Himachal Pradesh Judiciary Mock Test 7 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
150
Questions
19
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court from a decree passed in appeal by a subordinate court only:
aWhere the value of the subject-matter exceeds a prescribed limit
bIf the case involves a substantial question of law
cAs a matter of right on any question of law or fact
dIf the High Court is satisfied that the lower appellate court erred on a question of fact
Answer: B
Post the 1976 amendment, Section 100 permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the court.
Under the proviso to Order VIII, Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file his written statement within thirty days, the court may allow him to file it on a later day to be specified for reasons recorded in writing, but which shall not be later than:
aNinety days from the date of service of summons
bOne hundred and twenty days from the date of service of summons
cSeventy-five days from the date of service of summons
dSixty days from the date of service of summons
Answer: A
Order VIII, Rule 1 fixes a thirty-day period for the written statement, extendable for recorded reasons up to a maximum of ninety days from service of summons in an ordinary civil suit.
Under Order IX, Rule 13 of the Code of Civil Procedure, 1908, an ex parte decree passed against a defendant may be set aside if he satisfies the court that:
aThe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing
bThe decree was passed without framing issues
cThe plaint did not disclose a cause of action
dThe suit was barred by limitation
Answer: A
Order IX, Rule 13 allows setting aside of an ex parte decree where the defendant shows the summons was not duly served or that sufficient cause prevented his appearance at the hearing.
Under Order XXIII, Rule 1(3) of the Code of Civil Procedure, 1908, the court may permit a plaintiff to withdraw from a suit with liberty to institute a fresh suit in respect of the subject-matter where it is satisfied that:
aThe suit must fail by reason of some formal defect, or there are sufficient grounds for allowing a fresh suit
bThe defendant has filed a counter-claim
cThe plaintiff has compromised the claim out of court
dThe plaintiff merely wishes to avoid paying court costs
Answer: A
Order XXIII, Rule 1(3) permits withdrawal with liberty to sue afresh only on satisfaction of a formal defect that would defeat the suit, or other sufficient grounds for a fresh suit.
Section 144 of the Code of Civil Procedure, 1908, which embodies the doctrine of restitution, is attracted where a decree or order is:
aMerely stayed pending appeal
bPassed ex parte and not yet challenged
cSought to be executed for the first time
dVaried or reversed in appeal, revision or other proceeding, or set aside or modified in a suit instituted for the purpose
Answer: D
Section 144 obliges the court which passed the decree to make restitution placing the parties in the position they would have occupied but for a decree later varied, reversed, set aside or modified.
Under Section 24 of the Code of Civil Procedure, 1908, the High Court or the District Court may, at any stage, transfer any suit, appeal or other proceeding pending before it to a court subordinate to it:
aOnly with the prior sanction of the State Government
bOnly where both courts are situated within the same district
cOn the application of a party, or of its own motion, to a subordinate court competent to try or dispose of the same
dOnly on the application of a party and never of its own motion
Answer: C
Section 24 confers a general power on the High Court or District Court to transfer or withdraw cases either on a party's application or suo motu, to a competent subordinate court.
Under Order VII, Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected where:
aIt does not disclose a cause of action
bThe defendant fails to appear on the first hearing
cThe plaintiff fails to produce documentary evidence
dThe suit is filed in a court lacking territorial jurisdiction, in every case
Answer: A
Order VII, Rule 11(a) requires rejection of a plaint that does not disclose a cause of action; other grounds include undervaluation, insufficient stamp, and statutory bar not cured within time.
Section 89 of the Code of Civil Procedure, 1908, empowers the court, where it appears there exist elements of a settlement, to refer the dispute for:
aCompulsory arbitration only
bArbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation
cReference to the High Court for an opinion
dTrial by a commissioner appointed under Order XXVI
Answer: B
Section 89 lists four alternative dispute resolution modes: arbitration, conciliation, judicial settlement (including Lok Adalat), and mediation, to which the court may refer a dispute showing settlement elements.
Notwithstanding anything in any Letters Patent, Section 100A of the Code of Civil Procedure, 1908, provides that where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court:
aA further appeal shall lie only with the certificate of the Single Judge
bA Letters Patent appeal shall lie to a Division Bench as of right
cNo further appeal shall lie from the judgment and decree of such Single Judge
dA further appeal shall lie directly to the Supreme Court
Answer: C
Section 100A bars any further (intra-court Letters Patent) appeal once a Single Judge of a High Court decides an appeal from an original or appellate decree or order.
Under Order I, Rule 10(2) of the Code of Civil Procedure, 1908, the court may at any stage of the proceedings, on such terms as it thinks just, order the name of any party improperly joined to be struck out, or order the addition of a party whose presence:
aIs required merely to increase the court fee payable
bMay be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit
cIs desired only by the plaintiff
dHas been consented to by all existing defendants
Answer: B
Order I, Rule 10(2) empowers the court to strike out improperly joined parties and to add a party whose presence is necessary to effectually and completely adjudicate all questions in the suit.
Under Section 9 of the Code of Civil Procedure, 1908, the civil courts have jurisdiction to try all suits of a civil nature except suits of which their cognizance is:
aExpressly or impliedly barred
bBarred merely because the suit involves a question of religious rites
cOnly expressly barred by statute
dOnly impliedly barred by necessary implication
Answer: A
Section 9 confers jurisdiction on civil courts over all suits of a civil nature except those whose cognizance is either expressly barred or barred by necessary implication (impliedly).
A 'decree' as defined in Section 2(2) of the Code of Civil Procedure, 1908 does NOT include:
aRejection of a plaint
bAny adjudication from which an appeal lies as an appeal from an order
cA preliminary decree
dThe determination of any question within Section 144
Answer: B
Section 2(2) expressly excludes from the definition of 'decree' any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default; rejection of a plaint and determinations under Section 144 are deemed to be decrees.
The doctrine that 'no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties' is embodied in:
aSection 13 of the Code of Civil Procedure, 1908
bSection 11 of the Code of Civil Procedure, 1908
cSection 12 of the Code of Civil Procedure, 1908
dSection 10 of the Code of Civil Procedure, 1908
Answer: B
Section 11 enacts the principle of res judicata; Section 10 deals with stay of suit (res sub judice).
An objection to the place of suing (territorial jurisdiction) under Section 21 of the Code of Civil Procedure, 1908 shall not be allowed by an appellate or revisional court unless such objection was:
aRaised for the first time in the memorandum of appeal
bTaken at any stage before final judgment of the trial court
cDecided in favour of the objector by the trial court
dTaken in the Court of first instance at the earliest possible opportunity and unless there has been a consequent failure of justice
Answer: D
Section 21(1) bars appellate/revisional courts from entertaining an objection as to place of suing unless it was taken in the Court of first instance at the earliest possible opportunity and there has been a consequent failure of justice.
The power of a civil court to transfer a suit, appeal or other proceeding pending before it to any court subordinate to it is conferred by:
aSection 23 of the Code of Civil Procedure, 1908
bSection 24 of the Code of Civil Procedure, 1908
cSection 25 of the Code of Civil Procedure, 1908
dSection 22 of the Code of Civil Procedure, 1908
Answer: B
Section 24 gives the High Court or District Court general power of transfer and withdrawal of suits, appeals and other proceedings; Section 25 empowers the Supreme Court to transfer cases from one State to another.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, as amended in 1976, lies to the High Court only if the High Court is satisfied that the case involves:
aA failure of natural justice alone
bAn error apparent on the face of the record
cA substantial question of law
dAny question of law or fact
Answer: C
After the 1976 amendment, a second appeal under Section 100 lies only where the case involves a substantial question of law, which must be formulated by the High Court.
Under Order V, Rule 1 of the Code of Civil Procedure, 1908 (as amended in 2002), where a summons is issued to the defendant, the defendant must appear and answer the claim and file the written statement of his defence, ordinarily within:
aNinety days from the date of service of summons
bSixty days from the date of service of summons
cForty-five days from the date of service of summons
dThirty days from the date of service of summons
Answer: D
Order V Rule 1 read with Order VIII Rule 1 requires the defendant to file the written statement within thirty days from service of summons, extendable for reasons recorded up to ninety days.
Under Section 80 of the Bharatiya Nyaya Sanhita, 2023, for an unnatural death of a woman to be classified as a 'dowry death', it must occur within how many years of her marriage?
aThree years
bTen years
cSeven years
dFive years
Answer: C
Section 80 BNS provides that the death of a woman by burns, bodily injury or otherwise than under normal circumstances within seven years of marriage, preceded by dowry-related cruelty, is a dowry death, punishable with imprisonment not less than seven years extendable to life.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed when a child is taken or enticed away without the guardian's consent. The relevant age of the child is below:
aTwenty-one years
bEighteen years irrespective of sex
cTwelve years
dSixteen years for a male and eighteen years for a female
Answer: B
Section 137 BNS fixes a uniform age of below eighteen years for any child (irrespective of sex) in the definition of kidnapping from lawful guardianship, along with persons of unsound mind.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined and punishable under:
aSection 69
bSection 49
cSection 61
dSection 55
Answer: C
Section 61 BNS defines criminal conspiracy as an agreement of two or more persons to do an illegal act or a legal act by illegal means, and prescribes its punishment.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation is contained in Section 356, which, in addition to imprisonment and fine, introduces as a possible punishment:
aCommunity service
bExternment from the district
cForfeiture of property
dPublic apology in a newspaper
Answer: A
Section 356(2) BNS punishes defamation with simple imprisonment up to two years, or fine, or both, or with community service — community service being a new mode of punishment under the BNS.
Under Section 329 of the Bharatiya Nyaya Sanhita, 2023, simple criminal trespass is punishable with imprisonment which may extend to:
aThree months, or fine up to five thousand rupees, or both
bOne year, or fine, or both
cTwo years and fine
dSix months, or fine up to ten thousand rupees, or both
Answer: A
Section 329 BNS defines criminal trespass and house-trespass; simple criminal trespass is punishable with imprisonment up to three months, or fine up to five thousand rupees, or both.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt is punishable under Section 117. Where such grievous hurt causes permanent disability or a persistent vegetative state, the punishment is:
aRigorous imprisonment of not less than ten years extendable to imprisonment for life
bDeath or imprisonment for life
cImprisonment up to seven years and fine
dImprisonment up to three years and fine
Answer: A
Section 117 BNS punishes ordinary voluntary grievous hurt with imprisonment up to seven years and fine, but where the act causes permanent disability or persistent vegetative state, the punishment is rigorous imprisonment of not less than ten years extendable to life.
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. This principle of joint liability is contained in:
aSection 61
bSection 3(5)
cSection 34
dSection 190
Answer: B
The doctrine of common intention, formerly Section 34 IPC, is now embodied in Section 3(5) of the BNS, 2023, within the General Explanations chapter. Section 190 BNS deals with the distinct concept of common object of an unlawful assembly.
Match List I (Offence under the Bharatiya Nyaya Sanhita, 2023) with List II (Section) and select the correct answer using the codes below:
List I: (P) Theft (Q) Snatching (R) Robbery (S) Dacoity
List II: (1) Section 303 (2) Section 304 (3) Section 309 (4) Section 310
aP-1, Q-2, R-4, S-3
bP-3, Q-4, R-1, S-2
cP-1, Q-2, R-3, S-4
dP-2, Q-1, R-4, S-3
Answer: C
Under the BNS, 2023, theft is defined in Section 303, the newly created offence of snatching in Section 304, robbery in Section 309 and dacoity in Section 310.
Snatching, introduced as a separate offence by the Bharatiya Nyaya Sanhita, 2023, is punishable with imprisonment of either description for a term which may extend to:
aOne year
bThree years
cTwo years
dSeven years
Answer: B
Section 304 BNS makes snatching of movable property a distinct offence punishable with imprisonment of either description up to three years, and the offender is also liable to fine.
Whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine. This provision is found in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 103
bSection 100
cSection 105
dSection 101
Answer: A
Section 103(1) BNS prescribes the punishment for murder (death or life imprisonment, with fine). Section 101 defines when culpable homicide amounts to murder, while Section 100 defines culpable homicide.
A novel provision in Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 deals with murder committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief. The minimum sentence for each member under this clause is imprisonment for a term not less than:
aThree years
bSeven years
cFive years
dTen years
Answer: B
Section 103(2) BNS, addressing so-called mob lynching, provides that each member of such a group shall be punished with death, or imprisonment for life, or imprisonment for a term not less than seven years, and also fine.
The offence of 'organised crime', expressly defined and made punishable for the first time in a general penal code, finds place in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 112
bSection 110
cSection 113
dSection 111
Answer: D
Section 111 BNS defines and punishes organised crime, while Section 112 covers petty organised crime and Section 113 deals with terrorist acts.
Assertion (A): Under the Bharatiya Nyaya Sanhita, 2023, a person who takes or entices a girl below eighteen years of age out of the keeping of her lawful guardian without consent commits kidnapping from lawful guardianship, but a boy is protected only if below sixteen years.
Reason (R): Section 137(2) BNS defines 'child' as a person below eighteen years of age for the purposes of kidnapping from lawful guardianship.
Choose the correct alternative:
aBoth A and R are true, and R is the correct explanation of A.
bBoth A and R are true, but R does not explain A correctly.
cA is false, but R is true.
dBoth A and R are false.
Answer: C
The old IPC gender distinction (16 years for boys, 18 for girls) has been removed; Section 137 BNS uses a uniform age of below eighteen years for any 'child', so the Assertion is false while the Reason correctly states the new definition.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required to constitute an 'unlawful assembly' is:
aSeven
bThree
cTwo
dFive
Answer: D
Section 189 BNS, carrying forward the position under Section 141 IPC, requires an assembly of five or more persons sharing a common object specified in the section.
X, with the intention of permanently depriving Y of his mobile phone, dishonestly grabs it from Y's hand on a public road and runs away, without using any further force. Under the Bharatiya Nyaya Sanhita, 2023, X has most appropriately committed:
aRobbery under Section 309
bSnatching under Section 304
cExtortion under Section 308
dDacoity under Section 310
Answer: B
A mere sudden forcible seizure or grabbing of movable property, without the additional aggravating force or fear required for robbery, is the new offence of snatching under Section 304 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for cheating, where no inducement to deliver property is involved, may extend to imprisonment for:
aSeven years
bFive years
cOne year
dThree years
Answer: D
Section 318(2) BNS punishes simple cheating with imprisonment up to three years, or fine, or both; where cheating induces delivery of property (formerly Section 420 IPC), Section 318(4) prescribes up to seven years.
Under Section 290 BNSS, an application for plea bargaining must be filed by the accused within:
a15 days from the date of cognizance
b90 days from the filing of the police report
c60 days from the date of arrest
d30 days from the date of framing of charge
Answer: D
Section 290(1) BNSS fixes a time limit of thirty days from the date of framing of charge for the accused to file an application for plea bargaining, a timeline not specified in the corresponding CrPC provision.
Under the first proviso to Section 479(1) BNSS, a first-time offender who has never been convicted shall be released on bond by the Court if he has undergone detention for a period extending up to:
aOne-third of the maximum period of imprisonment specified for the offence
bThe full maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-fourth of the maximum period of imprisonment specified for the offence
Answer: A
Under the first proviso to Section 479(1) BNSS, a first-time offender (never previously convicted) is to be released on bond on undergoing detention up to one-third of the maximum sentence; the general rule is one-half.
Under Section 359 BNSS, when an offence has been validly compounded, the effect of such composition on the accused is that of:
aWithdrawal of prosecution with liberty to revive
bAcquittal of the accused
cConviction with admonition
dDischarge of the accused
Answer: B
Section 359(8) BNSS provides that the composition of an offence under the section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
A person convicted on a trial held by a Magistrate of the second class under the Bharatiya Nagarik Suraksha Sanhita, 2023 may appeal to:
aThe High Court
bThe Magistrate of the first class
cThe Court of Session
dThe Chief Judicial Magistrate
Answer: C
Under Section 415(3) BNSS, any person convicted on a trial held by a Magistrate of the first or second class may appeal to the Court of Session, mirroring the scheme of Section 374 of the old CrPC.
Under Section 472 BNSS, an application for mercy against a sentence of death by the convict or his legal heir is to be made to:
aThe Governor of the State and thereafter to the President
bThe Supreme Court within thirty days
cThe High Court within sixty days
dThe Sessions Court that passed the sentence
Answer: A
Section 472 BNSS, a new provision, lays down a time-bound mercy-petition procedure: the convict, legal heir or relative may petition the Governor under Article 161 and, on its disposal, the President under Article 72.
In a trial of an offence under Section 138 of the Negotiable Instruments Act, 1881, the offence being triable as a summons-case, the procedure that the Magistrate is required to follow as a general rule under Section 143 of that Act is:
aSummary trial
bWarrant trial
cSessions trial
dTrial by jury
Answer: A
Section 143 of the Negotiable Instruments Act, 1881 directs that Section 138 cheque-dishonour cases be tried summarily by the Magistrate, and the trial is to be concluded, as far as practicable, within six months from the filing of the complaint.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to the commission of a cognizable offence is given to an officer in charge of a police station, the recording of the First Information Report "irrespective of the area where the offence is committed" (the Zero FIR provision) is governed by:
aSection 154 of the BNSS
bSection 173 of the BNSS
cSection 187 of the BNSS
dSection 175 of the BNSS
Answer: B
Section 173(1) BNSS codifies the Zero FIR concept by using the words 'irrespective of the area where the offence is committed', requiring registration regardless of territorial jurisdiction. It replaces Section 154 of the old CrPC.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of an offence punishable with imprisonment up to ten years, the fifteen days of police custody authorised by a Magistrate may be sought:
aOnly within the first fifteen days of the investigation
bAt any time during the initial sixty days of the investigation
cAt any time during the initial ninety days of the investigation
dAt any time during the initial forty days of the investigation
Answer: D
Under Section 187 BNSS the aggregate of fifteen days police custody may be sought during the initial forty days of investigation for offences punishable up to ten years, and during the initial sixty days for offences punishable with death, life imprisonment or imprisonment of ten years or more.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, no person who is infirm or above sixty years of age, alleged to have committed an offence punishable with imprisonment for a term of less than three years, shall be arrested without the prior permission of an officer not below the rank of:
aAn officer in charge of a police station
bA Superintendent of Police
cAn Inspector of Police
dA Deputy Superintendent of Police
Answer: D
The proviso to Section 35(7) BNSS prohibits arrest of a person who is infirm or above sixty years for an offence punishable with imprisonment of less than three years without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers upon the High Court the inherent power to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice?
aSection 438
bSection 528
cSection 482
dSection 401
Answer: B
Section 528 BNSS preserves the inherent powers of the High Court (including the power to quash FIRs and proceedings amounting to abuse of process); it corresponds to Section 482 of the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for grant of anticipatory bail (direction for release in the event of arrest on accusation of a non-bailable offence) lies under:
aSection 483
bSection 482
cSection 480
dSection 438
Answer: B
Section 482 BNSS provides for anticipatory bail and replaces Section 438 of the old CrPC; the application lies only before the Court of Session or the High Court.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court where he has undergone detention as an undertrial for a period extending up to:
aOne-third of the maximum period of imprisonment specified for the offence
bOne-half of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dThe whole of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479 BNSS provides that a first-time offender (never previously convicted) shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment for the offence; the general rule is one-half.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting a search and the preparation of the list of things seized shall be recorded through audio-video electronic means, and the police officer shall, without delay, forward such recording to the:
aSuperintendent of Police of the district
bDirector of Public Prosecution
cOfficer in charge of the police station only
dDistrict Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class
Answer: D
Section 105 BNSS mandates audio-video recording (preferably by mobile phone) of search and seizure, which the police officer must forward without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Assertion (A): Under the Bharatiya Nagarik Suraksha Sanhita, 2023, every State Government is required to prepare and notify a Witness Protection Scheme.
Reason (R): Section 398 of the BNSS casts a statutory obligation on the State Government to formulate such a scheme for the protection of witnesses.
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 398 BNSS statutorily mandates every State Government to prepare and notify a Witness Protection Scheme; the obligation flowing from Section 398 is precisely what makes the assertion true, so R correctly explains A.
Match List I (provision of the Bharatiya Nagarik Suraksha Sanhita, 2023) with List II (subject matter) and select the correct answer:
List I: (P) Section 35 (Q) Section 173 (R) Section 187 (S) Section 193
List II: (1) Police report on completion of investigation (2) Arrest without warrant (3) Information in cognizable cases / FIR (4) Procedure when investigation cannot be completed in twenty-four hours
aP-3, Q-2, R-1, S-4
bP-2, Q-3, R-4, S-1
cP-2, Q-4, R-3, S-1
dP-1, Q-3, R-4, S-2
Answer: B
Section 35 deals with arrest without warrant, Section 173 with FIR/information in cognizable cases, Section 187 with detention beyond twenty-four hours (police custody/remand) and Section 193 with the police report (charge-sheet) on completion of investigation.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (trial in absentia of a proclaimed offender), the Court may proceed with the trial of an absconding proclaimed offender only after the expiry of:
aOne hundred eighty days from the date of framing of the charge
bThirty days from the date of framing of the charge
cNinety days from the date of framing of the charge
dSixty days from the date of framing of the charge
Answer: C
Section 356 BNSS permits trial in absentia of a proclaimed offender; the trial may proceed only after ninety days have elapsed from the date of framing of the charge, with the prescribed safeguards of notice and publication.
Where a document is required by law to be attested, it shall not be used as evidence until at least one attesting witness has been called for the purpose of proving its execution, if such witness is alive and capable of giving evidence. This requirement is contained in the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 67
bSection 65
cSection 63
dSection 70
Answer: A
Section 67 of the BSA, 2023 governs proof of execution of a document required by law to be attested (old Section 68 of the Evidence Act).
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. Under the Bharatiya Sakshya Adhiniyam, 2023, this general rule of burden of proof is laid down in:
aSection 110
bSection 104
cSection 101
dSection 106
Answer: B
Section 104 of the BSA, 2023 states the general principle of burden of proof (old Section 101 of the Evidence Act).
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023, this principle is contained in:
aSection 109
bSection 112
cSection 106
dSection 108
Answer: A
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon that person (old Section 106 of the Evidence Act).
The doctrine of estoppel, under which a person who has by his declaration, act or omission intentionally caused another to believe a thing to be true and to act upon such belief is not allowed to deny its truth, is incorporated in the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 118
bSection 119
cSection 121
dSection 123
Answer: C
Section 121 of the BSA, 2023 embodies the rule of estoppel (old Section 115 of the Evidence Act); estoppel is a rule of evidence and not a cause of action.
Which of the following correctly states the law as to an accomplice under the Bharatiya Sakshya Adhiniyam, 2023?
aAn accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
bAn accomplice is not a competent witness against an accused person
cAn accomplice may testify only after he has been granted a pardon by the Magistrate
dThe evidence of an accomplice must in every case be corroborated, failing which the trial is void
Answer: A
Section 138 of the BSA, 2023 (successor to Section 133 IEA) declares an accomplice a competent witness and, as enacted, provides that a conviction is not illegal if it proceeds upon the 'corroborated' testimony of an accomplice (the BSA changed the IEA word 'uncorroborated' to 'corroborated'). Illustration (b) to Section 119 BSA supplies the allied rule of prudence.
Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses is required for the proof of any fact. This rule is contained in:
aSection 134
bSection 146
cSection 139
dSection 124
Answer: C
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required to prove any fact (old Section 134 of the Evidence Act); evidence is to be weighed, not counted.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer shall be proved as against a person accused of any offence. This bar is contained in:
aSection 23 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 22 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 25 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 24 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer against the accused, corresponding to the erstwhile Section 25 of the Indian Evidence Act, 1872.
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, in a case in which the cause of that person's death comes into question, is relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 27(1)
bSection 26(b)
cSection 26(a)
dSection 32(1)
Answer: C
Clause (a) of Section 26 of the BSA, 2023 makes a dying declaration relevant, replacing Section 32(1) of the Indian Evidence Act; it applies whether or not the person was under expectation of death and whatever the nature of the proceeding.
When more persons than one are being tried jointly for the same offence, and a confession made by one of them affecting himself and some other of such persons is proved, the Court may take such confession into consideration against such other person as well. This rule appears in the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 22
bSection 26
cSection 24
dSection 23
Answer: C
Section 24 of the BSA, 2023 (formerly Section 30 of the Indian Evidence Act) permits the Court to take into consideration a confession of a co-accused jointly tried for the same offence, against both the maker and the other person.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a person specially skilled in foreign law, science, art, or in questions as to identity of handwriting or finger impressions, is a relevant fact under:
aSection 47
bSection 51
cSection 45
dSection 39
Answer: D
Section 39 of the BSA, 2023 deals with the opinion of experts, corresponding to Section 45 of the Indian Evidence Act, 1872.
The contents of an electronic record may be proved, and an electronic record shall be admissible, on production of the certificate prescribed under the Bharatiya Sakshya Adhiniyam, 2023. The principal provision dealing with admissibility of electronic records (formerly Section 65B of the Indian Evidence Act) is:
aSection 65
bSection 62
cSection 61
dSection 63
Answer: D
Section 63 of the BSA, 2023 governs admissibility of electronic records, with the certificate requirement under sub-section (4); it replaces Section 65B of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that 'an accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice' is contained in:
aSection 114
bSection 133
cSection 138
dSection 135
Answer: C
Section 138 of the BSA, 2023 declares an accomplice a competent witness; it corresponds to Section 133 of the Indian Evidence Act and, as enacted, expressly speaks of the 'corroborated' testimony of an accomplice.
'No particular number of witnesses shall in any case be required for the proof of any fact.' Under the Bharatiya Sakshya Adhiniyam, 2023, this principle is enacted in:
aSection 134
bSection 138
cSection 139
dSection 135
Answer: C
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required to prove any fact, corresponding to Section 134 of the Indian Evidence Act, 1872.
Where a question is whether a person did or did not do a thing, the burden of proving that he did the thing lies on the party who asserts it. Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof lies on the person who would fail if no evidence were given on either side is found in:
aSection 104
bSection 106
cSection 101
dSection 109
Answer: A
Section 104 of the BSA, 2023 lays down the general rule of burden of proof, corresponding to Section 101 of the Indian Evidence Act, 1872.
Where the question is whether the commission of suicide by a married woman within seven years of marriage had been abetted by her husband or his relative, and it is shown she was subjected to cruelty, the Court may presume such abetment. Under the Bharatiya Sakshya Adhiniyam, 2023, this presumption is contained in:
aSection 116
bSection 113A
cSection 118
dSection 117
Answer: A
Section 116 of the BSA, 2023 carries the presumption as to abetment of suicide by a married woman, replacing Section 113A of the Indian Evidence Act, 1872.
When the question is whether a person has committed the dowry death of a woman, and it is shown that soon before her death she was subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Under the Bharatiya Sakshya Adhiniyam, 2023, this mandatory presumption is in:
aSection 117
bSection 116
cSection 113B
dSection 105
Answer: A
Section 117 of the BSA, 2023 enacts the presumption as to dowry death (a 'shall presume' provision), corresponding to Section 113B of the Indian Evidence Act, 1872.
Under Section 171 of the Indian Contract Act, 1872, which of the following is NOT among those who, in the absence of a contract to the contrary, may retain goods bailed to them as security for a general balance of account (general lien)?
aAttorneys of a High Court and policy-brokers
bInnkeepers
cBankers
dFactors and wharfingers
Answer: B
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers. Innkeepers are not included in this enumeration.
Under Section 230 of the Indian Contract Act, 1872, a contract that the agent shall be personally bound is presumed to exist in which of the following cases?
aWhere the agent contracts for the sale or purchase of goods for a merchant resident abroad
bIn all of the above cases
cWhere the principal, though disclosed, cannot be sued
dWhere the agent does not disclose the name of his principal
Answer: B
Section 230 presumes a contract making the agent personally liable in three situations: a foreign-resident principal, an undisclosed principal, and a disclosed principal who cannot be sued.
An agreement by way of wager is declared void under Section 30 of the Indian Contract Act, 1872. Which of the following statements regarding wagering agreements is NOT correct?
aA wagering agreement is void but not, on that account alone, forbidden by law
bA collateral agreement to a wager is necessarily void and unenforceable in every State
cSection 30 expressly exempts certain prizes for horse-racing from its operation
dNo suit shall be brought for recovering anything alleged to be won on any wager
Answer: B
Section 30 makes the wager itself void but, save in States with special amendments, collateral transactions are not automatically void; the section also saves certain horse-racing subscriptions or prizes.
An agreement in restraint of marriage of any person, other than a minor, under Section 26 of the Indian Contract Act, 1872 is:
aVoidable at the option of the person restrained
bEnforceable if the restraint is partial and reasonable
cValid
dVoid to that extent
Answer: D
Section 26 declares void every agreement in restraint of the marriage of any person, other than a minor; unlike restraint of trade, no exception of reasonableness is allowed.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move from:
aThe promisee only
bThe promisor only
cThe promisee or any other person, whether at the desire of the promisor
dAny stranger to the contract irrespective of the promisor's desire
Answer: C
Section 2(d) provides that consideration may be done or furnished by 'the promisee or any other person', but only when it is 'at the desire of the promisor'; thus consideration may move from a third party, distinguishing Indian law from English law.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872, where it is a written and registered promise made on account of natural love and affection between parties standing in:
aA relationship of principal and agent
bA commercial relationship
cA near relation to each other
dA relationship of master and servant
Answer: C
Exception 1 to Section 25 saves an agreement without consideration if it is expressed in writing, registered under the law for registration of documents, and made on account of natural love and affection between parties standing in a near relation to each other.
A finds B's purse and gives it to him. B promises to give A Rs. 50. With reference to the exceptions to Section 25 of the Indian Contract Act, 1872, the agreement is:
aVoidable at the option of B
bVoid for want of consideration
cA valid contract being a promise to compensate for a past voluntary act
dVoid as it is a gratuitous promise
Answer: C
This is the statutory illustration to Exception 2 of Section 25 — a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor is a valid contract though without fresh consideration.
Under the Explanation to Section 25 of the Indian Contract Act, 1872, the inadequacy of consideration:
aRenders the agreement void
bDoes not by itself make the agreement void, but may be a factor in deciding whether consent was freely given
cRenders the agreement voidable
dHas no relevance whatsoever to the validity of the agreement
Answer: B
Explanation 2 to Section 25 provides that an agreement is not void merely because the consideration is inadequate; but the inadequacy may be taken into account by the Court in determining whether the consent of the promisor was freely given.
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that an agreement entered into by a minor is:
aValid only if ratified on attaining majority
bVoidable at the option of the minor
cValid and binding on the minor
dVoid ab initio
Answer: D
Reading Section 11 with the requirement of competency, the Privy Council in Mohori Bibee held that a minor's agreement is void ab initio, as a minor is not competent to contract.
Under Section 27 of the Indian Contract Act, 1872, an agreement in restraint of trade is void. The only statutory exception expressly saved within Section 27 relates to:
aRestraint reasonable in the interest of the public
bSale of goodwill, where the seller may agree to refrain from carrying on a similar business within specified local limits
cRestraint on a partner during the continuance of partnership
dRestraint imposed on an employee during the term of employment
Answer: B
The exception within Section 27 itself saves only an agreement on sale of goodwill, by which the seller may agree to refrain from carrying on a similar business within specified local limits, so long as the limits are reasonable.
Under the Himachal Pradesh Urban Rent Control Act, 1987, after the fair rent of a building or rented land has been fixed under Section 4, no further increase or decrease in such fair rent shall be permissible for a period of:
aFive years
bThree years
cTwo years
dSeven years
Answer: A
Section 5 of the Act bars any increase or decrease in fair rent fixed under Section 4 for a period of five years; thereafter an increase of 10% of the fair rent or agreed rent is permissible.
An application for the determination of fair rent of a building or rented land under Section 4 of the Himachal Pradesh Urban Rent Control Act, 1987 may be made to the Controller by:
aThe tenant only
bOnly the Municipal Corporation of the urban area
cThe landlord only
dEither the landlord or the tenant
Answer: D
Section 4 empowers the Controller, on an application either by the tenant or by the landlord, to determine the fair rent of the building or rented land.
Under the Himachal Pradesh Urban Rent Control Act, 1987, no person shall convert a residential building into a non-residential building except with the written permission of the Controller. This prohibition is contained in:
aSection 12
bSection 14
cSection 11
dSection 20
Answer: A
Section 12 deals with conversion of a residential building into a non-residential building and requires the written permission of the Controller; Section 11 deals with cutting off or withholding essential supply or service.
The provision relating to 'cutting off or withholding essential supply or service' to a tenant under the Himachal Pradesh Urban Rent Control Act, 1987 is contained in:
aSection 11
bSection 13
cSection 15
dSection 9
Answer: A
Section 11 of the Act deals with the landlord cutting off or withholding any essential supply or service enjoyed by the tenant, and empowers the Controller to direct its restoration.
Under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, in an eviction application based on non-payment of rent, the tenant may avoid an order of eviction by paying or tendering the arrears of rent together with interest on such arrears at the rate of:
a6 per cent per annum
b18 per cent per annum
c12 per cent per annum
d9 per cent per annum
Answer: D
Section 14 permits the tenant to escape eviction for non-payment by paying or tendering the arrears of rent with interest at 9 per cent per annum together with the cost of the application, as ordered by the Controller.
Under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, a tenant becomes liable to eviction for non-payment of rent if he fails to pay or tender the rent due within:
aThirty days after the expiry of the tenancy month
bFifteen days after the expiry of the time fixed in the tenancy agreement (or, in the absence of agreement, by the last day of the month next following)
cSixty days after a written notice of demand
dSeven days after the rent becomes due
Answer: B
Section 14 makes a tenant liable to eviction where he has not paid or tendered the rent within fifteen days after expiry of the time fixed in the tenancy agreement, or in the absence of such agreement, by the last day of the month next following that for which the rent is payable.
Where the landlord refuses to accept rent tendered by the tenant or refuses to grant a receipt, or there is a bona fide doubt as to the person to whom the rent is payable, the Himachal Pradesh Urban Rent Control Act, 1987 permits the tenant to:
aPay the rent to the Municipal Corporation
bDeposit such rent with the Controller
cDeposit the rent in the nearest civil court
dWithhold the rent until the dispute is decided
Answer: B
Section 21 of the Act provides that in such circumstances the tenant may deposit the rent with the Controller in the prescribed manner, which operates as a valid tender of rent.
Any person aggrieved by an order of the Controller under the Himachal Pradesh Urban Rent Control Act, 1987 may prefer an appeal in writing to the appellate authority within:
aNinety days from the date of the order
bForty-five days from the date of the order
cThirty days from the date of the order
dFifteen days from the date of the order
Answer: D
An appeal against an order of the Controller must be filed within fifteen days from the date of the order, though the appellate authority may condone delay for reasons to be recorded; the time taken to obtain a certified copy is excluded.
Under Section 30 of the Himachal Pradesh Urban Rent Control Act, 1987, a specified landlord who, after evicting a tenant in pursuance of an order under Section 15(2), fails to occupy the building for the requisite continuous period or lets it out to a person other than the evicted tenant, is punishable with:
aImprisonment up to two years or fine up to two thousand rupees or both
bFine only, up to ten thousand rupees
cImprisonment up to one year and fine up to five thousand rupees
dImprisonment up to six months or fine up to one thousand rupees or both
Answer: D
Section 30 punishes such a specified landlord with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Assertion (A): A child of a marriage which is null and void under Section 11 of the Hindu Marriage Act, 1955 is nonetheless legitimate.
Reason (R): Section 16 of the Hindu Marriage Act confers legitimacy on children of void and voidable marriages.
Choose the correct alternative:
aBoth A and R are true, and R is the correct explanation of A
bBoth A and R are true, but R is not the correct explanation of A
cA is true, but R is false
dBoth A and R are false
Answer: A
Section 16 of the Hindu Marriage Act, 1955 expressly legitimises children born of void (Section 11) and voidable (Section 12) marriages; thus the Reason correctly explains the Assertion.
Under Section 6 of the Hindu Adoptions and Maintenance Act, 1956, the requisites of a valid adoption include that the person adopting has the capacity and the right to take in adoption, the person giving has the capacity to give, the person adopted is capable of being taken in adoption, and:
aThe adoption is registered before a Sub-Registrar
bThe adoption is approved by the District Court
cThe adoption is consented to by the natural mother in writing
dThe adoption is made in compliance with the other conditions mentioned in Chapter II of the Act
Answer: D
Section 6 lays down four requisites of a valid adoption, the fourth being that the adoption is made in compliance with the other conditions mentioned in Chapter II (Sections 7 to 11) of the Act. Registration is not a statutory requisite of validity.
Under Section 13B of the Hindu Marriage Act, 1955, a petition for divorce by mutual consent may be presented only after the parties have been living separately for a period of:
aOne year or more
bThree years or more
cSix months or more
dTwo years or more
Answer: A
Section 13B(1) requires that the parties to a petition for divorce by mutual consent have been living separately for a period of one year or more before presenting the petition. The separate six-month interval under Section 13B(2) governs the gap between the first and second motions.
The Hindu Marriage Act, 1955 applies to a person who is a Hindu by religion in any of its forms. Which of the following persons is NOT governed by the Act?
aA Parsi
bA Buddhist
cA Sikh
dA Jain
Answer: A
Section 2 of the Hindu Marriage Act, 1955 applies to Hindus, including Buddhists, Jains and Sikhs by religion, but expressly does not apply to Parsis (governed by their own personal law).
Under Section 8 of the Hindu Adoptions and Maintenance Act, 1956 (as it stands after the 2010 amendment), the capacity of a female Hindu to take a son or daughter in adoption requires that she:
aHas the prior written permission of the District Court in every case
bIs a widow, and in no other case
cIs unmarried, or if married, her husband is dead or has renounced the world or has been declared of unsound mind by a court
dIs below the age of forty-five years
Answer: C
After amendment, Section 8 confers on any female Hindu of sound mind who is not a minor the capacity to take in adoption; if she is married, the adoption requires that her husband is dead, has completely and finally renounced the world, has ceased to be a Hindu, or has been declared of unsound mind by a court of competent jurisdiction.
Under Section 3(f) of the Hindu Marriage Act, 1955, the "sapinda relationship" with reference to any person extends as far as:
aThe fourth generation through both the father and the mother
bThe third generation (inclusive) in the line of ascent through the father, and the fifth (inclusive) through the mother
cThe third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) through the father
dThe fifth generation through the mother and the seventh through the father
Answer: C
Section 3(f)(ii) defines sapinda relationship as extending up to the third generation (inclusive) in the line of ascent through the mother and the fifth (inclusive) through the father. A marriage between sapindas is void under Section 5(v) unless a permitting custom governs the parties.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites include the saptapadi, the marriage becomes complete and binding:
aOn registration of the marriage under Section 8
bWhen the kanyadaan is performed
cWhen the seventh step is taken before the sacred fire
dOn the tying of the mangalsutra
Answer: C
Under Section 7(2), where the saptapadi forms part of the rites, the marriage becomes complete and binding when the seventh step is taken jointly by the bride and bridegroom before the sacred fire.
Under Section 13B of the Hindu Marriage Act, 1955, after presentation of a joint petition for divorce by mutual consent, the motion for a decree may be made by both parties not earlier than six months and not later than:
aNine months after the date of presentation
bTwelve months after the date of presentation
cTwenty-four months after the date of presentation
dEighteen months after the date of presentation
Answer: D
Section 13B(2) requires the second motion to be made not earlier than six months and not later than eighteen months after the date of presentation of the petition; the Supreme Court in Amardeep Singh v. Harveen Kaur held the six-month period to be directory and waivable.
A and B are Hindus and marry. B already has a living spouse, C, at the time of the marriage. The marriage of A and B is:
aVoid ab initio under Section 11
bValid until a decree of nullity is obtained
cVoidable at the option of A under Section 12
dValid but punishable under Section 17
Answer: A
A marriage contravening the condition in Section 5(i) (neither party having a spouse living) is void ab initio under Section 11; the bigamous spouse is additionally liable to punishment under Section 17 of the Act.
A makes a gift of property to B and the deed contains a clause that A may revoke the gift wholly at his mere will and pleasure. Under Section 126 of the Transfer of Property Act, 1882, such a gift is:
aValid and revocable at the mere will of A
bVoid wholly, as a gift revocable at the mere will of the donor is void
cVoidable at the option of the donee B
dValid but the revocation clause alone is void, the gift remaining absolute
Answer: B
Section 126 permits suspension or revocation only on the happening of a specified event not depending on the will of the donor; a gift made revocable wholly or in part at the mere will of the donor is void to that extent. Here the entire gift is void.
A transfers Rs. 500 to B on condition that he shall murder C. The condition being one which involves the commission of an offence and is therefore unlawful, the transfer under Section 25 of the Transfer of Property Act, 1882 is:
aValid, the unlawful condition alone being void
bValid but enforceable only after deleting the condition
cVoidable at the option of B
dVoid
Answer: D
Under Section 25, a transfer on a condition that is impossible, forbidden by law, fraudulent, injurious, or immoral/opposed to public policy is void. A transfer conditioned on commission of an offence is void in its entirety.
A owns property and tells B he is selling it to him, but the sale deed value of the immovable property is Rs. 80. Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of value less than one hundred rupees may be made:
aOnly by an instrument attested by two witnesses, whether registered or not
bOnly by a registered instrument
cEither by a registered instrument or by delivery of the property
dOnly by delivery of the property and not otherwise
Answer: C
Under Section 54, sale of tangible immovable property of value of Rs. 100 or more is made only by a registered instrument; where the value is less than Rs. 100, it may be made either by a registered instrument or by delivery of the property.
Under Section 105 of the Transfer of Property Act, 1882, a 'lease' of immovable property is a transfer of a right to enjoy such property for a certain time, in consideration of a price paid or promised. The price so paid or promised in consideration of the transfer is called:
aThe premium
bThe consideration money
cThe rent
dThe earnest money
Answer: C
Under Section 105, the price paid or promised, or the money, share, service or other thing to be rendered periodically or on specified occasions, is called the 'rent'; a price paid in a lump sum is the 'premium'.
In the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes, under Section 106 of the Transfer of Property Act, 1882, is deemed to be:
aA lease at will, terminable at any time without notice
bA lease from month to month, terminable by fifteen days' notice
cA lease from year to year, terminable by six months' notice
dA lease for a fixed term of one year, not requiring any notice
Answer: C
Section 106 provides that, in the absence of a contract or local law/usage to the contrary, a lease for agricultural or manufacturing purposes is deemed to be from year to year, terminable on six months' notice; other leases are deemed month to month, terminable on fifteen days' notice.
Under Section 14 of the Transfer of Property Act, 1882, the rule against perpetuity provides that no transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and:
aA further fixed period of twenty-one years in every case
bThe minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong
cThe majority of some person who shall be in existence at the expiration of that period
dThe lifetime of an unborn person not in existence at the date of transfer
Answer: B
Section 14 ties the maximum period to the lives in being plus the minority of a person in existence at the expiration of that period to whom the interest is to belong on attaining full age. Indian law uses actual minority, not a flat 21-year period as in English law.
X transfers a field to Y on the condition that Y shall murder Z. The condition being one which the Court regards as opposed to public policy and involving injury to another, the interest created under the transfer:
aIs suspended until the condition becomes lawful
bIs voidable at the option of Y
cIs valid, and only the condition is ignored
dFails, by virtue of Section 25 of the Transfer of Property Act, 1882
Answer: D
Under Section 25, an interest dependent on a condition fails where the condition is impossible, forbidden by law, fraudulent, injurious to person or property of another, or immoral/opposed to public policy.
Which of the following is NOT among the things declared non-transferable under Section 6 of the Transfer of Property Act, 1882?
aA mere right to sue
bA mere right of re-entry for breach of a condition subsequent
cThe chance of an heir-apparent succeeding to an estate (spes successionis)
dAn actionable claim
Answer: D
Section 6 bars transfer of spes successionis [6(a)], a right of re-entry [6(b)], an easement apart from the dominant heritage [6(c)], and a mere right to sue [6(e)], among others. An actionable claim is freely transferable under Sections 130-137 and is not within the Section 6 bar.
Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and he afterwards acquires an interest in that property, the transfer shall, under Section 43 of the Transfer of Property Act, 1882:
aOperate automatically and irrespective of the wishes of the transferee
bAt the option of the transferee, operate on the interest which the transferor subsequently acquires while the contract of transfer subsists
cBind the transferor only if the original transfer was registered
dBe void ab initio and confer no interest on the transferee
Answer: B
Section 43 embodies the doctrine of feeding the grant by estoppel: the later-acquired interest enures, at the transferee's option, to the transferee, subject to the protection of bona fide transferees for value without notice.
On the determination of the period limited for instituting a suit for possession of any property, Section 27 of the Limitation Act, 1963 provides that the person's right to such property shall be:
aMerely barred as a remedy but the right survives
bRevived if the possessor acknowledges the title
cExtinguished
dSuspended until a fresh cause of action accrues
Answer: C
Section 27 is an exception to the general rule that limitation bars only the remedy; it extinguishes the very right to property for which a possession suit was time-barred, forming the basis of adverse possession.
Article 65 of the Schedule to the Limitation Act, 1963, governing a suit for possession of immovable property based on title, prescribes a period of:
aTwelve years from the date the possession of the defendant becomes adverse to the plaintiff
bSix years from the date of knowledge of dispossession
cThree years from dispossession
dThirty years from the date of the title deed
Answer: A
Article 65 provides twelve years for a possession suit based on title, the time running from when the defendant's possession becomes adverse to the plaintiff.
Where no specific period of limitation is provided elsewhere in the Schedule, the residuary Article applicable to a suit is Article 113, which prescribes a period of:
aTwelve years from the right to sue
bThree years from the date the right to sue accrues
cSix years from the right to sue
dOne year from the right to sue
Answer: B
Article 113 is the residuary article for suits not otherwise provided for, prescribing three years computed from when the right to sue accrues (the corresponding residuary article for applications is Article 137, also three years).
Under the Limitation Act, 1963, the power of a court to admit an appeal or application after the prescribed period on proof of 'sufficient cause' is contained in:
aSection 14
bSection 4
cSection 3
dSection 5
Answer: D
Section 5 permits condonation of delay in appeals and applications (other than under Order XXI CPC) on sufficient cause; it does not apply to suits.
A suit instituted after the period of limitation prescribed in the Schedule shall be dismissed although limitation has not been set up as a defence. This mandate is found in:
aSection 2
bSection 9
cSection 3
dSection 27
Answer: C
Section 3 makes the bar of limitation mandatory: a court must dismiss a time-barred suit even where limitation is not pleaded.
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, it may be instituted on the day the court reopens. This relief is provided by:
aSection 15
bSection 12
cSection 4
dSection 5
Answer: C
Section 4 allows filing on the reopening day where the limitation period ends on a day the court is closed during any part of its normal working hours.
Under Section 6 of the Limitation Act, 1963, a person entitled to institute a suit who is, at the time the period is to be reckoned, under disability, gets an extension. Which of the following is NOT a recognised disability under Section 6?
aIdiocy
bMinority
cInsanity
dPoverty
Answer: D
Section 6 recognises only minority, insanity and idiocy as legal disabilities; poverty is not a disability for this purpose.
Section 9 of the Limitation Act, 1963 embodies the principle that:
aDelay in appeals may be condoned for sufficient cause
bOnce time has begun to run, no subsequent disability or inability to sue stops it
cA fresh period runs from every acknowledgment
dTime requisite for obtaining a copy of the decree is excluded
Answer: B
Section 9 lays down that where time has once begun to run, no subsequent disability or inability to institute a suit or make an application stops it (subject to its proviso).
In computing the period of limitation for an appeal, the day from which the period is to be reckoned and the time requisite for obtaining a copy of the decree or order appealed from are excluded. This is provided in:
aSection 14
bSection 17
cSection 12
dSection 13
Answer: C
Section 12 excludes the day from which the period runs and the time requisite for obtaining the copy of the decree, sentence or order appealed from.
A perpetual injunction under Section 38(3) of the Specific Relief Act, 1963 may be granted to prevent the invasion of the plaintiff's right to property where:
aThe plaintiff has acquiesced in the invasion
bEqually efficacious relief can be obtained by another usual mode of proceeding
cThere exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion
dThe invasion is a trifling one
Answer: C
Section 38(3)(b) allows a perpetual injunction where no standard exists for ascertaining the actual damage caused by the invasion; the other situations actually bar injunctions.
Temporary injunctions, which are to continue until a specified time or further order of the court, are regulated under Section 37 of the Specific Relief Act, 1963 by:
aThe Indian Contract Act, 1872
bThe Limitation Act, 1963
cThe Code of Civil Procedure, 1908
dThe Transfer of Property Act, 1882
Answer: C
Section 37(1) provides that temporary injunctions are regulated by the Code of Civil Procedure, 1908 (Order XXXIX), while perpetual injunctions are granted by the decree at the hearing.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property otherwise than in due course of law must be brought:
aWithin six months from the date of dispossession, and not against the Government
bWithin one year from the date of dispossession, and may lie against the Government
cWithin twelve years from the date of dispossession
dWithin three years from the date of dispossession, and only against a private person
Answer: A
Section 6(2) bars any suit under that section after the expiry of six months from the date of dispossession or against the Government.
Under Section 14 of the Specific Relief Act, 1963, a contract the performance of which involves the performance of a continuous duty which the court cannot supervise is:
aSpecifically enforceable with the leave of the court
bNot specifically enforceable
cSpecifically enforceable only against a trustee
dEnforceable only by way of mandatory injunction
Answer: B
Section 14(d) bars specific enforcement of a contract whose performance involves a continuous duty the court cannot supervise.
Under the Indian Stamp Act, 1899 as applicable in the State of Himachal Pradesh, all instruments chargeable with duty and executed by any person in India shall be stamped:
aBefore or at the time of execution
bWithin thirty days from the date of execution
cAt any time before the instrument is produced in evidence
dWithin three months from the date of execution
Answer: A
Section 17 of the Indian Stamp Act, 1899 requires that all instruments chargeable with duty and executed by any person in India be stamped before or at the time of execution.
An instrument chargeable with duty, executed only out of India and not being a bill of exchange or promissory note, may be stamped after it has been first received in India:
aWithin three months
bWithin one month
cWithin forty-five days
dWithin six months
Answer: A
Section 18 of the Indian Stamp Act, 1899 permits such an instrument to be stamped within three months after it has been first received in India.
In the absence of an agreement to the contrary, the expense of providing the proper stamp on a conveyance (including a reconveyance of mortgaged property) shall, under Section 29 of the Indian Stamp Act, 1899, be borne by:
aThe grantee
bThe grantor
cEqually by the grantor and the grantee
dThe registering authority
Answer: A
Section 29(c) of the Act provides that in the case of a conveyance, including a reconveyance of mortgaged property, the duty is payable by the grantee.
Under Section 29 of the Indian Stamp Act, 1899, in the absence of an agreement to the contrary, the duty on a counterpart of a lease is payable by:
aThe lessee
bThe intended lessee
cThe lessor
dThe Collector
Answer: C
While the duty on a lease or agreement to lease is borne by the lessee or intended lessee, Section 29(d) provides that the duty on a counterpart of a lease is payable by the lessor.
Which of the following falls within the definition of a 'bond' under Section 2(5) of the Indian Stamp Act, 1899 as applicable in Himachal Pradesh?
aAny instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed or not performed
bAny instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another
cAll of the above
dAny instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another
Answer: C
Section 2(5) defines 'bond' to include all three categories: the conditional money obligation, the attested money obligation not payable to order or bearer, and the attested obligation to deliver grain or other agricultural produce.
For an offence under Section 138 of the Negotiable Instruments Act, 1881 to be constituted, the payee or holder in due course must make a demand for payment of the cheque amount by giving notice in writing to the drawer within:
afifteen days of the receipt of information from the bank regarding return of the cheque as unpaid
bforty-five days of the receipt of information from the bank regarding return of the cheque as unpaid
cone month of the receipt of information from the bank regarding return of the cheque as unpaid
dthirty days of the receipt of information from the bank regarding return of the cheque as unpaid
Answer: D
Proviso (b) to Section 138 requires the payee/holder in due course to make a demand by giving notice in writing within thirty days of receiving information from the bank about the dishonour (raised from fifteen to thirty days by the 2002 Amendment).
After the drawer receives the demand notice under Section 138, the offence is complete only if the drawer fails to make payment of the cheque amount within:
aseven days of the receipt of the said notice
bthirty days of the receipt of the said notice
cfifteen days of the receipt of the said notice
done month of the receipt of the said notice
Answer: C
Proviso (c) to Section 138 provides that the drawer must pay the amount within fifteen days of the receipt of the notice; failure to do so completes the offence and the cause of action arises.
A person who commits an offence under Section 138 of the Negotiable Instruments Act, 1881 is punishable with:
aimprisonment which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both
bimprisonment which may extend to three years, or with fine which may extend to the amount of the cheque, or with both
cimprisonment which may extend to two years and fine which shall not be less than the amount of the cheque
dimprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
Answer: D
Section 138 prescribes imprisonment up to two years (enhanced from one year by the 2002 Amendment), or fine up to twice the amount of the cheque, or both.
Under proviso (a) to Section 138, the cheque must have been presented to the bank within a period of ____ from the date on which it is drawn or within the period of its validity, whichever is earlier:
athree months
bone month
cone year
dsix months
Answer: D
Proviso (a) to Section 138 originally required presentment within six months; though banks now treat cheques as valid for three months by RBI direction, the statutory text of Section 138 continues to read 'six months'.
Section 139 of the Negotiable Instruments Act, 1881 raises a presumption that the holder of a cheque received it:
awithout consideration, which the holder must positively prove
bfor safe custody only, unless endorsed otherwise
cas a gift, until the contrary is proved
dfor the discharge, in whole or in part, of any debt or other liability, until the contrary is proved
Answer: D
Section 139 creates a rebuttable presumption that the holder received the cheque for the discharge, in whole or in part, of a debt or other liability; the burden of rebutting it lies on the accused drawer.
Under Section 2 of the H.P. Excise Act, 2011, the expression "denatured" has been defined to mean any spirit which has been:
aColoured or flavoured so as to distinguish it from country liquor
bTemporarily rendered unfit for human consumption
cRendered unfit for industrial use but fit for medicinal use
dEffectually and permanently rendered unfit for human consumption
Answer: D
Section 2(e) defines "denatured" as effectually and permanently rendered unfit for human consumption. Section 40 separately penalises rendering such denatured spirit fit for human consumption.
Under the H.P. Excise Act, 2011, the "Financial Commissioner" referred to in the Act means:
aAny Collector appointed under sub-section (2) of Section 5
bThe Financial Commissioner (Revenue) of the State
cThe Excise and Taxation Commissioner appointed under sub-section (1) of Section 5
dThe Principal Secretary (Finance) to the State Government
Answer: C
Section 2(k) defines "Financial Commissioner" as the Excise and Taxation Commissioner appointed under Section 5(1), in whom the general superintendence and administration of all excise matters vests.
With reference to the definition of "spirit" under Section 2 of the H.P. Excise Act, 2011, which of the following statements is correct?
aSpirit means any liquor containing alcohol obtained by distillation, whether denatured or not
bSpirit excludes any liquor which has been denatured
cSpirit means only such alcohol as is rendered fit for human consumption
dSpirit means liquor containing alcohol obtained only by fermentation
Answer: A
Section 2(z) defines "spirit" as any liquor containing alcohol obtained by distillation, whether denatured or not; the definition expressly includes denatured spirit.
Under the H.P. Excise Act, 2011, the general superintendence and administration of all matters relating to excise vests in the Financial Commissioner subject to the control of:
aThe Excise Officer in-charge of the district
bThe State Government
cThe Collector of the district concerned
dThe High Court of Himachal Pradesh
Answer: B
Under Section 5(1), the Excise and Taxation Commissioner exercises the powers of Financial Commissioner and, subject to the control of the State Government, the general superintendence and administration of all excise matters vests in him.
Within the hierarchy of excise administration under the H.P. Excise Act, 2011, the Collector controls all other Excise Officers within his jurisdiction, subject to the control of:
aThe State Government directly
bThe District Magistrate
cThe Financial Commissioner
dThe Sub-Divisional Magistrate concerned
Answer: C
Under Section 5(2), Collectors discharge the functions of Collector in a specified area and, subject to the control of the Financial Commissioner, control all other Excise Officers within their jurisdiction.
No court shall take cognizance of any offence against the Wild Life (Protection) Act, 1972 except on the complaint of the persons specified in Section 55. Such a court shall not be inferior to that of a:
aExecutive Magistrate
bMetropolitan Magistrate or Judicial Magistrate of the first class
cCourt of Session
dMagistrate of the second class
Answer: B
Section 55 provides that no court shall take cognizance of an offence under the Act except on a complaint by the prescribed authorities, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence.
Under Section 11 of the Wild Life (Protection) Act, 1972, who is empowered to permit, by order in writing stating reasons, the hunting of a wild animal specified in Schedule I that has become dangerous to human life or is so disabled or diseased as to be beyond recovery?
aThe Chief Wild Life Warden
bThe Collector of the district
cThe Central Government
dThe Station House Officer of the local police
Answer: A
Section 11(1)(a) empowers the Chief Wild Life Warden, if satisfied that a Schedule I animal has become dangerous to human life or is so disabled/diseased as to be beyond recovery, to permit its hunting by order in writing stating the reasons.
Section 38A of the Wild Life (Protection) Act, 1972 provides for the constitution of which one of the following bodies?
aThe National Board for Wild Life
bThe National Tiger Conservation Authority
cThe Wildlife Crime Control Bureau
dThe Central Zoo Authority
Answer: D
Section 38A provides for the constitution of the Central Zoo Authority, consisting of a Chairperson, members and a Member-Secretary, to oversee the functioning and recognition of zoos.
Under the Wild Life (Protection) Act, 1972, 'wild animal' as defined in Section 2(36) means:
aAny animal which is not a domestic animal, whether or not specified in any Schedule
bOnly those animals specified in Schedule I
cAny animal found in a zoo or kept in captivity
dAny animal specified in Schedules I to IV and found wild in nature
Answer: D
Section 2(36) defines 'wild animal' as any animal specified in Schedules I to IV (under the pre-2022 scheme) and found wild in nature. The classification by Schedule determines the degree of protection and penalty.
Under Section 30(b) of the Indian Forest Act, 1927, the State Government may by notification close a portion of a protected forest for a term not exceeding:
aThirty years
bTwenty years
cTen years
dNinety-nine years
Answer: A
Section 30(b) permits the State Government to declare a specified portion of a protected forest closed for a term not exceeding thirty years, suspending private rights over that portion, provided the remainder is sufficient and conveniently located.
Under Section 5 of the Indian Forest Act, 1927, the bar on accrual of forest-rights operates after the issue of a notification under:
aSection 29
bSection 3
cSection 20
dSection 4
Answer: D
Section 5 provides that after issue of a notification under Section 4 (the notification of intention to constitute a reserved forest), no right shall be acquired in or over the land except by succession or under a grant or contract in writing.
Under Section 79 of the Indian Forest Act, 1927, a person bound to assist Forest-officers who, without lawful excuse, fails to furnish information or to help extinguish a forest fire shall be punishable with imprisonment which may extend to:
aOne month, or fine up to two hundred rupees, or both
bThree months, or fine up to five hundred rupees, or both
cOne year, or fine up to two thousand rupees, or both
dSix months, or fine up to one thousand rupees, or both
Answer: A
Section 79(2) prescribes imprisonment up to one month, or fine up to two hundred rupees, or both, for failure by a person bound under sub-section (1) to render the required assistance, the burden of proving lawful excuse lying on that person.
Under Section 33 of the Indian Forest Act, 1927, the penalty for contravening a notification under Section 30 or rules under Section 32 in a protected forest is imprisonment which may extend to:
aSix months, or fine up to five hundred rupees, or both
bThree months, or fine up to two hundred rupees, or both
cOne year, or fine up to one thousand rupees, or both
dTwo years and fine, mandatorily
Answer: A
Section 33(1) prescribes imprisonment up to six months, or fine up to five hundred rupees, or both, for the offences listed (such as felling reserved trees or breaking up land contrary to a Section 30 prohibition).
When the High Court or the District Judge assigns to an Additional District Judge any of the functions of the District Judge under the Himachal Pradesh Courts Act, 1976, such assignment:
aExcludes the function of receiving and registering cases
bIs confined only to the functions of receiving and registering cases
cMay include the functions of receiving and registering cases and appeals
dCan never include the functions of receiving and registering new appeals
Answer: C
The High Court or the District Judge may assign to an Additional District Judge any of the functions of the District Judge, including the functions of receiving and registering cases and appeals.
Under Section 14 of the Himachal Pradesh Courts Act, 1976, the High Court may by general or special order authorise a Subordinate Judge to take cognizance of proceedings under which of the following enactments?
aThe Indian Succession Act, 1925
bAll of the above
cThe Provincial Insolvency Act, 1920
dThe Guardians and Wards Act, 1890
Answer: B
Section 14 empowers the High Court to authorise a Subordinate Judge to take cognizance of proceedings under enactments such as the Indian Succession Act, the Guardians and Wards Act and the Provincial Insolvency Act, with the District Judge transferring such proceedings to him.
A person who fails to report the commission of an offence under sub-section (1) of Section 19 of the POCSO Act, 2012 shall be punished under Section 21 with imprisonment which may extend to:
aTwo years, or with fine, or with both
bThree years and fine
cOne year and fine
dSix months, or with fine, or with both
Answer: D
Section 21(1) punishes failure to report or record an offence with imprisonment extending to six months, or fine, or both; a person in charge of a company or institution who so fails faces imprisonment up to one year under Section 21(2).
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
