Karnataka Judiciary Mock Test 1 — Questions & Solutions
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A second appeal to the High Court under Section 100 of the Code of Civil Procedure lies only
awhere the decree exceeds Rs. 1,00,000 in value
bwith the prior leave of the trial court
cif the case involves a substantial question of law
don a question of fact
Answer: C
Section 100 CPC permits a second appeal to the High Court from an appellate decree only if the High Court is satisfied that the case involves a substantial question of law, which must be formulated.
Under the proviso to Order VIII Rule 1 CPC, the outer limit beyond which a defendant cannot be allowed to file the written statement, computed from the date of service of summons, is
a90 days
b30 days
c60 days
d120 days
Answer: A
Order VIII Rule 1 requires the written statement within 30 days, extendable for recorded reasons but not later than 90 days from the date of service of summons.
Under Section 9 of the Code of Civil Procedure, a civil court has jurisdiction to try
aall suits of a civil nature except those whose cognizance is expressly or impliedly barred
bonly suits relating to immovable property
call suits whether of civil or criminal nature
donly suits where the State is a party
Answer: A
Section 9 CPC empowers civil courts to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
No appeal lies under Section 96(4) CPC, except on a question of law, from a decree in a suit of the nature cognizable by Courts of Small Cause when the value of the subject-matter does not exceed
aRs. 10,000
bRs. 3,000
cRs. 5,000
dRs. 25,000
Answer: A
Section 96(4) CPC bars an appeal except on a question of law from a decree in a suit cognizable by Courts of Small Cause where the subject-matter value does not exceed ten thousand rupees.
Power to refer parties to arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation, where elements of a settlement exist, is conferred on the court by
aSection 151 CPC
bSection 89 CPC
cSection 94 CPC
dSection 80 CPC
Answer: B
Section 89 CPC enables the court, where it appears there exist elements of a settlement, to formulate terms and refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
An application to set aside an ex parte decree passed against a defendant is to be made under
aOrder IX Rule 7 CPC
bOrder IX Rule 13 CPC
cOrder IX Rule 9 CPC
dOrder VII Rule 11 CPC
Answer: B
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply to set it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing.
The revisional jurisdiction of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies is contained in
aSection 96 CPC
bSection 115 CPC
cSection 100 CPC
dSection 151 CPC
Answer: B
Section 115 CPC vests the High Court with revisional jurisdiction to correct jurisdictional errors of subordinate courts in cases where no appeal lies; it is a supervisory, not an appellate, remedy.
An application for grant of a temporary injunction during the pendency of a suit is ordinarily made under
aOrder XXVI Rules 1 and 2 CPC
bOrder XXXIX Rules 1 and 2 CPC
cOrder XXXVIII Rules 1 and 2 CPC
dOrder XLIII Rule 1 CPC
Answer: B
Order XXXIX Rules 1 and 2 CPC govern the grant of temporary injunctions, for instance where property in dispute is in danger of being wasted, damaged or alienated, or the defendant threatens to dispossess the plaintiff.
The power to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate court, exercisable by the High Court or the District Court, is found in
aSection 25 CPC
bSection 22 CPC
cSection 151 CPC
dSection 24 CPC
Answer: D
Section 24 CPC empowers the High Court or District Court, on application or suo motu, to transfer or withdraw any suit, appeal or proceeding pending in a court subordinate to it.
The power of the Supreme Court to transfer a suit, appeal or other proceeding from a High Court or civil court in one State to a High Court or civil court in another State is conferred by
aSection 24 CPC
bSection 100A CPC
cSection 25 CPC
dSection 23 CPC
Answer: C
Section 25 CPC empowers the Supreme Court, where expedient for the ends of justice, to transfer any suit, appeal or other proceeding from a court in one State to a court in another State.
The doctrine of res judicata, barring a court from trying an issue already directly and substantially in issue and finally decided in a former suit between the same parties, is embodied in
aSection 10 CPC
bSection 13 CPC
cSection 11 CPC
dSection 12 CPC
Answer: C
Section 11 CPC bars a court from trying any issue which has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court.
Amendment of pleadings by the court, allowing either party to alter or amend his pleadings on such terms as may be just, is provided for under
aOrder VIII Rule 9 CPC
bOrder VI Rule 17 CPC
cOrder I Rule 10 CPC
dOrder VII Rule 11 CPC
Answer: B
Order VI Rule 17 CPC allows the court to permit amendment of pleadings at any stage; its proviso bars amendment after the trial has commenced unless the party could not have raised the matter before despite due diligence.
An appeal from an original decree passed by a court exercising original jurisdiction (a first appeal) is provided for under
aSection 96 CPC
bSection 104 CPC
cSection 100 CPC
dSection 115 CPC
Answer: A
Section 96 CPC provides for a first appeal from every decree passed by a court exercising original jurisdiction, and such appeal lies on both questions of fact and law.
Where a decree is varied or reversed in appeal, the court of first instance shall, on application, cause restitution to be made so as to place the parties in the position they would have occupied but for the erroneous decree. This power is contained in
aSection 144 CPC
bSection 151 CPC
cSection 47 CPC
dSection 148 CPC
Answer: A
Section 144 CPC embodies the doctrine of restitution, requiring the court of first instance to restore parties to their former position when a decree is varied or reversed in appeal, revision or other proceeding.
The power of the court to add a person as a party to a suit, or strike out the name of a party improperly joined, at any stage of the proceedings is contained in
aOrder VI Rule 17 CPC
bOrder II Rule 2 CPC
cOrder XXII Rule 4 CPC
dOrder I Rule 10 CPC
Answer: D
Order I Rule 10 CPC empowers the court, at any stage, to strike out or add parties whose presence is necessary to enable it to effectually and completely adjudicate upon the questions involved in the suit.
Under Section 9 of the Code of Civil Procedure, the Civil Courts shall have jurisdiction to try all suits of a civil nature
aexcepting suits of which their cognizance is either expressly or impliedly barred
bonly when the cause of action arises within their territorial limits
conly with the prior permission of the District Judge
dexcepting suits relating to caste and religious rites in every case
Answer: A
Section 9 CPC vests the Civil Courts with jurisdiction over all suits of a civil nature except those whose cognizance is expressly or impliedly barred.
A suit for the recovery of immovable property, with or without rent or profits, shall be instituted
ain the Court where the plaintiff resides
bin the Court within whose local limits the property is situate
cin the Court where the defendant resides
din any Court chosen by the plaintiff
Answer: B
Section 16 CPC requires suits for recovery of immovable property to be instituted in the Court within whose local jurisdiction the property is situate.
The power of the Court to transfer any suit, appeal or other proceeding pending before it to any subordinate Court is conferred by
aSection 25 CPC
bSection 23 CPC
cSection 24 CPC
dSection 22 CPC
Answer: C
Section 24 CPC empowers the High Court or District Court to transfer or withdraw any suit, appeal or other proceeding pending before it or any subordinate court.
Where a decree is varied or reversed in appeal, the Court which passed the decree shall, on the application of any party entitled to any benefit, cause restitution to be made. This is provided under
aSection 151 CPC
bSection 144 CPC
cSection 152 CPC
dSection 114 CPC
Answer: B
Section 144 CPC embodies the doctrine of restitution, placing the parties in the position they would have occupied but for the decree that was varied or reversed.
Under Section 148 CPC, where a period is fixed or granted by the Court for the doing of any act prescribed by the Code, the Court may, in its discretion, enlarge such period
afor an unlimited period at its discretion
bnot exceeding ninety days in total
cnot exceeding thirty days in total
dnot exceeding sixty days in total
Answer: C
After the 1999 amendment (w.e.f. 01.07.2002), Section 148 caps the enlargement of time at thirty days in total, even though the period originally fixed may have expired.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years and the person to be arrested is infirm or above sixty years of age, no arrest shall be made
ain any circumstances whatsoever
bwithout the prior permission of an officer not below the rank of Deputy Superintendent of Police
cwithout the prior sanction of the State Government
dwithout a warrant issued by the jurisdictional Magistrate
Answer: B
The proviso to Section 35(7) BNSS bars arrest of an infirm person or one above sixty years for offences punishable with imprisonment of less than three years except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
The maximum term of imprisonment that a Court of a Magistrate of the first class may pass under the Bharatiya Nagarik Suraksha Sanhita, 2023, is
atwo years
bfive years
cthree years
dseven years
Answer: C
Under Section 23(2) BNSS, a Magistrate of the first class may pass imprisonment up to three years, or a fine up to fifty thousand rupees, or both, or community service.
A Court of a Chief Judicial Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023, may pass any sentence authorised by law except
aimprisonment exceeding ten years
ba fine exceeding one lakh rupees
ca sentence of death or imprisonment for life only
da sentence of death, imprisonment for life, or imprisonment exceeding seven years
Answer: D
Section 23(1) BNSS permits a Chief Judicial Magistrate to pass any sentence authorised by law except death, imprisonment for life, or imprisonment for a term exceeding seven years.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, on information disclosing a cognizable offence the registration of a First Information Report
acan be made only after the Magistrate's prior permission
bmust be made only at the police station within whose jurisdiction the offence was committed
ccan be made only by the victim in person
dmay be made by any person at any police station irrespective of the area where the offence is committed (Zero FIR)
Answer: D
Section 173(1) BNSS gives statutory recognition to the Zero FIR, permitting registration of an FIR irrespective of the area where the offence is committed, which is then transferred to the police station having jurisdiction.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable for three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case within
aseven days
bthirty days
cninety days
dfourteen days
Answer: D
Section 173(3) BNSS allows a preliminary enquiry within fourteen days for offences punishable with three years or more but less than seven years, with prior permission of a DSP-rank officer.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence is made mandatory for offences punishable with imprisonment of
aten years or more
bfive years or more
cseven years or more
dthree years or more
Answer: C
Section 176(3) BNSS makes it mandatory for the investigating officer to cause a forensic expert to visit the crime scene, with videography of the process, for offences punishable with seven years or more.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum aggregate period of police custody that a Magistrate may authorise in respect of an arrested person is
asixty days
bseven days
cthirty days
dfifteen days
Answer: D
Section 187 BNSS retains the fifteen-day aggregate ceiling on police custody, but unlike the old Code allows it to be sought in parts during the initial forty or sixty days of investigation.
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with imprisonment up to ten years, the accused becomes entitled to default bail if the investigation is not completed within
aninety days
bone hundred and twenty days
csixty days
dforty days
Answer: C
Section 187(3) BNSS prescribes sixty days for offences not punishable with death, life imprisonment, or imprisonment of ten years or more; otherwise ninety days, on expiry of which the indefeasible right to default bail accrues.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender against whom no previous conviction is recorded shall be released on bond if he has undergone detention as an undertrial for
aone-half of the maximum period of imprisonment specified for the offence
bone-fourth of the maximum period of imprisonment specified for the offence
cone-third of the maximum period of imprisonment specified for the offence
dthe full maximum period of imprisonment specified for the offence
Answer: C
The first proviso to Section 479(1) BNSS gives a first-time offender (no prior conviction) release on bond after detention of one-third of the maximum sentence, against the general rule of one-half.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a trial in absentia of a proclaimed offender may commence only after the expiry of
asixty days from the framing of charge
bone hundred and eighty days from the framing of charge
cthirty days from the framing of charge
dninety days from the framing of charge
Answer: D
Section 356 BNSS, which newly introduces trial in absentia of a proclaimed offender, allows the trial to proceed only after ninety days from the date of framing of the charge.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition within
athirty days from the date the jail Superintendent informs him of the dismissal of his appeal or confirmation of the death sentence
bsixty days from the date of confirmation of the death sentence
cfifteen days from the date of rejection of the special leave petition
dninety days from the date of judgment
Answer: A
Section 472(1) BNSS, a new provision, prescribes thirty days from the date the Superintendent of jail informs the convict of dismissal of the appeal/SLP or confirmation of the death sentence for filing a mercy petition.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment which may extend to less than seven years, where arrest of the accused is not required, the police officer shall
aarrest the person and produce him before the Magistrate within 24 hours
bclose the investigation without further action
cobtain a warrant of arrest from the Magistrate
dissue a notice directing the person to appear before him under Section 35(3)
Answer: D
Section 35(3) BNSS makes issuance of a notice of appearance the rule, and arrest the exception, where the offence is punishable with imprisonment up to seven years and arrest is not necessary.
Under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a novel form of punishment that a Court of a Magistrate of the first class is empowered to award is
acommunity service
bpreventive detention
csolitary confinement
drigorous imprisonment only
Answer: A
Section 23(2) BNSS empowers a Magistrate of the first class to award community service, a newly recognised form of punishment defined in the Sanhita as unpaid work benefiting the community.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided under
aSection 302
bSection 105
cSection 101
dSection 103
Answer: D
Section 101 BNS defines murder, while Section 103 BNS prescribes the punishment (death or imprisonment for life and fine). The old IPC counterpart was Section 302.
The minimum sentence of imprisonment specified for the offence of dowry death under the Bharatiya Nyaya Sanhita, 2023 is
a3 years
b10 years
c7 years
d5 years
Answer: C
Section 80 BNS punishes dowry death with imprisonment of not less than seven years, extendable to imprisonment for life, carrying forward the position under the former Section 304-B IPC.
Under Section 80 of the Bharatiya Nyaya Sanhita, 2023, an offence of dowry death is constituted where the unnatural death of a woman, caused by burns or bodily injury, occurs
awithin three years of her marriage
bwithin five years of her marriage
cwithin seven years of her marriage
dat any time after her marriage
Answer: C
Section 80 BNS requires that the death occur otherwise than under normal circumstances within seven years of marriage, and that she was subjected to cruelty in connection with a demand for dowry.
Under the Bharatiya Nyaya Sanhita, 2023, when two or more persons agree to do, or cause to be done, an illegal act, it amounts to
acriminal conspiracy
battempt
cabetment
dunlawful assembly
Answer: A
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means.
To constitute an unlawful assembly under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required is
athree or more
bfive or more
ctwo or more
dseven or more
Answer: B
Section 189 BNS, like the former Section 141 IPC, requires an assembly of five or more persons acting with a common object of the kind enumerated therein.
Under the Bharatiya Nyaya Sanhita, 2023, putting a person in fear of injury in order to dishonestly induce him to deliver property or valuable security is
aextortion
bcriminal breach of trust
crobbery
dtheft
Answer: A
Section 308 BNS defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing him to deliver property or valuable security.
For the offence of kidnapping from lawful guardianship under Section 137 of the Bharatiya Nyaya Sanhita, 2023, a 'child' means a person below the age of
atwelve years, whether male or female
beighteen years, whether male or female
csixteen years, whether male or female
dsixteen years if male and eighteen years if female
Answer: B
Section 137 BNS uses the uniform term 'child', defined as a person below eighteen years irrespective of gender, removing the old IPC Section 361 distinction of under-16 for boys and under-18 for girls.
If, in committing dacoity, any one of the offenders commits murder, every one of the persons so committing the dacoity, under the Bharatiya Nyaya Sanhita, 2023,
ais liable to be punished with death or imprisonment for life
bis liable only for dacoity and not for the murder
cis liable only if he individually caused the death
dis liable only for abetment of murder
Answer: A
Section 310(3) BNS (corresponding to the former Section 396 IPC) provides that where murder is committed in the course of dacoity, every one of the persons committing the dacoity is punishable with death or imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, abetment of an offence is
aan offence only when the abettor is present at the place of the offence
bnever an independent offence
can offence even if the offence abetted is not committed
dan offence only when the offence abetted is actually committed
Answer: C
Under the abetment provisions of the BNS (Sections 45 to 60), abetment is an independent offence and is punishable even where the act abetted is not in fact committed.
Under the Bharatiya Nyaya Sanhita, 2023, the cutting and separating of a person's fingers in an assault amounts to
ano hurt
bgrievous hurt
csimple hurt
demasculation
Answer: B
Permanent privation or destruction of a joint or member is included in the definition of grievous hurt under Section 116 BNS (formerly Section 320 IPC).
The right to constitutional remedies, which Dr. B.R. Ambedkar described as the 'heart and soul' of the Constitution, is guaranteed under
aArticle 226
bArticle 14
cArticle 30
dArticle 32
Answer: D
Article 32 confers the right to move the Supreme Court for enforcement of fundamental rights and was termed the 'heart and soul' of the Constitution by Dr. Ambedkar. It is itself a fundamental right.
The doctrine that Parliament cannot, by way of amendment, destroy the 'basic structure' of the Constitution was propounded in
aKesavananda Bharati v. State of Kerala
bShankari Prasad v. Union of India
cA.K. Gopalan v. State of Madras
dGolak Nath v. State of Punjab
Answer: A
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by a 7-6 majority that the amending power under Article 368 does not extend to altering the basic structure of the Constitution.
Even during the operation of a Proclamation of Emergency, the right to move a court for enforcement of which of the following cannot be suspended?
aArticles 21 and 22
bArticles 19 and 20
cArticles 14 and 19
dArticles 20 and 21
Answer: D
By virtue of Article 359, the rights conferred by Articles 20 and 21 cannot be suspended even during an emergency; this protection was secured by the 44th Amendment.
The State's endeavour to secure for the citizens a uniform civil code throughout the territory of India is contained in
aArticle 48
bArticle 29
cArticle 44
dArticle 25
Answer: C
Article 44, a Directive Principle, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The directive principle requiring the State to provide equal justice and free legal aid was added to the Constitution by the 42nd Amendment as
aArticle 38
bArticle 41
cArticle 43A
dArticle 39A
Answer: D
Article 39A, inserted by the 42nd Amendment Act, 1976, directs the State to secure equal justice and free legal aid so that opportunities for justice are not denied by reason of economic disability.
Protection and improvement of the environment and safeguarding of forests and wildlife is enjoined upon the State by
aArticle 48A
bArticle 49
cArticle 48
dArticle 47
Answer: A
Article 48A, inserted by the 42nd Amendment, directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country.
By the 44th Amendment Act, 1978, the right to property was
ashifted to the Directive Principles under Article 39(b)
bretained as a fundamental right under Article 31
cabolished altogether without any substitute provision
ddeleted from Part III and made a constitutional/legal right under Article 300A
Answer: D
The 44th Amendment omitted Article 19(1)(f) and Article 31 from Part III and inserted Article 300A, making the right to property a constitutional/legal right rather than a fundamental right.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer shall be proved as against a person accused of any offence. This bar is contained in
aSection 24(1)
bSection 23(1)
cSection 22(1)
dSection 25(1)
Answer: B
Section 23(1) of the BSA, 2023 (corresponding to the old Section 25 of the Indian Evidence Act) prohibits proof of a confession made to a police officer against the accused.
Where an accused in police custody gives information leading to the discovery of a fact, so much of such information as relates distinctly to the fact thereby discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 this rule is found in
aSection 26(a)
bthe proviso to Section 23(2)
cSection 24
dSection 22, second proviso
Answer: B
The proviso to Section 23(2) of the BSA, 2023 (formerly Section 27 of the Indian Evidence Act) makes admissible so much of the information from an accused in custody as distinctly relates to the fact discovered.
A statement made by a person, since deceased, as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death (a 'dying declaration') is made relevant under the Bharatiya Sakshya Adhiniyam, 2023 by
aSection 26(a)
bSection 32
cSection 27
dSection 24(b)
Answer: A
Statements by persons who cannot be called as witnesses, including the dying declaration, are dealt with under Section 26 of the BSA, 2023, with the cause-of-death clause at Section 26(a) (formerly Section 32(1) of the Indian Evidence Act).
When the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. These are termed expert opinions and are dealt with, in the Bharatiya Sakshya Adhiniyam, 2023, under
aSection 51
bSection 47
cSection 45
dSection 39
Answer: D
Expert opinion, formerly Section 45 of the Indian Evidence Act, is now contained in Section 39 of the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. This rule is laid down in
aSection 104
bSection 105
cSection 101
dSection 106
Answer: B
Section 105 of the BSA, 2023 (formerly Section 102 of the Indian Evidence Act) fixes the burden of proof on the party who would fail if no evidence were given on either side; Section 104 is the general burden-of-proof provision.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023 this principle is contained in
aSection 111
bSection 104
cSection 106
dSection 109
Answer: D
Section 109 of the BSA, 2023 (formerly Section 106 of the Indian Evidence Act) places the burden of proving a fact especially within a person's knowledge upon that person.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that a person born during the continuance of a valid marriage between his mother and any man (or within 280 days after its dissolution, the mother remaining unmarried) shall be conclusive proof of legitimacy, is contained in
aSection 112
bSection 116
cSection 120
dSection 114
Answer: B
The conclusive presumption of legitimacy from birth during marriage, formerly Section 112 of the Indian Evidence Act, is now Section 116 of the BSA, 2023.
Where the question is whether a person has committed the dowry death of a woman, and it is shown that soon before her death she had been subjected by such person to cruelty or harassment for or in connection with any demand for dowry, the Court shall presume that such person caused the dowry death. Under the Bharatiya Sakshya Adhiniyam, 2023 this presumption is found in
aSection 113A
bSection 118
cSection 113B
dSection 117
Answer: B
The presumption as to dowry death, formerly Section 113B of the Indian Evidence Act, is now Section 118 of the BSA, 2023, and 'dowry death' takes its meaning from Section 80 of the BNS, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the document itself produced for the inspection of the Court is
aprimary evidence under Section 57
breal evidence under Section 56
csecondary evidence under Section 58
dprimary evidence under Section 62
Answer: A
Primary evidence means the document itself produced for the inspection of the Court, defined in Section 57 of the BSA, 2023 (formerly Section 62 of the Indian Evidence Act). Section 56 provides that contents may be proved by primary or secondary evidence.
Karnataka has officially adopted the Asian elephant (Elephas maximus) as its State animal; the State bird is the Indian roller and the State tree is sandalwood.
The number of Kannada writers who have so far been honoured with the Jnanpith Award, the highest literary award in India, is
aTen
bSeven
cSix
dEight
Answer: D
Eight Kannada litterateurs have won the Jnanpith Award - Kuvempu, D. R. Bendre, Shivaram Karanth, Masti Venkatesha Iyengar, V. K. Gokak, U. R. Ananthamurthy, Girish Karnad and Chandrashekhara Kambara - the highest for any Indian language.
If in a certain code language 'FRAME' is written as 'GSBNF', then in the same code language the word 'JUDGE' will be written as
aKTEHF
bKVEGF
cIVEHF
dKVEHF
Answer: D
Each letter is shifted one place forward in the alphabet (F to G, R to S, etc.). Applying the same to J-U-D-G-E gives K-V-E-H-F.
Q73General Knowledge / Reasoning
Find the next number in the series: 2, 6, 12, 20, 30, ?
a44
b40
c42
d36
Answer: C
The differences between consecutive terms are 4, 6, 8, 10, so the next difference is 12, giving 30 + 12 = 42. (The terms also follow n(n+1): 1x2, 2x3, 3x4, ... 6x7 = 42.)
Q74Transfer of Property Act
Under Section 6 of the Transfer of Property Act, the chance of an heir-apparent succeeding to an estate (spes successionis)
acannot be transferred
bmay be transferred for valuable consideration
cmay be transferred only by a registered instrument
dmay be transferred with the consent of the present owner
Answer: A
Section 6(a) expressly bars the transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis), as it is a mere expectancy and not an interest in property.
A mere right to sue under Section 6 of the Transfer of Property Act
ais transferable only after the institution of the suit
bis transferable like any other actionable claim
ccannot be transferred
dis transferable only between the original parties to the suit
Answer: C
Section 6(e) provides that a mere right to sue cannot be transferred. Once a decree for damages is passed it ceases to be a mere right to sue and may then be transferred.
Where a person erroneously represents that he is authorised to transfer immovable property and transfers it for consideration, and afterwards acquires an interest in that property, the transfer operates on the after-acquired interest at the option of the transferee. This rule of 'feeding the grant by estoppel' is contained in
aSection 53A of the Transfer of Property Act
bSection 41 of the Transfer of Property Act
cSection 43 of the Transfer of Property Act
dSection 52 of the Transfer of Property Act
Answer: C
Section 43 embodies the doctrine of feeding the grant by estoppel; a fraudulent or erroneous representation of authority, followed by acquisition of interest, enures to the transferee's benefit at his option while the contract subsists.
In Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847), the Supreme Court held that a transferee who takes a transfer for consideration on the faith of a representation of a present transferable interest, where the transferor in fact had only a spes successionis,
ais not entitled to the benefit of Section 43 because of the bar in Section 6(a)
bis entitled to the benefit of Section 43 of the Transfer of Property Act
cacquires no right of any kind in the property
dcan claim the property only under the doctrine of lis pendens
Answer: B
The Supreme Court held that Section 6(a) and Section 43 operate in different spheres; a transferee acting on the representation of a present interest for consideration gets the benefit of Section 43 even though the transferor had only a spes successionis.
The doctrine of lis pendens, under which property in dispute cannot be transferred so as to affect the rights of any party to a pending suit, is contained in
aSection 55 of the Transfer of Property Act
bSection 48 of the Transfer of Property Act
cSection 52 of the Transfer of Property Act
dSection 53 of the Transfer of Property Act
Answer: C
Section 52 embodies the doctrine of lis pendens; during the pendency of a suit in which a right to immovable property is in question, the property cannot be transferred so as to affect the rights of any party under the decree.
The protection available to a transferee who has taken possession under a written contract of sale and has performed or is willing to perform his part, even though the transfer has not been completed by a registered instrument, is known as the doctrine of
asubrogation under Section 92
bmarshalling under Section 56
celection under Section 35
dpart performance under Section 53A
Answer: D
Section 53A embodies the doctrine of part performance; where the transferee has taken possession under a written contract and is willing to perform his part, the transferor is barred from enforcing any right against him in respect of the property, save as provided by the contract.
Under Section 41 of the Transfer of Property Act, a transfer by an ostensible owner is not voidable by the real owner if the transferee
ahas obtained the prior written permission of the real owner
bhas taken the transfer for valuable consideration only
cis a bona fide purchaser even without making any enquiry
dafter taking reasonable care to ascertain the transferor's power, has acted in good faith
Answer: D
Section 41 protects the transferee from an ostensible owner only where the transfer is made with the consent (express or implied) of the real owner, and the transferee, after taking reasonable care to ascertain the transferor's power, has acted in good faith.
Under Section 2(d) of the Indian Contract Act, consideration
amay move from the promisee or any other person at the desire of the promisor
bmust always move from the promisee himself
cmust be adequate to the promise
dmust always be a present act and never a promise
Answer: A
Section 2(d) provides that consideration may be furnished by the promisee 'or any other person' acting at the desire of the promisor, and it may consist of an act, abstinence or promise (past, present or future). This is the statutory basis for the doctrine that consideration need not move from the promisee alone.
Every person is competent to contract under Section 11 of the Indian Contract Act who
anone of the above
bis merely of the age of majority
cis of sound mind, irrespective of age
dis of the age of majority, of sound mind and not disqualified by any law to which he is subject
Answer: D
Section 11 lays down three cumulative conditions for capacity: majority, soundness of mind, and absence of any disqualification by the law to which the person is subject.
A promise in writing and registered, made on account of natural love and affection between parties standing in a near relation, is
avoid for want of consideration
benforceable only if consideration is adequate
cvoidable at the option of the promisor
dvalid as an exception under Section 25(1) of the Indian Contract Act
Answer: D
Section 25(1) saves from invalidity an agreement made without consideration where it is expressed in writing, registered, and made on account of natural love and affection between parties in a near relation.
Under the Explanation to Section 25 of the Indian Contract Act, inadequacy of consideration
adoes not make the agreement void, but may be considered in deciding whether the promisor's consent was freely given
bmakes the agreement voidable in every case
cby itself renders the agreement void
dis wholly irrelevant for any purpose
Answer: A
The Explanation to Section 25 provides that an agreement is not void merely because the consideration is inadequate; however, the inadequacy may be taken into account by the court in determining whether consent was freely given.
A promise made in writing and signed to pay a debt of which payment could have been enforced but for the law of limitation is
avalid under the exception in Section 25(3) of the Indian Contract Act
bvoid as the debt is time-barred
cenforceable only if the original debt is revived by a fresh consideration
dnone of the above
Answer: A
Section 25(3) makes a written and signed promise to pay a time-barred debt a valid exception to the rule that an agreement without consideration is void.
Where a contract, after it is made, becomes impossible or unlawful by reason of an event which the promisor could not prevent, the contract
abecomes void when the act becomes impossible or unlawful
bis merely suspended until performance is again possible
cremains binding and the promisor must pay damages
dbecomes voidable at the option of the promisor
Answer: A
The second paragraph of Section 56 embodies the doctrine of supervening impossibility (frustration): the contract becomes void when the act becomes impossible or unlawful.
A person dispossessed of immovable property without his consent otherwise than in due course of law may, under Section 6 of the Specific Relief Act, 1963, recover possession by filing a suit. Such a suit must be instituted within
athree months from the date of dispossession
btwelve years from the date of dispossession
cone year from the date of dispossession
dsix months from the date of dispossession
Answer: D
Section 6(2)(a) bars a suit brought after the expiry of six months from the date of dispossession. The twelve-year period applies only to a regular title suit, not to the summary remedy under Section 6.
With regard to a suit for recovery of possession instituted under Section 6 of the Specific Relief Act, 1963, which of the following is correct?
aAn appeal lies, but no review is permitted
bBoth an appeal and a review lie
cNo appeal and no review lie from any order or decree passed in such a suit
dOnly a review lies, but no appeal
Answer: C
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of such order or decree be allowed.
A suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession of immovable property
amay be brought against the Government within one year
bcannot be brought against the Government
cmay be brought against the Government only with prior sanction of the State
dmay be brought against the Government like any other person
Answer: B
The proviso to Section 6(2) declares that no suit under this section shall be brought against the Government; the dispossessed person must instead sue to establish title under Section 5.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract under Section 10 of the Act is
aavailable only where compensation in money is an adequate relief
bpurely within the discretion of the court
cwholly abolished and replaced by damages
dto be enforced by the court, subject only to the provisions of Sections 11(2), 14 and 16
Answer: D
The 2018 Amendment substituted Section 10 so that specific performance 'shall' be enforced by the court, subject to Sections 11(2), 14 and 16; the earlier discretionary scheme was replaced.
Under Section 14 of the Specific Relief Act, 1963 (as amended in 2018), which of the following contracts CANNOT be specifically enforced?
aA contract for the sale of immovable property
bA contract for transfer of a unique chattel having no available substitute
cA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
dA contract to execute a registered sale deed for agreed consideration
Answer: C
Section 14(b) bars specific enforcement of a contract whose performance involves a continuous duty the court cannot supervise; the other contracts are ordinarily specifically enforceable.
Section 14(d) provides that a contract which is in its nature determinable cannot be specifically enforced, since one party may lawfully bring it to an end.
Under Section 4 of the Negotiable Instruments Act, 1881, a promissory note contains
aa direction to a banker to pay on demand
ba conditional promise to pay on the happening of an event
can unconditional undertaking by the maker to pay a certain sum of money
dan unconditional order by the maker directing another to pay
Answer: C
Section 4 defines a promissory note as an instrument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer.
Under Section 5 of the Negotiable Instruments Act, 1881, a bill of exchange contains
aa conditional order to a banker
ban unconditional order, signed by the maker, directing a certain person to pay a certain sum of money
can unconditional undertaking to pay
da mere acknowledgment of debt
Answer: B
Section 5 defines a bill of exchange as an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer.
A cheque, as defined under Section 6 of the Negotiable Instruments Act, 1881
acannot be drawn in electronic form
bis a promissory note payable on demand
cis a bill of exchange drawn on a specified banker and includes the electronic image of a truncated cheque and a cheque in the electronic form
dmust always be expressed to be payable after a fixed term
Answer: C
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand; the definition (after the 2002 amendment) includes the electronic image of a truncated cheque and a cheque in the electronic form.
A 'holder in due course' under Section 9 of the Negotiable Instruments Act, 1881 is a person who becomes possessor of the instrument
awithout consideration but in good faith
bafter the amount became payable, with notice of defect
cfor consideration, before the amount became payable, and without sufficient cause to believe that any defect existed in the title of the transferor
dmerely by finding the lost instrument
Answer: C
Section 9 requires that the holder in due course take the instrument for consideration, before maturity (before the amount became payable), and without sufficient cause to believe that any defect existed in the title of the person from whom he derived title.
Under Section 27(2)(a) of the Karnataka Rent Act, 1999, a tenant can be evicted for non-payment of rent only if he has neither paid nor tendered the whole of the arrears within
aone month from the date of service of the notice of demand
btwo months from the date on which the notice of demand for payment was served on him by the landlord
cfifteen days from the date of the notice of demand
dninety days from the date of the notice of demand
Answer: B
Section 27(2)(a) permits eviction where the tenant fails to pay or tender the whole of the arrears within two months from the date the demand notice (served under Section 106 of the Transfer of Property Act) is served on him.
Protection of tenants against eviction is provided under which section of the Karnataka Rent Act, 1999?
aSection 27
bSection 35
cSection 21
dSection 32
Answer: A
Section 27 of the Karnataka Rent Act, 1999, titled 'Protection of tenants against eviction', bars any decree for recovery of possession against a tenant except on the grounds set out in sub-section (2).
Under Section 2(3)(e) of the Karnataka Rent Act, 1999, the Act does not apply to premises the standard rent of which exceeds, in an area referred to in Part A of the First Schedule,
aten thousand rupees per month
bfive thousand rupees per month
cthree thousand five hundred rupees per month
dtwo thousand rupees per month
Answer: C
Section 2(3)(e)(i) exempts premises whose standard/deemed rent exceeds three thousand five hundred rupees per month in Part A areas (and two thousand rupees per month in any other area).
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