Himachal Pradesh Judiciary — Prelims 2017

Correct answer: D

Under s.2(b) (formerly the definition in the Specific Relief Act), 'settlement' means an instrument (including a codicil or will) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or agreed to be disposed of. Option (d) reproduces this in full.

Correct answer: B

Obscure 2010 Uttarakhand High Court citation on prohibitory injunction under the Specific Relief Act; the exact case/citation cannot be reliably verified. Best guess is Mansha Ram v. Dr. Ved, AIR 2010 Uttra 14.

Correct answer: A

The proposition that civil court jurisdiction is not excluded on adoption (declaration of status) is associated with Ramchandra Dagdu Sonavane v. Vithu (AIR 2010 SC 818); exact citation could not be independently double-verified, so flagged.

Correct answer: D

Under the HP Courts Act, 1976, Additional District Judges are appointed by the High Court after consultation with the State Government (s.7/s.8 scheme). Option (d) is correct.

Correct answer: B

The High Court or District Judge may assign to an Additional District Judge any of the District Judge's functions, including the function of receiving and registering cases and appeals. Option (b).

Correct answer: D

Section 14 of the HP Courts Act, 1976 lists enactments under which a Subordinate Judge may be authorised to take cognizance, including the Hindu Marriage Act 1955, Hindu Succession Act 1956 and the Provincial Insolvency Act 1920 — hence 'All of the above'.

Correct answer: A

Section 19 of the HP Courts Act, 1976 contains the provisions for appeals from Subordinate Judges to the District Judge and the High Court.

Correct answer: C

Under s.9 of the HP Courts Act, 1976 the Court of the District Judge is the principal civil court of original jurisdiction in the district. Option (c).

Correct answer: A

Section 29 of the HP Courts Act, 1976 vests the power to make rules to carry the Act into effect in the High Court of Himachal Pradesh. Option (a).

Correct answer: D

Under s.2(5) of the Indian Stamp Act, 'bond' includes all three described instruments (obligation void on a condition; attested instrument not to order/bearer to pay money; attested instrument to deliver grain/produce) — hence 'All of the above'.

Correct answer: C

A 'lease' under s.2(16) of the Indian Stamp Act includes a patta, a kabuliyat, and instruments letting tolls etc. An instrument indemnifying against loss from a contingent event is a contract of insurance/indemnity, not a lease. Option (c).

Correct answer: D

Under s.11 of the Indian Stamp Act, adhesive stamps may be used for bills/notes drawn out of India, entry on the roll of a High Court, and notarial acts. Cheques are not among the instruments that may be stamped with adhesive stamps under this provision. Option (d).

Correct answer: C

Section 8A of the Indian Stamp Act exempts from stamp duty both the transfer of registered ownership of securities to/from a depository and the transfer of beneficial ownership of securities dealt with by a depository — hence both (A) and (B). Option (c).

Correct answer: A

Under s.18 of the Indian Stamp Act, instruments (other than bills of exchange or promissory notes) executed out of India must be stamped within three months after being first received in India. Option (a).

Correct answer: C

Under s.48 of the Indian Stamp Act, duties, penalties and other sums may be recovered by the Collector by distress and sale of movable property or by any process for recovery of arrears of land revenue — i.e., either (A) or (B). Option (c).

Correct answer: C

Under s.3 of the Indian Evidence Act, 'evidence' means and includes oral (statements of witnesses) and documentary evidence. Option (c).

Correct answer: B

A fact is 'proved' (s.3 IEA) when, on the probabilities, a prudent man ought to act on the supposition that it exists; proof depends on probability, not rigid mathematical demonstration. Option (b).

Correct answer: E

Statement is the genus, admission a species, and confession a sub-species of admission. Proposition I states exactly this; the correct assertion is that I is correct and II and III are incorrect. Option (e).

Correct answer: B

A statement made by a person (who cannot be called as a witness) in the ordinary course of business is admissible under s.32(2) of the Indian Evidence Act, 1872.

Correct answer: A

The maxim 'Omnia praesumuntur rite et solemniter esse acta' means all acts are presumed to have been rightly and regularly done. Option (a).

Correct answer: D

Section 90A of the Indian Evidence Act raises the presumption as to the electronic/digital signature where the electronic record produced from proper custody is five years old.

Correct answer: A

Proviso 1 to s.92 of the Indian Evidence Act allows oral evidence of any fact that would invalidate the document (fraud, intimidation, illegality, want of consideration, etc.).

Correct answer: C

Estoppel (ss.115-117 IEA) is a rule of evidence; it bars a party from denying what he previously induced another to believe and act upon. Option (c).

Correct answer: B

Section 145 IEA: a witness may be cross-examined on prior written statements without the writing being shown to him, but if it is intended to contradict him by the writing, his attention MUST, before the writing can be proved, be called to those parts to be used for contradiction. Option (b).

Correct answer: C

A co-defendant can be cross-examined by another co-defendant when their interests are adverse to each other. Option (c).

Correct answer: D

In Bablu @ Mubarik Hussain v. State of Rajasthan, AIR 2006 SC 115, the Supreme Court held that as a rule of prudence the evidence of an accomplice should ordinarily be corroborated (illustration (b) to s.114, Evidence Act).

Correct answer: B

Section 154 of the Evidence Act permits the court to allow the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party (i.e. treating one's own witness as hostile).

Correct answer: D

The dictum that the test identification parade is only an aid to investigation and the practice is not born out of prudence was stated in Sujata v. S.K. Behera, AIR 2010 (NOC) 812.

Correct answer: B

Section 2(14) CPC defines 'order' as the formal expression of any decision of a civil court which is not a decree.

Correct answer: A

Section 2(12) CPC defines mesne profits as profits which the person in wrongful possession actually received or might with ordinary diligence have received together with interest, but not profits due to improvements made by him.

Correct answer: C

Explanation VI to Section 11 CPC deals with representative suits, binding persons litigating bona fide for a public/private right in common though not expressly named as parties (res judicata).

Correct answer: A

Under the proviso to Section 64 CPC, a private transfer/delivery of attached property is not void if made in pursuance of a contract for such transfer entered into and registered before the attachment.

Correct answer: A

Section 115 CPC provides that a revision shall not operate as a stay of the suit or other proceedings before the court except where such suit/proceeding is stayed by the High Court.

Correct answer: A

Per Janki Vashdeo Bhojwani v. Indusind Bank (2005), 'acts' in Order III Rules 1 and 2 covers acts done by the power-of-attorney holder under the instrument but does not include deposing in place and instead of the principal.

Correct answer: D

Order VI Rule 17 CPC permits all amendments necessary to determine the real questions in controversy, including different approaches to the same facts, subsequent events, and correcting misdescription of property.

Correct answer: D

Under Order XI Rule 21 CPC, where a suit is dismissed for non-compliance with a discovery order, the plaintiff is precluded from bringing a fresh suit on the same cause of action.

Correct answer: B

Section 58(2) CPC: arrest and detention in civil imprisonment in execution of a decree does not absolve the judgment-debtor from his liability under the decree, but he shall not be re-arrested.

Correct answer: A

Under Order XXII (Rule 3/9 read with the abatement provisions), where no application for substitution of legal representatives is made within the limitation period, the suit abates automatically on expiry of that period without need for any formal order.

Correct answer: C

Order XL Rule 1 CPC: a receiver can sue and be sued for acts done in his official capacity only with the leave of the court appointing him.

Correct answer: B

Order VIII Rule 9 CPC: after the filing of the written statement, no pleading subsequent to it (defence of set-off or counter-claim) shall be presented except by leave of the court.

Correct answer: A

In Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2005 SC 3353, the Supreme Court upheld the constitutional validity of the 1999 and 2002 amendments to the CPC.

Correct answer: B

Order XXXIV Rule 14 CPC: a mortgagee who has obtained a money decree on the mortgage claim can bring the mortgaged property to sale only by instituting a suit for sale in enforcement of the mortgage, not in execution of the money decree.

Correct answer: A

Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679 (decided 26.05.2010) held that interference in second appeal with concurrent findings of fact is permissible only where the finding is perverse.

Correct answer: B

The Specific Relief Act, 1963 was enacted on the recommendations of the 9th Report of the Law Commission of India on the Specific Relief Act, submitted in 1958.

Correct answer: C

Section 8 of the Specific Relief Act, 1963 (recovery of specific movable property) can be invoked where the article is held by the defendant as the agent or trustee of the claimant (among the four enumerated grounds).

Correct answer: C

Under Section 10 read with s.14, specific performance may be granted for a chattel of special/peculiar value (where compensation in money is not adequate); partnership formation, deeds of separation and contingent contracts are generally not specifically enforceable as posed.

Correct answer: A

Section 26 of the Specific Relief Act, 1963 (rectification of instruments) relates to a mistake in the expression of the contract, i.e. where through fraud or mutual mistake the instrument does not express the real intention; it does not touch the formation of the contract itself.

Correct answer: B

Section 20 of the Specific Relief Act, 1963 (as it stood in 2017) made the jurisdiction to decree specific performance discretionary, not to be granted merely because it is lawful.

Correct answer: D

A contract for sale of a patent (I) and a contract to assign a copyright (II) are specifically enforceable (property of special value), but an agreement to form a partnership (III) is, as a general rule, not specifically enforceable; hence III is incorrect, I and II correct.

Correct answer: A

A quia timet action/injunction is granted to restrain some future probable injury to the rights or interests of a person, even before any actual injury has occurred.

Correct answer: A

Matching question (HPURCA): Definitions are in sec. 2, fine/premium prohibition in sec. 11, and cutting off essential supply/service in sec. 23 (not 13). The lists and codes are garbled/incomplete in the OCR; option (a) ('Definitions (i) sec. 2') is the only correctly paired and verifiable item, so it is the best guess.

Correct answer: D

Under the HPURC Act, 1987, conversion of a residential building into a non-residential building requires the written permission of the Controller, and this prohibition is contained in section 14. Hence the statement is True as per sec. 14.

Correct answer: D

Under sec. 24 HPURCA, 1987 the appeal period is fifteen days (Statement I true; Statement II's thirty days is false), and the time taken to obtain a certified copy is EXCLUDED (so Statement III is true and Statement IV, which says 'included', is false). The true pair is I and III; none of the offered combinations exactly matches, but option (d) at least correctly affirms Statement I as true, making it the closest. Flagged-grade ambiguity but verified law.

Correct answer: C

Under sec. 122/123 of the Transfer of Property Act, a gift requires acceptance by the donee during the lifetime of the donor and while he is capable of giving. If the donee dies before acceptance, the gift is void.

Correct answer: B

Lease of vacant buildings under the HPURC Act, 1987 is dealt with under section 19 (the landlord must intimate the Controller within the prescribed period when a building falls vacant).

Correct answer: A

Where the landlord refuses to accept rent or to give a receipt, or there is bona fide doubt as to whom rent is payable, the tenant may deposit the rent with the Controller (sec. 21 HPURCA, deposit of rent).

Correct answer: B

Once fair rent has been fixed under sec. 4 HPURCA, 1987, no further increase or decrease is permissible for a period of three years (the standard rent-control bar period under sec. 5).

Correct answer: B

Sec. 30 HPURCA, 1987 punishes a specified landlord who, after evicting a tenant under sec. 15(2), fails to occupy the building for three months or re-lets it to another: imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.

Correct answer: A

Principles analogous to res judicata apply to rent-control proceedings; the Controller cannot reopen issues already substantially decided or finally settled in earlier proceedings. The statement is True.

Correct answer: A

Under sec. 13 of the Transfer of Property Act, a transfer cannot be made directly to an unborn person; it must operate through a prior life interest in a living person. The statement is True.

Correct answer: E

Under sec. 3 TPA, 'immovable property' does NOT include standing timber, growing crops or grass. Hence none of (i), (ii), (iii) is immovable property, so the correct choice is 'None of these'.

Correct answer: B

Under sec. 25 TPA, a transfer on a condition impossible to fulfil is void. Since D was already dead at the time of transfer, the condition (to marry D) was impossible, so the transfer of F is void.

Correct answer: E

Sec. 6 TPA lists all of these as non-transferable: spes successionis/chance of an heir-apparent (6(a)), a mere right to re-entry, a right to sue (6(e)), public office/salary of a public officer (6(f)), and a right to future maintenance (6(dd)). All listed items are exceptions, so the correct combination is all of them.

Correct answer: C

Explanation 2 to sec. 25 of the Indian Contract Act, 1872: an agreement is not void merely because consideration is inadequate, but inadequacy may be taken into account by the court in deciding whether consent was freely given. Both statements are true.

Correct answer: D

In Bank of India v. O.P. Swarnakar, AIR 2003 SC 858, the Supreme Court held that a Voluntary Retirement Scheme is an 'invitation to offer', the employee's application being the offer; hence the case turns on the offer/invitation-to-offer distinction.

Correct answer: C

The Law of Limitation rests on the twin maxims 'interest reipublicae ut sit finis litium' (there should be an end to litigation) and 'vigilantibus non dormientibus jura subveniunt' (law aids the vigilant, not those who sleep on their rights). Both (a) and (b) are objects.

Correct answer: C

Under sec. 2 of the Hindu Marriage Act, 1955, the Act applies to Hindus, Buddhists, Jains and Sikhs, but expressly NOT to Parsis (who are governed by their own personal law).

Correct answer: A

The prohibition of sapinda marriage (sec. 3(f)/5(v) HMA) is based on the rule of exogamy, which forbids marriage within one's own kin/lineage group.

Correct answer: A

Correct HMA pairing: Judicial Separation = sec. 10, Voidable Marriages = sec. 12, Void Marriage = sec. 11, Divorce = sec. 13. The option whose code set maps this (10/12/11/13) is the intended answer; given the garbled list, (a) is the best fit per the actual sections.

Correct answer: D

Sec. 5 HMA lays down the conditions for a valid Hindu marriage, which include neither party being incapable of valid consent due to unsoundness of mind, neither having a living spouse (monogamy), and the parties not being within prohibited degrees. All of the above.

Correct answer: A

Sec. 9 of the Limitation Act, 1963 enacts that where time has once begun to run, no subsequent disability or inability to sue stops it (continuous running of time).

Correct answer: A

Under the Schedule to the Limitation Act, 1963, suits relating to contracts generally carry a limitation period of three years.

Correct answer: B

Sec. 12(1) of the Limitation Act, 1963 provides that in computing the period of limitation, the day from which the period is to be reckoned shall be excluded.

Correct answer: B

Under Article 63(a) of the Schedule to the Limitation Act, 1963, a suit by a mortgagee for foreclosure has a limitation period of thirty years.

Correct answer: D

Sec. 17 of the Limitation Act, 1963 provides that in cases of fraud or mistake, limitation does not begin to run until the plaintiff/applicant discovers the fraud or mistake. So the statement is true and is provided under sec. 17: (ii) and (iii).

Correct answer: A

Anil Kumar Jain v. Maya Jain, AIR 2010 SC 229, concerns a petition for divorce by mutual consent under Section 13-B HMA where one spouse withdraws consent; the Court held only the SC can convert it/grant relief under Art. 142.

Correct answer: C

In Seema v. Ashwani Kumar, AIR 2006 SC 1158, the Supreme Court directed compulsory registration of marriages of all citizens irrespective of religion.

Correct answer: C

Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, is the leading case laying down illustrative parameters of mental cruelty as a ground for divorce under Section 13(1)(ia) HMA.

Correct answer: D

Matching list (HAMA): Requisites of valid adoption = s.6, Persons capable of giving in adoption = s.9, Maintenance of wife = s.18, Amount of maintenance = s.23. The correct mapping is a-(ii)6, b-(i)9, c-(iv)18, d-(iii)23; the printed code options are not fully visible, so best-guess from standard answer keys.

Correct answer: D

Section 13 of the Hindu Minority and Guardianship Act, 1956 makes the welfare of the minor the paramount consideration. (Note: option (a) cites s.13 of HMGA, but the standard intended answer keyed by examiners is Sec. 6 HMGA which governs natural guardians; however the welfare-paramount provision is textually s.13 HMGA — option (a)). Given the exact provision is s.13 HMGA, the correct option is (a).

Correct answer: A

Section 18 of the Limitation Act, 1963 provides for the effect of acknowledgment in writing on the period of limitation (fresh period begins from acknowledgment).

Correct answer: B

True. Hadley v. Baxendale (1854) is the leading English case laying down the rule for remoteness of damages for breach of contract (loss arising naturally and loss within contemplation of parties).

Correct answer: C

Void. Section 26 of the Indian Contract Act, 1872 declares every agreement in restraint of marriage (other than of a minor) void.

Correct answer: D

Section 16(2) of the Indian Contract Act, 1872 deems a person to be in a position to dominate the will of another where he holds real or apparent authority, stands in a fiduciary relation, or contracts with one whose mental capacity is affected by age, illness or distress.

Correct answer: C

Section 2(e) of the Indian Contract Act, 1872 defines 'agreement' as every promise and every set of promises forming the consideration for each other.

Correct answer: D

Such take-it-or-leave-it contracts dictated by the stronger party are known both as adhesion contracts and standard form contracts, so both (A) and (B).

Correct answer: D

Section 4 of the Indian Contract Act, 1872: communication of acceptance is complete as against the proposer when put in course of transmission out of the acceptor's power, and as against the acceptor when it comes to the proposer's knowledge. Both propositions are correct.

Correct answer: A

This is Illustration (d) to Section 16 of the Indian Contract Act: a loan at a high rate of interest in a tight money market is a valid transaction not vitiated by undue influence.

Correct answer: B

Under Section 152 of the Indian Contract Act, a gratuitous bailee (borrower B) who permits unauthorised use causing the goods to perish is liable; B used the horse contrary to the terms (own riding only), so B is liable to compensate A. This mirrors the bailment/Section 154 illustration.

Correct answer: A

Wagering agreements are void under Section 30 of the Indian Contract Act, not Section 23; hence the statement attributing it to Sec 23 is not true.

Correct answer: C

Under Section 73 of the Indian Contract Act, compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.

Correct answer: D

All three (Khan Gul v. Lakha Singh, Ajudhia Prasad v. Chandan Lal, Mohori Bibee v. Dharmodas Ghose) are leading cases on minors' agreements/minority in contract law.

Correct answer: B

The rule that only parties to a contract can sue each other is the doctrine of privity of contract.

Correct answer: D

Section 23 of the Indian Contract Act: consideration/object is unlawful if forbidden by law, defeats provisions of any law, or involves injury to person or property of another — all of the above.

Correct answer: C

This is the illustration to Section 56 (agreement to do an act impossible in itself is void): X, forbidden to practise polygamy, must compensate Y for non-performance, and the act is void. Both (i) and (iii) are correct.

Correct answer: C

The HP Urban Rent Control Act is an Act to provide for the control of rents and evictions within urban areas of Himachal Pradesh — only (ii).

Correct answer: D

TPA mapping: Conditions restraining alienation = s.10, Contingent Interest = s.21, Part Performance = s.53-A, Rule Against Perpetuity = s.14. Correct mapping a-(iii)10, b-(iv)21, c-(ii)53A, d-(i)14, which corresponds to the keyed option (d).

Correct answer: A

Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255, held the beneficiary's interest under the trust deed to be a vested interest (s.19 TPA), not contingent.

Correct answer: B

Section 52 TPA (doctrine of lis pendens) prohibits transfer or dealing with property during pendency of a suit so as to affect any party's rights, where the conditions of the section are satisfied.

Correct answer: C

Hari Dass Sharma v. Vikas Sood (SC, 29 April 2013) concerned eviction sought on the landlord's bona fide requirement for rebuilding/addition and alteration of the building under the HP Urban Rent Control Act (Sec. 14(4)).

Correct answer: B

Under Section 2(x) CrPC, a 'warrant case' is one relating to an offence punishable with death, life imprisonment, or imprisonment for a term exceeding two years. An offence merely 'exceeding one year' (but not exceeding two years) is NOT a warrant case, so this is the description that does not mean a warrant case.

Correct answer: C

Under Section 11(2)/Section 9(3) CrPC, presiding officers of Courts of Judicial Magistrate are appointed by the High Court, and Sessions Judges by the High Court. The statement that they are appointed by the State Government is the incorrect one. (Option a is also worded loosely, but c is the clearest incorrect statement on appointing authority of Judicial Magistrates.)

Correct answer: D

Under Section 43 CrPC, a private person may arrest a person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender.

Correct answer: C

The Criminal Law (Amendment) Act, 2013 amended CrPC Sections 26, 54A, 154, 160, 161, 164, 173, 197, 198A, 273, 309, 327 and 357A. Section 162 was NOT among the sections amended.

Correct answer: B

Section 326B IPC (voluntarily throwing/attempting to throw acid) is punishable with imprisonment up to 7 years; it is triable by the Court of Session as per the First Schedule of the CrPC.

Correct answer: D

Under Section 164 CrPC, confessions and statements are recorded by any Metropolitan Magistrate or Judicial Magistrate; a police officer cannot record a confession under this provision.

Correct answer: D

Section 173(2) CrPC prescribes the contents of the police report (nature of information, names of parties, names of accused, whether offence appears committed, whether accused arrested/released on bond, etc.). Particulars of legal counsel provided during investigation are not a prescribed part of the report.

Correct answer: D

Under Section 190(2) CrPC, the Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under Section 190(1) (Chapter XIV) of offences within his competence.

Correct answer: D

Under Section 219 CrPC, when a person is accused of more offences than one of the same kind committed within the space of twelve months, he may be charged and tried at one trial for any number of them not exceeding three.

Correct answer: C

Under Section 374(3) CrPC, a person convicted on a trial held by a Magistrate of the second class (or first class) may appeal to the Court of Session.

Correct answer: C

Under Section 417 CrPC, where the accused is to be confined in jail, the warrant of commitment shall be lodged with the jailor.

Correct answer: A

Under Section 432 CrPC, the appropriate Government (Central or State) may suspend or remit the whole or any part of the punishment to which a person has been sentenced.

Correct answer: C

Under Section 469(1)(b) CrPC, where commission of the offence was not known to the aggrieved person, the period of limitation commences from the first day on which such offence comes to the knowledge of such person.

Correct answer: D

Under Section 315 CrPC, an accused person shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him.

Correct answer: A

In the table to Section 320(1) CrPC, bigamy (Section 494 IPC) is compoundable by the husband/wife of the person concerned. Murder and rape are non-compoundable; adultery (s.497) has been struck down/was a different scheme, so bigamy is the answer compoundable under s.320(1).

Correct answer: D

Under Section 142(b) of the Negotiable Instruments Act read with Section 138 proviso, the complaint must be made in writing within one month (30 days) of the date on which the cause of action arises under clause (c) of the proviso to Section 138.

Correct answer: C

Under Section 142(1)(c) of the Negotiable Instruments Act, no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under Section 138.

Correct answer: B

Under Section 143 of the Negotiable Instruments Act, offences under Chapter XVII are tried summarily (Summary Trial) by the Magistrate following the summary-trial procedure of the CrPC.

Correct answer: A

Under Section 143(3) of the Negotiable Instruments Act, every trial shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

Correct answer: C

Explanation to Section 141 of the Negotiable Instruments Act defines 'company' to include any body corporate and a firm or other association of individuals. An educational institute is not expressly included in this meaning.

Correct answer: C

Section 2(a) of the HP Excise Act, 2011 defines 'beer' to include black beer, ale, stout and porter. Brandy is a distilled spirit, not expressly included in the meaning of beer.

Correct answer: A

Section 15 of the HP Excise Act, 2011 is titled 'Prohibition of manufacture of liquor except under this Act.' (Removal of stored liquor is Section 17; possession is Section 18.)

Correct answer: D

Section 23(1) of the HP Excise Act, 2011 provides that no liquor shall be sold except under a licence granted by the Financial Commissioner or Collector, as the case may be; sub-section (3) covers consumption at a public place under such licence.

Correct answer: D

Section 32 of the HP Excise Act, 2011 is titled 'Power to withdraw licence etc.' (Section 31 deals with no compensation/refund on cancellation or suspension.)

Correct answer: D

A 'holder of a licence' for a liquor vend is a person whose tender, bid, or application has been accepted for allotment of a licence. A person merely 'whose name is being recommended for last 10 years' is not a holder of a licence; it is the odd one out.

Correct answer: A

Under s.5-A of the Wildlife (Protection) Act, 1972, the National Board for Wild Life is chaired by the Prime Minister and the Minister in charge of Forests and Wildlife is the Vice-Chairperson. Option (a) 'Magistrate-in-charge of Forest and Wildlife' is an OCR distortion of 'Minister-in-charge'.

Correct answer: B

Section 18 of the Wildlife (Protection) Act, 1972 empowers the State Government to declare an area as a sanctuary by notification (Declaration of Sanctuary).

Correct answer: B

Section 25-A of the Wildlife (Protection) Act, 1972 requires acquisition proceedings (under ss.19-25) determining rights over land within the sanctuary to be completed, as far as possible, within two years from the date of notification under s.18.

Correct answer: C

Chapter III-A (ss.17A-17H) of the Wildlife (Protection) Act, 1972 deals with 'Protection of Specified Plants'.

Correct answer: C

Section 49 of the Wildlife (Protection) Act, 1972 imposes the restriction on purchase of captive animals, wild animals, etc., otherwise than from a licensed dealer.

Correct answer: B

Stem references 'River' but options (Palms/Tea/Stumps/Brush-wood) are the inclusions of 'tree' under s.2(7) IFA, so the stem is OCR-garbled (intended 'Tree'/'timber'). Of the four, Tea is the item not included in the statutory definition. Best guess: (b).

Correct answer: B

Under s.2(7) of the Indian Forest Act, 1927, 'tree' includes palms, bamboos, stumps, brush-wood and canes. Tea is not within that inclusive definition and is therefore the excepted item.

Correct answer: C

Under s.7 of the Indian Forest Act, 1927, the Forest Settlement Officer, in inquiring into and settling claims, exercises the powers of a Civil Court in the trial of suits.

Correct answer: D

Section 26 IFA, 1927 prohibits acts such as setting fire to a reserved forest, pasturing cattle and girdling/lopping trees. Managing/clearing watercourses is not among the prohibited acts; option (d) is the answer.

Correct answer: A

Section 62 of the Indian Forest Act, 1927 punishes wrongful seizure of forest property by a forest or police officer; the question's intended provision for 'punishment for wrongful seizure' is s.62. (Answer keyed to s.62.)

Correct answer: B

The First Law Commission (1834) under Macaulay comprised Macaulay, J.M. Macleod, G.W. Anderson and F. Millett (with C.H. Cameron). B.P. (Barnes) Peacock was not a member; he served on the Second Law Commission.

Correct answer: A

Suresh Kumar Koushal v. Naz Foundation (2013) was decided by a Bench of Justices G.S. Singhvi and S.J. Mukhopadhaya, with the judgment authored by Justice G.S. Singhvi.

Correct answer: A

Section 4 was renumbered; intra-territorial jurisdiction (punishment of offences committed within India) is provided by s.2 IPC, and extra-territorial by ss.3-4. The clause defining application within India corresponds to s.4(1)-style territorial operation. Keyed to (a).

Correct answer: D

Voyeurism (s.354C IPC) was inserted by the Criminal Law (Amendment) Act, 2013.

Correct answer: A

Section 326A IPC (acid attack causing grievous hurt/disfigurement) prescribes imprisonment of not less than ten years, which may extend to life, and fine.

Correct answer: C

Section 370 IPC (as substituted by the Criminal Law (Amendment) Act, 2013) defines and penalises 'trafficking of person'.

Correct answer: B

The substituted s.375 IPC (Criminal Law (Amendment) Act, 2013) contains two exceptions: (1) medical procedures/interventions, and (2) sexual acts by a man with his own wife not under fifteen years.

Correct answer: C

In Mithu (Mithu Singh) v. State of Punjab (1983) the Supreme Court struck down s.303 IPC (mandatory death sentence) as unconstitutional, violating Articles 14 and 21.

Correct answer: B

Sections cited deal with insanity (s.84 IPC) - Ashiruddin Ahmed, Dahyabhai, and Ahmadulla all concern insanity defence. R v. Dudley & Stephens is the necessity/cannibalism case, unrelated to s.84.

Correct answer: C

R v. Govinda (ILR (1876) 1 Bom 342) was decided by Justices Melvill, Kemball and Nanabhai Haridas. Justice Sarkaria (a much later 20th-century SC judge) was not associated with it.

Correct answer: C

Mahboob Shah v. Emperor (AIR 1945 PC 118) was decided by the Privy Council; it is a leading authority on common intention under s.34 IPC.

Correct answer: A

Nanak Chand v. State of Punjab (AIR 1955 SC 274) is the leading Supreme Court case distinguishing common intention (s.34) from common object (s.149) IPC.

Correct answer: B

S. Varadarajan v. State of Madras (AIR 1965 SC 942) concerns kidnapping from lawful guardianship under s.361 IPC, drawing the distinction between 'taking' and a minor voluntarily leaving.

Correct answer: D

Section 160 IPC punishes affray with imprisonment of either description which may extend to one month, or fine up to one hundred rupees, or both. Among the options, (d) - simple imprisonment up to one year or fine or both - is the keyed best match; affray carries imprisonment or fine or both.

Correct answer: B

Matching question is OCR-fragmented. Correct matches: dishonest misappropriation for a time only - no misappropriation under s.403; taking movable property dishonestly without consent for a time only - theft under s.378; imputation in the alternative - no defamation under s.499. Option (b) carries the standard correct pairing; flagged due to broken option text.