Karnataka Judiciary Mock Test 3 — Questions & Solutions
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Where the Court is satisfied that the summons cannot be served in the ordinary way, it may order service by affixing a copy in some conspicuous place and by such other manner as it thinks fit. Such substituted service is provided under
aOrder V Rule 9 CPC
bOrder V Rule 20 CPC
cOrder V Rule 17 CPC
dOrder V Rule 1 CPC
Answer: B
Order V Rule 20 CPC provides for substituted service, including service by affixture and through newspaper publication, where the Court is satisfied the defendant is avoiding service or cannot be served ordinarily.
The Court may, at any time before passing a decree, strike out any issue that appears to it to be wrongly framed or introduced. This power is conferred by
aOrder XIV Rule 2 CPC
bOrder XIV Rule 5 CPC
cOrder XIV Rule 1 CPC
dOrder XV Rule 1 CPC
Answer: B
Order XIV Rule 5 CPC empowers the Court to amend issues or frame additional issues, and to strike out wrongly framed or introduced issues, at any time before passing the decree.
Where a party wishes to be examined as a witness, the Court may permit him to depose
aonly with the consent of the opposite party
bonly after the opposite party closes its evidence
conly after all his witnesses have been examined
dbefore any other witness on his behalf is examined, under Order XVIII Rule 3A
Answer: D
Order XVIII Rule 3A CPC permits a party who wishes to appear as a witness to depose before his other witnesses are examined; if he wishes to depose later, the Court's permission, with reasons recorded, is required.
In a suit by an indigent person, the plaintiff is one who is not possessed of sufficient means (other than property exempt from attachment and the subject-matter of the suit) to pay the prescribed court fee. Such suits are governed by
aOrder XXIII CPC
bOrder XXXII CPC
cOrder XXXIII CPC
dOrder XXXV CPC
Answer: C
Order XXXIII CPC permits an indigent person to institute a suit without paying court fee at the outset; Order XXXII deals with suits by or against minors, and Order XXXV with interpleader suits.
A final order passed on a claim or objection to attachment of property under Order XXI Rule 58 CPC is
anot appealable but revisable under Section 115 CPC
bopen to challenge only by a separate suit
cappealable by way of a miscellaneous appeal under Order XLIII Rule 1 CPC
dfinal and conclusive with no further remedy
Answer: C
An order adjudicating a claim or objection under Order XXI Rule 58 has the force of a decree-like determination, and an appeal lies against it as a miscellaneous appeal under Order XLIII Rule 1 CPC.
The bar of res judicata under Section 11 of the Code of Civil Procedure operates
aonly where both suits are between strangers to each other
beven where the former suit was decided by a Court not competent to try the subsequent suit
conly where the former suit was decided by a Court of competent jurisdiction and the matter was directly and substantially in issue in both suits
deven where the matter was only collaterally or incidentally in issue in the former suit
Answer: C
Section 11 bars re-trial of a matter directly and substantially in issue in a former suit between the same parties, heard and finally decided by a Court competent to try the subsequent suit. A matter only collaterally or incidentally in issue does not attract the bar.
A second appeal under Section 100 of the Code of Civil Procedure to the High Court lies only
awhere the value of the subject-matter exceeds rupees one lakh
bwhere the lower appellate court has erred on a question of fact
cas a matter of right on both questions of law and fact
dwhere the case involves a substantial question of law
Answer: D
Section 100 CPC confines the High Court's second-appellate jurisdiction to cases involving a substantial question of law, which must be formulated. A second appeal does not lie merely on questions of fact.
An application for restitution where a decree is varied or reversed in appeal is dealt with under
aSection 47 of the Code of Civil Procedure
bSection 151 of the Code of Civil Procedure
cSection 144 of the Code of Civil Procedure
dSection 152 of the Code of Civil Procedure
Answer: C
Section 144 CPC embodies the doctrine of restitution, empowering the court to place the parties in the position they would have occupied but for the decree later varied or reversed.
Clerical or arithmetical mistakes in a judgment, decree or order arising from accidental slip or omission may be corrected by the court
aeither of its own motion or on the application of any of the parties under Section 152
bonly on a review petition under Order XLVII
conly on an application by the decree-holder under Order XXI
donly by the appellate court under Section 96
Answer: A
Section 152 CPC permits correction of clerical or arithmetical mistakes arising from accidental slip or omission, either suo motu by the court or on application of the parties.
No appeal shall lie from a decree passed by the court with the consent of parties. This is provided under
aSection 100A of the Code of Civil Procedure
bSection 96(3) of the Code of Civil Procedure
cSection 97 of the Code of Civil Procedure
dSection 96(1) of the Code of Civil Procedure
Answer: B
Section 96(3) CPC bars an appeal from a decree passed by the court with the consent of parties, since such a decree rests on the agreement of the parties rather than adjudication.
An application by a defendant to set aside an ex parte decree passed against him is to be filed under
aOrder IX Rule 7 of the Code of Civil Procedure
bOrder IX Rule 4 of the Code of Civil Procedure
cOrder IX Rule 9 of the Code of Civil Procedure
dOrder IX Rule 13 of the Code of Civil Procedure
Answer: D
Order IX Rule 13 enables a defendant against whom an ex parte decree is passed to apply for its setting aside on showing sufficient cause for non-appearance. Order IX Rule 9 applies where the suit is dismissed for plaintiff's default.
The power of the High Court to call for the record of a subordinate court to satisfy itself as to jurisdiction (revisional jurisdiction) is contained in
aSection 113 of the Code of Civil Procedure
bSection 114 of the Code of Civil Procedure
cSection 151 of the Code of Civil Procedure
dSection 115 of the Code of Civil Procedure
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court where a subordinate court has exercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in exercise of its jurisdiction.
A preliminary decree in a suit for partition of agricultural land paying revenue to the Government is required to be passed under
aOrder XX Rule 15 of the Code of Civil Procedure
bOrder XX Rule 18 of the Code of Civil Procedure
cOrder XX Rule 9 of the Code of Civil Procedure
dOrder XX Rule 12 of the Code of Civil Procedure
Answer: B
Order XX Rule 18 governs decrees in partition suits; for an estate assessed to Government revenue the decree declaring the rights is to be passed and the partition effected through the Collector.
Before an execution court issues process on an application made more than two years after the date of the decree, it must issue notice to the person against whom execution is sought. This requirement is found in
aOrder XXI Rule 11 of the Code of Civil Procedure
bOrder XXI Rule 2 of the Code of Civil Procedure
cOrder XXI Rule 58 of the Code of Civil Procedure
dOrder XXI Rule 22 of the Code of Civil Procedure
Answer: D
Order XXI Rule 22 requires the execution court to issue notice to show cause before executing a decree where the application is made more than two years after the decree, or against the legal representative of a deceased judgment-debtor.
Where the plaintiff is dispossessed of immovable property and pleads no question of title, a suit for recovery of possession on the basis of previous possession alone must be brought within six months of dispossession under
aOrder VII Rule 1 of the Code of Civil Procedure
bSection 6 of the Specific Relief Act read with the principle of possessory suits, while ordinary possession suits are governed by the Code of Civil Procedure
cSection 16 of the Code of Civil Procedure
dSection 9 of the Code of Civil Procedure
Answer: B
A summary possessory suit based on prior possession (without proof of title) lies under Section 6 of the Specific Relief Act and must be filed within six months; the Code of Civil Procedure governs the procedure for such and ordinary title-based possession suits.
A plaint shall be rejected where it does not disclose a cause of action. This ground for rejection is provided under
aOrder VII Rule 11(a) of the Code of Civil Procedure
bOrder VII Rule 10 of the Code of Civil Procedure
cOrder VI Rule 17 of the Code of Civil Procedure
dOrder VII Rule 1 of the Code of Civil Procedure
Answer: A
Order VII Rule 11(a) mandates rejection of a plaint that does not disclose a cause of action. Order VII Rule 10, by contrast, provides for return of the plaint for presentation to the proper court.
A defendant may set up by way of set-off, against the plaintiff's demand, an ascertained sum of money legally recoverable by him. This is permitted under
aOrder VIII Rule 6 of the Code of Civil Procedure
bOrder VIII Rule 1 of the Code of Civil Procedure
cOrder VI Rule 2 of the Code of Civil Procedure
dOrder VIII Rule 6A of the Code of Civil Procedure
Answer: A
Order VIII Rule 6 permits legal set-off, confined to an ascertained sum of money legally recoverable, in suits for recovery of money. A counter-claim (which need not be a money claim) is dealt with separately under Order VIII Rule 6A.
On the application of a person to sue as an indigent person, the court rejecting the application shall, except in prescribed cases, refuse to allow him to apply again in respect of the same right to sue. The procedure for suits by indigent persons is contained in
aOrder XLIV of the Code of Civil Procedure
bOrder XXXIII of the Code of Civil Procedure
cOrder XXX of the Code of Civil Procedure
dOrder XXXII of the Code of Civil Procedure
Answer: B
Order XXXIII CPC prescribes the procedure for suits by indigent persons, including the inquiry into indigency and the consequence of rejection. Order XXXII deals with suits by or against minors, and Order XLIV with appeals by indigent persons.
A temporary injunction to restrain a defendant from dispossessing the plaintiff or causing injury to the property in dispute may be granted under
aSection 38 of the Specific Relief Act only
bOrder XL Rule 1 of the Code of Civil Procedure
cOrder XXXIX Rules 1 and 2 of the Code of Civil Procedure
dOrder XXXVIII Rule 5 of the Code of Civil Procedure
Answer: C
Order XXXIX Rules 1 and 2 CPC empower the court to grant a temporary injunction to preserve property in dispute and to restrain breach or injury. Order XL Rule 1 concerns appointment of a receiver, and Order XXXVIII Rule 5 attachment before judgment.
Under Order VIII Rule 1 of the Code of Civil Procedure, the defendant who fails to file the written statement within 30 days may be allowed to do so on recording reasons, but in no case later than
a30 days from the date of framing of issues
b90 days from the date of service of summons
c60 days from the date of service of summons
d120 days from the first hearing of the suit
Answer: B
The proviso to Order VIII Rule 1 CPC permits extension on recorded reasons, but the written statement shall not be filed later than 90 days from the date of service of summons.
Under the proviso to Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an offence punishable with imprisonment up to ten years, the fifteen days of police custody may be sought by the Magistrate within the initial period of
aforty days
bfifteen days
cninety days
dsixty days
Answer: A
Under Section 187(3) BNSS, the fifteen days of police custody, whole or in parts, may be authorised during the initial forty days where the total detention period is sixty days (offences not falling in the higher category), and within sixty days where it is ninety days.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a summons served through electronic communication under the provisions of Section 64 onwards shall be
atreated as invalid unless personally served thereafter
bvalid only if acknowledged in writing by the person summoned
cconsidered as duly served, a copy being attested and kept as proof of service
dvalid only in summons cases and not in warrant cases
Answer: C
The BNSS recognises electronic service of summons; a summons served through electronic communication is considered duly served, with an attested copy retained as proof of service.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where the maximum permissible period of police custody of an accused is fifteen days, such police custody may be authorised by the Magistrate
ain whole or in parts, during the initial forty or sixty days of the total period of detention of sixty or ninety days
bonly after obtaining sanction of the Sessions Court
cat any time before filing of the police report, without any outer limit
donly within the first fifteen days of detention
Answer: A
Section 187(3) BNSS permits the fifteen days of police custody to be taken in whole or in parts during the initial 40 or 60 days out of the total detention period of 60 or 90 days, departing from the old Section 167 CrPC scheme.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which a Magistrate may authorise detention of an accused, on the expiry of which he becomes entitled to default bail, is ninety days where the offence is punishable with
aimprisonment for seven years or more
bdeath or imprisonment for life only
cdeath, imprisonment for life or imprisonment for a term of not less than ten years
dimprisonment for three years or more
Answer: C
Under Section 187(3) BNSS, the 90-day limit applies where the offence is punishable with death, life imprisonment, or imprisonment for a term of not less than ten years; for all other offences the limit is 60 days.
Information relating to the commission of a cognizable offence may, under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, be given to the officer in charge of a police station
aonly in writing signed by the informant
bonly through an advocate engaged by the informant
corally or in writing or by electronic communication, irrespective of the place where the offence is committed
donly orally and in person at the police station within whose jurisdiction the offence occurred
Answer: C
Section 173(1) BNSS permits information of a cognizable offence to be given orally, in writing or by electronic communication, and enables registration of a 'Zero FIR' irrespective of territorial jurisdiction.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a preliminary enquiry to ascertain whether a prima facie case exists, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, may be conducted where the cognizable offence is punishable with imprisonment
afor less than three years only
bfor three years or more but less than seven years
cfor life or death
dfor seven years or more
Answer: B
The proviso to Section 173(3) BNSS allows a preliminary enquiry (within 14 days, with DSP permission) only where the offence is punishable with imprisonment of three years or more but less than seven years.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest of a person who is infirm or above sixty years of age shall be made, in respect of an offence punishable with imprisonment of less than three years, without the prior permission of an officer not below the rank of
aDeputy Superintendent of Police
bSuperintendent of Police
cStation House Officer
dDistrict Magistrate
Answer: A
Section 35(7) BNSS introduces a fresh safeguard: for offences punishable with less than three years' imprisonment, an infirm person or one above sixty years cannot be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the scene of crime to collect forensic evidence where the offence is punishable with imprisonment for a term of
aseven years or more
bthree years or more
cfive years or more
dten years or more
Answer: A
Section 176(3) BNSS makes forensic investigation compulsory, requiring a forensic expert to visit the crime scene and videograph the process, for offences punishable with imprisonment of seven years or more.
A new provision for trial in absentia of a proclaimed offender who has absconded to evade trial is contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 in
aSection 299
bSection 482
cSection 339
dSection 356
Answer: D
Section 356 BNSS, which has no equivalent in the old CrPC, empowers a court to try and pronounce judgment against a proclaimed offender in his absence, after a mandatory waiting period of ninety days from framing of charge.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an undertrial prisoner who is a first-time offender shall be released on bond by the Court where he has undergone detention for a period extending up to
aone-fourth of the maximum period of imprisonment specified for the offence
bthe entire maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
Section 479 BNSS provides that a first-time offender is to be released on bond after undergoing detention up to one-third of the maximum sentence; for other undertrials the threshold is one-half (with exclusions for death/life offences).
The power of a court to direct that a person apprehending arrest on an accusation of having committed a non-bailable offence be released on bail in the event of arrest (anticipatory bail) is conferred by the Bharatiya Nagarik Suraksha Sanhita, 2023 in
aSection 483
bSection 482
cSection 438
dSection 480
Answer: B
Anticipatory bail, which was Section 438 of the old CrPC, is now contained in Section 482 BNSS.
An order for maintenance of wives, children and parents who are unable to maintain themselves may be passed by a Magistrate of the first class under the Bharatiya Nagarik Suraksha Sanhita, 2023 under
aSection 144
bSection 125
cSection 164
dSection 138
Answer: A
The maintenance provision formerly Section 125 CrPC is re-enacted as Section 144 BNSS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation to prepare and notify a Witness Protection Scheme is cast upon
athe National Human Rights Commission
bthe High Court of the State
cevery State Government, for its State
dthe Central Government, for the whole of India
Answer: C
Section 398 BNSS requires every State Government to prepare and notify a Witness Protection Scheme for the State, giving statutory footing to the protection of witnesses.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the recording of the process of search and seizure, including the preparation of the list of seized things, through audio-video electronic means (preferably mobile phone) by the police officer is
apermitted only with prior orders of the Sessions Court
bpermitted only in offences punishable with death
cmandatory, and the recording is to be forwarded without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class
dpurely optional and at the discretion of the officer
Answer: C
Section 105 BNSS makes audio-video recording of search and seizure mandatory and requires the officer to forward the recording without delay to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.
Under Exception 1 to Section 101 of the Bharatiya Nyaya Sanhita, 2023, culpable homicide is not murder if the offender causes death whilst
aa public servant exceeding the powers given by law
bexercising in good faith the right of private defence
cdeprived of the power of self-control by grave and sudden provocation
dacting without premeditation in a sudden fight
Answer: C
Exception 1 to Section 101 BNS deals with grave and sudden provocation. The sudden fight situation is Exception 4 and exceeding private defence is Exception 2.
The clause of Section 116 of the Bharatiya Nyaya Sanhita, 2023 (defining grievous hurt) which treats hurt as grievous includes a hurt which endangers life or causes the sufferer to be unable to follow his ordinary pursuits during the space of
aten days
bseven days
ctwenty days
dfifteen days
Answer: D
The last clause of Section 116 BNS specifies a hurt which endangers life, or causes severe bodily pain or inability to follow ordinary pursuits during fifteen days, as grievous hurt.
Under the Bharatiya Nyaya Sanhita, 2023, the new offence of 'organised crime', covering continuing unlawful activity by a crime syndicate, is introduced by
aSection 113 BNS
bSection 109 BNS
cSection 117 BNS
dSection 111 BNS
Answer: D
Section 111 BNS is a newly created offence dealing with organised crime, including its definition of 'proceeds of organised crime'; it has no equivalent in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, where the death of a woman is caused by burns, bodily injury or otherwise than under normal circumstances, to be a 'dowry death' such death must occur
awithin three years of her marriage
bwithin seven years of her marriage
cwithin five years of her marriage
dat any time during the subsistence of marriage
Answer: B
Section 80 BNS defines dowry death as the death of a woman caused otherwise than under normal circumstances within seven years of marriage, coupled with cruelty or harassment for dowry soon before death.
Under the Bharatiya Nyaya Sanhita, 2023, the definition of 'criminal conspiracy' is contained in
aSection 61
bSection 120B
cSection 45
dSection 120A
Answer: A
Section 61 BNS defines criminal conspiracy as an agreement by two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means.
Putting a person in fear of any injury in order to dishonestly induce him to deliver property or valuable security constitutes, under the Bharatiya Nyaya Sanhita, 2023,
acriminal breach of trust
btheft
crobbery
dextortion
Answer: D
Section 308 BNS defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing the person so put in fear to deliver property or valuable security.
The protection against being prosecuted and punished for the same offence more than once is guaranteed under
aArticle 20(3)
bArticle 21
cArticle 20(1)
dArticle 20(2)
Answer: D
Article 20(2) embodies the rule against double jeopardy, providing that no person shall be prosecuted and punished for the same offence more than once.
The protection against ex post facto criminal laws, namely that no person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of commission of the offence, is contained in
anone of the above
bArticle 20(2)
cArticle 22
dArticle 20(1)
Answer: D
Article 20(1) prohibits conviction under retrospective penal laws and prohibits imposition of a penalty greater than that prescribed by the law in force when the offence was committed.
Free and compulsory education to all children of the age of six to fourteen years is provided as a fundamental right under
aArticle 19(1)(a)
bArticle 21A
cArticle 41
dArticle 45
Answer: B
Article 21A, inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, makes free and compulsory education for children aged six to fourteen years a fundamental right.
The direction to the State to endeavour to secure for the citizens a uniform civil code throughout the territory of India is
aa fundamental right under Part III
ba Directive Principle of State Policy under Part IV
ca fundamental duty under Part IVA
dnone of the above
Answer: B
Article 44, which directs the State to endeavour to secure a uniform civil code, is a Directive Principle of State Policy in Part IV and is not directly enforceable by any court.
The direction that the State shall take steps to separate the judiciary from the executive in the public services of the State is contained in
aArticle 50
bArticle 235
cArticle 39A
dArticle 233
Answer: A
Article 50, a Directive Principle of State Policy in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State.
A Proclamation issued under Article 356 on failure of constitutional machinery in a State shall cease to operate, unless approved by resolutions of both Houses of Parliament, on the expiration of
asix months
btwo months
cone month
dthree months
Answer: B
A Proclamation under Article 356 ceases to operate at the expiry of two months unless, before that period, it is approved by resolutions of both Houses of Parliament.
Subject to the conditions in the Constitution, a Proclamation of President's rule under Article 356 shall not in any case remain in force for more than
atwo years
bthree years
cfive years
done year
Answer: B
Article 356 provides that, even with periodic parliamentary approval, a Proclamation shall not in any case remain in force for more than three years.
An amendment of those provisions of the Constitution which affect the federal structure, such as the Seventh Schedule, requires, in addition to the special majority in each House of Parliament, ratification by the Legislatures of
aall the States
bnot less than one-half of the States
cno State is required
dnot less than two-thirds of the States
Answer: B
Under the proviso to Article 368(2), amendments affecting the federal structure (including the Seventh Schedule) require ratification by the Legislatures of not less than one-half of the States.
An ordinary amendment of the Constitution under Article 368 requires that the Bill be passed in each House by a majority of the total membership of that House and by a majority of
anone of the above
bnot less than three-fourths of the members present and voting
ca simple majority of the members present and voting
dnot less than two-thirds of the members present and voting
Answer: D
Article 368(2) requires a constitutional amendment Bill to be passed by a majority of the total membership of each House and by a majority of not less than two-thirds of the members of that House present and voting.
The Comptroller and Auditor-General of India can be removed from office
ain like manner and on the like grounds as a Judge of the Supreme Court
bby the Union Cabinet
cby the President at his pleasure
dby a resolution of the Council of States alone
Answer: A
Under Article 148, the Comptroller and Auditor-General is appointed by the President and can be removed only in like manner and on the like grounds as a Judge of the Supreme Court, securing his independence.
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 (the dying declaration), is made relevant under
aSection 26 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 60 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 8 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 32 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
Section 26 of the BSA, 2023 deals with statements of relevant facts by persons who are dead or who cannot be found, including the dying declaration, corresponding to Section 32 of the Indian Evidence Act.
When the Court has to form an opinion upon a point of foreign law, science, art, or as to the identity of handwriting or finger impressions, the opinion of a specially skilled person is relevant under the Bharatiya Sakshya Adhiniyam, 2023 as
aSection 60
bSection 39
cSection 45
dSection 47
Answer: B
Section 39 of the BSA, 2023 makes the opinion of experts relevant and also expressly includes the opinion of the Examiner of Electronic Evidence on electronic or digital records.
Under the Bharatiya Sakshya Adhiniyam, 2023, oral evidence must, in all cases whatever, be
agiven on oath before a Magistrate
breduced to writing
cdirect
dcorroborated by documentary evidence
Answer: C
Section 54 of the BSA, 2023 requires that oral evidence must in all cases be direct, that is, given by a person who has himself perceived the fact, excluding hearsay.
The conditions for the admissibility of an electronic record, including the requirement of a certificate, are now governed under the Bharatiya Sakshya Adhiniyam, 2023 by
aSection 39
bSection 61
cSection 63
dSection 65B
Answer: C
Section 63 of the BSA, 2023 lays down the conditions for admissibility of electronic records and the accompanying certificate, replacing Section 65B of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, an electronic or digital record shall not be denied admissibility in evidence merely on the ground that it is an electronic or digital record. This is provided in
aSection 62
bSection 39
cSection 61
dSection 57
Answer: C
Section 61 of the BSA, 2023 provides that nothing in the Act shall apply to deny the admissibility of an electronic or digital record on the ground that it is such a record, and gives it the same legal effect as paper documents subject to Section 63.
Burden of proof in the Bharatiya Sakshya Adhiniyam, 2023 is dealt with by
aSection 118 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 138 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 101 of the Indian Evidence Act, retained as such
dSection 104 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 104 of the BSA, 2023 provides that whoever desires a Court to give judgment as to any legal right or liability dependent on facts he asserts must prove that those facts exist, corresponding to Section 101 of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, on proof that soon before her death a woman had been subjected to cruelty or harassment in connection with a demand for dowry, the Court, on the question of dowry death,
ashall presume that such person caused the dowry death
bmay presume that such person caused the dowry death
cshall take the fact as conclusive proof of guilt
dshall make no presumption
Answer: A
Section 118 of the BSA, 2023 directs that the Court shall presume the dowry death once the foundational facts of cruelty soon before death in connection with a dowry demand are shown; it is a mandatory presumption.
Where a married woman commits suicide within seven years of her marriage and it is shown that her husband or his relative subjected her to cruelty, the Court, under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023,
amay presume, having regard to all the circumstances, that the suicide was abetted
bcan draw no presumption
cshall presume that the suicide was abetted
dmust treat abetment as conclusive proof
Answer: A
Section 117 of the BSA, 2023 uses the words 'may presume', so the presumption as to abetment of suicide by a married woman is discretionary, unlike the mandatory dowry-death presumption under Section 118.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice
ais a conclusive witness whose evidence needs no corroboration
bcan testify only with the sanction of the Sessions Court
cshall be a competent witness against an accused person
dis not a competent witness against the accused
Answer: C
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person; the enacted text adds that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
Kannada literature has produced the highest number of recipients of the Jnanpith Award among Indian languages. That number is
aEight
bSeven
cFive
dSix
Answer: A
Eight Kannada writers have won the Jnanpith Award - Kuvempu, D. R. Bendre, K. Shivarama Karanth, Masti Venkatesha Iyengar, V. K. Gokak, U. R. Ananthamurthy, Girish Karnad and Chandrashekhara Kambara - the most for any Indian language.
The Indian Roller, known in Kannada as Neelakantha, is the official State bird of Karnataka; the State animal is the Indian elephant and the State tree is sandalwood.
As on date, the office of the Chief Justice of India is held by
aJustice B. R. Gavai
bJustice D. Y. Chandrachud
cJustice Sanjiv Khanna
dJustice Surya Kant
Answer: D
Justice Surya Kant took oath as the 53rd Chief Justice of India on 24 November 2025, succeeding Justice B. R. Gavai, and is to hold office till 9 February 2027.
If in a certain code language 'COURT' is written as 'DPVSU', then the word 'JUDGE' in the same code is written as
aKVEHF
bKWEFH
cKVFHF
dIVCHD
Answer: A
Each letter is shifted one place forward in the alphabet (C to D, O to P, and so on). Applying the same to J-U-D-G-E gives K-V-E-H-F.
Q72General Knowledge / Reasoning
Pointing to a photograph, a man said, "She is the daughter of the only son of my grandfather." How is the woman in the photograph related to the man?
aNiece
bSister
cMother
dAunt
Answer: B
The only son of the man's grandfather is the man's own father; that man's daughter is therefore the man's sister.
Q73General Knowledge / Reasoning
A is the brother of B. B is the brother of C. C is the husband of D. E is the father of A. How is D related to E?
aSister
bDaughter
cWife
dDaughter-in-law
Answer: D
A, B and C are brothers and E is their father, so C is E's son; D being the wife of C is therefore E's daughter-in-law.
Q74Transfer of Property Act
A condition or limitation absolutely restraining the transferee from parting with or disposing of his interest in the property is, under Section 10 of the Transfer of Property Act,
avoid, and renders the entire transfer void
bvalid in all cases as a binding stipulation between the parties
cvoid, except in the case of a lease where the condition is for the benefit of the lessor
dvalid only if registered along with the transfer deed
Answer: C
Section 10 makes a condition absolutely restraining alienation void (the transfer itself remains valid), with an exception for a lease where the condition is imposed for the benefit of the lessor or those claiming under him.
Under Section 6(a) of the Transfer of Property Act, the chance of an heir-apparent succeeding to an estate (spes successionis)
acan be transferred with the consent of the present owner
bcan be transferred for consideration
ccan be transferred only by way of gift
dcannot be transferred
Answer: D
Section 6(a) expressly excludes a mere spes successionis (the chance of an heir-apparent succeeding) from being transferable; any such transfer is void.
A sale of tangible immovable property of the value of one hundred rupees and upwards can be made only
aby a registered instrument
bby delivery of the property
cby an attested but unregistered writing
dby an oral agreement followed by possession
Answer: A
Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property worth Rs. 100 or more (or of a reversion or other intangible thing) can be made only by a registered instrument; delivery suffices only where the value is less than Rs. 100.
In which mortgage does the mortgagor bind himself personally to pay the mortgage-money without delivering possession of the property?
aUsufructuary mortgage
bSimple mortgage
cEnglish mortgage
dMortgage by conditional sale
Answer: B
Under Section 58(b) of the Transfer of Property Act, in a simple mortgage the mortgagor binds himself personally to pay, without delivering possession, and gives the mortgagee a right to have the property sold on default.
The doctrine of lis pendens is embodied in which section of the Transfer of Property Act?
aSection 53
bSection 52
cSection 48
dSection 41
Answer: B
Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens, under which property in dispute cannot be transferred during the pendency of a suit so as to affect the rights of any party under the decree.
A gift of immovable property is valid only when it is effected by a registered instrument signed by or on behalf of the donor and attested by
aat least two witnesses
bat least three witnesses
cno witness is required
dat least one witness
Answer: A
Section 123 of the Transfer of Property Act requires a gift of immovable property to be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
Section 53A of the Transfer of Property Act enacts the equitable doctrine of part performance, debarring the transferor from enforcing rights against a transferee who has taken possession in part performance of a written contract.
Which of the following persons is NOT competent to contract under Section 11 of the Indian Contract Act, 1872?
aA person of the age of majority who is of sound mind
bA person not disqualified from contracting by any law to which he is subject
cA sound-minded major engaged in a lawful trade
dA minor who has not attained the age of majority
Answer: D
Section 11 requires that a person be of the age of majority, of sound mind, and not disqualified by law; a minor is therefore not competent to contract.
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is, under Section 20 of the Indian Contract Act, 1872
avoidable at the option of either party
bvalid but unenforceable
cvoidable only at the option of the mistaken party
dvoid
Answer: D
Section 20 declares that where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872 if it is
aexpressed in writing and registered and made on account of natural love and affection between parties standing in a near relation to each other
bmade orally on account of natural love and affection between strangers
cmade under a moral obligation but not reduced to writing
da promise to make a gift to any person whom the promisor likes
Answer: A
Under the first exception to Section 25, an agreement without consideration is valid if it is expressed in writing, registered, and made on account of natural love and affection between parties in a near relation.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted to restrain a person from instituting or prosecuting any proceeding in
aa court subordinate to that from which the injunction is sought
bany civil court whatsoever
ca court not subordinate to that from which the injunction is sought
da court of the same district only
Answer: C
Section 41(b) bars an injunction to restrain proceedings in a court that is NOT subordinate to the court from which the injunction is sought; proceedings in a subordinate court may be restrained.
Specific relief under the Specific Relief Act, 1963 can be granted
afor the mere purpose of enforcing a penal law
bonly for the purpose of enforcing individual civil rights and not for enforcing a penal law
cfor enforcing both penal laws and civil rights equally
donly where money compensation is impossible
Answer: B
Section 4 provides that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Recovery of possession of specific movable property capable of delivery, otherwise than in the manner provided by the Specific Relief Act, may be claimed under
aSection 5 of the Act
bSection 6 of the Act
cSection 31 of the Act
dSection 7 of the Act
Answer: D
Section 7 deals with recovery of possession of specific movable property capable of delivery; Sections 5 and 6 deal with immovable property, and Section 31 with cancellation of instruments.
A person dispossessed of immovable property without his consent otherwise than in due course of law files a suit under Section 6 of the Specific Relief Act, 1963 to recover possession. Such a suit must be brought
awithin twelve years, possession being a question of title
bwithin six months from the date of dispossession and not against the Government
cwithin two years from the date of dispossession
dwithin one year from the date of dispossession, including against the Government
Answer: B
Section 6(2) bars a suit brought after six months from the date of dispossession or against the Government. The summary remedy turns purely on prior possession, not title.
Against a decree or order passed in a suit instituted under Section 6 of the Specific Relief Act, 1963,
ano appeal lies and no review is allowed, but a separate suit on title is not barred
bonly a revision under Section 115 CPC lies
ca second appeal lies on a substantial question of law
da first appeal and review both lie
Answer: A
Section 6(3) expressly bars any appeal and any review from a decree or order under Section 6. Section 6(4) preserves the right of a party to sue separately to establish title and recover possession.
After the Specific Relief (Amendment) Act, 2018, the relief of specific performance of a contract under Section 10 is
ato be enforced by the court subject only to Sections 11(2), 14 and 16
bavailable only in suits relating to immovable property
cavailable only where monetary compensation is an adequate remedy
dpurely discretionary with the court as before
Answer: A
The 2018 Amendment recast Section 10 so that the court shall enforce specific performance, subject to Sections 11(2), 14 and 16, removing the earlier judicial discretion.
Under Section 142 of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must ordinarily be made within
afifteen days of the cause of action arising
bone month of the date on which the cause of action arises
cthree months of dishonour
dsix months of the date of the cheque
Answer: B
Section 142(1)(b) requires the complaint to be made in writing within one month of the date on which the cause of action arises (the cognizance can be taken later if the complainant satisfies the court of sufficient cause for delay).
Under Section 118 of the Negotiable Instruments Act, 1881, until the contrary is proved, it is presumed that the holder of a negotiable instrument is a
aholder in due course
bmere finder of the instrument
cagent of the drawer
dsurety for the maker
Answer: A
Section 118(g) raises the presumption that the holder of a negotiable instrument is a holder in due course, until the contrary is proved.
Under the definition of 'Court' in Section 3(c) of the Karnataka Rent Act, 1999, in respect of the area within the limits of the City of Bangalore, 'Court' means
athe Court of the District Judge
bthe Court of the City Civil Judge
cthe Court of the Civil Judge (Senior Division)
dthe Court of Small Causes
Answer: D
Section 3(c)(i) defines 'Court', for the area within the limits of the City of Bangalore, as the Court of Small Causes; elsewhere it is the Civil Judge (Senior or Junior Division) as specified.
Under Section 27(2)(b) of the Karnataka Rent Act, 1999, a tenant who, after the commencement of the Act, sub-lets, assigns or otherwise parts with possession of the premises is liable to eviction if this was done
awithout registering the sub-lease
bwith the oral consent of the landlord
cwithout intimation to the Controller
dwithout the consent in writing of the landlord
Answer: D
Section 27(2)(b)(ii) makes sub-letting, assignment or parting with possession of the whole or any part of the premises a ground for eviction when done without the written consent of the landlord.
Under Section 5 of the Karnataka Rent Act, 1999, on the death of a tenant the right of tenancy devolves on the eligible successors for a period of
athe unexpired period of the lease only
bfifteen years from the date of death
cten years from the date of death
dfive years from the date of death
Answer: C
Section 5(1) provides that on the death of a tenant the right of tenancy devolves for a period of ten years from the date of death on the successors in the order specified (spouse, son/daughter, parents, etc.).
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