Himachal Pradesh Judiciary Mock Test 8 — Questions & Solutions
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Under Order IX, Rule 13 of the Code of Civil Procedure, 1908, where a decree is passed ex parte against a defendant, he may apply to the Court to set it aside on the ground that:
aThe decree is erroneous on the merits
bThe summons was not duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing
cThe plaintiff's claim was inflated
dA second judge would have decided differently
Answer: B
Order IX Rule 13 permits setting aside an ex parte decree where the defendant satisfies the Court that the summons was not duly served, or that he was prevented by sufficient cause from appearing.
The principle that a plaintiff who omits to sue in respect of, or intentionally relinquishes, any portion of his claim shall not afterwards sue in respect of the portion so omitted or relinquished is contained in:
aOrder II, Rule 2 of the Code of Civil Procedure, 1908
bOrder VI, Rule 2 of the Code of Civil Procedure, 1908
cOrder I, Rule 1 of the Code of Civil Procedure, 1908
dOrder VIII, Rule 2 of the Code of Civil Procedure, 1908
Answer: A
Order II Rule 2 requires every suit to include the whole of the claim arising from the cause of action; relinquished portions cannot be sued upon later.
A temporary injunction may be granted by the Court under the Code of Civil Procedure, 1908 to restrain a defendant from disposing of property where the property in dispute is in danger of being wasted, damaged or alienated. This provision is found in:
aOrder XXVI, Rule 9
bOrder XL, Rule 1
cOrder XXXIX, Rule 1
dOrder XXXVIII, Rule 5
Answer: C
Order XXXIX Rule 1 empowers the Court to grant a temporary injunction where property in dispute is in danger of being wasted, damaged or alienated, or wrongfully sold in execution.
Under Order XXIII, Rule 1 of the Code of Civil Procedure, 1908, where a plaintiff withdraws from a suit without the permission of the Court to institute a fresh suit, he shall:
aBe permitted to file a fresh suit within thirty days
bBe liable only to pay costs but may sue afresh
cBe precluded from instituting any fresh suit in respect of the same subject-matter
dBe entitled to file a fresh suit as of right
Answer: C
Order XXIII Rule 1(4) provides that a plaintiff who abandons or withdraws a suit without leave to file afresh is precluded from instituting a fresh suit on the same subject-matter and remains liable for costs.
Under the Code of Civil Procedure, 1908, the principle of constructive res judicata — that a matter which might and ought to have been made a ground of defence or attack in a former suit shall be deemed to have been a matter directly and substantially in issue — is contained in:
aExplanation VIII to Section 11
bExplanation IV to Section 11
cExplanation VI to Section 11
dExplanation III to Section 11
Answer: B
Explanation IV to Section 11 embodies the doctrine of constructive res judicata, treating a ground which might and ought to have been raised but was not as having been directly and substantially in issue.
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 if the High Court is satisfied that the case involves:
aA substantial question of law
bA mixed question of law and fact
cAn error of fact apparent on the record
dAny question of law or fact occasioning failure of justice
Answer: A
Section 100, as amended in 1976, confines the second appeal to cases involving a substantial question of law, which the High Court must formulate; the appeal is then heard on the question so formulated.
Under Section 96(4) of the Code of Civil Procedure, 1908, in a suit of the nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees, an appeal from the decree lies:
aOn a question of fact only
bOn both questions of law and fact
cOn a question of law only
dNo appeal lies in any circumstance
Answer: C
Section 96(4) bars first appeals in small-cause-nature suits of value not exceeding ten thousand rupees except on a question of law.
Where it appears to the court that there exist elements of a settlement, Section 89 of the Code of Civil Procedure, 1908 empowers the court to refer the dispute for settlement by which of the following modes?
aArbitration and conciliation only
bReference to a commission under Order XXVI only
cMediation and Lok Adalat only
dArbitration, conciliation, judicial settlement including Lok Adalat, or mediation
Answer: D
Section 89(1) lists four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement (including settlement through Lok Adalat) and mediation.
Assertion (A): A foreign judgment which has not been given on the merits of the case is not conclusive between the parties under the Code of Civil Procedure, 1908. Reason (R): Section 13 declares a foreign judgment conclusive only where, inter alia, it has been pronounced by a court of competent jurisdiction and given on the merits of the case. 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 13(b) provides that a foreign judgment not given on the merits is not conclusive; thus R correctly explains the conclusion drawn in A.
Under the Code of Civil Procedure, 1908, the inherent powers of the court saved by Section 151:
aAre exercisable only by the High Court
bConfer fresh substantive jurisdiction not otherwise vested in the court
cOverride express provisions of the Code where justice so requires
dMay be exercised to make orders necessary for the ends of justice or to prevent abuse of the process of the court
Answer: D
Section 151 merely saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of process; it neither confers new jurisdiction nor overrides express provisions of the Code.
Match List I (provision of the Code of Civil Procedure, 1908) with List II (subject-matter) and choose the correct answer:
List I: (1) Order XXXII (2) Order XXXIII (3) Order XXXV (4) Order XL
List II: (i) Appointment of receiver (ii) Interpleader suit (iii) Suit by or against a minor (iv) Suit by an indigent person
a1-(iv), 2-(iii), 3-(i), 4-(ii)
b1-(ii), 2-(iv), 3-(iii), 4-(i)
c1-(iii), 2-(iv), 3-(ii), 4-(i)
d1-(iii), 2-(ii), 3-(iv), 4-(i)
Answer: C
Order XXXII deals with suits by or against minors, Order XXXIII with suits by indigent persons, Order XXXV with interpleader suits, and Order XL with appointment of a receiver.
Under Section 64 of the Code of Civil Procedure, 1908, where property has been attached, a private transfer or delivery of that property contrary to such attachment shall be:
aValid but subject to the attachment
bValid if made for consideration and in good faith
cVoidable at the option of the decree-holder
dVoid as against all claims enforceable under the attachment
Answer: D
Section 64(1) renders a private alienation of attached property void as against all claims enforceable under the attachment, subject to the exception in sub-section (2) for transfers under a registered contract entered into before the attachment.
Under the proviso to Section 80 of the Code of Civil Procedure, 1908, a suit against the Government or a public officer may be instituted without the two months' prior notice, with the leave of the court, where:
aThe plaintiff seeks money compensation exceeding one lakh rupees
bThe defendant is the President or a Governor
cUrgent or immediate relief is sought against the Government or public officer
dThe cause of action arose outside the local limits of the court's jurisdiction
Answer: C
The proviso to Section 80(2), inserted by the 1976 Amendment, permits a suit seeking urgent or immediate relief to be filed with the leave of the court without prior notice, though no relief is to be granted without giving the Government or officer a reasonable opportunity.
Under Section 10 of the Code of Civil Procedure, 1908 (res sub judice), the previously instituted suit which bars the trial of a later suit must be pending in:
aA court of the same district only
bA court in India having jurisdiction to grant the relief claimed, or a court beyond the limits of India established by the Central Government
cAny court, including a foreign court of competent jurisdiction
dThe High Court or the Supreme Court only
Answer: B
The Explanation to Section 10 makes clear that the pendency of a suit in a foreign court (other than one established by the Central Government beyond India) does not preclude the Indian court from trying the later suit.
The power of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised a jurisdiction not vested in it or failed to exercise a jurisdiction so vested, is contained in:
aSection 115
bSection 96
cSection 151
dSection 100
Answer: A
Section 115 is the revisional power of the High Court, exercisable on grounds of jurisdictional error where no appeal lies to the High Court.
Under Section 24 of the Code of Civil Procedure, 1908, the power of general transfer and withdrawal of suits, appeals and other proceedings may be exercised by:
aThe Supreme Court only
bThe High Court only
cAny court trying the suit, suo motu
dThe High Court or the District Court
Answer: D
Section 24 empowers both the High Court and the District Court, on application of a party or of its own motion, to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court.
Under Section 60 of the Code of Civil Procedure, 1908, an agreement by which a judgment-debtor agrees to waive the benefit of the exemptions from attachment provided in the proviso to that section is:
aValid and binding on the judgment-debtor
bVoid
cValid only if reduced to a registered instrument
dVoidable at the option of the decree-holder
Answer: B
Explanation to the proviso to Section 60(1) declares that any agreement to waive the statutory exemptions from attachment is void, as the exemptions are conferred in the public interest.
Under the Code of Civil Procedure, 1908, the distinction between a 'decree' and an 'order' is best described as:
aA decree arises out of a plaint and conclusively determines the rights of parties regarding the matters in controversy, whereas an order is a formal expression of any decision which is not a decree
bA decree is always appealable whereas an order is never appealable
cA decree need not be in writing whereas an order must always be in writing
dAn order can be passed only by the High Court whereas a decree can be passed by any court
Answer: A
Section 2(2) defines a decree as the formal expression of an adjudication conclusively determining the rights of parties in controversy, while Section 2(14) defines an order as a formal expression of any decision of a civil court which is not a decree.
Under Section 2(2) of the Code of Civil Procedure, 1908, a "decree" includes which of the following?
aAny adjudication from which an appeal lies as an appeal from an order
bAn order of dismissal for default
cAny order passed in execution proceedings affecting the rights of the parties
dThe rejection of a plaint and the determination of any question within Section 144
Answer: D
Section 2(2) expressly includes the rejection of a plaint and the determination of any question within Section 144 in the meaning of "decree", while expressly excluding any adjudication appealable as an order and any order of dismissal for default.
Under the Bharatiya Nyaya Sanhita, 2023, criminal breach of trust is made punishable with imprisonment of either description for a term which may extend to:
aThree years
bTwo years
cFive years
dSeven years
Answer: C
Section 316(2) BNS prescribes imprisonment up to five years, or fine, or both, for ordinary criminal breach of trust, carrying forward the punishment under Section 406 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voyeurism against a woman is dealt with under:
aSection 79
bSection 77
cSection 75
dSection 351
Answer: B
Section 77 BNS penalises voyeurism, punishable on first conviction with imprisonment of not less than one year extending to three years; Section 79 deals with words or gestures intended to insult the modesty of a woman.
Assertion (A): Under the Bharatiya Nyaya Sanhita, 2023, anything done in the exercise of the right of private defence is not an offence.
Reason (R): The right of private defence extends, in certain circumstances, even to the voluntary causing of death of the assailant.
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: A
Section 34 BNS declares acts in private defence not to be an offence, and Section 38 permits causing death in specified situations; both statements are true, but R states a separate extent-rule rather than explaining the general exemption in A.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of rape is defined in Section 63, and the ordinary punishment for rape under Section 64 is rigorous imprisonment for a term which shall not be less than:
aTen years
bFive years
cSeven years
dThree years
Answer: A
Section 64 BNS prescribes rigorous imprisonment of not less than ten years, extendable to imprisonment for life, with fine, for the offence of rape defined in Section 63.
A man has sexual intercourse with a woman by deceitfully making a false promise of marriage, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, this conduct is specifically punishable under:
aSection 69
bSection 318
cSection 63
dSection 64
Answer: A
Section 69 BNS is a newly inserted provision punishing sexual intercourse obtained by deceitful means, including a false promise of marriage, with imprisonment up to ten years and fine.
Whoever commits murder shall, under the Bharatiya Nyaya Sanhita, 2023, be punished with death or imprisonment for life and shall also be liable to fine. This punishment is prescribed under:
aSection 105
bSection 103(1)
cSection 101
dSection 109
Answer: B
Section 103(1) of the BNS, 2023 prescribes death or imprisonment for life, with fine, as the punishment for murder, while Section 101 defines when culpable homicide is murder.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits 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 punishable under:
aSection 103(2)
bSection 117(4)
cSection 101(2)
dSection 190
Answer: A
Section 103(2) of the BNS, 2023 is the new 'mob lynching' provision, punishing each member of a group of five or more who commits such murder with death or imprisonment for life or a term of not less than seven years, and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the maximum imprisonment for causing death by a rash or negligent act not amounting to culpable homicide (Section 106(1)) is:
aSeven years
bFive years
cTwo years
dThree years
Answer: B
Section 106(1) of the BNS, 2023 enhances the maximum punishment for causing death by a rash or negligent act from two years (under the old Section 304A IPC) to five years and fine.
The new offence introduced by the Bharatiya Nyaya Sanhita, 2023, that penalises acts of secession, armed rebellion, subversive activities, or encouraging feelings of separatist activities endangering the sovereignty, unity and integrity of India is contained in:
aSection 147
bSection 150
cSection 152
dSection 197
Answer: C
Section 152 of the BNS, 2023 replaces the offence of sedition and penalises acts endangering the sovereignty, unity and integrity of India, with a minimum sentence enhanced to seven years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' — a newly carved-out form of theft where the offender suddenly, quickly or forcibly seizes or grabs movable property — is provided in:
aSection 309
bSection 312
cSection 303
dSection 304
Answer: D
Section 304 of the BNS, 2023 is a wholly new provision defining and punishing 'snatching', punishable with imprisonment up to three years and fine; theft itself is dealt with under Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dacoity requires that the persons conjointly committing or attempting the robbery, together with those present and aiding, amount to:
aSeven or more
bThree or more
cFour or more
dFive or more
Answer: D
Section 310 of the BNS, 2023 retains the requirement of five or more persons for dacoity, punishable with imprisonment for life or rigorous imprisonment up to ten years and fine.
Under the general exceptions of the Bharatiya Nyaya Sanhita, 2023, the act of a child below seven years of age is dealt with under:
aSection 21
bSection 20
cSection 22
dSection 19
Answer: B
Section 20 of the BNS, 2023 provides that nothing is an offence which is done by a child under seven years of age (doli incapax); Section 21 deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act. This general exception is contained in:
aSection 21
bSection 22
cSection 20
dSection 23
Answer: B
Section 22 of the BNS, 2023 codifies the defence of unsoundness of mind (the McNaughten rule), corresponding to the erstwhile Section 84 IPC.
How many kinds of hurt are designated as 'grievous hurt' under Section 116 of the Bharatiya Nyaya Sanhita, 2023?
aNine
bSeven
cSix
dEight
Answer: D
Section 116 of the BNS, 2023 enumerates eight kinds of grievous hurt, including emasculation, permanent privation of sight or hearing, fracture or dislocation of a bone or tooth, and hurt endangering life or causing severe pain for fifteen days.
Under the Bharatiya Nyaya Sanhita, 2023, 'criminal conspiracy' is defined in:
aSection 61
bSection 62
cSection 120
dSection 45
Answer: A
Section 61 of the BNS, 2023 defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means.
Whoever attempts to commit suicide with intent to compel or restrain any public servant from discharging his official duty is, under the Bharatiya Nyaya Sanhita, 2023, punishable under:
aSection 351
bSection 224
cSection 226
dSection 309
Answer: C
Section 226 of the BNS, 2023 is a new provision punishing attempt to commit suicide to compel or restrain the exercise of a public servant's lawful power, with simple imprisonment up to one year, fine, community service, or both.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision relating to the mercy petition in death sentence cases, prescribing the timelines within which a convict under sentence of death may submit a petition for mercy, is contained in:
aSection 472
bSection 454
cSection 413
dSection 433
Answer: A
Section 472 BNSS is a new provision dealing with mercy petitions of convicts under sentence of death, prescribing specific timelines (30/60 days) for submission of such petitions.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence relating to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 is in its nature:
aCognizable and bailable
bCognizable and non-bailable
cNon-cognizable and bailable
dNon-cognizable and non-bailable
Answer: C
Section 138 NI Act is a non-cognizable, bailable and compoundable offence; cognizance is taken only on a written complaint by the payee or holder in due course, and not on a police report.
Assertion (A): Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the fifteen-day period of police custody need not be availed in one continuous spell.
Reason (R): Section 187 BNSS permits the police-custody quota to be sought in parts (split custody) within the statutory window of forty or sixty days of investigation.
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 true, but R is false
dBoth A and R are false
Answer: A
Section 187 BNSS introduced the concept of split custody, allowing the fifteen-day police-custody allowance to be taken in non-consecutive periods within the 40/60-day investigation window; R is the reason A is true and correctly explains it.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a police officer to require attendance of a person by issuing a notice (in lieu of arrest), the non-compliance of which may render him liable to arrest, replacing Section 41A of the old CrPC, is found in:
aSection 58
bSection 35(3)
cSection 35(7)
dSection 41(1)
Answer: B
Section 35(3) BNSS (corresponding to Section 41A of the old CrPC) empowers a police officer to issue a notice directing a person to attend; the Supreme Court has reiterated that such notice is the rule and arrest the exception for offences punishable up to seven years.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which a Magistrate may authorise the detention of an accused person in police custody (under Section 187) in the whole is:
aSeven days
bSixty days
cNinety days
dFifteen days
Answer: D
Under Section 187 BNSS the maximum aggregate police custody a Magistrate may authorise is fifteen days in the whole; detention thereafter up to the 60/90-day limit must be in judicial custody.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the report of a police officer on completion of investigation (the "police report", formerly the charge-sheet under Section 173 of the Code of Criminal Procedure, 1973) is now to be submitted under which Section?
aSection 180
bSection 190
cSection 193
dSection 173
Answer: C
Section 193 of the BNSS, 2023 deals with the report of a police officer on completion of investigation; it corresponds to Section 173 of the old CrPC, 1973.
Information relating to the commission of a cognizable offence given to an officer in charge of a police station (the First Information Report) is recorded under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 154
bSection 175
cSection 176
dSection 173
Answer: D
Under the BNSS, 2023, the FIR in cognizable cases is recorded under Section 173 (which replaced Section 154 of the CrPC, 1973); information may be given orally or by electronic communication.
Under Section 40 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a private person who arrests another whom he sees committing a non-bailable and cognizable offence must, without unnecessary delay, make over the arrested person to a police officer within:
aTwenty-four hours from the arrest
bForty-eight hours from the arrest
cTwelve hours from the arrest
dSix hours from the arrest
Answer: D
Section 40 of the BNSS, 2023 newly fixes an outer limit of six hours within which a private person who effects an arrest must hand over the arrested person to a police officer.
An order for the maintenance of wives, children and parents (formerly Section 125 of the Code of Criminal Procedure, 1973) is now passed by a Magistrate under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 146
bSection 125
cSection 152
dSection 144
Answer: D
Section 144 of the BNSS, 2023 empowers a Magistrate to order maintenance of wives, children and parents; it corresponds to Section 125 of the CrPC, 1973.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining is to be filed by the accused within a period of:
aSixty days from the date of framing of charge
bThirty days from the date of framing of charge
cThirty days from the date of taking cognizance
dFifteen days from the date of filing of the police report
Answer: B
Section 290 of the BNSS, 2023 prescribes that the application for plea bargaining shall be filed within thirty days from the date of framing of the charge.
Confessions and statements during the course of investigation are recorded by a Magistrate under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 164 of the Code of Criminal Procedure, 1973)?
aSection 185
bSection 183
cSection 181
dSection 180
Answer: B
Section 183 of the BNSS, 2023 governs the recording of confessions and statements by a Magistrate; it replaces Section 164 of the CrPC, 1973.
Which of the following statements regarding the definition of a "warrant-case" under Section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is NOT correct?
aAn offence punishable with death is a warrant-case
bAn offence punishable with imprisonment for life is a warrant-case
cAn offence punishable with imprisonment for a term of exactly two years is a warrant-case
dAn offence punishable with imprisonment for a term exceeding two years is a warrant-case
Answer: C
Under Section 2 of the BNSS, 2023 a warrant-case means an offence punishable with death, life imprisonment, or imprisonment exceeding two years; an offence punishable with exactly two years is a summons-case, so (d) is incorrect.
Under Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term not exceeding one year is:
aSix months
bOne year
cThree years
dTwo years
Answer: B
Section 514 of the BNSS, 2023 prescribes six months where the offence is punishable with fine only, one year where punishable up to one year's imprisonment, and three years where punishable with imprisonment exceeding one year.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a person accused of an offence is made a competent witness for the defence, and may give evidence on oath in disproof of the charges, under which Section?
aSection 315
bSection 355
cSection 351
dSection 353
Answer: D
Section 353 of the BNSS, 2023 makes an accused a competent witness for the defence, but only on his own request in writing; it corresponds to Section 315 of the CrPC, 1973.
The compounding of offences, with and without the permission of the court, is governed by which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 320 of the Code of Criminal Procedure, 1973)?
aSection 358
bSection 359
cSection 320
dSection 360
Answer: B
Section 359 of the BNSS, 2023 deals with the compounding of offences and corresponds to Section 320 of the CrPC, 1973; composition has the effect of an acquittal.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period for which a Magistrate may authorise detention of an accused, where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, is:
aSixty days
bForty-five days
cNinety days
dOne hundred twenty days
Answer: C
Section 187 of the BNSS, 2023 fixes the outer limit of detention at ninety days for offences punishable with death, life imprisonment, or imprisonment of ten years or more, and sixty days for any other offence.
Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question, that is, any question suggesting the answer which the person putting it wishes or expects to receive, is defined in:
aSection 146
bSection 143
cSection 141
dSection 142
Answer: D
Section 142 of the BSA, 2023 defines a leading question and regulates when it may be asked, corresponding to Section 141 of the Indian Evidence Act, 1872.
The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party (questions to one's own/hostile witness). Under the Bharatiya Sakshya Adhiniyam, 2023, this power is conferred by:
aSection 144
bSection 143
cSection 145
dSection 154
Answer: C
Section 145 of the BSA, 2023 empowers the Court to permit a party to cross-examine its own (hostile) witness, corresponding to Section 154 of the Indian Evidence Act, 1872.
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 provision is:
aSection 146
bSection 147
cSection 159
dSection 145
Answer: B
Section 147 of the BSA, 2023 allows a witness to refresh his memory from a contemporaneous writing, corresponding to Section 159 of the Indian Evidence Act, 1872.
When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed to deny the truth of that thing. Under the Bharatiya Sakshya Adhiniyam, 2023, this doctrine of estoppel is contained in:
aSection 121
bSection 115
cSection 123
dSection 119
Answer: A
Section 121 of the BSA, 2023 embodies the doctrine of estoppel, corresponding to Section 115 of the Indian Evidence Act, 1872.
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 rule (formerly Section 106 of the Indian Evidence Act) is enacted in:
aSection 109
bSection 111
cSection 106
dSection 104
Answer: A
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon him, corresponding to Section 106 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that 'no confession made to a police officer shall be proved as against a person accused of any offence' is contained in:
aSection 22
bSection 24
cSection 23(1)
dSection 25
Answer: C
Section 23(1) of the BSA bars proof of any confession made to a police officer against the accused, corresponding to the old Section 25 of the Indian Evidence Act, 1872.
A confession made by an accused while in the custody of a police officer is, under the Bharatiya Sakshya Adhiniyam, 2023, provable against him only if it is made:
aAfter the accused is informed of his right to silence
bVoluntarily, even outside any magisterial presence
cIn the immediate presence of a Magistrate
dIn the presence of two independent witnesses
Answer: C
Section 23(2) of the BSA bars a custodial confession unless it is made in the immediate presence of a Magistrate (BSA s.23(2) absorbs the old Sections 26 and 27 IEA scheme).
Where a fact is discovered in consequence of information received from an accused in police custody, so much of such information as relates distinctly to the fact discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 this 'doctrine of discovery' (Pulukuri Kottaya principle) finds place in:
aThe proviso to Section 23(2)
bSection 27 (unchanged numbering)
cSection 24
dSection 22
Answer: A
The discovery exception, earlier Section 27 of the Evidence Act, is retained in the proviso to Section 23(2) of the BSA; the section numbering has changed under the new Code.
Statements made by a person, since deceased, as to the cause of his death or as to the circumstances of the transaction which resulted in his death (dying declaration) are relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 60
bSection 22
cSection 26
dSection 32
Answer: C
Section 26 of the BSA covers statements of persons who cannot be called as witnesses, including dying declarations; it corresponds to Section 32 of the Indian Evidence Act, 1872.
A dying declaration recorded and found by the court to be true and voluntary:
aIs admissible only if reduced to writing by a Magistrate
bIs inadmissible unless the declarant survived to be cross-examined
cCan form the sole basis of conviction without corroboration
dIs a weak piece of evidence and always requires corroboration
Answer: C
Under Section 26 BSA, as under the law laid down in Khushal Rao v. State of Bombay, a dying declaration found truthful and voluntary needs no corroboration and may alone sustain a conviction.
When the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinion of persons specially skilled is relevant. Under the Bharatiya Sakshya Adhiniyam, 2023, this provision on expert opinion is:
aSection 47
bSection 39
cSection 45
dSection 51
Answer: B
Section 39 of the BSA deals with opinions of experts and, unlike old Section 45 of the Evidence Act, expressly extends to 'any other field' in addition to the listed subjects.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving that a person is alive, who has not been heard of for seven years by those who would naturally have heard of him, lies on:
aThe person who asserts that he is dead
bThe person who affirms that he is alive
cNo one, as the fact is presumed conclusively
dThe State in every case
Answer: B
Section 111 of the BSA (formerly Section 108 of the Evidence Act) shifts the burden of proving that a person not heard of for seven years is alive onto the person who affirms it.
Under the Bharatiya Sakshya Adhiniyam, 2023, when the question is whether a man is alive or dead and it is shown that he was alive within thirty years, the burden of proving that he is dead lies on:
aThe court of its own motion
bThe person who affirms that he is alive
cThe person who asserts that he is dead
dThe legal representatives of the man
Answer: C
Section 110 of the BSA presumes continuance of life within thirty years, placing the burden of proving death on the person who asserts it.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption that, where a woman commits suicide within seven years of marriage and had been subjected to cruelty by her husband or his relative, such suicide had been abetted by him, is contained in:
aSection 113A
bSection 119
cSection 118
dSection 117
Answer: D
Section 117 of the BSA carries forward old Section 113A of the Evidence Act, permitting the court to presume abetment of suicide by a married woman within seven years of marriage.
Under the Bharatiya Sakshya Adhiniyam, 2023, where it is shown that soon before her death a woman was subjected by a person to cruelty or harassment in connection with a demand for dowry, the court shall presume that such person caused the dowry death. This mandatory presumption is found in:
aSection 117
bSection 118
cSection 113B
dSection 120
Answer: B
Section 118 of the BSA (formerly Section 113B of the Evidence Act) directs the court to presume dowry death where cruelty for dowry is shown soon before the woman's death.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that 'no particular number of witnesses shall in any case be required for the proof of any fact' is contained in:
aSection 139
bSection 134
cSection 124
dSection 138
Answer: A
Section 139 of the BSA (formerly Section 134 of the Evidence Act) embodies the principle that evidence is to be weighed and not counted.
Under Section 28 of the Indian Contract Act, 1872, which of the following agreements is NOT rendered void?
aAn agreement which absolutely restricts a party from enforcing his rights through ordinary tribunals
bAn agreement extinguishing the rights of a party on expiry of a specified period shorter than limitation
cAn agreement which limits the time within which a party may enforce his rights so as to be less than the period of limitation
dAn agreement to refer to arbitration any dispute that may arise between the parties
Answer: D
Section 28 voids agreements in absolute restraint of legal proceedings or which curtail the limitation period, but its saving clauses expressly protect agreements to refer present or future disputes to arbitration.
Under Section 30 of the Indian Contract Act, 1872, agreements by way of wager are:
aVoid, and no suit shall be brought for recovering anything alleged to be won on any wager
bIllegal and punishable
cVoidable at the option of the loser
dValid but unenforceable only against the State
Answer: A
Section 30 declares wagering agreements void and bars any suit for recovering anything won on a wager or entrusted to abide the result of a game; a wager is void, not illegal, under the Contract Act.
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of an event which the promisor could not prevent, becomes void under:
aSection 65 of the Indian Contract Act, 1872
bSection 39 of the Indian Contract Act, 1872
cSection 56 of the Indian Contract Act, 1872
dSection 73 of the Indian Contract Act, 1872
Answer: C
The second paragraph of Section 56 embodies the doctrine of subsequent or supervening impossibility (frustration): a contract becomes void when, after it is made, performance becomes impossible or unlawful by an event the promisor could not prevent.
The rule in Hadley v. Baxendale, which determines the measure of damages recoverable for breach of contract, is substantively reflected in:
aSection 74 of the Indian Contract Act, 1872
bSection 64 of the Indian Contract Act, 1872
cSection 75 of the Indian Contract Act, 1872
dSection 73 of the Indian Contract Act, 1872
Answer: D
Section 73 allows compensation for loss or damage that arose naturally in the usual course of things from the breach, or which the parties knew to be likely to result; remote and indirect loss is excluded — the principle of Hadley v. Baxendale.
Under Section 74 of the Indian Contract Act, 1872, where a sum is named in the contract as the amount to be paid in case of breach, the party complaining of breach is entitled to:
aOnly the actual loss proved, the named sum being wholly disregarded
bDouble the amount named as exemplary damages
cReasonable compensation not exceeding the amount so named, whether or not actual damage is proved
dThe whole sum named, irrespective of actual loss
Answer: C
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named (or penalty stipulated), regardless of whether actual loss is proved; Indian law thus does not distinguish liquidated damages from penalty as rigidly as English law.
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity covers loss caused:
aOnly by the conduct of a third person and not the promisor
bOnly by the conduct of the promisor himself
cBy any cause whatsoever, including accidents and acts of God
dBy the conduct of the promisor himself or by the conduct of any other person
Answer: D
Section 124 defines indemnity as a contract to save the other from loss caused by the conduct of the promisor himself or of any other person; the Indian definition is narrower than English law and does not extend to loss from events like fire or acts of God.
Under Section 126 of the Indian Contract Act, 1872, in a contract of guarantee the person in respect of whose default the guarantee is given is called the:
aPrincipal debtor
bCreditor
cSurety
dIndemnifier
Answer: A
Section 126 defines a contract of guarantee as a contract to perform the promise, or discharge the liability, of a third person in case of his default; the person whose default is guaranteed is the principal debtor, the giver of the guarantee is the surety, and the recipient is the creditor.
Under Section 172 of the Indian Contract Act, 1872, the bailment of goods as security for payment of a debt or performance of a promise is called:
aA mortgage
bA lien
cA hypothecation
dA pledge
Answer: D
Section 172 defines a pledge as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the pawnor and the bailee is the pawnee.
Under Section 230 of the Indian Contract Act, 1872, a contract that the agent is personally bound is presumed to exist in which of the following cases?
aWhere the contract is made by the agent for the sale or purchase of goods for a merchant resident abroad
bWhere the agent acts for a disclosed principal resident in India who can be sued
cWhere the agent acts under an express written authority
dWhere the agency is gratuitous
Answer: A
Section 230 presumes the agent to be personally bound and able to enforce the contract in three cases: where the contract is for a merchant resident abroad, where the agent does not disclose the principal's name, and where the disclosed principal cannot be sued.
Under the Indian Contract Act, 1872, the expression “every promise and every set of promises, forming the consideration for each other” defines:
aPromise under Section 2(b)
bAgreement under Section 2(e)
cConsideration under Section 2(d)
dProposal under Section 2(a)
Answer: B
Section 2(e) defines an “agreement” as every promise and every set of promises forming the consideration for each other; Section 2(h) then defines an agreement enforceable by law as a contract.
A advertises in a newspaper that he will pay Rs. 1,000 to anyone who uses his medicine in the prescribed manner and still contracts influenza. B uses it accordingly but falls ill. Under which provision is B's performance of the conditions treated as a valid acceptance of A's general offer?
aSection 4 of the Indian Contract Act, 1872
bSection 9 of the Indian Contract Act, 1872
cSection 7 of the Indian Contract Act, 1872
dSection 8 of the Indian Contract Act, 1872
Answer: D
Section 8 provides that performance of the conditions of a proposal is an acceptance of the proposal; this is the statutory basis for the rule in Carlill v. Carbolic Smoke Ball Co. (1893).
The Himachal Pradesh Urban Rent Control Act, 1987 is an Act enacted essentially to provide for:
aThe control of rents and the regulation of evictions within urban areas of Himachal Pradesh
bThe compulsory registration of all tenancies in Himachal Pradesh
cThe control of rents only within urban areas of Himachal Pradesh
dThe fixation of property tax within urban areas of Himachal Pradesh
Answer: A
The long title and scheme of the Act show it provides both for the control of rents and for the regulation of eviction of tenants within the urban areas of the State of Himachal Pradesh.
In Hari Dass Sharma v. Vikas Sood (Supreme Court of India, decided 29 April 2013), the eviction of the tenant had been sought under the Himachal Pradesh Urban Rent Control Act, 1987 on the ground that the landlord:
aWanted to convert the premises into a religious place
bHad ceased to be a landlord on sale of the premises
cBona fide required the premises for purposes of addition, alteration or rebuilding
dRequired the premises for his son's marriage
Answer: C
In Hari Dass Sharma v. Vikas Sood, eviction was sought under Section 14 of the Act on the ground that the landlord bona fide required the building for addition, alteration or rebuilding; the Court set aside the condition requiring municipal sanction before the Executing Court.
Under the Himachal Pradesh Urban Rent Control Act, 1987, the term 'landlord' means a person who:
aHas merely advanced a loan against the security of the building
bIs, for the time being, entitled to receive the rent of any building or rented land, whether on his own account or on account of another
cOwns the building but is not entitled to receive rent
dIs in actual physical occupation of the building
Answer: B
Section 2 defines 'landlord' as the person who is for the time being entitled to receive the rent of a building or rented land, whether on his own account or on behalf of another person.
Once a fair rent has been fixed under Section 4 of the Himachal Pradesh Urban Rent Control Act, 1987 and the prescribed period has expired, the increase in fair rent permissible under Section 5 is:
a15 per cent of the fair rent or agreed rent
b25 per cent of the fair rent or agreed rent
c5 per cent of the fair rent or agreed rent
d10 per cent of the fair rent or agreed rent
Answer: D
Section 5 permits, after expiry of the period during which fair rent cannot be altered, an increase of 10 per cent of the fair rent or agreed rent, as the case may be.
Under the Himachal Pradesh Urban Rent Control Act, 1987, the obligation of the landlord to keep the building or rented land in good and tenantable repairs is dealt with in:
aSection 12
bSection 13
cSection 11
dSection 20
Answer: B
Section 13 of the Act casts a duty on the landlord to keep the building or rented land in good and tenantable repairs, with consequential remedies for the tenant where the landlord neglects to do so.
Under the Himachal Pradesh Urban Rent Control Act, 1987, the preamble describes it as an Act to provide, within the limits of urban areas in the State, for the:
aControl of rents and of evictions
bControl of rents only
cControl of evictions only
dRegulation of construction of buildings
Answer: A
The long title/preamble of the H.P. Urban Rent Control Act, 1987 declares it an Act to control the rents and the evictions of tenants within the limits of urban areas in Himachal Pradesh.
Under the H.P. Urban Rent Control Act, 1987, the power to fix the fair rent of a building or rented land, on the application of the tenant or the landlord, vests in the:
aController
bDeputy Commissioner of the district
cMunicipal Commissioner
dCivil Judge having jurisdiction
Answer: A
Section 4 of the Act empowers the Controller, on application by the tenant or the landlord, to fix the fair rent of a building or rented land after holding such inquiry as he thinks fit.
When the fair rent of a building or rented land has been fixed under the H.P. Urban Rent Control Act, 1987, no further increase or decrease in such fair rent is permissible for a period of:
aFive years
bTwo years
cTen years
dThree years
Answer: A
Once fair rent is fixed under Section 4, Section 5 of the Act bars any further increase or decrease in such fair rent for a period of five years.
Under the H.P. Urban Rent Control Act, 1987, a landlord who, without just and sufficient cause, cuts off or withholds any essential supply or service enjoyed by the tenant commits a contravention dealt with under:
aSection 13
bSection 11
cSection 9
dSection 18
Answer: B
Section 11 of the Act prohibits a landlord from cutting off or withholding any essential supply or service (such as water or electricity) enjoyed by the tenant, except with just and sufficient cause.
Under the scheme of the H.P. Urban Rent Control Act, 1987, the provision barring a landlord from claiming or receiving any fine, premium or other like sum in consideration of the grant, renewal or continuance of a tenancy is contained in:
aSection 20
bSection 13
cSection 14
dSection 11
Answer: B
Section 13 of the Act prohibits a landlord from claiming or receiving any fine, premium or other like sum in consideration of the grant, renewal or continuance of a tenancy of any building or rented land.
Under Section 16 of the Hindu Marriage Act, 1955, a child born of a void marriage which has been declared void under Section 11:
aIs deemed legitimate, but acquires rights only in the property of the parents
bIs illegitimate and entitled to no share in any property
cIs legitimate only if a decree of nullity is not actually passed
dIs deemed legitimate and acquires coparcenary rights in ancestral property of the father
Answer: A
Section 16 deems children of void and annulled voidable marriages legitimate, but Section 16(3) confines their rights to the property of their parents and not to any other person.
With reference to the Hindu Succession Act, 1956, match List I with List II and select the correct answer using the codes below:
List I
(P) Property of a female Hindu to be her absolute property
(Q) General rules of succession in the case of female Hindus
(R) Murderer disqualified
(S) Testamentary succession
List II
(i) Section 30
(ii) Section 14
(iii) Section 25
(iv) Section 15
aP-(i), Q-(ii), R-(iv), S-(iii)
bP-(iv), Q-(ii), R-(i), S-(iii)
cP-(ii), Q-(iv), R-(iii), S-(i)
dP-(ii), Q-(iv), R-(i), S-(iii)
Answer: C
Section 14 deals with the absolute property of a female Hindu, Section 15 with succession to female Hindus, Section 25 disqualifies a murderer, and Section 30 deals with testamentary succession.
Under the Schedule to the Hindu Succession Act, 1956 (Section 8), which one of the following heirs of a male Hindu dying intestate is NOT a Class I heir?
aWidow
bFather
cDaughter of a pre-deceased son
dMother
Answer: B
Under the Schedule, the mother, widow and daughter of a pre-deceased son are Class I heirs, whereas the father is placed in Class II (Entry I) and inherits only in the absence of Class I heirs.
W, a Hindu female, inherits immovable property from her father and dies intestate without leaving any son, daughter or children of any pre-deceased son or daughter. Under Section 15(2)(a) of the Hindu Succession Act, 1956, the property devolves upon:
aThe heirs of her husband
bHer mother and father in equal shares
cThe heirs of her father
dThe State by escheat
Answer: C
Section 15(2)(a) provides that property inherited by a female Hindu from her father or mother, in the absence of any son or daughter (including children of a pre-deceased son or daughter), devolves upon the heirs of the father and not under the ordinary order in Section 15(1).
Under Section 6 of the Hindu Succession Act, 1956 as amended by the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Mitakshara joint family:
aBecomes a coparcener only if she is unmarried on 9-9-2005
bAcquires only a right of maintenance out of coparcenary property
cBecomes a coparcener by birth in her own right in the same manner as a son
dBecomes a coparcener only if the father was alive on 9-9-2005
Answer: C
After the 2005 amendment, Section 6 makes the daughter of a coparcener a coparcener by birth in her own right in the same manner as a son; the Supreme Court in Vineeta Sharma v. Rakesh Sharma held this right does not depend on the father being alive on 9-9-2005.
Under Section 14(2) of the Hindu Succession Act, 1956, the rule conferring full ownership on a female Hindu does NOT apply where property is acquired by her:
aIn lieu of maintenance or arrears of maintenance
bUnder a gift, will, instrument, decree or award which prescribes a restricted estate
cBy her own skill or exertion or by purchase
dBy inheritance or at a partition
Answer: B
Section 14(2) carves out an exception: where property is acquired by gift, will, instrument, decree, order or award and the terms thereof prescribe a restricted estate, the female takes only that restricted estate and not absolute ownership.
Under Section 25 of the Hindu Succession Act, 1956, a person who commits or abets the commission of murder is disqualified from inheriting. The legal effect of such disqualification under Section 27 is that:
aThe property devolves as if the disqualified person had died before the intestate
bThe property escheats to the Government
cThe murderer inherits a reduced half share only
dThe property is held by the murderer in trust for other heirs
Answer: A
Section 25 disqualifies a murderer or abettor from inheriting the property of the person murdered; under Section 27, the property then devolves as if the disqualified person had died before the intestate.
Under Section 11(iii) of the Hindu Adoptions and Maintenance Act, 1956, where a male Hindu adopts a female child, a condition of valid adoption is that the adoptive father must be:
aAt least twenty-five years older than the person to be adopted
bAt least twenty-one years older than the person to be adopted
cOf the same age group as the natural parents
dAt least eighteen years older than the person to be adopted
Answer: B
Section 11(iii) requires that where the adoption is by a male and the adoptee is a female, the adoptive father must be at least twenty-one years older than the person to be adopted; an analogous rule under Section 11(iv) applies to a female adopting a male.
Under Section 9 of the Hindu Adoptions and Maintenance Act, 1956, when the father is alive, his right to give a child in adoption:
aCannot be exercised save with the consent of the mother, unless she is disqualified as specified
bCan be exercised only with the previous permission of the court
cMust be exercised jointly with the guardian of the child
dIs absolute and requires no consent
Answer: A
Under Section 9(2), where the father is alive he alone has the right to give the child in adoption, but that right cannot be exercised save with the consent of the mother unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind.
During the pendency of a non-collusive suit in which a right to immovable property is directly and specifically in question, a party transfers that property to a stranger. Under Section 52 of the Transfer of Property Act, 1882, the transfer is:
aVoid as against all the world
bNot void, but cannot affect the rights of any other party to the suit under the decree that may be made, except with the authority of the Court
cVoidable at the option of the unsuccessful party
dValid and wholly unaffected by the result of the suit
Answer: B
The doctrine of lis pendens in Section 52 does not annul the transfer; it makes the transferee bound by the result of the litigation, so the transfer cannot prejudice the other party's rights under the decree except under the Court's authority.
Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of a value less than one hundred rupees, a sale may be made:
aEither by a registered instrument or by delivery of the property
bOnly by delivery of the property
cOnly by an attested but unregistered instrument
dOnly by a registered instrument
Answer: A
Section 54 requires a registered instrument for tangible immovable property of value Rs. 100 and upwards (and for reversions/intangibles), but for property below Rs. 100 either registration or delivery of possession suffices.
A, the ostensible owner of immovable property with the consent of the real owner B, transfers it for consideration to C, who after taking reasonable care to ascertain A's power and acting in good faith takes the transfer. Under Section 41 of the Transfer of Property Act, 1882:
aThe transfer is void because A was not the real owner
bC acquires no interest unless B subsequently ratifies the transfer
cB can avoid the transfer at any time within twelve years
dThe transfer is not voidable on the ground that A was not authorised to make it
Answer: D
Section 41 protects a transferee for consideration from an ostensible owner (holding with the real owner's consent) who acts in good faith after due enquiry; the real owner cannot then avoid the transfer for want of authority.
For making a gift of immovable property under Section 123 of the Transfer of Property Act, 1882, the transfer must be effected by:
aAn unregistered writing attested by one witness
bA registered instrument, attestation being unnecessary
cMere delivery of possession to the donee
dA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 prescribes that a gift of immovable property is valid only when made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; gift of movable property may be by registered instrument or delivery.
A makes a gift of property to B. The donee B dies before accepting the gift. Under Section 122 of the Transfer of Property Act, 1882, the gift is:
aVoid
bValid and passes to B's legal heirs
cVoidable at the option of A's heirs
dSuspended until the heirs of B accept it
Answer: A
Section 122 requires acceptance 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.
Under Section 126 of the Transfer of Property Act, 1882, a gift which the parties agree shall be revocable, wholly or in part, at the mere will of the donor is:
aValid and binding
bValid only if the property is movable
cVoid wholly or in part, as the case may be
dVoidable at the option of the donee
Answer: C
Section 126 permits revocation only on the happening of a specified event not depending on the donor's will; a gift revocable at the mere will of the donor is void to that extent.
A lease of immovable property, as defined in Section 105 of the Transfer of Property Act, 1882, is a transfer of:
aOwnership in the property for a price
bThe right to recover possession from a trespasser
cA mere licence to use the property without any interest therein
dA right to enjoy the property, made for a certain time or in perpetuity, in consideration of a price or rent
Answer: D
Section 105 defines a lease as a transfer of a right to enjoy immovable property for a certain time (express or implied) or in perpetuity, for a premium and/or rent; it transfers an interest, distinguishing it from a bare licence.
With reference to the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882, which of the following is correct?
aIt can be used by the transferee, who has taken possession in part performance, as a shield to defend his possession against the transferor
bIt confers a complete title on the transferee enforceable against the whole world
cIt is available to a transferee even where there is no written contract signed by the transferor
dIt applies equally to contracts for the transfer of movable property
Answer: A
Section 53A is a defensive equity (a shield, not a sword): a transferee in possession in part performance of a written, signed contract who is willing to perform his part can resist the transferor's claim, though it does not pass title.
Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255, is a leading decision of the Supreme Court of India concerning which concept under the Transfer of Property Act, 1882?
aRule against perpetuity
bDoctrine of lis pendens
cDistinction between vested and contingent interest
dDoctrine of part performance
Answer: C
In Rajes Kanta Roy the Supreme Court examined whether the interest created was vested or contingent, applying Sections 19 and 21 of the Act, and held the interest there to be vested.
The benefit of exclusion of time spent bona fide prosecuting a proceeding in a court without jurisdiction is available under:
aSection 5
bSection 14
cSection 18
dSection 12
Answer: B
Section 14 excludes the time spent in prosecuting with due diligence and good faith another civil proceeding in a court unable to entertain it for defect of jurisdiction or like cause.
Where a suit is based on the fraud of the defendant, the period of limitation does not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it. This rule is contained in:
aSection 16
bSection 15
cSection 19
dSection 17
Answer: D
Section 17 postpones the commencement of limitation in cases of fraud, mistake or concealed documents until discovery or reasonable means of discovery.
An acknowledgment of liability that starts a fresh period of limitation under Section 18 of the Limitation Act, 1963 must be:
aOral and made before any witness
bRegistered before a Sub-Registrar
cIn writing, but may be made after expiry of the prescribed period
dIn writing, signed, and made before the expiration of the prescribed period
Answer: D
Section 18 requires the acknowledgment of liability to be in writing, signed by the party (or his agent), and made before the prescribed period has expired.
A fresh period of limitation begins from the date of part-payment of a debt or interest on a legacy where the payment is acknowledged in the prescribed manner, under:
aSection 24
bSection 19
cSection 18
dSection 22
Answer: B
Section 19 provides that part-payment of a debt or interest on a legacy, evidenced as required, gives a fresh starting point of limitation.
In the case of a continuing breach of contract or a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or tort continues. This is laid down in:
aSection 23
bSection 17
cSection 25
dSection 22
Answer: D
Section 22 provides that for a continuing breach of contract or continuing tort, limitation runs afresh at every moment the breach or tort continues.
Under Section 25 of the Limitation Act, 1963, the peaceable and open enjoyment of an easement of way or watercourse as of right, without interruption, ripens into an absolute right after a period of:
a60 years
b12 years
c30 years
d20 years
Answer: D
Section 25 fixes 20 years' enjoyment as of right (ending within two years before suit) for acquisition of an easement by prescription over private property.
Where the period limited for a person to institute a suit for possession of property has expired, his right to that property is extinguished. This doctrine is enacted in:
aSection 28
bSection 27
cSection 25
dSection 22
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy: on expiry of the period for a possession suit, the right to the property itself is extinguished.
Under Article 65 of the Schedule to the Limitation Act, 1963, a suit for possession of immovable property based on title must be brought within twelve years, the time running from:
aThe date the plaintiff acquires title
bThe date of the plaintiff's demand for possession
cThe date of registration of the plaintiff's document of title
dThe date the defendant's possession becomes adverse to the plaintiff
Answer: D
Under Article 65, limitation for a title-based possession suit runs from when the defendant's possession becomes adverse, not from when the plaintiff's title accrues.
The period of limitation prescribed under Article 123 of the Schedule to the Limitation Act, 1963 for an application to set aside an ex parte decree is:
a120 days
b30 days
c90 days
d60 days
Answer: B
Article 123 prescribes 30 days for setting aside an ex parte decree, computed from the date of the decree or, where summons was not duly served, from knowledge of the decree.
Section 20A of the Specific Relief Act, 1963 (inserted by the 2018 Amendment) provides that no injunction shall be granted by a court in a suit where the granting of injunction would:
aDefeat a decree for declaration of title
bAffect the readiness and willingness of the plaintiff
cCause hindrance or delay in the progress or completion of an infrastructure project
dCause cancellation of a registered instrument
Answer: C
Section 20A bars grant of an injunction that would cause impediment or delay in the progress or completion of an infrastructure project specified in the Schedule.
Section 20C of the Specific Relief Act, 1963 (inserted by the 2018 Amendment) requires that a suit filed under the Act shall be disposed of by the court within:
aSix months from the date of service of summons, extendable by three months
bTwelve months from the date of filing, with no power of extension
cTwelve months from the date of service of summons on the defendant, extendable by not more than six months for reasons recorded in writing
dTwo years from the date of filing of the plaint
Answer: C
Section 20C mandates disposal within twelve months from service of summons, extendable by a further period not exceeding six months in aggregate for reasons recorded in writing.
The relief of rectification of an instrument under Section 26 of the Specific Relief Act, 1963 is available where, through fraud or mutual mistake:
aThe instrument does not express the real intention of the parties
bThe contract itself is wholly void for want of consideration
cA party wishes to escape a concluded but unregistered contract
dOne party seeks to add entirely new terms not agreed upon
Answer: A
Section 26 permits rectification where, owing to fraud or a mutual mistake, a contract or instrument in writing does not express the real intention of the parties.
A files a suit merely for a declaration that he is entitled to certain immovable property, although he is able to claim the further relief of recovery of possession and omits to do so. Under Section 34 of the Specific Relief Act, 1963, the court:
aShall make no such declaration
bShall grant the declaration and leave possession to a fresh suit
cMust grant both declaration and possession suo motu
dShall stay the suit until a partition suit is filed
Answer: A
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
Under Section 38 of the Specific Relief Act, 1963, a perpetual injunction to prevent invasion of the plaintiff's right to property may be granted, inter alia, where:
aThe defendant is a stranger to the plaintiff
bThe plaintiff has acquiesced in the continuing breach
cThere exists no standard for ascertaining the actual damage caused by the invasion
dEqually efficacious relief can be obtained by another usual mode
Answer: C
Section 38(3)(b) permits a perpetual injunction where no standard exists for ascertaining the actual damage caused or likely to be caused by the invasion.
Clause (ha) of Section 41 of the Specific Relief Act, 1963, inserted by the 2018 Amendment, bars the grant of an injunction if it would:
aPrevent a breach of trust
bDisentitle the plaintiff on account of his conduct
cImpede or delay the progress or completion of any infrastructure project
dRestrain a person from prosecuting a criminal proceeding
Answer: C
Section 41(ha), added in 2018, bars an injunction that would impede or delay the progress or completion of any infrastructure project or interfere with related facilities or services.
Where an instrument is insufficiently stamped, the proviso to Section 35 of the Indian Stamp Act, 1899 permits its admission in evidence on payment of the deficient duty together with a penalty which may extend to:
aFive times the amount of the deficient duty
bTwice the amount of the deficient duty
cTen times the amount of the proper duty or the deficient portion thereof
dTwenty times the amount of the deficient duty
Answer: C
The proviso to Section 35 allows admission on payment of the deficiency plus a penalty of five rupees, or where greater, a sum equal to ten times the proper duty or deficient portion thereof.
Under Section 12 of the Indian Stamp Act, 1899, an adhesive stamp affixed to an instrument is required to be cancelled so that it cannot be used again by:
aThe Collector only
bThe registering officer at the time of registration only
cThe person who affixes the stamp, or the person executing the instrument at the time of execution
dAny witness who attests the instrument
Answer: C
Section 12(1) requires the person affixing the adhesive stamp to cancel it when affixing, and the person executing the instrument to cancel it at the time of execution if not already cancelled.
The obligation to examine and impound an instrument that is not duly stamped, when produced before a person authorised to receive evidence, is cast by Section 33 of the Indian Stamp Act, 1899 on every such person EXCEPT:
aAn officer of police
bA person in charge of a public office
cA Civil Judge
dA person authorised by consent of parties to receive evidence
Answer: A
Section 33(1) obliges every person authorised to receive evidence and every person in charge of a public office, except an officer of police, to impound an instrument not duly stamped.
A person who executes an instrument chargeable with duty, otherwise than as a witness, without the same being duly stamped, is, under Section 62 of the Indian Stamp Act, 1899, punishable with fine which may extend to:
aTwo hundred rupees
bOne hundred rupees
cOne thousand rupees
dFive hundred rupees
Answer: D
Section 62 provides that such a person shall, for every such offence, be punishable with fine which may extend to five hundred rupees.
Under the Indian Stamp Act, 1899, the term 'conveyance' as defined in Section 2(10) includes a conveyance on sale and every instrument by which property is transferred inter vivos and which is not otherwise specifically provided for by Schedule I. Such property may be:
aMovable property only
bOnly marketable securities
cImmovable property only
dEither movable or immovable property
Answer: D
Section 2(10) defines 'conveyance' to cover every instrument by which property, whether movable or immovable, is transferred inter vivos, where not otherwise specifically provided for by Schedule I.
Which of the following is, by virtue of Section 140 of the Negotiable Instruments Act, 1881, NOT a valid defence in a prosecution under Section 138?
athat the cheque was issued without any consideration
bthat the cheque was presented beyond the period of its validity
cthat the drawer had no reason to believe when he issued the cheque that it may be dishonoured on presentment
dthat the notice of demand was not served on the drawer
Answer: C
Section 140 expressly bars the defence that the drawer had no reason to believe, when issuing the cheque, that it might be dishonoured for the reasons stated in Section 138.
Where the offence under Section 138 is committed by a company, Section 141 provides that, apart from the company, the persons primarily deemed guilty are those who, at the time the offence was committed, were:
ain charge of, and responsible to the company for, the conduct of its business
bthe statutory auditors of the company
cany employee who physically signed the cheque
dshareholders holding more than ten per cent of the paid-up capital
Answer: A
Section 141(1) deems guilty every person who, at the time of the offence, was in charge of and responsible to the company for the conduct of its business, along with the company itself.
Under the proviso to Section 141 of the Negotiable Instruments Act, 1881, a person in charge of the company's business shall NOT be liable to punishment if he proves that the offence:
arelated to a cheque of an amount less than one lakh rupees
bwas the first such default by the company
cwas committed without his knowledge, or that he had exercised all due diligence to prevent its commission
dwas committed by a junior employee of the company
Answer: C
The first proviso to Section 141(1) exonerates a person who proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent its commission.
A complaint for an offence under Section 138, by virtue of Section 142(1)(b), must ordinarily be made within ____ of the date on which the cause of action arises under clause (c) of the proviso to Section 138:
afifteen days
bsix months
cthree months
done month
Answer: D
Section 142(1)(b) requires the written complaint of the payee or holder in due course to be filed within one month of the date on which the cause of action arises; the court may, on sufficient cause, condone delay under the proviso.
Under Section 142(1)(a), cognizance of an offence under Section 138 can be taken only upon a complaint in writing made by:
athe payee or, as the case may be, the holder in due course of the cheque
bthe drawer's banker
cany person aggrieved by the dishonour
da police officer after registering an FIR
Answer: A
Section 142(1)(a) requires cognizance to be taken only on a written complaint made by the payee or the holder in due course of the cheque; it is not a police-investigated cognizable offence.
Section 18 of the H.P. Excise Act, 2011 relates to which one of the following provisions?
aProhibition of manufacture of liquor except under the Act
bProhibition of possession of liquor
cProhibition of import, export or transport of liquor
dProhibition of removal of liquor manufactured or stored in a distillery
Answer: B
In the H.P. Excise Act, 2011, Section 15 deals with prohibition of manufacture, Section 17 with removal, Section 18 with prohibition of possession of liquor, and Section 21 with import, export or transport.
Under Section 26(1) of the H.P. Excise Act, 2011, a licence holder who sells or delivers any liquor to a person apparently under the age of 18 years shall be punishable with:
aImprisonment up to three months and fine up to fifty thousand rupees, or both
bFine which may extend to ten thousand rupees but shall not be less than two thousand rupees
cImprisonment up to six months and fine up to twenty thousand rupees
dFine which may extend to fifty thousand rupees but shall not be less than ten thousand rupees
Answer: B
Section 26(1) prescribes only fine for selling/delivering liquor to a minor: extending to ten thousand rupees but not less than two thousand rupees. The imprisonment of up to three months with fine up to fifty thousand rupees under Section 26(2) is for employing a minor in a vend or bar.
Under Section 26(2) of the H.P. Excise Act, 2011, a licence holder who employs a person under the age of 18 years in a liquor vend or bar where liquor is sold, stored or served shall be punishable with:
aFine which shall not be less than two thousand rupees but may extend to twenty thousand rupees
bImprisonment for a term which may extend to three months and with fine which may extend to fifty thousand rupees, or with both
cFine only, which may extend to ten thousand rupees
dImprisonment for a term which may extend to one year and with fine up to one lakh rupees
Answer: B
Section 26(2) punishes employment of a minor in a liquor vend, bar or similar place with imprisonment up to three months and fine up to fifty thousand rupees, or with both.
Match List I (Section of the H.P. Excise Act, 2011) with List II (subject matter) and select the correct answer using the codes below:
List I: (P) Section 29 (Q) Section 35 (R) Section 42 (S) Section 49
List II: (1) Surrender of license (2) Payment of compensation (3) Power to cancel or suspend licenses etc. (4) Enhanced punishment after previous conviction
aP-4, Q-1, R-2, S-3
bP-1, Q-3, R-4, S-2
cP-3, Q-2, R-1, S-4
dP-3, Q-1, R-2, S-4
Answer: D
Section 29 = power to cancel or suspend licenses; Section 35 = surrender of license; Section 42 = payment of compensation (to victims of noxious liquor under Section 41); Section 49 = enhanced punishment after previous conviction.
Under Section 41 of the H.P. Excise Act, 2011, where a person mixes a noxious substance with liquor and, as a result, death is caused to any person, the punishment which may be imposed is:
aImprisonment up to ten years and fine up to two lakh rupees
bImprisonment for life and fine up to five lakh rupees
cPunishment which may extend to death and fine which may extend to ten lakh rupees
dImprisonment not less than six years extending to life and fine up to five lakh rupees
Answer: C
Section 41(a) provides that where death results from mixing a noxious substance with liquor, the offender may be punished with death and fine up to ten lakh rupees. (The not-less-than-six-years-to-life option corresponds to grievous hurt under Section 41(b).)
Specified plants intended for the strictest protection, the cultivation and possession of which is regulated, are listed under which Schedule of the Wild Life (Protection) Act, 1972 (pre-2022 scheme)?
aSchedule IV
bSchedule III
cSchedule VI
dSchedule V
Answer: C
Under the pre-2022 scheme, Schedule VI listed specified plants; their picking, uprooting, possession, sale, cultivation and transport were regulated under Chapter III-A (Sections 17A to 17H). Schedule V, by contrast, listed vermin.
Under Section 27 of the Wild Life (Protection) Act, 1972, which one of the following persons is NOT entitled, as of right, to enter or reside in a sanctuary?
aA public servant on duty
bAny tourist who has merely purchased an entry ticket from a private tour operator
cA person passing through the sanctuary along a public highway
dA person who has been permitted by the Chief Wild Life Warden or authorised officer to reside within the sanctuary
Answer: B
Section 27 restricts entry into a sanctuary to specified categories such as public servants on duty, persons permitted to reside therein, persons owning immovable property inside, and persons passing along a public highway. A tourist with a privately-issued ticket does not fall within these statutory categories.
Under Section 5-A of the Wild Life (Protection) Act, 1972, the National Board for Wild Life shall have as its Chairperson and Vice-Chairperson respectively:
aThe Prime Minister as Chairperson and the Minister in charge of Forests and Wild Life as Vice-Chairperson
bThe Minister of Environment and Forests as Chairperson and the Director of Wild Life Preservation as Vice-Chairperson
cThe Prime Minister as Chairperson and the Cabinet Secretary as Vice-Chairperson
dThe President as Chairperson and the Prime Minister as Vice-Chairperson
Answer: A
Under Section 5-A, the National Board for Wild Life is headed by the Prime Minister as Chairperson, with the Union Minister in charge of Forests and Wild Life (Environment, Forest and Climate Change) as Vice-Chairperson.
Under Section 6 of the Wild Life (Protection) Act, 1972, the ex-officio Chairperson of the State Board for Wild Life constituted by a State is:
aThe Chief Minister of the State
bThe Minister in charge of Forests in the State
cThe Governor of the State
dThe Chief Wild Life Warden of the State
Answer: A
Section 6 provides that the State Board for Wild Life shall consist of the Chief Minister of the State as Chairperson (or the Administrator in a Union Territory), with the Minister in charge of Forests as Vice-Chairperson.
Under Section 69 of the Indian Forest Act, 1927, when in any proceeding a question arises whether any forest-produce is the property of Government, such produce shall:
aBe apportioned equally between the Government and the claimant
bBe presumed to belong to the person in possession until the Government proves otherwise
cBe presumed to be the property of Government until the contrary is proved
dBe treated as ownerless and vest in the Collector
Answer: C
Section 69 raises a statutory presumption that the forest-produce in question is the property of the Government until the contrary is proved, shifting the burden onto the person disputing Government ownership.
Under Section 72 of the Indian Forest Act, 1927, the State Government may invest a Forest-officer with which of the following powers?
aPower to assign reserved forest land to a village-community
bPower to try forest-offences summarily and pass sentence of imprisonment
cPower to declare a forest no longer reserved by notification
dPower to enter upon land to survey and demarcate it, and the powers of a Civil Court to compel attendance of witnesses and production of documents
Answer: D
Section 72(1) permits the State Government to invest a Forest-officer with powers to enter, survey, demarcate and map land, the Civil Court's powers to compel witnesses and production of documents, to issue search-warrants, and to hold inquiries into forest-offences.
Under Section 2 of the Indian Forest Act, 1927, the expression "timber" includes:
aTrees, when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not
bOnly wood that has been cut up, sawn or fashioned for commercial use
cOnly standing trees that have been marked by a Forest-officer
dPalms, bamboos, stumps, brush-wood and canes only
Answer: A
Section 2(6) defines "timber" to include trees when they have fallen or been felled, and all wood whether cut up, fashioned or hollowed out or not. Palms, bamboos, stumps, brush-wood and canes fall under the definition of "tree" in Section 2(7).
Under the Indian Forest Act, 1927, after the issue of a notification under Section 4 declaring the intention to constitute land a reserved forest, the bar on accrual of fresh forest-rights in that land is contained in:
aSection 5
bSection 23
cSection 9
dSection 20
Answer: A
Section 5 provides that after the issue of a notification under Section 4, no fresh right shall be acquired in or over the land comprised in such notification except by succession or under a registered grant or contract. Section 20 is the final notification declaring the forest reserved.
Provisions for 'Appeals from Subordinate Judges' to the District Judge and the High Court under the Himachal Pradesh Courts Act, 1976 are contained in:
aSection 19
bSection 21
cSection 20
dSection 22
Answer: B
Section 21 of the Act provides for appeals from the decrees and orders of Subordinate Judges, lying either to the District Judge or to the High Court according to the value of the suit.
The Superintendent of a District Court under the Himachal Pradesh Courts Act, 1976 is appointed by:
aThe High Court
bThe District Judge
cThe State Government
dThe State Government after consultation with the District Judge
Answer: A
The Superintendent of the District Court is appointed by the High Court, while the other ministerial officers of the court are appointed by the District Judge.
Jurisdiction to try suits of a Small Cause nature not exceeding two thousand rupees in value may be conferred upon a Civil Judge under the Himachal Pradesh Courts Act, 1976 by:
aThe District Judge of the district
bThe State Government
cThe Governor of Himachal Pradesh
dThe High Court of Himachal Pradesh
Answer: D
Small Cause jurisdiction over suits of a value not exceeding two thousand rupees is conferred on a Civil Judge by the High Court of Himachal Pradesh, not by the State Government.
In Aparna Bhat v. State of Madhya Pradesh (2021), the Supreme Court deprecated which bail condition imposed on an accused in a sexual-offence case as reflecting patriarchal and stereotypical notions about women?
aReporting weekly to the local police station
bDepositing the passport with the trial court
cFurnishing two solvent sureties
dVisiting the complainant to have a rakhi tied by her
Answer: D
The Court struck down the High Court's condition that the accused get a rakhi tied by the complainant, holding such conditions perpetuate gender stereotypes, and issued directions for gender sensitisation of judges.
Under Section 28 of the POCSO Act, 2012, a Special Court is designated for each district by the State Government in consultation with:
aThe District Magistrate
bThe Director General of Police
cThe Advocate General
dThe Chief Justice of the High Court
Answer: D
Section 28(1) requires the State Government, in consultation with the Chief Justice of the High Court, to designate a Court of Session as a Special Court for each district by notification in the Official Gazette.
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