Karnataka Judiciary Mock Test 5 — Questions & Solutions
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Where a party is ordered to pay costs under Section 35B CPC for causing delay, payment of such costs
ais recoverable only after the disposal of the suit
bis waived if the opposite party consents
cis purely directory and may be paid along with final costs
dshall be a condition precedent to the further prosecution of the suit or defence by that party
Answer: D
Section 35B CPC provides that payment of costs for causing delay, by the date next following the date of the order, is a condition precedent to further prosecution of the suit by the plaintiff or the defence by the defendant, as the case may be.
Where a suit abates on account of the death of a plaintiff and no application to bring the legal representatives on record is made, the consequence under Order XXII Rule 9 CPC is that
aa fresh suit may be brought on the same cause of action without restriction
bthe court must transfer the suit to the District Court
cthe suit is automatically restored after one year
dno fresh suit shall be brought on the same cause of action
Answer: D
Order XXII Rule 9(1) CPC bars a fresh suit on the same cause of action where a suit abates or is dismissed under that Order; the remedy is to apply to set aside the abatement on showing sufficient cause, and Section 5 of the Limitation Act applies to such applications.
An application under Order XXI Rule 89 CPC to set aside a sale of immovable property in execution requires the applicant to deposit in court, for payment to the auction-purchaser, a sum equal to
athe entire purchase-money
btwenty-five per cent of the purchase-money
cfive per cent of the purchase-money
dten per cent of the purchase-money
Answer: C
Under Order XXI Rule 89 CPC, the applicant must deposit a sum equal to five per cent of the purchase-money for payment to the purchaser, together with the amount specified in the proclamation of sale for payment to the decree-holder (less amounts already received).
A caveat lodged under Section 148A CPC, in the absence of any application having been made before its expiry, shall not remain in force after
athirty days from the date on which it was lodged
bninety days from the date on which it was lodged
cone hundred and eighty days from the date on which it was lodged
dsixty days from the date on which it was lodged
Answer: B
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application has already been made before that period expires.
Under Order VIII Rule 1 CPC, in an ordinary (non-commercial) civil suit, the outer time-limit up to which a court may, for reasons recorded in writing, allow the defendant to file the written statement from the date of service of summons is
aninety days
bsixty days
cone hundred and twenty days
dthirty days
Answer: A
The proviso to Order VIII Rule 1 CPC requires the written statement within thirty days, extendable for recorded reasons up to ninety days from service of summons; the stricter 120-day forfeiture limit applies only to commercial suits under the Commercial Courts Act.
Under Section 80 CPC, a suit against the Government may be instituted without serving the two months' prior notice where
aleave of the court is obtained and urgent or immediate relief is required, though relief shall not be granted without giving the Government a reasonable opportunity
bthe suit is for a sum below ten thousand rupees
cthe plaintiff is an indigent person
dthe public officer concerned waives the notice in writing
Answer: A
Section 80(2) CPC permits a suit to be instituted with the leave of the court, without the two months' notice, where urgent or immediate relief is sought; however, no relief (interim or otherwise) shall be granted without giving the Government or public officer a reasonable opportunity of showing cause.
The doctrine of restitution embodied in Section 144 CPC is attracted
aonly where a decree or order is varied or reversed in appeal, revision or other proceeding, or set aside or modified
bonly at the discretion of the executing court even without any reversal
cwhenever any decree is executed, irrespective of any reversal
donly where the original decree is wholly and completely reversed
Answer: A
Section 144 CPC applies where a decree or order is varied or reversed in any appeal, revision or other proceeding, or is set aside or modified; the court of first instance then restores parties to their former position. It applies even to partial variation, but a reversal/variation is essential.
Under Order I Rule 8 CPC, where numerous persons have the same interest in one suit, a representative suit on behalf of all of them may be instituted
aonly where the persons interested do not exceed twenty in number
bonly if all such persons are individually joined as parties
conly with the permission of, or under a direction of, the court
das of right without any leave of the court
Answer: C
Order I Rule 8 CPC permits one or more persons, with the permission of the court, to sue or be sued on behalf of all persons having the same interest; the court must then direct notice of the institution of the suit to all such persons at the plaintiff's expense.
A civil court has jurisdiction to try all suits of a civil nature except those of which their cognizance is either expressly or impliedly barred. This principle is contained in
aSection 15 of the Code of Civil Procedure
bSection 20 of the Code of Civil Procedure
cSection 9 of the Code of Civil Procedure
dSection 11 of the Code of Civil Procedure
Answer: C
Section 9 CPC declares that civil courts have jurisdiction to try all suits of a civil nature except suits of which cognizance is expressly or impliedly barred.
The outer limit for filing the written statement, extendable from 30 days for reasons recorded in writing, in an ordinary civil suit under Order VIII Rule 1 is
a120 days from the date of appearance
b90 days from the date of service of summons
c60 days from the date of service of summons
d45 days from the first hearing
Answer: B
Under the proviso to Order VIII Rule 1 CPC the 30-day period may be extended up to 90 days from the date of service of summons, for reasons recorded in writing.
The doctrine of res judicata, which bars the trial of a matter already directly and substantially in issue in a former suit between the same parties, is embodied in
aSection 11 of the Code of Civil Procedure
bSection 12 of the Code of Civil Procedure
cSection 9 of the Code of Civil Procedure
dSection 10 of the Code of Civil Procedure
Answer: A
Section 11 CPC enacts the rule of res judicata; Section 10 deals with the distinct rule of stay of suit (res sub judice).
No suit against the Government or a public officer in respect of an act done in his official capacity shall be instituted until the expiry of the notice period, which under Section 80 CPC is
athree months after notice in writing
btwo months after notice in writing
csix weeks after notice in writing
done month after notice in writing
Answer: B
Section 80 CPC requires two months' written notice before instituting a suit against the Government or a public officer for an act done in official capacity.
An indigent person under Order XXXIII Rule 1 CPC, where no court fee is prescribed, is one who is not entitled to property worth, excluding property exempt from attachment and the subject-matter of the suit,
afive hundred rupees
bten thousand rupees
cfive thousand rupees
done thousand rupees
Answer: D
Under Order XXXIII Rule 1, where no fee is prescribed, a person is indigent if not entitled to property worth one thousand rupees other than exempt property and the subject-matter of the suit.
The maximum amount of compensatory costs that a court may award in respect of a false or vexatious claim or defence under Section 35A CPC is
afive thousand rupees in all cases
bten thousand rupees in all cases
cthree thousand rupees, or the pecuniary limit of the court, whichever is less
dan amount left wholly to the discretion of the court
Answer: C
Section 35A CPC caps compensatory costs for false or vexatious claims at three thousand rupees or the limit of the court's pecuniary jurisdiction, whichever is less.
The power of the High Court or District Court to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate court is conferred by
aSection 16 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 20 of the Code of Civil Procedure
dSection 25 of the Code of Civil Procedure
Answer: B
Section 24 CPC confers general power on the High Court and District Court to transfer or withdraw suits, appeals and proceedings; Section 25 deals with transfer by the Supreme Court between States.
In an interpleader suit under Section 88 of the Code of Civil Procedure, the plaintiff
amust himself claim the property in dispute
bclaims no interest in the subject-matter other than charges or costs
cmay file the suit only for recovery of money
dmust be a party who has wrongfully taken the property
Answer: B
In an interpleader suit the plaintiff claims no interest in the subject-matter except charges or costs, and seeks a decision as to which of the rival defendants is entitled to it.
Where the court frames issues after settlement of pleadings, the reference of parties to alternative dispute resolution where it appears there exist elements of settlement is mandated by
aSection 80 of the Code of Civil Procedure
bSection 96 of the Code of Civil Procedure
cOrder X Rule 2 of the Code of Civil Procedure
dSection 89 of the Code of Civil Procedure
Answer: D
Section 89 CPC empowers 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.
A first appeal from an original decree to the District Court or High Court is provided under
aSection 100 of the Code of Civil Procedure
bSection 115 of the Code of Civil Procedure
cSection 96 of the Code of Civil Procedure
dSection 104 of the Code of Civil Procedure
Answer: C
Section 96 CPC provides for a first appeal from an original decree, in which both questions of law and fact may be agitated; Section 100 governs second appeals.
The High Court's power of revision over a subordinate court which has exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, is contained in
aSection 100 of the Code of Civil Procedure
bSection 96 of the Code of Civil Procedure
cSection 114 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 over subordinate courts in cases of jurisdictional error; Section 114 deals with review.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a 'summons-case' means
aa case triable exclusively by the Court of Session
ba case relating to an offence, not being a warrant-case
ca case relating to a non-cognizable offence only
da case relating to an offence punishable with imprisonment for a term not exceeding one year
Answer: B
Under Section 2(1)(x) BNSS a 'summons-case' means a case relating to an offence, and not being a warrant-case; that is, any case which is not punishable with death, life imprisonment or imprisonment exceeding two years.
A new provision introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 dealing with mercy petitions in death sentence cases is found in
aSection 472
bSection 432
cSection 413
dSection 354
Answer: A
Section 472 BNSS is a new provision laying down the procedure and time-frame for filing a mercy petition before the President or Governor in death sentence cases; no such consolidated provision existed in the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the police report (charge-sheet) on completion of investigation is forwarded to the Magistrate under
aSection 167
bSection 190
cSection 193
dSection 173(2)
Answer: C
Section 193 BNSS requires the officer in charge of the police station to forward the report (charge-sheet) on completion of investigation to the Magistrate, corresponding to Section 173 of the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of a Magistrate to take cognizance of an offence upon a police report, upon a complaint, or upon his own knowledge, is conferred by
aSection 210
bSection 223
cSection 200
dSection 190
Answer: A
Section 210 BNSS empowers a Magistrate to take cognizance of an offence upon receiving a complaint, upon a police report, or upon information received from any person other than a police officer or upon his own knowledge, corresponding to Section 190 of the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence, given to the officer in charge of a police station, is recorded under
aSection 154 BNSS
bSection 173 BNSS
cSection 161 BNSS
dSection 175 BNSS
Answer: B
Section 173 BNSS deals with information in cognizable cases (the FIR), corresponding to the former Section 154 CrPC, and now permits information by electronic communication.
A statement made by a witness to a police officer in the course of investigation under the BNSS is recorded under
aSection 164 BNSS
bSection 183 BNSS
cSection 161 BNSS
dSection 180 BNSS
Answer: D
Section 180 BNSS governs the examination of witnesses by police, corresponding to the former Section 161 CrPC; such a statement may be used only for contradiction.
Under Section 84 of the BNSS, a proclamation requiring an absconding person to appear must fix a time not less than
afifteen days from the date of publication
bthirty days from the date of publication
cseven days from the date of publication
dsixty days from the date of publication
Answer: B
Section 84 BNSS requires the proclamation to specify a place and time, being not less than thirty days from the date of its publication, for the person to appear.
A search warrant for a person believed to be wrongfully confined under circumstances amounting to an offence may, under the BNSS, be issued by
aa District Magistrate, Sub-divisional Magistrate or Magistrate of the first class
bthe Superintendent of Police only
cany police officer not below the rank of Inspector
dthe Sessions Judge only
Answer: A
Section 100 BNSS empowers a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to issue a search warrant for a wrongfully confined person.
Where an accused is in custody during investigation of an offence punishable with imprisonment for ten years or more, and the investigation is not completed, he becomes entitled to default bail under the BNSS if the charge-sheet is not filed within
aninety days
bthirty days
cone hundred and twenty days
dsixty days
Answer: A
Under Section 187 BNSS the maximum detention pending investigation is ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, failing which the accused is entitled to default bail.
Bail in respect of a non-bailable offence may be granted by a Court of a Magistrate under the BNSS by virtue of
aSection 483 BNSS
bSection 480 BNSS
cSection 437 BNSS
dSection 482 BNSS
Answer: B
Section 480 BNSS provides for bail in non-bailable offences by a court other than the High Court or Court of Session, corresponding to the former Section 437 CrPC.
For the offence of dowry death under Section 80 of the Bharatiya Nyaya Sanhita, 2023, the death of the woman must have been caused otherwise than under normal circumstances
awithin ten years of her marriage
bat any time during the subsistence of marriage
cwithin five years of her marriage
dwithin seven years of her marriage
Answer: D
Section 80 BNS requires the unnatural death (by burns, bodily injury or otherwise) to occur within seven years of marriage, preceded soon before by cruelty or harassment in connection with a demand for dowry.
Criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023 is dealt with in
aSection 45
bSection 189
cSection 120
dSection 61
Answer: D
Section 61 BNS defines and punishes criminal conspiracy, requiring an agreement between two or more persons to do an illegal act or a legal act by illegal means.
A distinct offence not separately codified under the Indian Penal Code, 1860 but newly introduced as Section 304 of the Bharatiya Nyaya Sanhita, 2023, is
asnatching
bextortion
cdacoity
dcriminal breach of trust
Answer: A
Section 304 BNS creates the new offence of snatching, where the offender suddenly or quickly seizes or grabs movable property; it is punishable with imprisonment up to three years and fine.
Putting a person in fear of any injury in order to dishonestly induce him to deliver property or valuable security amounts, under the Bharatiya Nyaya Sanhita, 2023, to
adacoity under Section 310
brobbery under Section 309
ctheft under Section 303
dextortion under Section 308
Answer: D
Section 308 BNS defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing the delivery of property or valuable security (old Section 383 IPC).
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit a robbery, the offence is
aextortion under Section 308
bdacoity under Section 310
crobbery under Section 309
dunlawful assembly under Section 189
Answer: B
Section 310 BNS defines dacoity as robbery committed (or attempted) conjointly by five or more persons, preserving the old Section 391 IPC threshold of five.
Criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023 is dealt with in
aSection 316
bSection 318
cSection 308
dSection 303
Answer: A
Section 316 BNS deals with criminal breach of trust (old Sections 405/406 IPC), where a person entrusted with property dishonestly misappropriates or converts it to his own use.
Kidnapping under Section 137 of the Bharatiya Nyaya Sanhita, 2023 is
anot separately classified
bof one kind only
cof three kinds
dof two kinds, namely kidnapping from India and kidnapping from lawful guardianship
Answer: D
Section 137 BNS retains the two kinds of kidnapping recognised under the old Section 359 IPC: kidnapping from India and kidnapping from lawful guardianship.
An attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty is, under Section 226 of the Bharatiya Nyaya Sanhita, 2023, punishable with
ano punishment, as attempt to suicide is not an offence
bimprisonment for life
csimple imprisonment which may extend to one year, or fine, or both, or community service
drigorous imprisonment which may extend to seven years
Answer: C
Section 226 BNS is the only provision penalising an attempt to commit suicide, and only where it is to compel or restrain a public servant; punishment is simple imprisonment up to one year, or fine, or both, or community service.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons acting in concert commit murder on the ground of caste, race, sex, language or community, the offence is punishable under
aSection 101 with the ordinary sentence for murder only
bSection 103(2), which carries death, imprisonment for life, or imprisonment of not less than seven years
cSection 117(4) as a form of grievous hurt by a mob
dSection 111 as an organised crime
Answer: B
Section 103(2) BNS specifically penalises murder committed by a group of five or more on grounds such as race, caste, sex or community, prescribing death, life imprisonment, or a term not less than seven years. This is the codified provision against mob lynching.
The newly introduced offence of 'snatching', where the offender suddenly or quickly seizes movable property in order to commit theft, is punishable under
aSection 304 of the Bharatiya Nyaya Sanhita
bSection 303 of the Bharatiya Nyaya Sanhita
cSection 309 of the Bharatiya Nyaya Sanhita
dSection 308 of the Bharatiya Nyaya Sanhita
Answer: A
Section 304 BNS introduces the distinct offence of snatching, attracting imprisonment up to three years and fine. It is a fresh provision with no exact equivalent in the repealed Indian Penal Code.
The provision that no person shall be deprived of his property save by authority of law, after the right to property ceased to be a fundamental right, is now contained in
aArticle 31
bArticle 21
cArticle 300A
dArticle 19(1)(f)
Answer: C
By the Constitution (Forty-fourth Amendment) Act, 1978, the right to property was made a constitutional (legal) right under Article 300A, which provides that no person shall be deprived of his property save by authority of law.
Parliament may by law provide for the abolition of the Legislative Council of a State, or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by the special majority required under
aArticle 169
bArticle 168
cArticle 170
dArticle 171
Answer: A
Under Article 169, Parliament may abolish or create a State Legislative Council if the State Legislative Assembly passes a resolution by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
Not less than one-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women, under
aArticle 243D
bArticle 243T
cArticle 243R
dArticle 243ZA
Answer: B
Article 243T provides for reservation of seats in Municipalities, including reservation of not less than one-third of the directly elected seats for women. The corresponding provision for Panchayats is Article 243D.
The procedure for the impeachment of the President of India for violation of the Constitution, including the requirement that the charge be preferred by either House of Parliament, is laid down in
aArticle 60
bArticle 61
cArticle 54
dArticle 56
Answer: B
Article 61 prescribes the procedure for impeachment of the President for violation of the Constitution; the charge must be preferred by either House and supported by a resolution passed by not less than two-thirds of the total membership of that House.
The appointment of persons to be, and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State, under
aArticle 236
bArticle 234
cArticle 233
dArticle 235
Answer: C
Article 233 provides that the appointment, posting and promotion of District Judges in a State shall be made by the Governor in consultation with the High Court. Article 234 deals with recruitment of persons other than District Judges to the judicial service.
Article 44 of the Constitution of India directs the State to endeavour to secure for the citizens
athe separation of the judiciary from the executive
bthe right to work and education
cfree legal aid to the poor
da uniform civil code throughout the territory of India
Answer: D
Article 44, a Directive Principle in Part IV, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Under Article 124(2) of the Constitution of India, a Judge of the Supreme Court holds office until he attains the age of
a65 years
b60 years
c62 years
d70 years
Answer: A
Article 124(2) provides that every Judge of the Supreme Court, including the Chief Justice of India, shall hold office until he attains the age of sixty-five years.
The right to move the Supreme Court for the enforcement of fundamental rights, described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution, is guaranteed under
aArticle 32
bArticle 143
cArticle 226
dArticle 136
Answer: A
Article 32 guarantees the right to constitutional remedies; Dr. Ambedkar called it the heart and soul of the Constitution. The Supreme Court's jurisdiction under it is mandatory, not discretionary.
As compared with the writ jurisdiction of the Supreme Court under Article 32, the writ jurisdiction of a High Court under Article 226 may be exercised for the enforcement of
afundamental rights only
brights arising only out of contract
cdirective principles of State policy
dfundamental rights as well as for any other legal right
Answer: D
Article 226 empowers a High Court to issue writs for the enforcement of fundamental rights 'and for any other purpose', i.e. for legal rights as well, making it wider than Article 32.
Under the BSA, 2023, the document itself produced for the inspection of the Court is
ahearsay evidence
bsecondary evidence
ccorroborative evidence
dprimary evidence
Answer: D
Section 57 of the BSA, 2023 (formerly Section 62 of the Evidence Act) defines primary evidence as the document itself produced for the inspection of the Court.
ashall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon his corroborated testimony
bis competent only in cases triable by a Magistrate
cis not a competent witness against an accused person
dcan never be examined as a witness
Answer: A
Section 138 of the BSA, 2023 (formerly Section 133) makes an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
bat least three witnesses are required in criminal cases
cat least two witnesses are required in every case
dno particular number of witnesses is required to prove any fact
Answer: D
Section 139 of the BSA, 2023 (formerly Section 134) provides that no particular number of witnesses shall in any case be required for the proof of any fact.
Under the BSA, 2023, a question suggesting the answer which the person putting it wishes or expects to receive is
aan indecent question
ba question to test veracity
ca scandalous question
da leading question
Answer: D
Section 146 of the BSA, 2023 (formerly Section 141 of the Evidence Act) defines a leading question as one suggesting the answer the questioner wishes or expects to receive.
Under the BSA, 2023, when any fact is especially within the knowledge of any person, the burden of proving that fact
ais upon the party who first asserts the contrary
bis upon that person
cdoes not arise at all
dis upon the prosecution in all cases
Answer: B
Following the rule formerly in Section 106 of the Evidence Act, the BSA, 2023 retains that the burden of proving a fact especially within a person's knowledge lies upon that person.
Under the BSA, 2023, the expression that the Court 'may presume' a fact means that the Court may
arefuse to take any notice of the fact
bregard the fact as proved unless and until it is disproved, or may call for proof of it
cregard the fact as conclusively proved
dtreat the fact as inadmissible
Answer: B
Under the BSA, 2023, 'may presume' (the discretionary presumption, e.g. Section 119) allows the Court either to regard the fact as proved unless disproved, or to call for proof of it.
Under the BSA, 2023, a confession otherwise irrelevant does not become irrelevant merely because it was made
ain the presence of the complainant
bto a police officer during interrogation
cunder a promise of secrecy, or in consequence of a deception practised on the accused, or while he was drunk
dbefore the registration of the FIR
Answer: C
The proviso to Section 22 of the BSA, 2023 provides that a confession is not irrelevant merely because it was made under a promise of secrecy, by deception, when drunk, or in answer to questions the accused need not have answered.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused person to a police officer
ashall be proved as against the accused in every case
bshall not be proved as against the accused person
cmay be proved if recorded in the presence of a Magistrate
dmay be proved only if reduced to writing
Answer: B
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer as against the accused. This carries forward the rule formerly contained in Section 25 of the Indian Evidence Act, 1872.
Under Section 19 of the Transfer of Property Act, an interest is said to be vested where
ait depends wholly on the fulfilment of a condition precedent
bit is defeated by the death of the transferee before obtaining possession
cno time is specified for it to take effect and it is not made contingent on an uncertain event
dthe interest is to take effect only on the happening of a specified uncertain event
Answer: C
Under Section 19, a vested interest arises where no time is fixed or it is to take effect forthwith, and it is not made contingent on an uncertain event; such an interest is not defeated by the transferee's death before obtaining possession.
Where property is transferred subject to a condition absolutely restraining the transferee from parting with or disposing of his interest in the property, the condition is
avoid in all cases including leases
bvoidable at the option of the transferor
cvoid, except in the case of a lease where the condition is for the benefit of the lessor
dvalid and binding on the transferee
Answer: C
Section 10 of the Transfer of Property Act makes a condition absolutely restraining alienation void, except where in the case of a lease the condition is for the benefit of the lessor or those claiming under him.
Under Section 54 of the Transfer of Property Act, sale of tangible immovable property of the value of one hundred rupees and upwards can be made
aeither by a registered instrument or by delivery of the property
bonly by a registered instrument
cby an oral agreement followed by payment of price
donly by delivery of the property
Answer: B
Section 54 provides that for tangible immovable property of value Rs.100 or more, sale can be made only by a registered instrument; delivery suffices only where the value is less than Rs.100.
A contract for the sale of immovable property under Section 54 of the Transfer of Property Act
atransfers ownership immediately on payment of earnest money
bof itself creates an interest in or charge on such property
coperates as an equitable mortgage of the property
ddoes not, of itself, create any interest in or charge on such property
Answer: D
Section 54 expressly states that a contract for sale of immovable property does not, of itself, create any interest in or charge on such property; ownership passes only on execution and registration of the sale deed.
Where a lease of immovable property is for agricultural or manufacturing purposes, in the absence of a contract or local usage to the contrary, it is deemed to be a lease
afrom year to year, terminable by six months' notice
bfrom year to year, terminable by fifteen days' notice
cfor a fixed term of one year, not terminable by notice
dfrom month to month, terminable by fifteen days' notice
Answer: A
Under Section 106, a lease for agricultural or manufacturing purposes is deemed to be from year to year, terminable by either party by six months' notice, whereas leases for other purposes are month to month terminable by fifteen days' notice.
After the amendment of Section 106 of the Transfer of Property Act by Act 3 of 2003, the period of notice to quit
acommences from the date of issue of the notice
bmust always expire with the end of the month of tenancy
cis rendered invalid if it falls short of the prescribed period
dcommences from the date of receipt of the notice
Answer: D
The 2002 amendment (Act 3 of 2003) provided that the notice period commences from the date of receipt of the notice, and a notice is not invalid merely because the stated period falls short, where the suit is filed after expiry of the period.
In a mortgage by conditional sale under Section 58 of the Transfer of Property Act, the mortgagor
aostensibly sells the property subject to the condition that on default the sale shall become absolute
bdeposits the title deeds of the property with the creditor
cbinds himself personally to repay without delivering possession
ddelivers possession of the property and authorises the mortgagee to retain the usufruct
Answer: A
In a mortgage by conditional sale under Section 58(c), the mortgagor ostensibly sells the property with a condition that on default the sale becomes absolute, and on repayment the sale becomes void or the property is re-transferred.
A person employed to do any act for another, or to represent another in dealings with third persons, is defined under Section 182 of the Indian Contract Act, 1872 as
athe bailee
bthe surety
cthe principal
dthe agent
Answer: D
Section 182 defines an 'agent' as a person employed to do any act for another or to represent another in dealings with third persons; the person so represented is the 'principal'.
Under Section 2(i) of the Indian Contract Act, 1872, an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is
aa void agreement
ba quasi-contract
can illegal agreement
da voidable contract
Answer: D
Section 2(i) defines a voidable contract as one enforceable by law at the option of one or more parties but not at the option of the other(s).
avalid if ratified by the minor on attaining majority
bvoid ab initio
cvoidable at the option of the minor
dvalid if it is for the benefit of the minor
Answer: B
Under Section 11, a minor is not competent to contract, and the Privy Council in Mohori Bibee v. Dharmodas Ghose held that an agreement with a minor is void ab initio.
Where consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is
avalid but unenforceable
bvoid
cvoidable at the option of the party whose consent was so caused
dvoid ab initio
Answer: C
Section 19 provides that when consent is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
An agreement without consideration is valid if it is
anone of the above
bmade orally between brothers
ca promise to make a gift in the future
dmade on account of natural love and affection between parties standing in a near relation, expressed in writing and registered
Answer: D
Section 25(1) makes an agreement without consideration valid where it is in writing and registered and made on account of natural love and affection between parties standing in a near relation to each other.
An agreement in restraint of trade is, under the Indian Contract Act,
avoid to the extent of such restraint, subject to the exception relating to sale of goodwill
bvalid
cvoidable at the option of either party
dvoid only if the restraint is unreasonable
Answer: A
Section 27 declares every agreement by which a person is restrained from exercising a lawful profession, trade or business void to that extent, the sole statutory exception being sale of goodwill.
A suit by a person entitled to any legal character, or to any right as to property, against a person denying that title, for a declaration of his entitlement, lies under
aSection 34
bSection 41
cSection 38
dSection 31
Answer: A
Section 34 provides for declaratory decrees as to legal character or right to property, and the plaintiff need not in such suit ask for any further relief.
Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall not make a mere declaration of title where the plaintiff,
ahas sued within the period of limitation
bis in settled possession of the property
cbeing able to seek further relief than a mere declaration, omits to do so
dhas not paid the full court fee
Answer: C
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further relief (such as possession or injunction), omits to seek it.
The provision of the Specific Relief Act, 1963 dealing with cancellation of written instruments is
aSection 26
bSection 36
cSection 39
dSection 31
Answer: D
Section 31 provides that any person against whom a written instrument is void or voidable, who has reasonable apprehension that it may cause serious injury, may sue to have it adjudged void or voidable and cancelled.
Where a defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, and the obligation arises from contract or where damages are not an adequate relief, the appropriate relief under the Specific Relief Act, 1963 is a
adeclaratory decree under Section 34
brescission of contract under Section 27
cperpetual injunction under Section 38
drectification of instrument under Section 26
Answer: C
Section 38 provides for the grant of a perpetual injunction to prevent the breach of an obligation in the plaintiff's favour, including where the defendant invades the plaintiff's enjoyment of property and damages would not afford adequate relief.
A person dispossessed of immovable property 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 one year from the date of dispossession, even against the Government
bwithin twelve years from the date of dispossession, against any person including the Government
cwithin six months from the date of dispossession, and not against the Government
dwithin three years from the date of dispossession, and only against the Government
Answer: C
Section 6(2) bars a suit under that section after six months from the date of dispossession or against the Government. The remedy is summary and ignores question of title.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract, where the contract is enforceable, has become
aavailable only at the option of the defendant
bavailable only where monetary compensation is shown to be impossible
ca discretionary equitable relief left to the court's discretion under Section 20
da relief that shall be enforced by the court subject to the provisions of the Act, no longer purely discretionary under Section 10
Answer: D
The 2018 amendment recast Section 10 so that specific performance 'shall be enforced' subject to Sections 11(2), 14 and 16, removing the earlier discretionary character.
Under Section 6 of the Negotiable Instruments Act, 1881, a cheque is
aa bill of exchange payable after a fixed period
bany order to pay money signed by the maker
ca bill of exchange drawn on a specified banker and payable on demand
da promissory note payable on demand
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. It includes the electronic image of a truncated cheque and a cheque in electronic form.
Under the Negotiable Instruments Act, 1881, the expression 'holder in due course' is defined in
aSection 10
bSection 13
cSection 8
dSection 9
Answer: D
Section 9 defines a holder in due course as a person who, for consideration, becomes the possessor (or payee/indorsee) of a negotiable instrument before it became payable and without sufficient cause to believe that any defect existed in the title of the transferor. Section 8 defines 'holder' and Section 10 defines 'payment in due course'.
'Payment in due course' under Section 10 of the Negotiable Instruments Act, 1881 means payment in accordance with the apparent tenor of the instrument
aonly to the original payee named in the instrument
bmade within three days of presentation
cin good faith and without negligence to any person in possession thereof
dmade only after noting and protest by a notary public
Answer: C
Section 10 defines 'payment in due course' as payment in accordance with the apparent tenor of the instrument, in good faith and without negligence, to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount mentioned therein.
A 'holder' of a negotiable instrument, as defined under Section 8 of the Negotiable Instruments Act, 1881, means any person
awho has paid consideration for the instrument irrespective of title
bwho has indorsed the instrument to another
cwho is merely in physical possession of the instrument
dentitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto
Answer: D
Section 8 defines 'holder' as any person entitled in his own name to the possession of the negotiable instrument and to receive or recover the amount due thereon from the parties thereto. Mere possession without legal entitlement does not make one a holder.
Under Section 25 of the Karnataka Rent Act, 1999, all proceedings before the Controller shall ordinarily be concluded within
aone year from the date of the order summoning the respondent
bninety days from the date of filing of the application
csix months from the first appearance of the respondent (or from the date he is set ex parte)
dthree months from the first appearance of the respondent
Answer: C
Section 25(3) directs that proceedings before the Controller ordinarily conclude within six months from the date of first appearance of the respondent (or the date he is set ex parte), extendable for reasons recorded.
Under the proviso to Section 27(2)(r) of the Karnataka Rent Act, 1999, where a landlord has acquired the premises by transfer, an application for recovery of possession for his own bona fide occupation shall not lie unless a period of how long has elapsed from the date of acquisition?
atwo years
bone year
csix months
dthree years
Answer: B
The proviso to Section 27(2)(r) bars an application for recovery of possession on the ground of bona fide requirement where the landlord acquired the premises by transfer, unless one year has elapsed from the date of acquisition.
Under Section 3(n) of the Karnataka Rent Act, 1999, the definition of 'tenant' expressly excludes
aa sub-tenant
bthe widow of a deceased tenant living with him at his death
ca person to whom a licence as defined in Section 52 of the Indian Easements Act, 1882 has been granted
da person continuing in possession after termination of his tenancy
Answer: C
Section 3(n) includes a sub-tenant and a person holding over after termination of tenancy, but expressly excludes a person to whom a licence under Section 52 of the Indian Easements Act, 1882 has been granted.
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