Himachal Pradesh Judiciary Mock Test 9 — Questions & Solutions

Under Section 9 of the Code of Civil Procedure, 1908, the courts have jurisdiction to try all suits of a civil nature:

The principle that no person shall be vexed twice for the same cause is embodied in the doctrine of res judicata under Section 11 of the Code of Civil Procedure, 1908. "Constructive res judicata" is contained in which Explanation to Section 11?

Under the proviso to Section 24 of the Code of Civil Procedure, 1908, a court trying a suit or proceeding transferred to it:

Where a defendant resides, carries on business or personally works for gain outside the local limits of a court's jurisdiction but the cause of action arises wholly or in part within such limits, the suit, under Section 20 of the Code of Civil Procedure, 1908:

Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie from a decree passed by a court of Small Causes where the value of the subject-matter of the original suit does not exceed:

A second appeal under Section 100 of the Code of Civil Procedure, 1908, as amended by the Amendment Act of 1976, lies to the High Court only:

Under the proviso to Section 115 of the Code of Civil Procedure, 1908 (as amended in 1999), the High Court shall not vary or reverse any order made in the course of a suit or other proceeding except where the order, if it had been made in favour of the party applying for revision:

Under Order I, Rule 10(2) of the Code of Civil Procedure, 1908, the power of the court to strike out or add parties may be exercised:

Under Order VIII, Rule 1 of the Code of Civil Procedure, 1908, the defendant shall present a written statement of his defence within thirty days from the date of service of summons; however, this period may be extended by the court for reasons to be recorded, but shall not be later than:

A suit by an indigent person is governed by which Order of the Code of Civil Procedure, 1908?

Under Order XXXIX, Rule 1 of the Code of Civil Procedure, 1908, a temporary injunction may be granted where it is proved that:

In Salem Advocate Bar Association, Tamil Nadu v. Union of India (II), AIR 2005 SC 3353, the Supreme Court considered the constitutional validity of which provision introduced by the Code of Civil Procedure (Amendment) Acts of 1999 and 2002?

Under Section 144 of the Code of Civil Procedure, 1908, an application for restitution lies where a decree or order is varied or reversed. Such an application is to be made to:

Under Section 2(2) of the Code of Civil Procedure, 1908, which of the following is correct regarding a 'decree'?

A decision in a former suit operates as res judicata against persons litigating bona fide in respect of a public or private right claimed in common for themselves and others. This rule is contained in which Explanation to Section 11 of the Code of Civil Procedure, 1908?

A suit for the determination of any right to or interest in immovable property situate within the jurisdiction of one court only is to be instituted in the court within whose local limits the property is situate. This is provided under:

The power to transfer any suit, appeal or other proceeding pending in any High Court or other civil court in one State to a High Court or other civil court in any other State is conferred upon:

No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed:

A second appeal under Section 100 of the Code of Civil Procedure, 1908 to the High Court lies only:

Under the Bharatiya Nyaya Sanhita, 2023, the punishment for the offence of defamation is:

Under the Bharatiya Nyaya Sanhita, 2023, 'organised crime' — a new offence covering continuing unlawful activity by an organised crime syndicate — is dealt with under:

Under Section 105 of the Bharatiya Nyaya Sanhita, 2023, where culpable homicide not amounting to murder is committed with the intention of causing death, the imprisonment for a fixed term shall not be less than:

Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided in:

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, community, sex, place of birth, language or personal belief (mob lynching), the relevant penal provision is:

A, intending to kill B by poisoning, places poisoned food which is eaten by C, whose death was not intended, and C dies. Under the Bharatiya Nyaya Sanhita, 2023, A's liability for culpable homicide of C is governed by:

Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide (where the deceased is neither a child nor a person of unsound mind) is punishable under:

Under Section 106 of the Bharatiya Nyaya Sanhita, 2023, a person who causes death by rash and negligent driving of a vehicle (not amounting to culpable homicide) and escapes without reporting the incident soon after to a police officer or Magistrate may be punished with imprisonment which may extend to:

Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'grievous hurt' (the section defining what kinds of hurt are designated as grievous) is contained in:

Under Section 115 of the Bharatiya Nyaya Sanhita, 2023, whoever voluntarily causes hurt (in the ordinary case) may be punished with imprisonment which may extend to one year, or with fine which may extend to:

Under the Bharatiya Nyaya Sanhita, 2023, the offences of theft, robbery and dacoity are respectively defined in:

The Bharatiya Nyaya Sanhita, 2023 introduced a distinct offence of 'snatching' as a special form of theft. This offence is dealt with under:

Under the Bharatiya Nyaya Sanhita, 2023, the offences of criminal breach of trust and cheating are respectively defined in:

Under the Bharatiya Nyaya Sanhita, 2023, the offence of rape is defined and gang rape is dealt with respectively in:

Under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023, where a woman below eighteen years of age is subjected to gang rape, each person of the group shall be punished with:

The Bharatiya Nyaya Sanhita, 2023 replaced the offence of sedition with a new provision penalising acts endangering the sovereignty, unity and integrity of India. This provision is:

Pre-arrest protection by way of anticipatory bail (direction for grant of bail to a person apprehending arrest for a non-bailable offence) is provided under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a proclamation requiring a person against whom a warrant has been issued and who is absconding to appear must specify a time not less than ______ from the date of its publication.

Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner who examines a victim of rape is required to forward the medical examination report to the investigating officer within:

The Victim Compensation Scheme, under which every State Government in coordination with the Central Government prepares a scheme to compensate victims who have suffered loss or injury and require rehabilitation, is contained in which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a private person may arrest a person who, in his presence, commits:

Confessions and statements during investigation under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be recorded by:

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives statutory recognition to the "Zero FIR" by providing that information relating to a cognizable offence may be given:

Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment for a term of less than ten years, the police report on completion of investigation must ordinarily be filed within:

Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of 90 days for completion of investigation (failing which the accused becomes entitled to default bail) applies where the offence is punishable with:

Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding:

Which of the following novel forms of punishment can a Magistrate impose under the sentencing provisions (Section 23) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which had no counterpart in the Code of Criminal Procedure, 1973?

Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of a cognizable offence punishable with imprisonment which may extend to seven years, a police officer:

Under the proviso to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years and the person to be arrested is infirm or is above sixty years of age, the arrest may be made only:

Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining must be filed by the accused:

Under Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the Court examines the accused to enable him to explain circumstances appearing in evidence against him:

Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 declares that any person accused of an offence shall be a competent witness for the defence and may give evidence on oath in disproof of the charges?

Under the Bharatiya Sakshya Adhiniyam, 2023, the party who calls a witness may, with the permission of the court, put questions to him which might be put in cross-examination by the adverse party (declaring the witness hostile). This power is conferred by:

Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question, if objected to by the adverse party, must not be asked in examination-in-chief or re-examination except with the permission of the court. The provision dealing with leading questions is:

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records produced in evidence must, in addition to the conditions of admissibility, be accompanied by a certificate. The certificate requirement for electronic records is contained in:

Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof lies on that person who would fail if no evidence at all were given on either side is contained in:

Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), so much of the information received from a person accused of an offence may be proved as relates distinctly to the fact thereby discovered, only when the information is received from such accused:

Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:

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, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in:

When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts under:

The rule that oral evidence must, in all cases whatever, be direct is contained in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in:

An electronic record produced as evidence is admissible only on production of the certificate required under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). This requirement of a certificate (earlier under Section 65B(4) of the repealed Indian Evidence Act, 1872) was held to be mandatory by the Supreme Court in:

When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 is upon him, and the Court shall presume the absence of such circumstances. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is provided in:

Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that an accomplice shall be a competent witness against an accused person, and that:

"No particular number of witnesses shall in any case be required for the proof of any fact." Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this principle is enacted in:

The Latin maxim 'Omnia praesumuntur rite et solemniter esse acta' is reflected in which illustration to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?

Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who calls him is called:

Which of the following statements correctly distinguishes 'may presume', 'shall presume' and 'conclusive proof' as defined in Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?

An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872 if it is:

Under Section 27 of the Indian Contract Act, 1872, an agreement by which a person is restrained from exercising a lawful profession, trade or business is:

X agrees to sell his car to Y for Rs. 50,000, the car having been destroyed by fire (unknown to both parties) at the time of the agreement. The agreement is:

The rule laid down in Hadley v. Baxendale, that damages recoverable are such as arise naturally from the breach or such as were in the contemplation of both parties at the time of contracting, is embodied in which section of the Indian Contract Act, 1872?

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 receive:

A coolie lawfully carries B's luggage to B's house without B having asked for it, not intending to act gratuitously, and B accepts the benefit. B's liability to pay arises under:

Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is a contract by which one party promises to save the other from loss caused to him:

The right of a banker to retain, as a security for a general balance of account, goods bailed to him, in the absence of a contract to the contrary, is recognised under the Indian Contract Act, 1872 as a:

“Delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them” is the definition of:

A contracts to marry B, being already married to C and forbidden by the law to which he is subject to practise polygamy. With respect to this agreement:

When a voidable contract is rescinded under Section 64 of the Indian Contract Act, 1872, the party rescinding it:

Under the H.P. Urban Rent Control Act, 1987, a tenant becomes liable to eviction for non-payment of rent if he has not paid or tendered the rent due, in the absence of any agreement, within:

Under the H.P. Urban Rent Control Act, 1987, a tenant is liable to be evicted on the ground of sub-letting where he has, after the commencement of the Act, sub-let the whole or any part of the building or rented land:

Under the H.P. Urban Rent Control Act, 1987, no person shall convert a residential building into a non-residential building except with the:

Under the H.P. Urban Rent Control Act, 1987, where a landlord seeks eviction of a tenant from a residential building on the ground of bona fide requirement for his own occupation, he must, among other things, show that he:

Under the H.P. Urban Rent Control Act, 1987, a tenant who has ceased to occupy the building or rented land without reasonable cause becomes liable to eviction where such cessation has continued for a period of:

Under the H.P. Urban Rent Control Act, 1987, a landlord may recover possession of a building or rented land which is bona fide required for carrying out repairs or for re-building or re-construction. Such a ground falls under:

Under the H.P. Urban Rent Control Act, 1987, the provision dealing with the lease of vacant buildings is contained in:

Under the H.P. Urban Rent Control Act, 1987, where the landlord refuses or neglects to accept the rent lawfully tendered by the tenant, or there is a bona fide doubt as to the person to whom the rent is payable, the tenant may:

Under the H.P. Urban Rent Control Act, 1987, for the purpose of holding an inquiry, the Controller is vested with which of the following?

Under the H.P. Urban Rent Control Act, 1987, a specified landlord who, having obtained eviction of a tenant on the ground of his own bona fide requirement, fails to occupy the building for the prescribed continuous period or re-lets it to a person other than the evicted tenant, is punishable with:

Under Section 12 of the Hindu Adoptions and Maintenance Act, 1956, which one of the following is a correct effect of a valid adoption?

Under the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. This is provided in the proviso to:

Under Section 5 of the Hindu Marriage Act, 1955, as amended, a marriage may be solemnised between two Hindus only if the bridegroom and the bride have completed which of the following ages respectively?

As defined in Section 3(f) of the Hindu Marriage Act, 1955, the sapinda relationship of a person extends, in the line of ascent, as far as:

Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites and ceremonies include the saptapadi, the marriage becomes complete and binding when:

A Hindu marriage is void under Section 11 of the Hindu Marriage Act, 1955 if it contravenes which of the following conditions specified in Section 5?

Which of the following is a ground on which a marriage is voidable under Section 12 of the Hindu Marriage Act, 1955?

Under Section 13B(2) of the Hindu Marriage Act, 1955, the motion for a decree of divorce by mutual consent is to be made by both parties on a petition presented to the court:

In Smt. Seema v. Ashwani Kumar, AIR 2006 SC 1158, the Supreme Court of India directed that:

Under Section 13 of the Transfer of Property Act, 1882, where on a transfer of property an interest is created for the benefit of a person not in existence at the date of the transfer, the interest created for the benefit of such unborn person:

Section 3 of the Transfer of Property Act, 1882, while defining 'immovable property', expressly excludes:

Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of a value of one hundred rupees or more, sale can be made only by:

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 is deemed to be a lease:

A leading authority on the interplay of Section 6(a) and Section 43 of the Transfer of Property Act, holding that a transferee who takes a transfer for consideration on the faith of a representation of present ownership is protected by Section 43 even though the transferor in fact had only a spes successionis, is:

A, the real owner, allows B to hold himself out as the owner of a house with A's implied consent. B sells the house to C for consideration. C, after taking reasonable care to ascertain B's power to transfer, buys it in good faith. The real owner A later sues to set aside the sale on the ground that B was not authorised to transfer. Under the Transfer of Property Act, the transfer is:

With reference to the Transfer of Property Act, match List I with List II and select the correct answer using the codes below: List I (P) Transfer by ostensible owner (Q) Doctrine of election (R) Doctrine of lis pendens (S) Doctrine of part performance List II (i) Section 35 (ii) Section 41 (iii) Section 53A (iv) Section 52

For the doctrine of lis pendens under Section 52 of the Transfer of Property Act to apply, the pending suit or proceeding in which a right to immovable property is directly and specifically in question must be:

Under Section 122 of the Transfer of Property Act, where a gift of movable or immovable property is made voluntarily and without consideration, but the donee dies before acceptance, the gift is:

Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation:

Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the proceeding may be instituted, preferred or made:

The benefit of condonation of delay on showing 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available to:

The principle embodied in Section 9 of the Limitation Act, 1963 is best expressed by the maxim that, once time has begun to run:

In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is excluded?

Where a suit is based upon the fraud of the defendant or the plaintiff seeks relief from the consequences of a mistake, Section 17 of the Limitation Act, 1963 provides that the period of limitation:

For an acknowledgment of liability to furnish a fresh starting point of limitation under Section 18 of the Limitation Act, 1963, the acknowledgment must be:

A fresh period of limitation under Section 19 of the Limitation Act, 1963 starts on:

Section 27 of the Limitation Act, 1963 is an exception to the general rule that limitation bars only the remedy, because it provides that on the determination of the period limited for instituting a suit for possession of any property:

A perpetual injunction is granted to prevent the breach of an obligation existing in favour of the plaintiff under Section 38 of the Specific Relief Act, 1963. Where such obligation arises from contract, the court shall be guided by:

Under the Specific Relief Act, 1963, a person entitled to possession of specific movable property may recover it under Section 8 where the person in possession holds the article:

A person dispossessed of immovable property otherwise than in due course of law may sue to recover possession under Section 6 of the Specific Relief Act, 1963. Such a suit must be brought within:

With respect to an order or decree passed in a suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession, which of the following is correct?

After the Specific Relief (Amendment) Act, 2018, the nature of the court's jurisdiction to grant specific performance of a contract is best described as:

Under Section 14 of the Specific Relief Act, 1963 (as amended in 2018), which of the following contracts can NOT be specifically enforced?

After the Specific Relief (Amendment) Act, 2018, a plaintiff seeking specific performance under Section 16(c) is required to:

A person who is uncertain whether an instrument is chargeable with duty, or as to the amount of duty payable, may bring it to the Collector to determine the proper duty. This adjudication procedure is provided under:

Under Section 29 of the Indian Stamp Act, 1899, in the absence of any agreement to the contrary, the expense of providing the proper stamp on a lease or agreement to lease shall be borne by:

An instrument which is not duly stamped and is therefore inadmissible in evidence under Section 35 of the Indian Stamp Act, 1899:

Assertion (A): An instrument executed out of India, not being a bill of exchange or promissory note, may be stamped within three months after it is first received in India. Reason (R): Section 17 of the Indian Stamp Act requires that all instruments executed in India be stamped before or at the time of execution. Choose the correct alternative:

Match List I (instrument under Section 29 of the Indian Stamp Act, 1899) with List II (person liable to bear stamp duty in absence of contrary agreement) and select the correct answer using the codes below: List I: (P) Conveyance (Q) Lease (R) Counterpart of a lease (S) Certificate of sale List II: (i) Lessor (ii) Lessee (iii) Purchaser (iv) Grantee

Under Section 142(1)(c) of the Negotiable Instruments Act, 1881, no court inferior to that of a ____ shall try an offence punishable under Section 138:

Where a cheque is delivered for collection through an account, Section 142(2)(a) provides that the offence under Section 138 shall be inquired into and tried only by the court within whose local jurisdiction:

Section 143 of the Negotiable Instruments Act, 1881 empowers the Magistrate to try offences under Chapter XVII summarily; however, in such a summary trial the Magistrate may pass a sentence of imprisonment not exceeding:

Under Section 143(3) of the Negotiable Instruments Act, 1881, an endeavour shall be made to conclude the trial within ____ from the date of filing of the complaint:

Under Section 143A of the Negotiable Instruments Act, 1881, the interim compensation that the court may direct the drawer to pay during the pendency of a Section 138 complaint shall NOT exceed:

Under Section 42 of the H.P. Excise Act, 2011, when convicting a person under Section 41, the court may order payment of compensation to the legal representatives of each deceased of an amount not less than:

Which one of the following statements regarding the bailable character of offences under the H.P. Excise Act, 2011 is correct?

Under the appeal mechanism in Section 68 of the H.P. Excise Act, 2011, a person aggrieved by an order passed by an Excise Officer may, within thirty days of communication of the order, appeal to the:

Under Section 66 of the H.P. Excise Act, 2011, the Collector may compound certain offences by accepting a sum of money which shall not exceed:

Under the H.P. Excise Act, 2011, the officer in whom the general superintendence and administration of all matters relating to excise vests, and who exercises all the powers of the Financial Commissioner, is:

Section 9 of the Wild Life (Protection) Act, 1972 prohibits the hunting of wild animals specified in:

Under Section 11(1)(a) of the Wild Life (Protection) Act, 1972, permission to hunt a wild animal specified in Schedule I which has become dangerous to human life may be granted by:

Under the definition of 'hunting' in Section 2(16) of the Wild Life (Protection) Act, 1972, which of the following is included?

Under the scheme of the Wild Life (Protection) Act, 1972, a Sanctuary and a National Park are respectively declared by:

A person who, in a reserved forest, quarries stone, burns lime or charcoal, or removes any forest-produce in contravention of Section 26 of the Indian Forest Act, 1927, is punishable with:

Under the Indian Forest Act, 1927, a "village-forest" is constituted when the State Government:

Under Section 29 of the Indian Forest Act, 1927, before a notification declaring a forest-land or waste-land to be a "protected forest" is made, the record of the nature and extent of the rights of Government and of private persons therein:

Penalties for acts in contravention of a notification under Section 30 or of rules under Section 32 (i.e. offences relating to protected forests) are provided in which section of the Indian Forest Act, 1927?

In the definition clause of the Himachal Pradesh Courts Act, 1976, the expression 'District Judge':

Under the Himachal Pradesh Courts Act, 1976 read with its definition clause, the expression 'Small Cause' is to be construed in accordance with:

An appeal from a decree or order passed by a District Judge in a suit in the exercise of his original civil jurisdiction under the Himachal Pradesh Courts Act, 1976 lies to:

In State of Punjab v. Gurmit Singh (1996), while emphasising judicial sensitivity towards the prosecutrix, the Supreme Court directed that the trial of rape cases should ordinarily be conducted:

The presumption under Section 29 of the POCSO Act, 2012, that the accused has committed the offence unless the contrary is proved, applies where a person is prosecuted for committing, abetting or attempting an offence under: