Himachal Pradesh Judiciary Mock Test 10 — Questions & Solutions
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Where an appeal from an original or appellate decree or order has been heard and decided by a single Judge of a High Court, the bar on any further appeal, notwithstanding anything in any Letters Patent, is contained in:
aSection 100 of the Code of Civil Procedure, 1908
bSection 96 of the Code of Civil Procedure, 1908
cSection 100A of the Code of Civil Procedure, 1908
dSection 104 of the Code of Civil Procedure, 1908
Answer: C
Section 100A, beginning with a non-obstante clause overriding any Letters Patent, provides that where an appeal is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge.
On the reversal of a decree in appeal, the court of first instance, on an application of any party entitled to a benefit, shall place the parties so far as may be in the position they would have occupied. The power to grant such restitution is contained in:
aSection 148 of the Code of Civil Procedure, 1908
bSection 152 of the Code of Civil Procedure, 1908
cSection 144 of the Code of Civil Procedure, 1908
dSection 151 of the Code of Civil Procedure, 1908
Answer: C
Section 144 deals with restitution: where a decree is varied or reversed in appeal, revision or otherwise, the court which passed the decree shall, on application, cause restitution to be made to place the parties in the position they would have occupied but for the decree.
A person claiming a right to appear before the court on the hearing of an application made, or expected to be made, in a suit may lodge a caveat. This provision is found in:
aSection 151 of the Code of Civil Procedure, 1908
bSection 148A of the Code of Civil Procedure, 1908
cSection 149 of the Code of Civil Procedure, 1908
dSection 148 of the Code of Civil Procedure, 1908
Answer: B
Section 148A provides for the lodging of a caveat by a person claiming a right to be heard on an application; once a caveat is lodged, the court must serve notice of the application on the caveator before passing any order.
Nothing in the Code of Civil Procedure, 1908 shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. This is recognised by:
aSection 150 of the Code of Civil Procedure, 1908
bSection 151 of the Code of Civil Procedure, 1908
cSection 153 of the Code of Civil Procedure, 1908
dSection 148 of the Code of Civil Procedure, 1908
Answer: B
Section 151 saves the inherent powers of a civil court to make orders necessary for the ends of justice or to prevent abuse of process; it does not confer new powers but preserves those inherent in the court.
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 service of summons, and the period within which the court may, for recorded reasons, allow its filing shall not be later than:
aSixty days from the date of service of summons
bOne hundred and twenty days from the date of service of summons
cForty-five days from the date of service of summons
dNinety days from the date of service of summons
Answer: D
Order VIII, Rule 1 requires the written statement within thirty days of service of summons; where the defendant fails, the court may allow filing on a later day for recorded reasons, but not later than ninety days from service of summons.
A defendant against whom an ex parte decree has been passed may apply to set it aside on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing. Such an application is made under:
aOrder IX, Rule 9 of the Code of Civil Procedure, 1908
bOrder IX, Rule 13 of the Code of Civil Procedure, 1908
cOrder IX, Rule 4 of the Code of Civil Procedure, 1908
dOrder IX, Rule 7 of the Code of Civil Procedure, 1908
Answer: B
Order IX, Rule 13 allows the defendant to apply for setting aside an ex parte decree where the summons was not duly served or he was prevented by sufficient cause from appearing; Order IX, Rule 9 by contrast deals with dismissal of a suit for the plaintiff's default.
A temporary injunction may be granted under Order XXXIX, Rule 1 of the Code of Civil Procedure, 1908 where it is proved by affidavit or otherwise that:
aThe defendant threatens to dispossess the plaintiff or otherwise cause injury in relation to any property in dispute
bAny of the above circumstances exists
cThe defendant threatens to remove or dispose of his property with a view to defrauding his creditors
dAny property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit
Answer: B
Order XXXIX, Rule 1 permits a temporary injunction where property in dispute is in danger of being wasted, damaged or alienated, or wrongfully sold in execution, or where the defendant threatens to defraud creditors or to dispossess or injure the plaintiff in respect of disputed property.
Appeals from the decrees and orders of Subordinate Judges in Himachal Pradesh lie, depending on valuation, to the District Judge and the High Court as provided by the Himachal Pradesh Courts Act, 1976; under the parent Code, the court before which an appeal from an original decree of a court subordinate to the High Court ordinarily lies is determined by:
aSection 100 of the Code of Civil Procedure, 1908 alone
bSection 104 of the Code of Civil Procedure, 1908 alone
cSection 96 read with Section 3 of the Code of Civil Procedure, 1908
dSection 115 of the Code of Civil Procedure, 1908
Answer: C
Section 96 confers the right of first appeal from every original decree, and Section 3 fixes the gradation of courts subordinate to the High Court; together they govern the forum of first appeal, which in Himachal Pradesh is allocated between the District Judge and the High Court by the H.P. Courts Act, 1976.
Under Section 2(12) of the Code of Civil Procedure, 1908, "mesne profits" of property mean those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but:
aIncluding the profits due to improvements made by the person in wrongful possession
bExcluding any interest on such profits in every case
cIncluding only the profits actually received and nothing more
dExcluding the profits due to improvements made by the person in wrongful possession
Answer: D
Section 2(12) defines mesne profits as profits actually received or which might with ordinary diligence have been received, together with interest, but does not include profits due to improvements made by the person in wrongful possession.
A formal expression of any decision of a Civil Court which is not a decree is defined as an "order". This definition is contained in:
aSection 2(14) of the Code of Civil Procedure, 1908
bSection 2(2) of the Code of Civil Procedure, 1908
cSection 2(9) of the Code of Civil Procedure, 1908
dSection 2(16) of the Code of Civil Procedure, 1908
Answer: A
Section 2(14) defines "order" as the formal expression of any decision of a Civil Court which is not a decree; "decree" is defined separately in Section 2(2).
Under Section 10 of the Code of Civil Procedure, 1908 (stay of suit), a Court shall not proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties where such previously instituted suit is pending:
aIn the same Court or in any other Court in India having jurisdiction, or before the Supreme Court
bOnly in the same Court in which the later suit is pending
cOnly in a court subordinate to the court in which the later suit is pending
dOnly in a court of superior jurisdiction
Answer: A
Section 10 bars trial of the later suit where the previously instituted suit between the same parties on the same matter is pending in the same Court or any other competent Court in India, or before the Supreme Court.
The doctrine of constructive res judicata, by which any matter which might and ought to have been made a ground of defence or attack in the former suit is deemed to have been directly and substantially in issue, is embodied in:
aExplanation VI to Section 11 of the Code of Civil Procedure, 1908
bExplanation VIII to Section 11 of the Code of Civil Procedure, 1908
cExplanation IV to Section 11 of the Code of Civil Procedure, 1908
dExplanation I to Section 11 of the Code of Civil Procedure, 1908
Answer: C
Explanation IV to Section 11 embodies constructive res judicata: any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been a matter directly and substantially in issue.
A suit for compensation for wrong done to immovable property, where the relief sought can be entirely obtained through the defendant's personal obedience, may under the proviso to Section 16 of the Code of Civil Procedure, 1908 be instituted:
aOnly in the Court within whose jurisdiction the defendant resides
bOnly in the Court within whose jurisdiction the cause of action arose
cEither where the property is situate, or where the defendant actually and voluntarily resides, carries on business or personally works for gain
dOnly in the Court within whose jurisdiction the property is situate
Answer: C
The proviso to Section 16 permits, where relief can be entirely obtained through the defendant's personal obedience, institution either where the property is situate or where the defendant resides, carries on business or personally works for gain.
The general power of a High Court or District Court to transfer or withdraw, at any stage, any suit, appeal or other proceeding pending before it or any subordinate Court, is conferred by:
aSection 23 of the Code of Civil Procedure, 1908
bSection 24 of the Code of Civil Procedure, 1908
cSection 22 of the Code of Civil Procedure, 1908
dSection 25 of the Code of Civil Procedure, 1908
Answer: B
Section 24 confers the general power of transfer and withdrawal on the High Court and District Court; Section 25 deals with the Supreme Court's power to transfer cases from one State to another.
Under Section 96(4) of the Code of Civil Procedure, 1908, 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 where the amount or value of the subject-matter of the original suit does not exceed:
aThree thousand rupees
bTen thousand rupees
cFive thousand rupees
dTwenty-five thousand rupees
Answer: B
Section 96(4) bars first appeals, except on a question of law, from decrees in suits of a Small Cause nature where the value of the subject-matter does not exceed ten thousand rupees.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court from an appellate decree only if the High Court is satisfied that:
aThe case involves a substantial question of law
bThe value of the subject-matter exceeds twenty thousand rupees
cThe findings of the lower appellate court are erroneous on facts
dEither party applies within thirty days of the decree
Answer: A
Section 100 confines second appeals to cases involving a substantial question of law, which the High Court must formulate; pure questions of fact or re-appreciation of evidence are not grounds for a second appeal.
Where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, Section 100A of the Code of Civil Procedure, 1908 provides that:
aA further appeal shall lie directly to the Supreme Court as of right
bA further appeal shall lie to a Division Bench of that High Court
cA further appeal shall lie only with the leave of the Single Judge
dNo further appeal shall lie from the judgment and decree of such Single Judge
Answer: D
Section 100A (as substituted by the 2002 amendment) bars any further appeal where a Single Judge of the High Court has heard and decided an appeal from an original or appellate decree or order.
A revision under Section 115 of the Code of Civil Procedure, 1908 lies to the High Court in a case decided by a subordinate Court in which no appeal lies thereto, where the subordinate Court appears to have:
aDecided the case on an erroneous appreciation of evidence
bExercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction
cPassed a decree for an amount exceeding its pecuniary jurisdiction only
dDelayed the disposal of the suit beyond a reasonable period
Answer: B
Section 115 permits revision only on jurisdictional errors: where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity in exercising its jurisdiction.
In Salem Advocate Bar Association, Tamil Nadu v. Union of India (2005), the Supreme Court of India:
aHeld that Section 89 of the Code of Civil Procedure is ultra vires the Constitution
bStruck down the 1999 and 2002 amendments to the Code of Civil Procedure as unconstitutional
cHeld the time-limit in Order VIII, Rule 1 to be strictly mandatory with no power of extension
dUpheld the constitutional validity of the 1999 and 2002 amendments and held the time-limit in Order VIII, Rule 1 to be directory and not mandatory
Answer: D
In Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344, the Court upheld the validity of the 1999 and 2002 CPC amendments and held the 90-day limit for filing a written statement under Order VIII Rule 1 to be directory.
Under the Bharatiya Nyaya Sanhita, 2023, criminal conspiracy is defined and made punishable under:
aSection 61
bSection 111
cSection 120B
dSection 120A
Answer: A
Section 61 of the BNS, 2023 defines criminal conspiracy and prescribes its punishment, the corresponding IPC provisions having been Sections 120A and 120B.
Under Section 356 of the Bharatiya Nyaya Sanhita, 2023, a person who defames another may, apart from simple imprisonment up to two years or fine or both, also be punished with:
aCommunity service
bRigorous imprisonment up to three years
cExternment
dForfeiture of property
Answer: A
Section 356 of the BNS, 2023 introduces community service as an alternative punishment for defamation, in addition to simple imprisonment up to two years, or fine, or both.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is defined and the punishment for murder is prescribed, respectively, in:
aSection 103 and Section 105
bSection 101 and Section 103
cSection 100 and Section 102
dSection 302 and Section 304
Answer: B
Section 101 of the BNS, 2023 defines 'murder' and Section 103 prescribes the punishment for murder (death or imprisonment for life, and fine), corresponding to Sections 300 and 302 of the erstwhile IPC.
A thrusts a spear into the abdomen of B intending to cause that particular injury, which is sufficient in the ordinary course of nature to cause death; B dies. Following the principle in Virsa Singh v. State of Punjab, A is guilty of murder under which clause of Section 101 of the Bharatiya Nyaya Sanhita, 2023?
aClause 'secondly'
bClause 'firstly' (intention to cause death)
cClause 'fourthly'
dClause 'thirdly' (intention to cause an injury sufficient in the ordinary course of nature to cause death)
Answer: D
Virsa Singh v. State of Punjab, AIR 1958 SC 465, interpreted clause 'thirdly' (now Section 101 thirdly, BNS), holding that intention to inflict the particular injury, which is objectively sufficient to cause death, makes the act murder even without an intention to kill.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for 'attempt to murder' is contained in:
aSection 110
bSection 107
cSection 109
dSection 307
Answer: C
Section 109 of the BNS, 2023 deals with attempt to murder (corresponding to Section 307 IPC), prescribing imprisonment up to ten years, and where hurt is caused, up to imprisonment for life.
The Bharatiya Nyaya Sanhita, 2023 introduces a distinct offence of 'snatching'. Under which section is snatching dealt with?
aSection 303
bSection 309
cSection 304
dSection 379
Answer: C
Section 304 of the BNS, 2023 is a new provision under which theft becomes 'snatching' where the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property from a person or his possession.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit robbery, the offence is termed:
aOrganised crime under Section 111
bExtortion under Section 308
cDacoity under Section 310
dRobbery under Section 309
Answer: C
Section 310 of the BNS, 2023 defines dacoity: when five or more persons conjointly commit or attempt to commit a robbery, every person so committing, attempting or aiding is said to commit dacoity (corresponding to Section 391 IPC).
The offence formerly known as 'sedition' under Section 124A of the Indian Penal Code has been replaced. Under the Bharatiya Nyaya Sanhita, 2023, acts endangering the sovereignty, unity and integrity of India are dealt with under:
aSection 147
bSection 124A
cSection 152
dSection 113
Answer: C
Section 152 of the BNS, 2023 penalises acts endangering the sovereignty, unity and integrity of India; the IPC's sedition provision (Section 124A) has not been retained in its old form.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal conspiracy' is defined in:
aSection 45
bSection 120B
cSection 120A
dSection 61
Answer: D
Section 61 of the BNS, 2023 defines criminal conspiracy as an agreement of two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means (corresponding to Sections 120A/120B IPC).
Under the Bharatiya Nyaya Sanhita, 2023, a person 'abets the doing of a thing' by instigating, by engaging in conspiracy, or by intentionally aiding the act. This definition of abetment is contained in:
aSection 45
bSection 44
cSection 108
dSection 107
Answer: A
Section 45 of the BNS, 2023 defines abetment (corresponding to Section 107 IPC), covering instigation, conspiracy and intentional aiding.
The right of private defence of the body extends, under the Bharatiya Nyaya Sanhita, 2023, to the voluntary causing of death of the assailant in cases such as an assault reasonably causing apprehension of death or grievous hurt. This is provided in:
aSection 38
bSection 100
cSection 37
dSection 34
Answer: A
Section 38 of the BNS, 2023 enumerates the situations in which the right of private defence of the body extends to causing death (corresponding to Section 100 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, 'dowry death' of a woman is dealt with under:
aSection 86
bSection 85
cSection 304B
dSection 80
Answer: D
Section 80 of the BNS, 2023 deals with dowry death (corresponding to Section 304B IPC), where a woman dies of burns, bodily injury or otherwise than under normal circumstances within seven years of marriage in connection with a dowry demand.
Cruelty to a woman by her husband or his relatives, formerly Section 498A of the Indian Penal Code, is now contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 85
bSection 86
cSection 84
dSection 80
Answer: A
Section 85 of the BNS, 2023 punishes a husband or his relative who subjects a woman to cruelty (corresponding to Section 498A IPC); Section 86 supplies the definition of 'cruelty'.
The Bharatiya Nyaya Sanhita, 2023, for the first time, defines and punishes 'organised crime' as a substantive offence. This is contained in:
aSection 112
bSection 152
cSection 113
dSection 111
Answer: D
Section 111 of the BNS, 2023 introduces 'organised crime' (continuing unlawful activity by a syndicate); Section 112 deals with 'petty organised crime' and Section 113 with 'terrorist act'.
Under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the composition (compounding) of an offence shall have the effect of:
aAn acquittal of the accused with whom the offence has been compounded
bA conviction with reduced sentence
cA mere stay of proceedings
dA discharge of the accused
Answer: A
Section 359 BNSS provides that the composition of an offence under that section has the effect of an acquittal of the accused with whom the offence has been compounded.
Which of the following is a procedural innovation expressly introduced for the first time by the Bharatiya Nagarik Suraksha Sanhita, 2023, having no specific statutory provision in the Code of Criminal Procedure, 1973?
aPower of the Court to take cognizance of offences
bThe classification of offences into bailable and non-bailable
cThe provision for anticipatory bail
dA statutory mandate on every State Government to prepare and notify a Witness Protection Scheme
Answer: D
Section 398 BNSS, for the first time, statutorily mandates every State Government to prepare and notify a Witness Protection Scheme; the CrPC contained no such express provision.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made in respect of an offence punishable with imprisonment of less than three years where the person is infirm or above the age of sixty years, without the prior permission of an officer:
aNot below the rank of the Deputy Superintendent of Police
bNot below the rank of the Station House Officer
cNot below the rank of the Superintendent of Police
dNot below the rank of an Inspector of Police
Answer: A
The proviso to Section 35(7) BNSS, 2023 is a fresh safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
Under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of twenty-four hours within which an arrested person must be produced before a Magistrate, in the absence of a special order under Section 187, is computed:
aFrom the hour at which the First Information Report is registered, irrespective of the hour of arrest
bIncluding the time necessary for the journey from the place of arrest to the Magistrate's Court
cExclusive of the journey time only if the Magistrate has jurisdiction over the case
dExclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not
Answer: D
Section 58 BNSS, 2023 reproduces the 24-hour rule and expressly clarifies that the period is exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether or not that Magistrate has jurisdiction.
Which one of the following statements regarding registration of a First Information Report under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is NOT correct?
aInformation relating to the commission of a cognizable offence may be given orally or by electronic communication
bSuch information must be registered irrespective of the area where the offence is committed
cFor certain specified offences punishable for three years or more but less than seven years, the officer may conduct a preliminary enquiry with prior permission of a superior officer
dA police officer may refuse to register information relating to a cognizable offence on the ground that it was committed outside his territorial jurisdiction
Answer: D
Section 173 BNSS statutorily codifies the 'Zero FIR' by mandating registration irrespective of the area where the offence is committed, so refusal on the ground of lack of territorial jurisdiction is impermissible; options (a), (b) and (c) correctly state the provision.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence and to videograph the process is made mandatory for offences punishable with imprisonment for a term of:
aTen years or more
bThree years or more
cSeven years or more
dFive years or more
Answer: C
Section 176(3) BNSS, 2023 makes it obligatory, for offences punishable with imprisonment of seven years or more, that a forensic expert visit the crime scene to collect forensic evidence and cause the process to be videographed.
A Judicial Magistrate is empowered to record a confession or statement made to him in the course of an investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023 by virtue of:
aSection 187 of the BNSS, 2023
bSection 193 of the BNSS, 2023
cSection 183 of the BNSS, 2023
dSection 180 of the BNSS, 2023
Answer: C
Section 183 BNSS, 2023 (corresponding to Section 164 CrPC) empowers a Magistrate to record confessions and statements during investigation, and now permits such recording, including by audio-video electronic means.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period within which investigation must be completed, failing which the accused becomes entitled to be released on bail, for an offence punishable with imprisonment for a term exceeding ten years, is:
aSixty days
bNinety days
cOne hundred and eighty days
dSeventy-five days
Answer: B
Under Section 187 BNSS, the default-bail period is ninety days for offences punishable with death, imprisonment for life, or imprisonment for a term exceeding ten years; for all other offences it is sixty days.
An order for maintenance of wives, children and parents who are unable to maintain themselves is now provided under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 144
bSection 125
cSection 152
dSection 131
Answer: A
Section 144 BNSS, 2023 (corresponding to Section 125 CrPC) provides for an order for maintenance of wives, children and parents who are unable to maintain themselves.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a search or seizure is conducted under the Sanhita, the process of recording the list of seized articles and signatures of witnesses shall be:
aConducted only in the presence of a Judicial Magistrate
bDispensed with where the search is made by an officer above the rank of Inspector
cRecorded through audio-video electronic means, preferably a mobile phone
dReduced to writing but no electronic recording is permitted
Answer: C
Section 105 BNSS, 2023 is a new provision mandating that the recording of search and seizure, including the preparation of the list of seized articles, be done through audio-video electronic means, preferably a mobile phone.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which permits trial and pronouncement of judgment in the absence of a proclaimed offender, the Court shall commence such trial only after the expiry of a period of:
aOne hundred and eighty days from the date of issue of proclamation
bSixty days from the date of framing of the charge
cNinety days from the date of framing of the charge
dThirty days from the date of framing of the charge
Answer: C
Section 356 BNSS, 2023 introduces trial in absentia of a proclaimed offender and requires the Court to commence the trial only after ninety days have elapsed from the date of framing of the charge.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict on whom a sentence of death has been passed (or his legal heir or relative) may, after disposal of all appeals, submit a mercy petition to the Governor within:
aSixty days
bThirty days
cFifteen days
dNinety days
Answer: B
Section 472 BNSS, 2023 is a new provision prescribing time-limits for mercy petitions in death sentence cases: a petition may be made to the Governor within thirty days and, if rejected, to the President within sixty days.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a first-time offender who has never previously been convicted shall be released on bond where he has undergone detention for a period extending up to:
aOne-half of the maximum period of imprisonment specified for the offence
bThe whole of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS, 2023 newly provides that a first-time offender (never previously convicted) shall be released on bond on undergoing detention up to one-third of the maximum period of imprisonment prescribed for the offence.
Assertion (A): Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a summons may be served on a person by electronic communication.
Reason (R): The Sanhita recognises trial and proceedings in electronic mode and treats documents served by electronic communication as duly served.
Choose the correct alternative:
aBoth A and R are false
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 true, and R is the correct explanation of A
Answer: D
Section 64 BNSS, 2023 permits service of summons by electronic communication, and the Sanhita's broader recognition of electronic-mode proceedings is the reason such electronically served summons are treated as duly served; hence R correctly explains A.
On completion of the investigation, the officer in charge of a police station forwards a report to the Magistrate empowered to take cognizance of the offence under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 183
bSection 190
cSection 173
dSection 193
Answer: D
Section 193 BNSS, 2023 (corresponding to Section 173 CrPC) governs the police report on completion of investigation, i.e., the charge-sheet, forwarded to the Magistrate empowered to take cognizance.
After a charge-sheet has been filed and cognizance taken, an accused person seeking release pending trial must ordinarily move an application for regular bail under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 480
bSection 483
cSection 478
dSection 482
Answer: A
Section 480 BNSS, 2023 (corresponding to Section 437 CrPC) governs the grant of regular bail in non-bailable offences by a court other than the High Court or Court of Session; Section 482 deals with anticipatory bail.
A is accused of murdering B. The prosecution wishes to prove that A had previously attempted to poison B. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such evidence, tending to show motive, preparation and previous conduct, is admissible in:
aSection 12 (facts showing state of mind)
bSection 6 (motive, preparation and previous or subsequent conduct)
cSection 4 (facts forming part of the same transaction / res gestae)
dSection 9 (when facts not otherwise relevant become relevant)
Answer: B
Section 6 of the BSA (corresponding to Section 8 of the repealed IEA) makes any fact relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact, and the previous or subsequent conduct of a party; a prior attempt to poison evidences motive and preparation.
Consider the following statements regarding leading questions under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Statement I: Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in a re-examination, except with the permission of the Court. Statement II: Leading questions may be asked in cross-examination. Which is correct?
aOnly Statement I is correct
bOnly Statement II is correct
cBoth Statement I and Statement II are correct
dNeither Statement I nor Statement II is correct
Answer: C
Section 146 of the BSA (which consolidates Sections 141 to 143 of the repealed IEA) bars leading questions in examination-in-chief and re-examination if objected to, except with the Court's permission, while permitting leading questions in cross-examination. Both statements are therefore correct.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the expression 'a fact is said to be proved' is governed by the standard that:
aThe Court is satisfied of its existence with mathematical certainty
bAt least two witnesses have deposed to its existence
cThere is no possibility whatsoever of the fact not existing
dAfter considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought to act upon the supposition that it exists
Answer: D
Section 2(1)(j) of the BSA (corresponding to Section 3 of the repealed IEA) defines 'proved': a fact is proved when, after considering the matters before it, the Court either believes it to exist or considers its existence so probable that a prudent man ought, in the circumstances, to act upon the supposition that it exists. Proof rests on probability, not mathematical certainty.
Under Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:
aShall be proved against the accused only in non-cognizable cases
bShall not be proved as against a person accused of any offence
cMay be proved if recorded in the presence of a Magistrate
dMay be proved against the accused if it leads to discovery of a fact
Answer: B
Section 23(1) of the BSA (corresponding to Section 25 of the repealed IEA) imposes an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence. The discovery-of-fact exception is governed separately by the proviso to Section 23(2) BSA.
When a fact is deposed to as discovered in consequence of information received from a person accused of an offence in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is contained in:
aSection 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
The proviso to Section 23(2) of the BSA (corresponding to Section 27 of the repealed IEA) permits proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered, whether or not it amounts to a confession.
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 (dying declaration), is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in:
aSection 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 26(b) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 26(c) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 26(e) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
Clause (a) of Section 26, BSA makes relevant a statement as to the cause of death or the circumstances of the transaction resulting in death, where the cause of death comes into question. This is the dying declaration provision (formerly s.32(1) IEA).
A statement made by a deceased person which, if true, would have exposed him to a criminal prosecution or to a suit for damages, or which is against his pecuniary or proprietary interest, is relevant under:
aSection 26(b) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 26(d) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 26(c) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 26(g) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
Clause (c) of Section 26, BSA covers statements against the pecuniary or proprietary interest of the maker, or which would expose him to criminal prosecution or a suit for damages. Clause (b) deals with statements made in the ordinary course of business.
When the Court has to form an opinion on any matter relating to information transmitted or stored in any computer resource or other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in Section 79A of the Information Technology Act, 2000 is a relevant fact under:
aSection 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 39(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 41 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: B
Section 39(2), BSA makes the opinion of the Examiner of Electronic Evidence (under Section 79A of the IT Act, 2000) a relevant fact and, by its Explanation, treats him as an expert; this carries forward the former s.45A IEA.
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where an accused pleads a General Exception in the Bharatiya Nyaya Sanhita, 2023, the burden of proving the existence of circumstances bringing the case within that exception:
aLies on the prosecution, which must disprove it beyond reasonable doubt
bLies on neither party as it is a pure question of law
cLies on the Court to investigate suo motu
dLies on the accused, and the Court shall presume the absence of such circumstances
Answer: D
Section 108, BSA places the burden of proving a General Exception (or any special exception or proviso) upon the accused, and directs the Court to presume the absence of such circumstances.
Choose the correct statement regarding the testimony of an accomplice under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aAn accomplice is not a competent witness against an accused person
bA conviction based solely on an accomplice's testimony is always illegal and void
cAn accomplice is a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
dAn accomplice may testify only after he is granted a pardon
Answer: C
Section 138 of the BSA, 2023 declares an accomplice a competent witness against an accused person and, as enacted, provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice'. This departs from the repealed Section 133 of the Indian Evidence Act (which spoke of 'uncorroborated' testimony); read with illustration (b) to Section 119 BSA, corroboration of accomplice evidence is now emphasised.
The presumption that an accomplice is unworthy of credit unless he is corroborated in material particulars is found in:
aSection 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 119, Illustration (a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 119, Illustration (b) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
Illustration (b) to Section 119 of the BSA permits the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars. The word 'may' in Section 119 keeps it a presumption of fact (rule of prudence).
Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must in all cases be direct. This means that if it refers to a fact which could be seen:
aIt must be supported by documentary evidence of the fact
bIt must be the evidence of a witness who says he saw it
cIt may be given by any witness having general knowledge of the fact
dIt may be the evidence of a witness who heard about it from an eyewitness
Answer: B
Section 55, BSA requires oral evidence to be direct: a fact that could be seen must be proved by a witness who says he saw it. The section excludes hearsay.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a person may be prevented from being a competent witness if he is incapable of understanding the questions put to him or giving rational answers by reason of:
aTender years, extreme old age, disease of body or mind, or any other cause of the same kind
bMere illiteracy of the witness
cConviction for a previous offence
dBeing an interested party to the proceeding
Answer: A
Section 124, BSA makes all persons competent to testify unless prevented from understanding questions or giving rational answers by tender years, extreme old age, disease of body or mind, or any other cause of the same kind.
A statement, written or verbal, of relevant facts made by a person who is dead or who cannot be found, when made in the ordinary course of business, such as an entry in books kept in the course of business, is relevant under:
aSection 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 26(b) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 26(d) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 28 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: B
Clause (b) of Section 26, BSA makes relevant statements made in the ordinary course of business, including entries or memoranda in books kept in the ordinary course of business or in discharge of professional duty.
The expression 'omnia praesumuntur rite et solemniter esse acta' as reflected in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) relates to the presumption that:
aAll official and judicial acts have been regularly and rightly performed
bA man missing for seven years is presumed dead
cEvery accused is presumed innocent until proved guilty
dA document thirty years old is presumed genuine
Answer: A
The maxim, reflected in Section 119, BSA (and its illustration (e)), means all acts are presumed to have been rightly and regularly done; the Court may presume that judicial and official acts have been regularly performed.
Confessions made while a person is in the custody of a police officer, unless made in the immediate presence of a Magistrate, shall not be proved against him. This rule is contained in:
aSection 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 23(2), BSA provides that no confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved against him. Section 23(1) deals with confessions made to a police officer (corresponding to the bar in former ss.25-26 IEA). The proviso to s.23(2) preserves admissibility of so much of the information as relates distinctly to a fact discovered (former IEA s.27).
An agreement the consideration or object of which is of such a nature that, if permitted, it would defeat the provisions of any law, is, under Section 23 of the Indian Contract Act, 1872:
aValid if the parties were unaware of the illegality
bUnlawful, and the agreement is void
cVoidable at the option of the aggrieved party
dValid but unenforceable
Answer: B
Section 23 makes the consideration or object unlawful, inter alia, where it would defeat the provisions of any law, and every agreement of which the object or consideration is unlawful is void.
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration on account of natural love and affection between parties standing in a near relation to each other is a valid contract only if it is:
aAttested by a Notary Public
bReduced to writing but registration is not necessary
cMade orally before two witnesses
dExpressed in writing and registered
Answer: D
Clause (1) of Section 25 saves an agreement made without consideration on account of natural love and affection between near relations only where it is 'expressed in writing and registered' under the law for registration of documents. Mere writing without registration is insufficient.
Which of the following statements regarding the form of a contract under the Indian Contract Act, 1872 is correct?
aA contract of indemnity under Section 124 must always be in writing
bA contract of guarantee must always be in writing and registered
cA contract of guarantee under Section 126 may be either oral or written
dBoth a contract of guarantee and a contract of indemnity must be in writing
Answer: C
Section 126 expressly provides that 'a guarantee may be either oral or written'. There is no statutory requirement that a contract of guarantee or indemnity be in writing or registered under the Act.
A contract to do an act which, after the contract is made, becomes impossible or, by reason of some event which the promisor could not prevent, becomes unlawful, is governed by:
aSection 23, and the contract is void ab initio
bThe first paragraph of Section 56, dealing with an agreement to do an act impossible in itself
cSection 36, dealing with contingent agreements
dThe second paragraph of Section 56 (subsequent impossibility), and the contract becomes void
Answer: D
The first paragraph of Section 56 deals with an act impossible in itself (void ab initio), whereas the second paragraph deals with supervening or subsequent impossibility, under which a valid contract becomes void when performance later becomes impossible or unlawful (the doctrine of frustration, as explained in Satyabrata Ghose v. Mugneeram Bangur).
Where a sum is named in a contract as the amount to be paid in case of breach, or the contract contains a stipulation by way of penalty, Section 74 of the Indian Contract Act, 1872 entitles the party complaining of the breach to receive:
aThe whole sum named in the contract, automatically and irrespective of proof of loss
bDouble the amount stipulated as penalty
cReasonable compensation not exceeding the sum named or the penalty stipulated, whether or not actual loss is proved
dCompensation only on strict proof of the actual loss sustained, regardless of the sum named
Answer: C
Section 74 entitles the aggrieved party, 'whether or not actual damage or loss is proved', to reasonable compensation not exceeding the sum named or the penalty stipulated. The named sum is the ceiling, not an automatic entitlement; the court awards reasonable compensation within that limit.
Under Section 11 of the Indian Contract Act, 1872, an agreement entered into by a minor is:
aVoidable at the option of the minor
bValid but unenforceable against the minor only
cVoidable at the option of the other party
dVoid ab initio, as a minor is not competent to contract
Answer: D
Section 11 makes only a person of the age of majority (besides being of sound mind and not disqualified) competent to contract. A minor's agreement is therefore void ab initio, as settled in Mohori Bibee v. Dharmodas Ghose.
Under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to the contrary, an agent can neither personally enforce nor be personally bound by contracts made on behalf of his principal. However, a contract to the contrary is presumed to exist in which of the following cases?
aWhere the agent acts gratuitously without remuneration
bWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
cWhere the agency is created by ratification
dWhere the principal is a minor at the time of the contract
Answer: B
Section 230 presumes a contract to the contrary (i.e., the agent is personally liable) where the agent contracts for a merchant resident abroad, where he does not disclose the name of his principal, or where the principal, though disclosed, cannot be sued.
Under Section 125 of the Indian Contract Act, 1872, the promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor all costs which he may be compelled to pay in a suit, provided that the indemnity-holder:
aGave prior written notice of the suit to the promisor in every case
bIn bringing or defending the suit, did not contravene the promisor's orders and acted as it would have been prudent for him to act in the absence of any indemnity contract
cObtained a decree in his own favour in that suit
dPaid the costs only after the promisor's express ratification
Answer: B
Section 125 entitles the indemnity-holder to recover damages, costs and sums paid under a compromise; costs are recoverable if he did not contravene the promisor's orders and acted as a prudent person would in the absence of any indemnity contract, or with the promisor's authority.
A supplies B, a person of unsound mind, with necessaries suited to his condition in life. Under Section 68 of the Indian Contract Act, 1872, A is entitled to:
aBe reimbursed from the property of B
bRecover nothing, as the agreement with a lunatic is void ab initio
cRecover only from the guardian in his personal capacity
dRecover the price personally from B as if B were competent
Answer: A
Section 68 creates a quasi-contractual claim: where necessaries suited to his condition in life are supplied to a person incapable of contracting (or one he is legally bound to support), the supplier is entitled to reimbursement only from the incapable person's property, not from him personally.
Which of the following agreements is valid as an exception to Section 27 of the Indian Contract Act, 1872 (agreements in restraint of trade)?
aAn agreement restraining a person from exercising any lawful profession in return for a monthly pension
bAn agreement by an employee not to compete with his employer anywhere in India for life after leaving service
cAn agreement among traders to fix and maintain uniform selling prices in a market
dAn agreement by the seller of the goodwill of a business with the buyer to refrain from carrying on a like business within specified local limits, the limits appearing reasonable to the court
Answer: D
The statutory exception to Section 27 permits the seller of the goodwill of a business to agree with the buyer not to carry on a like business within specified local limits, so long as the buyer carries on a like business and the limits appear reasonable to the court given the nature of the business.
Under Section 14(2)(i) of the Himachal Pradesh Urban Rent Control Act, 1987, a landlord may seek eviction for non-payment of rent only where the tenant has failed to pay or tender the rent due, in the absence of any agreement fixing the time, within what period?
aWithin thirty days after the rent falls due
bWithin seven days of a written demand by the landlord
cWithin two months from the date the rent became payable
dWithin fifteen days after the expiry of the last day of the month next following that for which the rent is payable
Answer: D
Section 14(2)(i) requires payment within fifteen days after the expiry of the time fixed in the tenancy agreement, or, absent such agreement, by the last day of the month next following that for which rent is payable. Default of this period grounds an eviction application.
Where the Controller has made an order of eviction against a tenant on the ground of non-payment of rent under Section 14 of the H.P. Urban Rent Control Act, 1987, the tenant can still avoid eviction by paying the amount due within which period from the date of the order?
a45 days from the date of the order
b15 days from the date of the order
c30 days from the date of the order
d90 days from the date of the order
Answer: C
The proviso to Section 14(2)(i) protects a tenant ordered to be evicted for non-payment, declaring that he shall not be evicted if he pays the amount due within a period of 30 days from the date of the order.
On the first hearing of an eviction application for non-payment of rent under Section 14 of the H.P. Urban Rent Control Act, 1987, the tenant is deemed to have duly paid rent in time if he tenders the arrears together with interest and costs. At what rate of interest (for arrears pertaining to the period after the appointed day) must such arrears be tendered?
a12 per cent per annum
b18 per cent per annum
c9 per cent per annum
d6 per cent per annum
Answer: C
The first proviso to Section 14(2)(i) requires the tenant to tender arrears with interest at 9 per cent per annum (the second proviso prescribes 6 per cent only for arrears relating to the period prior to the appointed day).
Under Section 14(3)(a)(i) of the H.P. Urban Rent Control Act, 1987, a landlord seeking eviction of a tenant from a residential building for his own occupation must satisfy which of the following conditions?
aHe is not occupying another residential building owned by him in the urban area concerned, and has not vacated such a building without sufficient cause within five years of filing the application
bHe has obtained the prior written sanction of the appellate authority
cHe has owned the building for at least ten years before filing the application
dHe undertakes to deposit one year's rent as security with the Controller
Answer: A
The provisos to Section 14(3)(a)(i) bar the claim if the landlord is occupying another residential building owned by him in the urban area concerned, or has vacated such a building without sufficient cause within five years of filing the application.
Under Section 14(2)(ii) of the H.P. Urban Rent Control Act, 1987, a tenant becomes liable to eviction on the ground of subletting or transfer of his rights only if the tenant, after the commencement of the Act, did so:
aWithout the prior permission of the Controller
bWithout the written consent of the landlord
cWithout registering the sub-lease deed
dFor a rent higher than the fair rent
Answer: B
Section 14(2)(ii)(a) makes a tenant liable to eviction where, after commencement of the Act and without the written consent of the landlord, he transfers his rights under the lease or sublets the building or rented land or any portion thereof.
Under Section 14(2)(v) of the H.P. Urban Rent Control Act, 1987, a tenant may be evicted where he has ceased to occupy the building or rented land, without reasonable cause, for a continuous period of:
aThree months
bSix months
cTwelve months
dTwenty-four months
Answer: C
Section 14(2)(v) provides a ground of eviction where the tenant has ceased to occupy the building or rented land for a continuous period of twelve months without reasonable cause.
Under Section 12 of the H.P. Urban Rent Control Act, 1987, a residential building may be converted into a non-residential building:
aOnly with the sanction of the municipal authority
bOnly with the permission in writing of the Controller
cOnly after obtaining a no-objection from the existing tenant
dFreely, the Act imposing no restriction on conversion
Answer: B
Section 12 declares that no person shall convert a residential building into a non-residential building except with the permission in writing of the Controller.
Under Section 8 of the H.P. Urban Rent Control Act, 1987, which of the following is a landlord prohibited from claiming or receiving in consideration of the grant, renewal or continuance of a tenancy, in addition to the rent?
aInterest on rent paid in advance
bA refundable security deposit equal to one month's rent
cReasonable charges for repairs actually carried out
dAny premium, pugree, fine, advance or other like sum
Answer: D
Section 8(2) bars a landlord, in consideration of the grant, renewal or continuance of a tenancy or sub-tenancy, from claiming or receiving any premium, pugree, fine, advance or any other like sum in addition to the rent.
Under the definition clause, Section 2(b) of the H.P. Urban Rent Control Act, 1987, the expression "building" does NOT include:
aA godown let out along with the building
bA room in a hotel, hostel or boarding house
cAn out-house let out with the building
dFurniture let out together with the building
Answer: B
Section 2(b) defines "building" to include land, godowns, out-houses or furniture let out therewith, but expressly excludes a room in a hotel, hostel or boarding house.
Under Section 30(3) of the H.P. Urban Rent Control Act, 1987, a specified landlord who, having evicted a tenant under Section 15(2), fails to occupy the building for a continuous period of three months or re-lets it to a person other than the tenant, is punishable with:
aImprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both
bImprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both
cFine only, which may extend to two thousand rupees
dImprisonment which may extend to two years and fine
Answer: B
Section 30(3) punishes such a specified landlord with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Under Section 9 of the Hindu Marriage Act, 1955, where one spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply for:
aA decree of nullity
bDissolution of marriage by divorce
cRestitution of conjugal rights
dJudicial separation
Answer: C
Section 9 provides the remedy of restitution of conjugal rights, allowing the aggrieved spouse to petition the court when the other party has withdrawn from his or her society without reasonable excuse.
Following the substitution of Section 6 of the Hindu Succession Act, 1956 by the Amendment Act of 2005, which of the following was held by the Supreme Court in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1?
aA daughter becomes a coparcener by birth in her own right in the same manner as a son, irrespective of whether her father was alive on 9th September 2005
bA daughter becomes a coparcener only if her father was alive on 9th September 2005
cA daughter has no right by birth but only a right of succession on the death of the father
dThe amendment is purely prospective and benefits only daughters born after 9th September 2005
Answer: A
In Vineeta Sharma the Supreme Court held that the daughter is a coparcener by birth in her own right and the coparcenary right does not depend on the father being alive on the date of the 2005 amendment.
Which of the following is NOT a Class I heir in the Schedule to the Hindu Succession Act, 1956 (as it stood originally)?
aFather
bSon
cMother
dWidow
Answer: A
Under Section 8 read with the Schedule, the mother, widow, son and daughter are Class I heirs, whereas the father is a Class II heir of a Hindu male dying intestate.
Under Section 14(1) of the Hindu Succession Act, 1956, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her:
aAs a limited owner during her lifetime only
bOnly with the consent of the karta of the joint family
cAs a full owner thereof and not as a limited owner
dAs a trustee for the heirs of her husband
Answer: C
Section 14(1) converts the limited estate of a Hindu female into absolute ownership, declaring that property possessed by her shall be held as full owner and not as a limited owner.
The power of a Hindu to dispose of his interest in Mitakshara coparcenary property by will is expressly recognised by which provision of the Hindu Succession Act, 1956?
aSection 23
bSection 14
cSection 30
dSection 8
Answer: C
Section 30 of the Hindu Succession Act, 1956 enables a Hindu to dispose of, by will or other testamentary disposition, any property capable of being so disposed of, including his interest in Mitakshara coparcenary property.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male is to be adopted by a person having the capacity to adopt, one essential condition is that:
aThe adoptive person must not have a Hindu son, son's son or son's son's son living at the time of adoption
bThe adoption must be registered within thirty days
cThe adoptive father must be at least 21 years older than the child to be adopted
dThe natural father alone, and never the mother, may give the child in adoption
Answer: A
Section 11(i) requires that where a son is being adopted, the adoptive parent must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or adoption) living at the time of adoption.
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor boy in respect of the minor's person is:
aThe mother, and after her, the father
bThe father, and after him, the mother
cThe eldest paternal uncle of the minor
dAny person appointed by the court alone
Answer: B
Section 6(a) provides that in the case of a boy or an unmarried girl, the natural guardian is the father, and after him, the mother; the proviso ordinarily keeps custody of a child below five years with the mother.
Under Section 13 of the Hindu Minority and Guardianship Act, 1956, in the appointment or declaration of a guardian of a Hindu minor by a court, the paramount consideration shall be:
aThe preferential right of the father as natural guardian
bThe welfare of the minor
cThe financial standing of the proposed guardian
dThe wishes of the joint family elders
Answer: B
Section 13(1) declares that in appointing or declaring any person as guardian of a Hindu minor, the welfare of the minor shall be the paramount consideration, overriding any preferential statutory claim.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a male Hindu seeks to adopt a female child (or a female Hindu seeks to adopt a male child), one condition for a valid adoption is that the adoptive parent must be older than the person to be adopted by at least:
aTwenty-one years
bEighteen years
cTwenty-five years
dSixteen years
Answer: A
Section 11(iii) and (iv) of the Hindu Adoptions and Maintenance Act, 1956 require that in adoption of a child of the opposite sex, the adoptive father (or mother) must be at least twenty-one years older than the person to be adopted; this age-gap is mandatory.
Under Section 123 of the Transfer of Property Act, a gift of immovable property can be validly effected only by:
aDelivery of possession alone
bAn oral declaration before two witnesses
cA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
dAn unregistered writing signed by the donor
Answer: C
Section 123 mandates that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery suffices only for movable property.
A, professing to transfer to B a farm belonging to C, by the same instrument also gives C an estate of his own. C, accepting the instrument, takes A's estate. Under Section 35 of the Transfer of Property Act, C:
aMust elect, and if he retains A's benefit he must confirm the transfer of his own farm to B
bMay keep both A's estate and his own farm
cIs not bound to elect because his farm cannot pass without his consent
dMay rescind the whole instrument and recover damages from B
Answer: A
Under the doctrine of election (Section 35), a person who takes a benefit under an instrument must also bear the burden; C cannot approbate and reprobate, so by accepting A's estate he must confirm the transfer of his own farm to B.
The doctrine of subrogation, whereby a person redeeming a mortgage acquires the rights of the mortgagee whose mortgage he redeems, is contained in which section of the Transfer of Property Act?
aSection 82
bSection 100
cSection 90
dSection 92
Answer: D
Section 92 embodies the doctrine of subrogation: any person referred to in Section 91 (other than the mortgagor) and any co-mortgagor, on redeeming the property, has the same rights as the mortgagee whose mortgage he redeems.
Which of the following is NOT one of the six kinds of mortgage enumerated in Section 58 of the Transfer of Property Act?
aUsufructuary mortgage
bEquitable mortgage by oral promise without delivery of title-deeds
cEnglish mortgage
dMortgage by conditional sale
Answer: B
Section 58 recognises simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title-deeds, and anomalous mortgage. A mortgage by deposit of title-deeds requires actual delivery of the documents of title, so an oral promise without such delivery is not a recognised mortgage.
Under Section 14 of the Transfer of Property Act (rule against perpetuity), no transfer can create an interest taking effect after the lifetime of one or more living persons plus:
aA further period of eighteen months only
bThe lifetime of the transferee's eldest son
cThe minority of some person who shall be in existence at the expiration of that period
dA fixed period of twenty-one years thereafter
Answer: C
Section 14 permits postponement of vesting only up to the lives in being at the date of transfer plus the minority of a person in existence at the expiration of that period, to whom, on attaining majority, the interest is to belong.
Under Section 3 of the Transfer of Property Act, for an instrument to be validly 'attested', it is necessary that:
aBoth attesting witnesses must be present at the same time and see the executant sign
bOnly one witness is required if the instrument is registered
cThe witnesses must also be parties beneficially interested in the transfer
dEach of two or more witnesses has seen the executant sign or affix his mark, and each has signed in the presence of the executant
Answer: D
The definition of 'attested' in Section 3 requires two or more witnesses each of whom has seen the executant sign or affix his mark (or seen some other person sign on his direction), and each of whom has signed in the presence of the executant; it is not necessary that more than one witness be present at the same time.
Under Section 6 of the Transfer of Property Act, which of the following may be validly transferred?
aA right of re-entry expressly transferred along with the land affected thereby
bThe chance of an heir-apparent succeeding to an estate (spes successionis)
cA mere right to sue
dA public office or the salary of a public officer
Answer: A
Section 6 bars transfer of spes successionis [clause (a)], a mere right to sue [clause (e)], and a public office or salary of a public officer [clause (f)]. A right of re-entry can be transferred when made along with the land affected; standing alone it cannot be transferred apart from the land.
The doctrine of part performance under Section 53A of the Transfer of Property Act, after the 2001 amendment, can be availed of by the transferee to protect his possession only where, inter alia, the contract to transfer immovable property for consideration is:
aAn oral agreement supported by part payment
bIn writing signed by the transferor, from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty
cRegistered, failing which Section 53A has no application at all
dEvidenced merely by entries in revenue records
Answer: B
Section 53A requires a written contract signed by the transferor (or on his behalf) from which the terms can be ascertained with reasonable certainty, part performance by the transferee, and his willingness to perform his part; after the 2001 amendment the contract must also be one that, if registrable, has been registered to give protection against the transferor.
Under Section 51 of the Transfer of Property Act, 1882, where a transferee of immovable property has made improvements believing in good faith that he is absolutely entitled to it and is subsequently evicted by a person having a better title, the amount payable to him in respect of the improvement shall be:
aThe estimated value of the improvement at the time of the eviction
bThe estimated value of the improvement at the time it was made
cThe market value of the entire property at the time of eviction
dThe actual cost incurred by the transferee in making the improvement
Answer: A
Section 51 expressly provides that the amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction, not the cost incurred or the value when made.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property or any interest therein based on title (Article 65) is:
a30 years from the date the title accrued
b6 years from the date of dispossession
c3 years from the date of dispossession
d12 years from when the possession of the defendant becomes adverse to the plaintiff
Answer: D
Article 65 of the Schedule prescribes twelve years for a suit for possession of immovable property based on title, computed from when the defendant's possession becomes adverse to the plaintiff.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagee for foreclosure (Article 63) is:
a30 years
b12 years
c3 years
d60 years
Answer: A
Article 63 of the Schedule prescribes thirty years for a suit by a mortgagee for foreclosure, the time running from when the money secured by the mortgage becomes due.
Under the Schedule to the Limitation Act, 1963, a suit for compensation for the breach of any contract, express or implied, not specifically provided for elsewhere (Article 55), must be filed within:
aTwelve years from the date of contract
bSix years from when the contract is broken
cOne year from the date of contract
dThree years from when the contract is broken
Answer: D
Article 55 prescribes three years for a suit for compensation for breach of any contract not specifically provided for, running from when the contract is broken, or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs.
Under Section 25 of the Limitation Act, 1963, the right to the access and use of light or air to a building, or to a way or watercourse, is acquired as an easement by prescription where it has been peaceably enjoyed, as of right, without interruption, for:
aThirty years in all cases
bTwenty years (thirty years where the servient property belongs to the Government)
cTwelve years
dSixty years where the property belongs to the Government
Answer: B
Section 25 fixes twenty years' peaceable, uninterrupted enjoyment as of right for acquiring such easements by prescription; where the servient property belongs to the Government, the period is read as thirty years.
The maxim 'Vigilantibus non dormientibus jura subveniunt', which underlies the law of limitation, means:
aEquity follows the law
bNo one can be vexed twice for the same cause
cThere must be an end to litigation
dThe law assists those who are vigilant, not those who sleep over their rights
Answer: D
The maxim means that the law aids the vigilant and not those who slumber over their rights; together with the policy of interest reipublicae ut sit finis litium (litigation must end), it forms the foundation of the Limitation Act.
Under Section 8 of the Limitation Act, 1963, the extension of the period of limitation available to a person under legal disability by virtue of Sections 6 and 7 shall in no case be deemed to extend, from the cessation of the disability or the death of the person affected thereby, for more than:
aTwo years
bSix years
cThree years
dOne year
Answer: C
Section 8 acts as a proviso to Sections 6 and 7, and apart from excluding suits to enforce rights of pre-emption, it caps the extension at three years from the cessation of the disability or the death of the disabled person.
Under Section 18 of the Limitation Act, 1963, a written acknowledgment of liability gives rise to a fresh period of limitation only if it is made:
aOnly after the institution of the suit or application
bAt any time, whether before or after the expiry of the prescribed period
cBefore the expiration of the prescribed period for the suit or application
dWithin three years after the expiry of the prescribed period
Answer: C
Section 18 operates only where the acknowledgment in writing, signed by the party against whom the right is claimed, is made before the expiration of the prescribed period; an acknowledgment after limitation has already run out cannot revive a time-barred claim.
Section 14 of the Limitation Act, 1963 permits exclusion of the time spent prosecuting an earlier civil proceeding only where that earlier proceeding failed because the court was unable to entertain it on account of:
aNon-payment of court fee alone
bAny reason whatsoever, including dismissal on merits
cDefect of jurisdiction or other cause of a like nature
dWant of cause of action
Answer: C
Section 14 excludes the time of a prior proceeding prosecuted in good faith and with due diligence against the same party on the same matter in issue, but only where the earlier court could not entertain it from defect of jurisdiction or other cause of a like nature.
Under Section 22 of the Limitation Act, 1963, in the case of a continuing breach of contract or a continuing tort, a fresh period of limitation begins to run:
aFrom the date the breach or tort finally ceases
bAt every moment of the time during which the breach or tort continues
cOnly once, from the date the breach or tort first commenced
dFrom the date the plaintiff acquires knowledge of the breach or tort
Answer: B
Section 22 provides that for a continuing breach of contract or continuing tort, a fresh period of limitation runs at every moment during which the breach or tort continues, distinguishing it from a wrong completed once and for all.
Section 20 of the Specific Relief Act, 1963, as substituted by the 2018 amendment, deals with substituted performance of a contract. Before getting it performed through a third party or by his own agency, the party suffering breach must give the defaulting party a written notice of not less than:
aThirty days
bNinety days
cSixty days
dFifteen days
Answer: A
Section 20(1) (post-2018) requires the aggrieved party to give written notice of not less than thirty days to the party in breach before resorting to substituted performance, and the costs are recoverable from the defaulting party.
Section 20A, inserted by the Specific Relief (Amendment) Act, 2018, provides that a court shall not grant an injunction in a suit involving a contract relating to:
aAny contract to which the Government is a party
bAn infrastructure project specified in the Schedule, where it would cause impediment or delay in completion
cA contract for sale of agricultural land
dAny commercial contract exceeding rupees one crore
Answer: B
Section 20A bars grant of an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule, where granting it would cause impediment or delay in the progress or completion of such project.
Under Section 34 of the Specific Relief Act, 1963, a court shall NOT make a declaration of status or right where the plaintiff:
aIs in possession of the suit property
bSeeks the declaration against the Government
cHas filed the suit within the period of limitation
dBeing able to seek further relief than a mere declaration, omits to do so
Answer: D
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief than the mere declaration of title, omits to do so.
A suit for cancellation of a written instrument under Section 31 of the Specific Relief Act, 1963 may be brought by a person against whom the instrument is void or voidable, where he:
aHas reasonable apprehension that the instrument, if left outstanding, may cause him serious injury
bIs a stranger to the instrument with no interest
cHas already obtained compensation for the instrument
dMerely dislikes the contents of the instrument
Answer: A
Section 31(1) permits a person against whom a written instrument is void or voidable, and who has reasonable apprehension that it, if left outstanding, may cause serious injury, to sue to have it adjudged void or voidable and delivered up and cancelled.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding. To this bar, the section carves out an exception in the case of:
aBreach of contract
bBreach of trust
cDefamation
dRecovery of money
Answer: B
Section 41(h) bars an injunction when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, 'except in case of breach of trust'.
Under Section 20(2) of the Specific Relief Act, 1963 (as substituted by the 2018 Amendment), no substituted performance of a contract shall be undertaken unless the party suffering the breach has first given a written notice to the party in breach of not less than:
aFifteen days
bThirty days
cSixty days
dForty-five days
Answer: B
Section 20(2), inserted by the Specific Relief (Amendment) Act, 2018, mandates a written notice of not less than thirty days calling upon the party in breach to perform, before the aggrieved party may get the contract performed by a third party or his own agency.
Clause (ha) of Section 41 of the Specific Relief Act, 1963, inserted by the 2018 Amendment, bars the grant of an injunction where it would:
aImpede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility or services being the subject matter of such project
bRestrain a person from instituting any proceeding in a court not subordinate to that from which the injunction is sought
cPrevent the breach of a contract the performance of which would not be specifically enforced
dRestrain any person from applying to any legislative body
Answer: A
Section 41(ha), added by the Specific Relief (Amendment) Act, 2018, prohibits an injunction that would impede or delay the progress or completion of any infrastructure project or interfere with continued provision of the related facility or services; the other clauses correspond to Section 41(b), (e) and (c) respectively.
Under the Indian Stamp Act, 1899 as in force in Himachal Pradesh, an instrument chargeable with duty which is executed only out of India and is not a bill of exchange or promissory note may be stamped after it has been first received in India within a period of:
aOne month
bTwo months
cSix months
dThree months
Answer: D
Section 18 permits an instrument (other than a bill of exchange or promissory note) executed out of India to be stamped within three months after it is first received in India.
Which of the following instruments is NOT one of those which may be stamped with adhesive stamps under Section 11 of the Indian Stamp Act, 1899?
aBills of exchange and promissory notes drawn or made out of India
bA deed of conveyance of immovable property executed in India
cTransfers by endorsement of shares in any incorporated company or other body corporate
dEntry as an advocate, vakil or attorney on the roll of a High Court
Answer: B
Section 11 lists low-duty instruments, bills/notes drawn out of India, entry as advocate/vakil/attorney, notarial acts and transfers by endorsement of shares as stampable with adhesive stamps; a conveyance is not within this list.
Under the definition of 'bond' in Section 2(5) of the Indian Stamp Act, 1899 as applicable in Himachal Pradesh, which of the following is correct?
aIt includes a bill of exchange payable to bearer on demand
bIt includes an instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another
cIt includes only an instrument payable to order or bearer whereby a person obliges himself to pay money
dIt excludes any instrument whereby a person obliges himself to deliver grain or other agricultural produce to another
Answer: B
Section 2(5) defines 'bond' to include an instrument attested by a witness and not payable to order or bearer obliging payment of money, as well as instruments so attested obliging delivery of grain or other agricultural produce.
Under Section 48 of the Indian Stamp Act, 1899, all duties, penalties and other sums required to be paid may be recovered by the Collector:
aOnly by distress and sale of the movable property of the person from whom they are due
bOnly by filing a civil suit before the District Judge for recovery
cBy distress and sale of the movable property of the person from whom they are due, or by any process for the recovery of arrears of land-revenue
dOnly by any process for the time being in force for the recovery of arrears of land-revenue
Answer: C
Section 48 empowers the Collector to recover such sums either by distress and sale of the defaulter's movable property or by any process in force for the recovery of arrears of land-revenue.
An instrument chargeable with duty but not duly stamped is produced before a court in Himachal Pradesh. Under Section 35 of the Indian Stamp Act, 1899, such an instrument:
aIs admissible in evidence as a matter of right without any condition
bMust be returned to the executant and cannot be impounded by the court
cShall not be admitted in evidence for any purpose unless it is duly stamped, save that it may be admitted on payment of the duty and the prescribed penalty
dCan never be admitted in evidence even on payment of duty and penalty
Answer: C
Section 35 bars an instrument not duly stamped from being admitted in evidence or acted upon, but its proviso allows admission on payment of the deficient duty together with the prescribed penalty.
Under the first proviso to Section 138 of the Negotiable Instruments Act, 1881, for the dishonour of a cheque to constitute an offence, the cheque must have been presented to the bank:
aAt any time before the demand notice is issued, irrespective of the date on which it is drawn
bWithin a period of three months from the date on which it is drawn, in all circumstances
cWithin a period of one year from the date on which it is drawn, or within the period of its validity, whichever is later
dWithin a period of six months from the date on which it is drawn, or within the period of its validity, whichever is earlier
Answer: D
Proviso (a) to Section 138 requires the cheque to be presented within six months from the date it is drawn or within the period of its validity, whichever is earlier. (The Reserve Bank later reduced cheque validity to three months by directive, but the statutory text still reads six months.)
Under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881, the payee or holder in due course must make a demand for payment by giving notice in writing to the drawer within:
aThirty days of the receipt of information from the bank regarding the return of the cheque as unpaid
bFifteen days of the dishonour of the cheque
cOne month of the cause of action accruing to him
dForty-five days of the date on which the cheque was drawn
Answer: A
Proviso (b) to Section 138 requires the written demand notice to be made within thirty days of the receipt of information from the bank regarding return of the cheque as unpaid; the drawer then gets fifteen days under proviso (c) to make payment.
Under clause (b) of the proviso to sub-section (1) of Section 142 of the Negotiable Instruments Act, 1881, a complaint in respect of an offence under Section 138 must be made within one month of the date on which the cause of action arises. The court may, however, take cognizance of a complaint after the prescribed period if:
aThe complainant deposits twenty per cent of the cheque amount as interim compensation
bThe drawer consents in writing to the delayed cognizance
cThe delay does not exceed a further period of fifteen days in any case
dThe complainant satisfies the court that he had sufficient cause for not making the complaint within that period
Answer: D
The proviso to Section 142(1)(b), inserted by the 2002 amendment, empowers the court to take cognizance even after the one-month period if the complainant satisfies the court that he had sufficient cause for not making the complaint within that period.
Section 143 of the Negotiable Instruments Act, 1881 provides for trial of offences under Chapter XVII in a summary way. Notwithstanding anything contained in the Code of Criminal Procedure, in such a summary trial it shall be lawful for the Magistrate to pass:
aA sentence of imprisonment for a term exceeding one year and an amount of fine exceeding five thousand rupees
bA sentence of imprisonment for a term not exceeding three months and a fine not exceeding two thousand rupees
cA sentence of imprisonment not exceeding six months and a fine not exceeding one thousand rupees
dOnly a sentence of fine, imprisonment being barred in summary trials
Answer: A
The first proviso to Section 143(1) expressly empowers the Magistrate, in a summary trial under this section, to pass a sentence of imprisonment exceeding one year and a fine exceeding five thousand rupees, departing from the ordinary summary-trial limits of the CrPC.
Section 138 of the Negotiable Instruments Act, 1881 prescribes that the drawer of a dishonoured cheque shall be punishable with:
aImprisonment for a term which may extend to one year, or with fine which may extend to the amount of the cheque, or with both
bImprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
cFine only, which may extend to thrice the amount of the cheque
dImprisonment for a term which may extend to three years, or with fine only, but not both
Answer: B
Section 138 provides that the offender shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
As defined in section 2 of the H.P. Excise Act, 2011, the expression 'spirit' means:
aAny liquid containing alcohol obtained solely by fermentation
bAny liquor containing alcohol obtained by distillation, whether denatured or not
cAny liquor prepared from malt or grain with addition of sugar and hops
dOnly such distilled liquor as is fit for human consumption and not denatured
Answer: B
Section 2(z) defines 'spirit' as any liquor containing alcohol obtained by distillation, whether denatured or not. Beer (malt/grain with sugar and hops) is separately defined in section 2(a).
Under section 39(1) of the H.P. Excise Act, 2011, a person who, in contravention of the Act, unlawfully manufactures, possesses, imports, exports or transports any liquor is punishable (apart from the enhanced minimum sentences in the provisos) with imprisonment which may extend to:
aThree years and fine up to two lakh rupees
bTwo years and fine up to one lakh rupees
cOne year and fine up to fifty thousand rupees
dFive years and fine up to five lakh rupees
Answer: A
Section 39(1) prescribes imprisonment which may extend to three years and fine which may extend to two lakh rupees (but not less than five thousand rupees) for such contraventions, subject to the higher minimum sentences in the provisos for stills, lahan and specified quantities.
Under section 14 of the H.P. Excise Act, 2011 (Power to close liquor vends), where the District Magistrate receives information that a riot or unlawful assembly has occurred or is likely to occur in the vicinity of a liquor vend, he may by order require the vend to remain closed, but such an order shall at one time remain in force for not more than:
aTwenty-four hours
bForty-eight hours
cTwelve hours
dSeventy-two hours
Answer: A
The second proviso to section 14 provides that an order passed by the District Magistrate (on information of a riot or unlawful assembly near a vend) shall at one time remain in force for not more than twenty-four hours, with the day-to-day dry-day closure otherwise being prescribed by the Financial Commissioner.
Under the appeal provisions of the H.P. Excise Act, 2011, an appeal against an order passed by an Excise Officer (other than the Collector) lies, within thirty days of communication of the order, to the:
aCollector
bState Government
cFinancial Commissioner
dHigh Court of Himachal Pradesh
Answer: A
Under section 68(1) an appeal from an order of an Excise Officer lies to the Collector within thirty days; under section 68(2) an appeal from an order of the Collector lies to the Financial Commissioner within thirty days.
Under Section 59 of the Himachal Pradesh Excise Act, 2011, an excise officer who, vexatiously and without specific information or reasonable ground for suspicion, enters or searches a closed place or seizes moveable property under colour of the Act shall, on conviction, be punishable with:
aFine which shall not be less than two thousand rupees and which may extend to ten thousand rupees
bImprisonment which may extend to one year and fine
cImprisonment which may extend to six months or fine which may extend to five thousand rupees, or both
dFine which may extend to ten thousand rupees
Answer: D
Section 59 penalises an excise officer making a vexatious search, seizure, detention or arrest with fine only, which may extend to ten thousand rupees; no imprisonment is prescribed.
Under Section 62 of the Wild Life (Protection) Act, 1972, the power to declare certain wild animals (those specified in Schedule II or Schedule III) to be vermin for any area for a specified period vests in:
aThe State Board for Wild Life
bThe Chief Wild Life Warden
cThe Central Government
dThe State Government
Answer: C
Section 62 empowers the Central Government, by notification, to declare any wild animal other than those in Schedule I and Part II of Schedule II to be vermin for any specified area and period, whereupon it is treated as if included in Schedule V.
Under Section 50 of the Wild Life (Protection) Act, 1972, a police officer of which minimum rank is, among others, empowered to enter, search, arrest and detain in connection with offences under the Act?
aHead Constable
bDeputy Superintendent of Police
cConstable
dSub-Inspector
Answer: D
Section 50 confers powers of entry, search, arrest and detention on the Director, Chief Wild Life Warden, authorised forest officers and any police officer not below the rank of a Sub-Inspector.
Under Section 55 of the Wild Life (Protection) Act, 1972, no court shall take cognizance of an offence under the Act except on a complaint made by, among others:
aAny private citizen who witnessed the offence
bThe Collector of the District only
cThe Chief Wild Life Warden or any other officer authorised in this behalf by the State Government
dThe Superintendent of Police of the District only
Answer: C
Section 55 bars cognizance except on a complaint by the Director or officer authorised by the Central Government, the Chief Wild Life Warden or officer authorised by the State Government, or a person who has given the prescribed notice of his intention to file a complaint.
Under the definition clause of the Wild Life (Protection) Act, 1972, the expression 'wild animal' means:
aOnly an animal found in a National Park or Sanctuary
bAny animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V, wherever found
cOnly an animal specified in Schedule I and Schedule II
dAny animal in captivity in a recognised zoo
Answer: B
The Act defines 'wild animal' as any animal found wild in nature and includes any animal specified in Schedules I to V wherever found, thereby protecting scheduled species irrespective of where they are located.
Under Section 42 of the Indian Forest Act, 1927, rules made under Section 41 may provide that penalties double of the ordinary maximum may be inflicted where the offence is committed:
aIn respect of forest-produce belonging to a private person
bAfter sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence
cBy a person acting in concert with three or more other persons
dWithin the limits of a reserved forest only
Answer: B
Section 42(2) permits doubled penalties where the transit offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence.
Under Section 45 of the Indian Forest Act, 1927, all timber found adrift, beached, stranded or sunk:
aShall be deemed to be the property of Government, unless and until any person establishes his right and title thereto as provided in the Act
bMust be auctioned by the Magistrate within one month of recovery
cBecomes the absolute property of the finder
dVests in the village-community contiguous to the river where it was found
Answer: A
Section 45(1) deems all timber found adrift, beached, stranded or sunk (and certain unmarked/improperly marked timber) to be the property of Government unless and until a person establishes his right and title thereto.
Under Section 68 of the Indian Forest Act, 1927, a Forest-officer empowered to compound forest-offences may accept compensation; however, the sum of money accepted as compensation under clause (a) of sub-section (1):
aShall in no case exceed fifty rupees
bShall in no case exceed five hundred rupees
cShall in no case exceed one thousand rupees
dHas no statutory ceiling and is left to the officer's discretion
Answer: A
Section 68(3) provides that the empowered Forest-officer must be of a rank not inferior to Ranger drawing at least one hundred rupees monthly salary, and the compensation accepted under clause (a) shall in no case exceed fifty rupees.
Under Section 69 of the Indian Forest Act, 1927, when in any proceeding a question arises whether any forest-produce is the property of the Government, such produce:
aMust be proved by the prosecution to belong to the Government beyond reasonable doubt
bShall be presumed to belong to the person in whose possession it was found
cShall be treated as ownerless and disposed of by the Magistrate
dShall be presumed to be the property of the Government until the contrary is proved
Answer: D
Section 69 raises a statutory presumption that forest-produce is the property of the Government until the contrary is proved, shifting the burden onto the person disputing Government ownership.
Which one of the following correctly states the position regarding the place of sitting of courts under the Himachal Pradesh Courts Act, 1976?
aThe place of sitting is to be fixed exclusively by the Subordinate Judge concerned
bOnly the State Government may direct where a District Judge shall hold court
cEvery court must sit only at the district headquarters in all circumstances
dThe High Court may fix the place or places at which a court is to be held, and a court may otherwise sit at any place within its jurisdiction
Answer: D
The Act enables the High Court to fix the place or places at which any court under the Act is to be held; subject to such directions, a court may sit at any place within the local limits of its jurisdiction.
Where a District Judge is prevented by absence or otherwise from performing his duties, the Himachal Pradesh Courts Act, 1976 provides that, pending the orders of the High Court, charge of the District Court shall ordinarily devolve upon:
aThe senior-most Subordinate Judge present in the district
bThe Court of Small Causes of the district
cThe State Government's nominee
dThe Collector of the district
Answer: A
On the temporary vacancy or incapacity of the District Judge, charge of the district court devolves, pending the orders of the High Court, on the senior-most Subordinate Judge (Civil Judge) then present in the district.
Assertion (A): Under the Himachal Pradesh Courts Act, 1976, an Additional District Judge can exercise the powers of a District Judge.
Reason (R): An Additional District Judge discharges only such functions of the District Judge as are assigned to him by the High Court or the District Judge.
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
An Additional District Judge does exercise the powers of a District Judge, but only in respect of the functions assigned to him by the High Court or the District Judge; the Reason therefore correctly explains the limited basis on which he exercises those powers.
Match List I (instrument/source) with List II (principal concern) and select the correct answer:
List I: (P) Bangalore Principles, 2002 (Q) CEDAW, 1979 (R) Verma Committee, 2013 (S) Vishaka Guidelines, 1997
List II: (1) Standards of judicial conduct and integrity (2) Elimination of discrimination and gender stereotyping (3) Amendments to criminal law on sexual offences (4) Sexual harassment of women at the workplace
aP-4, Q-2, R-3, S-1
bP-1, Q-3, R-2, S-4
cP-1, Q-2, R-3, S-4
dP-2, Q-1, R-4, S-3
Answer: C
The Bangalore Principles, 2002 set judicial-conduct standards; CEDAW targets discrimination and stereotyping; the Verma Committee proposed criminal-law amendments; and Vishaka addressed workplace sexual harassment.
Section 30 of the POCSO Act, 2012 provides that in any prosecution requiring a culpable mental state on the part of the accused, the Special Court shall:
aRequire the prosecution to prove such mental state beyond doubt
bIgnore the mental element entirely
cPresume the existence of such mental state
dRefer the question to the High Court
Answer: C
Section 30 directs the Special Court to presume the existence of a culpable mental state, casting on the accused the burden of proving its absence beyond reasonable doubt.
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