section 4 contains the preliminary notification of intention, it is the notification under Section 20 that finally declares the forest to be a reserved forest from a date specified therein.
Under the Himachal Pradesh Courts Act, 1976, Additional District Judges, as may be necessary for the speedy disposal of business, are appointed by:
athe State Government after consultation with the High Court
bthe District Judge concerned after consultation with the State Government
cthe State Government on the recommendation of the Public Service Commission
dthe High Court after consultation with the State Government
Answer: A
Additional District Judges are appointed by the State Government after consultation with the High Court when the business of a District Judge's court so requires.
Under the Himachal Pradesh Courts Act, 1976, the High Court or the District Judge may assign to an Additional District Judge functions of the District Judge:
aincluding the functions of receiving and registering cases and appeals
bonly with the prior sanction of the State Government in each case
cincluding the receiving of cases but excluding appeals
dexcluding the functions of receiving and registering cases and appeals
Answer: A
The Act permits assignment to an Additional District Judge of any functions of the District Judge, including the functions of receiving and registering cases and appeals.
Under CEDAW, the obligation of States Parties to modify the social and cultural patterns of conduct of men and women, so as to eliminate prejudices and practices based on the idea of inferiority/superiority of either sex or on stereotyped roles for men and women, is contained in:
aArticle 2(a)
bArticle 11(1)
cArticle 5(a)
dArticle 16(1)
Answer: C
Article 5(a) CEDAW is the core anti-stereotyping provision, requiring States to modify social and cultural patterns to eliminate stereotyped roles for men and women.
Whoever commits penetrative sexual assault under Section 4(1) of the POCSO Act, 2012 (as amended in 2019) shall be punished with imprisonment for a term which shall not be less than:
aThree years
bSeven years
cTwenty years
dTen years
Answer: D
Section 4(1), as amended by the POCSO (Amendment) Act, 2019, prescribes a minimum of ten years (raised from seven) extending to imprisonment for life, plus fine.
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