Karnataka Judiciary Mock Test 6 — Questions & Solutions
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The adjudication of claims to, and objections against, attachment of property in execution of a decree is dealt with under
aOrder XXXVIII Rule 5 of the Code of Civil Procedure
bOrder XXI Rule 90 of the Code of Civil Procedure
cOrder XXI Rule 58 of the Code of Civil Procedure
dOrder XXI Rule 11 of the Code of Civil Procedure
Answer: C
Order XXI Rule 58 CPC governs the adjudication of claims and objections to the attachment of property in execution, and the order so made has the force of a decree.
The power of the court to add, strike out or substitute parties so that all questions involved in the suit may be completely adjudicated upon is contained in
aOrder VII Rule 11 of the Code of Civil Procedure
bOrder I Rule 10 of the Code of Civil Procedure
cOrder VI Rule 17 of the Code of Civil Procedure
dOrder IX Rule 13 of the Code of Civil Procedure
Answer: B
Order I Rule 10 CPC empowers the court to strike out or add parties, including substituting the proper plaintiff, so that the real matter in dispute is effectually adjudicated.
Under Section 9 of the Code of Civil Procedure, the courts shall have jurisdiction to try all suits of a civil nature
aexcepting suits relating to immovable property
bonly when expressly conferred by a statute
cexcepting suits of which their cognizance is either expressly or impliedly barred
donly with the prior sanction of the High Court
Answer: C
Section 9 CPC provides that civil courts have jurisdiction to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred.
Section 11 CPC embodies the doctrine of res judicata, barring trial of an issue already directly and substantially decided between the same parties. Section 10 deals with res sub judice (stay of suit).
A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court only if the case involves
aa substantial error of fact
ba question of valuation exceeding Rs. 50,000/-
ca substantial question of law
dfresh evidence not produced earlier
Answer: C
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the court.
The provision empowering the court to make over a money decree or other relief by way of restitution where a decree is varied or reversed in appeal is
aSection 151 of the Code of Civil Procedure
bSection 47 of the Code of Civil Procedure
cSection 144 of the Code of Civil Procedure
dSection 141 of the Code of Civil Procedure
Answer: C
Section 144 CPC provides for restitution: on the variation or reversal of a decree, the court may place the parties in the position they would have occupied but for the erroneous decree.
Section 151 CPC saves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
An appeal from an original decree (first appeal) is provided under
aSection 104 of the Code of Civil Procedure
bSection 115 of the Code of Civil Procedure
cSection 96 of the Code of Civil Procedure
dSection 100 of the Code of Civil Procedure
Answer: C
Section 96 CPC provides for a first appeal from every decree passed by a court exercising original jurisdiction. Section 100 deals with second appeals and Section 115 with revision.
The power of revision of the High Court over subordinate courts is contained in
aSection 114 of the Code of Civil Procedure
bSection 115 of the Code of Civil Procedure
cSection 100A of the Code of Civil Procedure
dSection 113 of the Code of Civil Procedure
Answer: B
Section 115 CPC empowers the High Court to call for the record of a case decided by a subordinate court where it appears that the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction, or acted illegally or with material irregularity.
Where the subject matter of a suit is immovable property situate within the jurisdiction of different courts, the suit may be instituted
aonly in the court of the place where the defendant resides
bin any court within the local limits of whose jurisdiction any portion of the property is situate
conly in the court within whose jurisdiction the larger portion is situate
donly with leave of the High Court
Answer: B
Section 17 CPC permits a suit relating to immovable property situate within the jurisdiction of different courts to be instituted in any court within whose local limits any portion of the property is situate.
Under Order V, where the defendant cannot be served in the ordinary way and the court is satisfied that he is keeping out of the way, service may be effected by affixing a copy of the summons at a conspicuous place. This is known as
aservice by registered post only
bconstructive notice
csubstituted service
dpersonal service
Answer: C
Order V Rule 20 CPC provides for substituted service by affixation and other modes where the court is satisfied that the defendant is avoiding service or summons cannot be served in the ordinary way.
An application by a defendant to set aside an ex parte decree passed against him is filed under
aOrder IX Rule 4 of the Code of Civil Procedure
bOrder IX Rule 7 of the Code of Civil Procedure
cOrder IX Rule 13 of the Code of Civil Procedure
dOrder IX Rule 9 of the Code of Civil Procedure
Answer: C
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree is passed to apply for setting it aside on showing sufficient cause for non-appearance. Order IX Rule 9 deals with a plaintiff's suit dismissed for default.
The grounds for rejection of a plaint are enumerated in
aOrder VII Rule 11 of the Code of Civil Procedure
bOrder VIII Rule 1 of the Code of Civil Procedure
cOrder VII Rule 10 of the Code of Civil Procedure
dOrder VI Rule 17 of the Code of Civil Procedure
Answer: A
Order VII Rule 11 CPC sets out the grounds for rejection of a plaint, such as non-disclosure of cause of action, undervaluation, insufficient court fee, and the suit being barred by law. Order VII Rule 10 deals with return of plaint.
Order VI Rule 17 CPC permits the court to allow amendment of pleadings; its proviso bars amendment after trial has commenced unless the party shows that despite due diligence the matter could not have been raised earlier.
A 'mesne profits' is defined under the Code of Civil Procedure as profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest, but does not include
arents collected from the property
bnatural produce of the land
cinterest on such profits
dprofits due to improvements made by the person in wrongful possession
Answer: D
Under Section 2(12) CPC, mesne profits exclude profits due to improvements made by the person in wrongful possession of the property.
The arrest and detention of a judgment-debtor in execution of a money decree is dealt with under
aOrder XXXVIII Rule 5 of the Code of Civil Procedure
bOrder XXI Rules 37 to 40 of the Code of Civil Procedure
cOrder XXI Rule 90 of the Code of Civil Procedure
dOrder XXI Rule 58 of the Code of Civil Procedure
Answer: B
Order XXI Rules 37 to 40 CPC govern execution by arrest and detention in civil prison of the judgment-debtor, including the issue of a show-cause notice before arrest.
Under Section 100A of the Code of Civil Procedure, where an appeal from an original or appellate decree has been decided by a Single Judge of a High Court,
ano further appeal shall lie from the judgment of such Single Judge
ba further letters patent appeal shall lie to a Division Bench
ca review alone is permissible to a Division Bench
da further appeal lies only with a certificate of fitness
Answer: A
Section 100A CPC, as substituted by the 2002 amendment, bars any further (letters patent) appeal from the judgment and decree of a Single Judge of a High Court deciding an appeal.
Under Section 96(4) CPC, no appeal lies, except on a question of law, from a decree in a suit cognizable by Courts of Small Causes when the value of the subject-matter of the original suit does not exceed
aRs. 5,000/-
bRs. 25,000/-
cRs. 10,000/-
dRs. 3,000/-
Answer: C
Section 96(4) CPC bars an appeal (except on a question of law) from a small cause nature decree where the value of the original suit does not exceed Rs. 10,000/-, the limit raised from Rs. 3,000/- by the 1999/2002 amendment.
A decree passed by the Court with the consent of parties is
aappealable only with leave of the appellate court
bappealable under Section 96(1) CPC
cnot appealable, by virtue of Section 96(3) CPC
dappealable as an order under Order XLIII Rule 1
Answer: C
Section 96(3) CPC expressly provides that no appeal shall lie from a decree passed by the court with the consent of parties, the bar resting on the principle of estoppel.
The expression "decree" as defined in Section 2(2) CPC
aincludes every adjudication from which an appeal lies as an appeal from an order
bincludes any order of dismissal for default
cmust always be a final decree only
dincludes the rejection of a plaint
Answer: D
Section 2(2) CPC defines decree to include the rejection of a plaint and determination of any question under Section 144, but it excludes orders of dismissal for default and adjudications appealable as orders.
Under the BNSS, where the case is instituted on a police report, the Magistrate must furnish copies of the documents to the accused without delay and in no case beyond
afourteen days from production of the accused
bthirty days from production of the accused
cseven days from production of the accused
dsixty days from production of the accused
Answer: A
Section 230 BNSS mandates supply of copies of the police report and connected documents within fourteen days from production or appearance of the accused.
An application for plea bargaining under the BNSS may be filed by the accused within
afifteen days from the date of arrest
bthirty days from the date of framing of the charge
csixty days from the date of cognizance
dninety days from the date of the police report
Answer: B
Section 290 BNSS introduces a time limit, allowing the application for plea bargaining to be filed within thirty days from the date of framing of the charge.
Under Section 346 of the BNSS, where circumstances are beyond the control of a party, the maximum number of adjournments that the Court may grant to a party is
athree
btwo
cfive
dno fixed limit
Answer: B
Section 346 BNSS provides that not more than two adjournments may be granted to a party, after hearing objections and recording reasons in writing.
Under the definition clause of the BNSS, the expression 'victim' includes
aonly the person directly injured by the offence
bthe guardian or legal heir of the person who has suffered loss or injury
cany witness to the commission of the offence
donly a person who lodges the first information report
Answer: B
Under Section 2 BNSS, 'victim' means a person who has suffered any loss or injury caused by the act or omission of the accused and includes the guardian or legal heir of such victim.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a person may now lodge information of a cognizable offence at any police station irrespective of the area within which the offence is committed, the so-called 'Zero FIR'. This is provided under:
aSection 173 BNSS
bSection 154 BNSS
cSection 190 BNSS
dSection 175 BNSS
Answer: A
Section 173 BNSS (corresponding to old Section 154 CrPC) expressly permits registration of an FIR irrespective of the place where the offence is committed, statutorily recognising the Zero FIR and also allowing information through electronic communication.
For an offence punishable with imprisonment for a term of ten years or more, life imprisonment or death, the maximum period for which a Magistrate may authorise detention of the accused before the indefeasible right to default bail accrues under the Bharatiya Nagarik Suraksha Sanhita, 2023 is:
aSixty days
bOne hundred and eighty days
cOne hundred and twenty days
dNinety days
Answer: D
Under Section 187(3) BNSS, detention beyond ninety days is impermissible for offences punishable with death, life imprisonment or imprisonment for not less than ten years; for all other offences the period is sixty days, on the expiry of which the accused is entitled to default bail.
A statement made by a witness to a police officer during the course of investigation under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 161 CrPC):
aIs admissible as substantive evidence
bMust be signed by the person making it
cMust be recorded on oath
dShall not be signed by the person making it
Answer: D
A statement recorded under Section 180 BNSS is not to be signed by the maker; it is not substantive evidence and may be used only to contradict the witness in the manner provided in the Bharatiya Sakshya Adhiniyam.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession or statement made in the course of investigation may be recorded under Section 183 by:
aOnly the Superintendent of Police
bAny police officer of the rank of Inspector and above
cAny Metropolitan or Judicial Magistrate
dOnly an Executive Magistrate
Answer: C
Section 183 BNSS (corresponding to old Section 164 CrPC) empowers a Magistrate, whether or not having jurisdiction in the case, to record a confession or statement; a police officer on whom Magistrate's powers are conferred cannot record a confession under this provision.
An application for a direction for grant of bail to a person apprehending arrest on an accusation of having committed a non-bailable offence (anticipatory bail) is made under the Bharatiya Nagarik Suraksha Sanhita, 2023 to the High Court or Court of Session under:
aSection 482 BNSS
bSection 480 BNSS
cSection 483 BNSS
dSection 438 BNSS
Answer: A
Anticipatory bail is now governed by Section 482 BNSS, which replaced Section 438 CrPC and confers power on the High Court and Court of Session to grant pre-arrest bail.
An order directing a person of sufficient means to make a monthly allowance for the maintenance of his wife, children or parents who are unable to maintain themselves is passed under the Bharatiya Nagarik Suraksha Sanhita, 2023 by a Magistrate of the first class under:
aSection 144 BNSS
bSection 126 BNSS
cSection 145 BNSS
dSection 125 BNSS
Answer: A
Section 144 BNSS (corresponding to old Section 125 CrPC) empowers a Judicial Magistrate of the first class to order maintenance to wives, children and parents, including interim maintenance during the pendency of proceedings.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the sentence which a Court of Judicial Magistrate of the first class may pass is imprisonment not exceeding:
aFive years, or fine not exceeding ten thousand rupees, or both
bTwo years, or fine not exceeding five thousand rupees, or both
cThree years, or fine not exceeding fifty thousand rupees, or both, or community service
dSeven years, or fine not exceeding one lakh rupees, or both
Answer: C
Section 23(2) BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining by an accused must be filed:
aWithin sixty days from the date of taking cognizance
bAt any time before pronouncement of judgment
cBefore the recording of the prosecution evidence
dWithin thirty days from the date of framing of the charge
Answer: D
Section 290 BNSS requires the accused to file an application for plea bargaining within thirty days from the date of framing of the charge, a fixed timeline newly introduced under the Sanhita.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduced trial in absentia of a proclaimed offender. Under Section 356, such trial may commence:
aOnly with the prior sanction of the State Government
bAfter ninety days from the date of framing of the charge
cAfter sixty days from issuance of the proclamation
dImmediately upon the accused being declared a proclaimed offender
Answer: B
Section 356 BNSS, a new provision, permits trial in absentia of a proclaimed offender who has absconded and provides a waiting period of ninety days from the date of framing of charge before the trial proceeds.
Where the death of a woman is caused by burns or bodily injury otherwise than under normal circumstances within seven years of her marriage, and soon before her death she was subjected to cruelty for dowry, the offence of dowry death under the Bharatiya Nyaya Sanhita is found in
aSection 80
bSection 85
cSection 79
dSection 84
Answer: A
Section 80 BNS defines and punishes dowry death with imprisonment not less than seven years, extending to life. It corresponds to the former Section 304-B of the Indian Penal Code.
Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means with proper care and caution. This general exception is contained in
aSection 18 of the Bharatiya Nyaya Sanhita
bSection 14 of the Bharatiya Nyaya Sanhita
cSection 20 of the Bharatiya Nyaya Sanhita
dSection 22 of the Bharatiya Nyaya Sanhita
Answer: A
Section 18 BNS embodies the defence of accident in doing a lawful act, replacing Section 80 of the Indian Penal Code. The act must be lawful and done with proper care and caution.
To constitute an unlawful assembly under the Bharatiya Nyaya Sanhita, the minimum number of persons sharing a common object must be
atwo or more
bthree or more
cseven or more
dfive or more
Answer: D
Section 189 BNS requires five or more persons with a common object to constitute an unlawful assembly, retaining the threshold of the former Section 141 of the Indian Penal Code.
A entrusted with B's property dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, the offence of criminal breach of trust is punishable under
aSection 312
bSection 314
cSection 318
dSection 316
Answer: D
Section 316 BNS consolidates criminal breach of trust (formerly Sections 405-409 IPC), with the general punishment enhanced to imprisonment up to five years. Lawful entrustment followed by dishonest misappropriation is the essence of the offence.
Putting a person in fear of injury and thereby dishonestly inducing him to deliver property is
atheft under Section 303 of the Bharatiya Nyaya Sanhita
bcheating under Section 318 of the Bharatiya Nyaya Sanhita
cextortion under Section 308 of the Bharatiya Nyaya Sanhita
drobbery under Section 309 of the Bharatiya Nyaya Sanhita
Answer: C
Section 308 BNS defines extortion as intentionally putting a person in fear of injury to dishonestly induce delivery of property. Delivery by the victim under fear distinguishes it from theft.
When five or more persons conjointly commit robbery, the offence under the Bharatiya Nyaya Sanhita is
adacoity under Section 310
brobbery under Section 309
corganised crime under Section 111
drioting under Section 191
Answer: A
Section 310 BNS provides that when five or more persons conjointly commit or attempt to commit robbery, the act amounts to dacoity, punishable with life imprisonment or rigorous imprisonment up to ten years.
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. This exception appears in
aSection 23 of the Bharatiya Nyaya Sanhita
bSection 21 of the Bharatiya Nyaya Sanhita
cSection 22 of the Bharatiya Nyaya Sanhita
dSection 20 of the Bharatiya Nyaya Sanhita
Answer: B
Section 21 BNS embodies the doctrine of doli incapax for a child above seven and under twelve of immature understanding, corresponding to the former Section 83 of the Indian Penal Code. Section 20 covers a child under seven.
Under the Bharatiya Nyaya Sanhita, the punishment for committing attempt to murder, where no hurt is caused to any person, may extend to
aimprisonment of either description for ten years and fine
bimprisonment of either description for three years
cimprisonment for life only
ddeath in every case
Answer: A
Under Section 109 BNS, an attempt to murder is punishable with imprisonment of either description up to ten years and fine; if hurt is caused, the term may extend to imprisonment for life. It corresponds to Section 307 of the Indian Penal Code.
The offence of defamation under the Bharatiya Nyaya Sanhita, which for the first time provides community service as one of the punishments, is dealt with under
aSection 358
bSection 356
cSection 351
dSection 354
Answer: B
Section 356 BNS deals with defamation and uniquely introduces community service as a punishment, in addition to simple imprisonment up to two years or fine. It replaces Sections 499-500 of the Indian Penal Code.
Whoever voluntarily causes grievous hurt that endangers life or causes the victim to be in a persistent vegetative state may attract enhanced punishment. The general definition of 'grievous hurt' under the Bharatiya Nyaya Sanhita is in
aSection 116
bSection 117
cSection 118
dSection 115
Answer: A
Section 116 BNS defines grievous hurt (formerly Section 320 IPC), while Section 117 deals with voluntarily causing grievous hurt and its aggravated forms, including the new provision for permanent disability or vegetative state.
The Bharatiya Nyaya Sanhita introduces a distinct provision penalising 'organised crime' carried on by a member of an organised crime syndicate through violence, threat or coercion for financial benefit. This offence is found in
aSection 113
bSection 109
cSection 152
dSection 111
Answer: D
Section 111 BNS is a wholly new provision defining and punishing organised crime, while Section 113 deals separately with terrorist acts. Neither offence existed in the repealed Indian Penal Code.
The Finance Commission, to recommend the distribution of the net proceeds of taxes between the Union and the States, is constituted by the President under
aArticle 263
bArticle 270
cArticle 280
dArticle 360
Answer: C
Article 280 requires the President to constitute a Finance Commission at the expiration of every fifth year, or earlier, consisting of a Chairman and four other members.
A resolution to prefer a charge for impeachment of the President under Article 61 must be passed by a majority of
atwo-thirds of the total membership of the House
bone-half of the total membership of the House
ca simple majority of the House
dthree-fourths of the members present and voting
Answer: A
Under Article 61, the impeachment resolution must be passed by a majority of not less than two-thirds of the total membership of the House after fourteen days' notice signed by at least one-fourth of the members.
After the Constitution (Forty-fourth Amendment) Act, 1978, the right to property is
aabolished altogether
ba fundamental right under Article 31
ca fundamental right under Article 19(1)(f)
da constitutional/legal right under Article 300A
Answer: D
The 44th Amendment deleted the right to property from Part III and inserted Article 300A, making it only a constitutional/legal right that no person shall be deprived of save by authority of law.
Appointments of, and the posting and promotion of, district judges in a State shall be made by
athe High Court alone
bthe Governor of the State in consultation with the High Court
cthe Chief Justice of India in consultation with the Governor
dthe State Public Service Commission
Answer: B
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to judicial officers below the rank of district judge, is vested in
athe Governor
bthe State Government
cthe High Court
dthe District Magistrate
Answer: C
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, including postings, promotions and leave of judicial officers holding posts inferior to that of district judge.
Proclamation issued by the President on the ground of failure of constitutional machinery in a State (President's Rule) is made under
aArticle 356
bArticle 360
cArticle 365
dArticle 352
Answer: A
Article 356 empowers the President to issue a proclamation where the government of a State cannot be carried on in accordance with the provisions of the Constitution.
So much of the information received from a person in police custody as relates distinctly to the fact thereby discovered may be proved under
aSection 27 of the Bharatiya Sakshya Adhiniyam, 2023
bthe proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023
cSection 26 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 22 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: B
The discovery exception (formerly Section 27 of the Indian Evidence Act) now appears in the proviso to Section 23(2) of the BSA, 2023. Only that part of the information distinctly relating to the fact discovered is admissible.
A confession caused by an inducement, threat, coercion or promise proceeding from a person in authority is rendered irrelevant in a criminal proceeding by
aSection 23 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 22 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 21 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 24 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: B
Section 22 of the BSA, 2023 makes a confession irrelevant where it appears to have been caused by inducement, threat, coercion or promise from a person in authority. It corresponds to Section 24 of the Indian Evidence Act, 1872.
A statement made by a person as to the cause of his death, when the cause of that person's death comes into question, is relevant under the Bharatiya Sakshya Adhiniyam, 2023
aonly when the person making it was under expectation of death
bonly if it is recorded by a Judicial Magistrate
conly if it is reduced to writing and signed
dwhether or not the person who made it was under expectation of death
Answer: D
Under Section 26 of the BSA, 2023 a dying declaration is relevant whether or not the declarant was under expectation of death at the time it was made. This restates the rule formerly in Section 32 of the Indian Evidence Act, 1872.
When the Court has to form an opinion as to the identity of finger impressions, the opinion of persons specially skilled in such questions is a relevant fact under
aSection 39 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 45 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 47 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 51 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
Section 39 of the BSA, 2023 deals with opinions of experts and corresponds to Section 45 of the Indian Evidence Act, 1872. Section 39(2) further makes the opinion of an Examiner of Electronic Evidence a relevant fact for digital information.
The document itself produced for the inspection of the Court is
asecondary evidence under Section 58 of the Bharatiya Sakshya Adhiniyam, 2023
bdocumentary hearsay
cpresumptive evidence under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023
dprimary evidence under Section 57 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 57 of the BSA, 2023 defines primary evidence as the document itself produced for the inspection of the Court. It corresponds to Section 62 of the Indian Evidence Act, 1872 and now expressly treats electronic records as primary evidence.
A copy of a document made from the original by a mechanical process which in itself ensures the accuracy of the copy is
asecondary evidence under Section 58 of the Bharatiya Sakshya Adhiniyam, 2023
badmissible only with leave of the Court
cprimary evidence under Section 57 of the Bharatiya Sakshya Adhiniyam, 2023
dnot admissible in any case
Answer: A
Section 58 of the BSA, 2023 enumerates kinds of secondary evidence, including copies made by a mechanical process ensuring accuracy. It corresponds to Section 63 of the Indian Evidence Act, 1872.
The burden of proving a fact which is especially within the knowledge of any person lies
aupon the person who first asserts the affirmative
bupon that person, under Section 106 of the Bharatiya Sakshya Adhiniyam, 2023
cupon the prosecution in every case
dupon the Court to find out by inquiry
Answer: B
Section 106 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon that person. It corresponds to Section 106 of the Indian Evidence Act, 1872.
Where a woman's death is caused by burns or bodily injury within seven years of marriage and she was shown to have been subjected to cruelty for dowry soon before her death, the Court
amay presume that the accused caused the dowry death
bshall acquit unless an eyewitness is produced
cshall treat the guilt as conclusive proof
dshall presume that the accused caused the dowry death, under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 118 of the BSA, 2023 requires the Court to presume dowry death where cruelty for dowry soon before death is shown. It corresponds to Section 113B of the Indian Evidence Act, 1872 and creates a rebuttable mandatory presumption.
The fact that any person born during the continuance of a valid marriage is the legitimate child of that man is, under the Bharatiya Sakshya Adhiniyam, 2023,
aconclusive proof of legitimacy, subject to proof of non-access, under Section 116
ba fact which the Court shall presume
ca fact which the Court may presume
dirrelevant unless paternity is admitted
Answer: A
Section 116 of the BSA, 2023 makes birth during a valid marriage conclusive proof of legitimacy unless non-access between the parties is shown. It corresponds to Section 112 of the Indian Evidence Act, 1872.
If all 'advocates' are 'graduates' and some 'graduates' are 'judges', which conclusion necessarily follows?
aSome judges are advocates
bAll advocates are judges
cNo advocate is a judge
dAll advocates are graduates
Answer: D
From 'all advocates are graduates', it necessarily follows that all advocates are graduates; the link between graduates and judges is only partial, so the other conclusions do not necessarily follow.
The State emblem of India, bearing the motto 'Satyameva Jayate', is adapted from the Lion Capital of Ashoka situated at
aLumbini
bSanchi
cSarnath
dBodh Gaya
Answer: C
The State Emblem of India is an adaptation of the Lion Capital of Ashoka at Sarnath; the words 'Satyameva Jayate' are taken from the Mundaka Upanishad.
A mortgage which is not a simple mortgage, a mortgage by conditional sale, a usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds is called
aan equitable mortgage
ban anomalous mortgage
ca sub-mortgage
da puisne mortgage
Answer: B
Section 58(g) defines an anomalous mortgage as one which does not fall within any of the other five categories of mortgage enumerated in Section 58.
Where a person erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and later acquires an interest in that property, then under Section 43 of the Transfer of Property Act
athe transferor may avoid the transfer at his own option
bthe transfer is wholly void and conveys nothing
cthe transferee must institute a fresh suit for specific performance
dthe transfer operates, at the option of the transferee, on the interest so subsequently acquired
Answer: D
Section 43 embodies the doctrine of feeding the grant by estoppel: where the transferor later acquires an interest in the property, the transfer operates on that interest at the option of the transferee, provided the contract subsists and the transferee is misled.
The doctrine of lis pendens, codified in Section 52 of the Transfer of Property Act, provides that during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property
avests automatically in the court until the suit is decided
bmay be transferred, but not so as to affect the rights of any party under any decree made therein, except with the authority of the court
ccannot be transferred by any party at all
dmay be transferred only with the consent of the opposite party
Answer: B
Section 52 does not prohibit transfer outright; a transfer made during pendency is valid between the parties to it but cannot affect the rights of any party to the suit under the decree, except with the authority of the court.
To claim the benefit of part performance under Section 53A of the Transfer of Property Act in respect of a document executed after 24th September 2001, the contract to transfer the immovable property must be
aa registered instrument
bin writing but need not be registered
can oral agreement supported by delivery of possession
dattested by at least two witnesses though unregistered
Answer: A
After the Registration and Other Related Laws (Amendment) Act, 2001, the words excusing non-registration were omitted from Section 53A, so an unregistered contract has no effect and the contract must be registered to invoke part performance.
Which of the following is an essential ingredient of a valid gift under Section 122 of the Transfer of Property Act?
aAcceptance by or on behalf of the donee during the lifetime of the donor and while he is capable of giving
bCompulsory delivery of possession in every case
cThe property gifted must be future property
dTransfer must be supported by adequate consideration
Answer: A
Under Section 122, a gift is a voluntary transfer without consideration which must be accepted by or on behalf of the donee during the donor's lifetime and while he is still capable of giving; otherwise the gift is void.
Under Section 6 of the Transfer of Property Act, which of the following can be validly transferred?
aThe actionable claim of a debt due to the transferor
bThe chance of an heir-apparent succeeding to an estate (spes successionis)
cA mere right to sue
dA public office or the salary of a public officer
Answer: A
Section 6 bars transfer of spes successionis, a mere right to sue and public offices/salaries, but an actionable claim such as a debt is freely transferable under the Act.
When a contract becomes impossible to perform after it is made, by reason of some event which the promisor could not prevent, the contract
aremains binding
bbecomes void when the act becomes impossible
cbecomes voidable at the option of the promisee
dis enforceable with reduced obligations
Answer: B
Under the second paragraph of Section 56, a contract to do an act which, after the contract is made, becomes impossible or unlawful becomes void when the act becomes impossible or unlawful (doctrine of frustration).
aco-extensive with that of the principal debtor, unless otherwise provided by the contract
bsecondary in every case and arises only on the death of the principal debtor
climited to half the debt
dnone of the above
Answer: A
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.
In a contract of indemnity under Section 124, the promisor undertakes to save the other from loss caused
aonly by an act of God
bby the conduct of the promisor himself or by the conduct of any other person
conly by the conduct of the promisor himself
donly by the conduct of a third person
Answer: B
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person.
A general lien, as a security for the general balance of account, is conferred by Section 171 upon
aall bailees
bpledgees alone
cbankers, factors, wharfingers, attorneys of a High Court and policy-brokers
donly bankers
Answer: C
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other persons have only a particular lien unless there is an express contract.
Where a sum is named in a contract as the amount to be paid in case of breach, the party complaining of the breach is entitled to receive
adouble the named sum
bthe named sum in every case as a debt
creasonable compensation not exceeding the amount so named, whether or not actual damage is proved
dnothing unless actual loss is strictly proved
Answer: C
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named (or penalty stipulated), whether or not actual damage or loss is proved.
When both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is
avoidable
billegal
cvoid
dvalid
Answer: C
Section 20 provides that where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Section 20A, inserted by the Specific Relief (Amendment) Act, 2018, provides that in a suit involving a contract relating to an infrastructure project specified in the Schedule, the court
ashall not grant an injunction where it would cause impediment or delay in the progress or completion of such infrastructure project
bmay grant specific performance only with the consent of the Central Government
cshall transfer the suit to the High Court for disposal
dshall grant an injunction as a matter of right to the aggrieved party
Answer: A
Section 20A bars the grant of any injunction in a suit involving a contract relating to a notified infrastructure project where the injunction would impede or delay the project's progress or completion.
Under Section 16(c) of the Specific Relief Act, 1963 as amended in 2018, to obtain specific performance the plaintiff must
aplead and prove that he has paid the entire consideration in advance
bshow that the defendant has acted fraudulently
cdeposit the contract amount in court before filing the suit
dprove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
Answer: D
The 2018 amendment substituted 'prove' for 'aver and prove' in Section 16(c); the plaintiff must prove readiness and willingness to perform the essential terms to be performed by him.
An injunction cannot be granted under the Specific Relief Act, 1963 to restrain any person from instituting or prosecuting any proceeding in a criminal matter. This bar is contained in
aSection 41(a)
bSection 41(b)
cSection 41(h)
dSection 41(d)
Answer: D
Section 41(d) prohibits the grant of an injunction to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
Under Section 41(b) 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 within the same district
ca court not subordinate to that from which the injunction is sought
dany tribunal constituted under a special statute
Answer: C
Section 41(b) bars an injunction to restrain proceedings in a court not subordinate to that from which the injunction is sought; proceedings in subordinate courts may, by contrast, be restrained.
Section 34 of the Specific Relief Act, 1963 empowers the court to make a declaration of legal character or right. The proviso to Section 34 lays down that no such declaration shall be made where the plaintiff
ahas not paid the requisite court fee on the plaint
bseeks the declaration against the Government
chas lost possession of the property more than six months earlier
dis able to seek further relief than a mere declaration of title but omits to do so
Answer: D
The proviso to Section 34 bars a mere declaratory decree where the plaintiff, being able to seek further relief than the declaration, omits to do so.
Section 31 of the Specific Relief Act, 1963 deals with
arectification of an instrument that does not reflect the real intention of the parties
bcancellation of a written instrument which is void or voidable and may cause serious injury to a person
cdeclaration of the validity of a registered sale deed
drescission of a contract on the ground of mistake
Answer: B
Section 31 allows a person against whom a written instrument is void or voidable, and who reasonably apprehends serious injury, to sue to have it adjudged void or voidable and ordered to be cancelled.
Subject to certain exceptions, every promissory note or bill of exchange (not being payable on demand) is at maturity, under Section 22 of the Negotiable Instruments Act, 1881, on the
aday on which it falls due, with no days of grace
bsecond day after the day on which it is expressed to be payable
cfifth day after the day on which it is expressed to be payable
dthird day after the day on which it is expressed to be payable
Answer: D
Section 22 provides that the maturity of a promissory note or bill of exchange (not payable on demand, at sight or on presentment) is the third day after the day on which it is expressed to be payable, three days of grace being added.
Under Section 118 of the Negotiable Instruments Act, 1881, until the contrary is proved, it shall be presumed that every negotiable instrument was made or drawn
awithout consideration
bfor inadequate consideration
cfor an illegal consideration
dfor consideration
Answer: D
Section 118(a) raises a rebuttable presumption that every negotiable instrument was made or drawn for consideration, and that every such instrument accepted, indorsed, negotiated or transferred was done so for consideration. The burden of disproving consideration lies on the party so alleging.
When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be 'noted' by a notary public upon the instrument. This provision is contained in
aSection 100
bSection 104
cSection 91
dSection 99
Answer: D
Section 99 provides for 'noting' of dishonour by a notary public upon the instrument, or upon a paper attached thereto, recording the fact and date of dishonour. The formal certificate of such dishonour, called 'protest', is provided for under Section 100.
Under Section 138 of the Negotiable Instruments Act, 1881, a complaint regarding dishonour of a cheque can be made by the payee or holder in due course only after the drawer fails to make payment within fifteen days of the receipt of the statutory demand notice, and the notice itself must be given in writing within
afifteen days of the cheque being returned unpaid
bone month of the cheque being returned unpaid
cthirty days of the receipt of information from the bank regarding return of the cheque as unpaid
dforty-five days of the cheque being returned unpaid
Answer: C
Clause (b) of the proviso to Section 138 requires the payee or holder in due course to make a demand for payment by giving notice in writing within thirty days of receipt of information from the bank regarding the return of the cheque as unpaid. The drawer then gets fifteen days to pay before the offence is complete.
Under Section 27(2)(a) of the Karnataka Rent Act, 1999, an order for recovery of possession on the ground of arrears can be made only where the tenant has neither paid nor tendered the whole of the arrears of rent and other charges legally recoverable from him within
afifteen days from the date of service of the notice of demand
bone month from the date of service of the notice of demand
ctwo months from the date on which a notice of demand for payment has been served on him
dthree months from the date of service of the notice of demand
Answer: C
Section 27(2)(a) requires the tenant to clear the whole of the arrears within two months from the date of service of the notice of demand (served as per Section 106 of the Transfer of Property Act); failure attracts an eviction order.
Where a tenant is liable to be evicted on the ground of arrears under Section 27(2)(a) of the Karnataka Rent Act, 1999, the Court shall direct him to vacate unless he pays or deposits the arrears (with subsequent rent) into Court within
afifteen days of the date of the order
btwo months of the date of the order
cone month of the date of the order
dninety days of the date of the order
Answer: C
The second proviso to Section 27(2)(a) gives a defaulting tenant a final opportunity: the eviction order takes effect unless he pays or deposits the calculated arrears into Court within one month of the date of the order.
Protection of tenants against eviction under the Karnataka Rent Act, 1999 is contained in
aSection 27
bSection 25
cSection 31
dSection 21
Answer: A
Section 27 in Chapter VI (Regulation of Eviction) provides that, notwithstanding any other law or contract, no order or decree for recovery of possession shall be made except on the grounds enumerated in sub-section (2).
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