Karnataka Judiciary Mock Test 7 — Questions & Solutions
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Under the proviso to Order VI Rule 17 CPC, an application for amendment of pleadings after the trial has commenced
ashall not be allowed unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial
bshall be allowed in all circumstances
ccan never be allowed once the trial has begun
dshall be allowed only with the consent of the opposite party
Answer: A
The proviso to Order VI Rule 17 (inserted in 2002) bars post-trial-commencement amendment unless the court is satisfied that, despite due diligence, the party could not have raised the matter earlier.
The doctrine of res judicata under Section 11 CPC requires, among other conditions, that the former suit had been decided by a court
aof the highest grade in the district
bsituated within the same State
cpresided over by a District Judge
dcompetent to try such subsequent suit
Answer: D
Section 11 CPC requires that the matter directly and substantially in issue must have been heard and finally decided by a court competent to try the subsequent suit, between the same parties litigating under the same title.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity until the expiration of, after notice in writing under Section 80 CPC,
aone month
bthree months
ctwo months
dsix months
Answer: C
Section 80(1) CPC requires that no such suit be instituted until the expiry of two months after a written notice stating the cause of action, name and place of residence of the plaintiff, and the relief claimed, is delivered.
An application by a defendant to set aside an ex parte decree on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing lies under
aOrder IX Rule 9 CPC
bOrder IX Rule 4 CPC
cOrder IX Rule 7 CPC
dOrder IX Rule 13 CPC
Answer: D
Order IX Rule 13 CPC permits a defendant against whom an ex parte decree is passed to apply for setting it aside on proof that the summons was not duly served or that sufficient cause prevented appearance.
Where a decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, the partition of the estate, under Section 54 CPC, shall be made by
athe parties themselves through a registered deed
bthe civil court passing the decree
ca commissioner appointed under Order XXVI
dthe Collector or any gazetted subordinate of the Collector deputed by him
Answer: D
Section 54 CPC provides that partition of an undivided estate assessed to government revenue is to be made by the Collector, or a gazetted subordinate deputed by him, in accordance with the law relating to partition of such estates.
Under Order XXXIII CPC, an "indigent person" is broadly one who
ais unwilling to prosecute the suit diligently
bhas no legal knowledge to conduct his own case
cresides outside the jurisdiction of the court
dis not possessed of sufficient means (other than exempt property and the subject-matter of the suit) to enable him to pay the prescribed court fee
Answer: D
Order XXXIII Rule 1 CPC defines an indigent person as one not possessed of sufficient means (excluding property exempt from attachment and the subject-matter of the suit) to pay the prescribed court fee, or where no fee is prescribed, one not entitled to property worth one thousand rupees.
The power of a court to grant a temporary injunction to restrain waste, damage, alienation or wrongful sale of property in dispute, or threatened dispossession of the plaintiff, is contained in
aSection 94 CPC alone
bOrder XXXIX Rules 1 and 2 CPC
cOrder XL Rule 1 CPC
dOrder XXXVIII Rules 1 and 2 CPC
Answer: B
Order XXXIX Rules 1 and 2 CPC empower the court to grant a temporary injunction where property in dispute is in danger of being wasted, damaged, alienated or wrongfully sold, or where the defendant threatens to dispossess the plaintiff or cause injury.
Restitution, that is, restoring to a party the benefit which the other party obtained under a decree subsequently varied or reversed, is provided for under
aSection 151 CPC
bSection 144 CPC
cSection 152 CPC
dSection 47 CPC
Answer: B
Section 144 CPC embodies the doctrine of restitution, enabling the court which passed a decree to place the parties in the position they would have occupied but for the decree that has since been varied or reversed.
Suits for the recovery of immovable property, or for the determination of any right to or interest in immovable property, shall, under Section 16 CPC, ordinarily be instituted in the court within whose local limits
athe plaintiff actually and voluntarily resides
bthe defendant carries on business
cthe cause of action wholly arose
dthe property is situate
Answer: D
Section 16 CPC requires that suits relating to immovable property (recovery, partition, foreclosure, sale, redemption, determination of rights, etc.) be instituted in the court within whose local limits the property is situate.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation, under
aSection 89 CPC
bSection 94 CPC
cSection 80 CPC
dSection 9 CPC
Answer: A
Section 89 CPC empowers the court, where elements of a settlement appear to exist, to formulate the terms and refer the matter to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
A Civil Court has jurisdiction to try all suits of a civil nature
aexcepting suits of which their cognizance is expressly or impliedly barred
bonly when the suit is valued above a prescribed pecuniary limit
cin every case without exception
donly with the prior permission of the District Judge
Answer: A
Section 9 CPC vests Civil Courts with jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred by statute.
Where the defendant fails to file the written statement within thirty days of service of summons, the Court may extend the time, but not beyond
aninety days from the date of service of summons
bthe date of framing of issues
csixty days from the date of service of summons
done hundred twenty days from the date of service of summons
Answer: A
Under the proviso to Order VIII Rule 1 CPC the Court may, for reasons recorded, extend the time for filing the written statement but not beyond ninety days from the date of service of summons.
No suit against the Government for an act done by a public officer in his official capacity shall be instituted until the expiry of
atwo months after notice in writing
bsix months after notice in writing
cthree months after notice in writing
done month after notice in writing
Answer: A
Section 80 CPC requires that a suit against the Government or a public officer be preceded by a written notice, and the suit cannot be instituted until two months have expired after such notice.
A second appeal to the High Court under Section 100 CPC lies only
aon a question of fact
bon a substantial question of law
cwith the consent of both parties
don both questions of fact and law
Answer: B
A second appeal under Section 100 CPC lies to the High Court only if the case involves a substantial question of law, which must be formulated by the Court.
All questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree shall be determined by
athe High Court in revision under Section 115
bthe appellate Court under Order XLI
ca separate suit instituted for that purpose
dthe executing Court under Section 47 CPC and not by a separate suit
Answer: D
Section 47 CPC mandates that all questions relating to the execution, discharge or satisfaction of a decree be determined by the executing Court, not by a separate suit.
An application to set aside a sale of immovable property in execution on the ground of material irregularity or fraud in publishing or conducting it lies under
aOrder XXI Rule 92
bOrder XXI Rule 90
cOrder XXI Rule 89
dOrder XXI Rule 91
Answer: B
Order XXI Rule 90 CPC provides for setting aside a sale on the ground of material irregularity or fraud in publishing or conducting the sale, where substantial injury is shown.
The general power to transfer and withdraw any suit, appeal or other proceeding pending before a subordinate Court is conferred on the High Court and the District Court by
aSection 22 CPC
bSection 23 CPC
cSection 24 CPC
dSection 25 CPC
Answer: C
Section 24 CPC confers a general power on the High Court and District Court, on application or suo motu, to transfer or withdraw any suit, appeal or proceeding from one subordinate Court to another competent Court.
The Court may strike out or add parties to a suit at any stage of the proceedings under
aOrder I Rule 9
bOrder I Rule 10
cOrder I Rule 8
dOrder II Rule 3
Answer: B
Order I Rule 10 CPC empowers the Court, at any stage and even without an application, to strike out a party improperly joined and to add any party whose presence is necessary to effectually adjudicate the suit.
A suit upon a bill of exchange, hundi or promissory note in which the plaintiff seeks to recover a debt or liquidated demand is governed by the summary procedure under
aOrder XXXIX
bOrder XXXVII
cOrder XXXVIII
dOrder XXXVI
Answer: B
Order XXXVII CPC prescribes summary procedure for suits on bills of exchange, hundies and promissory notes and for recovery of a debt or liquidated demand, where the defendant must obtain leave to defend.
In a summary suit under Order XXXVII CPC, the defendant
aneed not enter appearance at all
bmay defend only after depositing the entire claim
cis entitled to defend the suit as of right
dshall not appear or defend unless he obtains leave of the Court
Answer: D
Under Order XXXVII CPC the defendant has no right to defend a summary suit as of right; he must enter appearance and obtain leave of the Court to defend.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence in respect of an offence punishable with imprisonment for a term of:
aThree years or more
bFive years or more
cSeven years or more
dTen years or more
Answer: C
Section 176(3) BNSS makes it mandatory, for offences punishable with seven years' imprisonment or more, that a forensic expert visit the crime scene to collect evidence and that the process be videographed.
Under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of police custody that may be authorised in respect of an accused is:
aFourteen days, exclusively within the first week of remand
bSeven days, to be taken at the commencement of investigation only
cThirty days, in a single stretch
dFifteen days, which may be sought in parts during the initial forty or sixty days of detention
Answer: D
Under Section 187 BNSS the fifteen-day police custody may be granted in parts spread over the initial forty days (offences up to ten years) or sixty days (graver offences) of the detention period, as affirmed by the Supreme Court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to require a person likely to commit a breach of the peace or disturb public tranquillity to execute a bond for keeping the peace, for a period not exceeding one year, vests in:
aThe District Magistrate under Section 163 BNSS
bA Judicial Magistrate of the first class under Section 144 BNSS
cAn Executive Magistrate under Section 126 BNSS
dThe Court of Session under Section 127 BNSS
Answer: C
Section 126 BNSS empowers an Executive Magistrate to require a person to show cause why he should not execute a bond for keeping the peace for a period not exceeding one year where there is apprehension of breach of peace.
Under Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may take cognizance of an offence:
aOnly upon a complaint of facts constituting the offence
bOnly upon a police report
cOnly upon receiving information from a person other than a police officer
dUpon a complaint, upon a police report, or upon information received from any person other than a police officer or upon his own knowledge
Answer: D
Section 210 BNSS (corresponding to old Section 190 CrPC) allows a competent Magistrate to take cognizance upon a complaint, upon a police report, or upon information received from any person other than a police officer or upon his own knowledge.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before arresting a person accused of a cognizable offence punishable with imprisonment which may extend to less than seven years, a police officer is ordinarily required to:
aRecord the statement of the person under Section 183 BNSS
bIssue a notice directing the person to appear, where arrest is not necessary, recording reasons in writing if he proceeds to arrest
cSeek prior sanction of the Superintendent of Police
dObtain a warrant from the jurisdictional Magistrate
Answer: B
Section 35 BNSS requires that, for offences punishable with imprisonment up to seven years, the officer ordinarily issue a notice of appearance; if he nonetheless arrests, he must record the reasons in writing, reflecting the safeguards traceable to Arnesh Kumar.
The Bharatiya Nagarik Suraksha Sanhita, 2023 newly provides a statutory framework and time-limits for filing a mercy petition by a convict under sentence of death. This is contained in:
aSection 454 BNSS
bSection 433 BNSS
cSection 472 BNSS
dSection 415 BNSS
Answer: C
Section 472 BNSS is a new provision regulating mercy petitions in death sentence cases, prescribing that the petition be filed within thirty days before the Governor and, thereafter, within sixty days before the President.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering registration of a 'Zero FIR' relating to a cognizable offence at any police station irrespective of the area where the offence is committed is contained in
aSection 190
bSection 173
cSection 154
dSection 200
Answer: B
Section 173 BNSS deals with information in cognizable cases and expressly permits an FIR to be registered irrespective of the jurisdiction in which the offence is committed (Zero FIR), with subsequent transfer to the competent police station.
Where the offence alleged is punishable with imprisonment for less than three years and the person to be arrested is infirm or above sixty years of age, Section 35(7) of the BNSS provides that no arrest shall be made without the prior permission of
aan officer not below the rank of Deputy Superintendent of Police
bthe Superintendent of Police
cthe District Magistrate
dthe Judicial Magistrate of the First Class
Answer: A
Section 35(7) BNSS bars arrest, in the case of an offence punishable with imprisonment of less than three years where the person is infirm or above sixty years, without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the BNSS, the maximum sentence which a Court of a Magistrate of the First Class may pass is
aimprisonment up to seven years and fine up to ten thousand rupees
bimprisonment up to one year, or fine up to ten thousand rupees, or both
cimprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service
dimprisonment up to three years and fine up to five thousand rupees
Answer: C
Section 23 BNSS empowers a Magistrate of the First Class to pass a sentence of imprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service.
A confession or statement of an accused or of a victim during investigation may be recorded by a Judicial Magistrate under the BNSS in terms of
aSection 183
bSection 193
cSection 161
dSection 180
Answer: A
Section 183 BNSS (corresponding to Section 164 CrPC) empowers a Judicial Magistrate to record confessions and statements made during investigation, and now requires audio-video recording wherever feasible.
Where an offence is punishable with imprisonment for seven years or more, the BNSS makes it mandatory for a forensic expert to visit the scene of crime to collect forensic evidence. This requirement is contained in
aSection 176(3)
bSection 193(3)
cSection 105
dSection 173(2)
Answer: A
The proviso to Section 176(3) BNSS makes it mandatory, for offences punishable with seven years or more, for a forensic expert to visit the crime scene to collect forensic evidence, with the process recorded by videography.
Under Section 105 of the BNSS, the process of search and seizure, including the preparation of the list of seized articles, shall be
arecorded through audio-video electronic means, preferably mobile phone
battested only by two independent witnesses of the locality
creduced to writing and signed only by the investigating officer
dconducted only in the presence of a Magistrate
Answer: A
Section 105 BNSS mandates that search and seizure, including preparation and signing of the list of seized articles by witnesses, be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
An application for grant of anticipatory bail (direction for release in anticipation of arrest) under the BNSS is to be made under
aSection 480
bSection 438
cSection 483
dSection 482
Answer: D
Section 482 BNSS (corresponding to Section 438 CrPC) confers on the High Court and the Court of Session the power to grant anticipatory bail to a person apprehending arrest for a non-bailable offence.
Under Section 187 of the BNSS, where the investigation cannot be completed within the prescribed period, the accused becomes entitled to release on default bail after ninety days only where the offence is
apunishable with imprisonment up to ten years
bany cognizable offence
cpunishable with imprisonment up to three years
dpunishable with death, imprisonment for life, or imprisonment for a term not less than ten years
Answer: D
Section 187 BNSS prescribes ninety days for offences punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, and sixty days for other offences, beyond which the accused is entitled to default bail.
Under the Bharatiya Nyaya Sanhita, the punishment for rape under Section 64(1) is rigorous imprisonment for a term which shall not be less than
aten years, extending to imprisonment for life
bseven years, extending to imprisonment for life
cthree years, extending to seven years
dfive years, extending to ten years
Answer: A
Section 64(1) BNS punishes rape with rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and fine. The earlier minimum under the amended IPC was likewise ten years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is defined and its punishment is provided respectively in
aSection 300 and Section 302
bSection 101 and Section 103
cSection 103 and Section 101
dSection 100 and Section 105
Answer: B
Section 101 BNS defines when culpable homicide amounts to murder, while Section 103 prescribes the punishment (death or imprisonment for life and fine). This mirrors the old IPC scheme of Sections 300 and 302.
Snatching, introduced as a distinct offence under the Bharatiya Nyaya Sanhita, 2023, is punishable with imprisonment which may extend to
afive years and fine
bseven years and fine
cthree years and fine
dtwo years and fine
Answer: C
Section 304 BNS makes snatching a separate offence and prescribes imprisonment which may extend to three years, and also a fine. It is a new provision having no exact counterpart in the IPC.
Where five or more persons acting in concert commit murder on the ground of race, caste, community, sex, place of birth or language, each member, under the Bharatiya Nyaya Sanhita, 2023, shall be punished with death or imprisonment for life or imprisonment for a term not less than
afive years
bseven years
cten years
dthree years
Answer: B
Section 103(2) BNS deals with mob lynching and prescribes death, or imprisonment for life, or imprisonment for a term not less than seven years, together with fine, for each member of such a group.
The provision relating to acts done by several persons in furtherance of common intention, formerly Section 34 of the Indian Penal Code, finds place in the Bharatiya Nyaya Sanhita, 2023 in
aSection 34
bSection 190
cSection 3(5)
dSection 61
Answer: C
The rule of joint liability for acts done in furtherance of common intention, earlier Section 34 IPC, is now contained in Section 3(5) BNS in the chapter of general explanations.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dowry death is punishable and the death must have occurred within how many years of the woman's marriage?
aTen years
bThree years
cFive years
dSeven years
Answer: D
Section 80 BNS retains the dowry death provision: an unnatural death of a woman within seven years of marriage, connected with cruelty or harassment for dowry, attracts the presumption and minimum punishment of seven years.
Section 111 of the Bharatiya Nyaya Sanhita, 2023, introduces as a substantive offence
aadultery
bsedition
corganised crime
dcriminal intimidation
Answer: C
Section 111 BNS for the first time defines and punishes organised crime committed by a crime syndicate, prescribing a minimum of five years extending to imprisonment for life with fine, and death or life imprisonment where it causes death.
Sexual intercourse by employing deceitful means, including a false promise of marriage made without intention to fulfil it, is a distinct offence under the Bharatiya Nyaya Sanhita, 2023 in
aSection 69
bSection 375
cSection 90
dSection 64
Answer: A
Section 69 BNS is a new offence punishing sexual intercourse obtained by deceitful means or a false promise of marriage, employment or promotion, with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum term of rigorous imprisonment prescribed for the offence of rape under Section 64 is
afourteen years
bseven years
cten years
dfive years
Answer: C
Section 64 BNS provides that whoever commits rape shall be punished with rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and fine.
Whoever commits dacoity under the Bharatiya Nyaya Sanhita, 2023 may be dealt with under Section 310; for the offence of dacoity the minimum number of persons conjointly committing or attempting robbery must be
afive or more
bthree or more
cseven or more
dtwo or more
Answer: A
Section 310 BNS retains the IPC definition: when five or more persons conjointly commit or attempt to commit robbery, the offence is dacoity.
Criminal breach of trust is punishable under the Bharatiya Nyaya Sanhita, 2023 under
aSection 316
bSection 303
cSection 405
dSection 318
Answer: A
Section 316 BNS deals with criminal breach of trust, including its aggravated forms by a public servant or banker, corresponding to former Sections 405 to 409 IPC.
The provision in the Constitution of India directing the State to endeavour to secure for the citizens a uniform civil code throughout the territory of India is
aArticle 39A
bArticle 44
cArticle 48
dArticle 51
Answer: B
Article 44, a Directive Principle of State Policy, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout India.
The Directive Principle requiring the State to take steps to separate the judiciary from the executive in the public services of the State is contained in
aArticle 47
bArticle 50
cArticle 235
dArticle 41
Answer: B
Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State.
Appointments of persons to be, and the posting and promotion of, district judges in a State shall be made by
athe High Court alone
bthe State Public Service Commission
cthe Chief Justice of India
dthe Governor in consultation with the High Court exercising jurisdiction in that State
Answer: D
Under Article 233, the appointment, posting and promotion of district judges is made by the Governor 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 persons belonging to the judicial service of a State and holding posts inferior to the post of District Judge, vests in
athe High Court
bthe State Government
cthe District Magistrate
dthe Governor
Answer: A
Article 235 vests the control over district courts and subordinate courts, including posting, promotion and grant of leave, in the High Court.
In Chapter VI of Part VI of the Constitution, the expression "district judge" is defined to include all of the following EXCEPT
aChief Presidency Magistrate
ba Munsiff exercising original civil jurisdiction in petty suits
cAdditional District Judge
dSessions Judge
Answer: B
Under Article 236, "district judge" includes Additional District Judge, Joint District Judge, Assistant District Judge, Chief Judge of a Small Cause Court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge, but not a Munsiff.
The power of a High Court to issue writs under Article 226 of the Constitution may be exercised
aonly against the State Government
bonly with the prior sanction of the Supreme Court
conly for the enforcement of fundamental rights
dfor the enforcement of fundamental rights and for any other purpose
Answer: D
Article 226 empowers a High Court to issue writs for the enforcement of fundamental rights and "for any other purpose", giving it a wider scope than Article 32.
Where a person has by his declaration, act or omission intentionally caused another to believe a thing to be true and to act upon such belief, he is not allowed to deny its truth. This rule of estoppel is contained in
aSection 118 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 124 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 121 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 115 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: C
The doctrine of estoppel is contained in Section 121 of the BSA, 2023 (the estoppel chapter spanning Sections 121 to 123). It corresponds to Section 115 of the Indian Evidence Act, 1872.
A question suggesting the answer which the person putting it wishes or expects to receive is a leading question. Such a question, if objected to, may not be asked in examination-in-chief except with the permission of the Court, under
aSection 151 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 141 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 146 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 157 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: C
Leading questions are governed by Section 146 of the BSA, 2023, which permits them freely in cross-examination but restricts them in examination-in-chief and re-examination unless the Court permits. It corresponds to Sections 141 and 142 of the Indian Evidence Act, 1872.
The Court may, in its discretion, permit the party who calls a witness to put to him any question which might be put in cross-examination by the adverse party. This power, used when a witness turns hostile, is found in
aSection 160 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 154 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 146 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 157 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 157 of the BSA, 2023 allows the Court to permit a party to cross-examine its own (hostile) witness. It corresponds to Section 154 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the number of witnesses required to prove any fact is
aat least three in every criminal case
bno particular number, as provided in Section 139
cat least two in every civil case
das fixed by the High Court Rules of the State
Answer: B
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required for proof of any fact. It corresponds to Section 134 of the Indian Evidence Act, 1872.
An accomplice is, under the Bharatiya Sakshya Adhiniyam, 2023,
aan incompetent witness against an accused person
bcompetent only in cases tried by a Court of Session
ccompetent only if granted pardon by the Court
da competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon his corroborated testimony, under Section 138
Answer: D
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. The enacted BSA text uses the word 'corroborated', a deliberate change from the word 'uncorroborated' in the repealed Section 133 of the Indian Evidence Act, 1872.
Under the proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from an accused in police custody
athe whole confession leading to the discovery becomes admissible
bthe information is admissible only if reduced to writing by a Magistrate
conly so much of the information as relates distinctly to the fact thereby discovered may be proved
dnothing said in custody can be proved in any circumstance
Answer: C
The proviso to Section 23(2) of the BSA is an exception to the bar on confessions in custody; only so much of the information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered may be proved. It corresponds to the old Section 27 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer
amay be proved only if a panchanama is drawn
bshall not be proved as against a person accused of any offence
cmay be proved against the accused if it is voluntary
dis conclusive proof of guilt
Answer: B
Section 23(1) of the BSA bars proof of any confession made to a police officer as against a person accused of an offence, irrespective of whether it was voluntary.
The fact that a person was born during the continuance of a valid marriage, or within a fixed period after its dissolution the mother remaining unmarried, is conclusive proof of legitimacy under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). That period is
athree hundred days
bone hundred and eighty days
ctwo hundred and eighty days
dtwo hundred and ten days
Answer: C
Section 116 of the BSA makes such birth conclusive proof of legitimacy if it occurs within two hundred and eighty days after dissolution of the marriage, the mother remaining unmarried, unless non-access is shown.
If in a certain code language 'COURT' is written as 'DPVSU', then the word 'JUDGE' will be written in that code as
aKWEHF
bKVDHF
cKVEHF
dIVEHF
Answer: C
Each letter is shifted one place forward in the alphabet (C+1=D, O+1=P ...). Applying the same rule to JUDGE gives K, V, E, H, F, i.e. KVEHF.
Q68General Knowledge / Reasoning
Pointing to a photograph, a man said, 'She is the daughter of the only son of my mother.' How is the lady in the photograph related to the man?
aSister
bNiece
cCousin
dDaughter
Answer: D
The only son of the man's mother is the man himself; therefore the lady, being the daughter of the man himself, is his daughter.
Q69General Knowledge / Reasoning
Find the next number in the series: 3, 6, 11, 18, 27, ___
a36
b40
c42
d38
Answer: D
The differences between successive terms are 3, 5, 7, 9, 11 (consecutive odd numbers); hence 27 + 11 = 38.
Q70General Knowledge / Reasoning
A is the brother of B. B is the sister of C. C is the father of D. How is A related to D?
aUncle
bFather
cBrother
dGrandfather
Answer: A
A and C are brothers (A is brother of B, B is sister of C), and C is D's father; therefore A is D's uncle (paternal).
Q71General Knowledge / Reasoning
In a row of 25 children facing North, R is 11th from the left end. What is R's position from the right end?
a15th
b14th
c13th
d16th
Answer: A
Position from the right = total - position from left + 1 = 25 - 11 + 1 = 15th.
Q72General Knowledge / Reasoning
Which one of the following pairs is correctly matched?
aGol Gumbaz — located at Belagavi
bHampi (Vijayanagara ruins) — UNESCO World Heritage Site
cBandipur National Park — located in Uttara Kannada
dMysuru Palace — located at Hubballi
Answer: B
The Group of Monuments at Hampi, the ruins of the Vijayanagara Empire in Karnataka, is a UNESCO World Heritage Site. Gol Gumbaz is at Vijayapura, Mysuru Palace at Mysuru, and Bandipur in Chamarajanagar.
The Constitution of India was adopted by the Constituent Assembly on
a26th January 1950
b26th January 1949
c26th November 1949
d15th August 1947
Answer: C
The Constituent Assembly adopted the Constitution on 26 November 1949 (celebrated as Constitution Day/Samvidhan Divas); it came into force on 26 January 1950.
A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made under Section 107 of the Transfer of Property Act
aeither by registered instrument or by oral agreement
bby an unregistered writing signed by the lessor
conly by a registered instrument
dby an oral agreement accompanied by delivery of possession
Answer: C
Section 107 requires that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, be made only by a registered instrument; other leases may be made by oral agreement accompanied by delivery of possession.
Under Section 111 of the Transfer of Property Act, a lease of immovable property determines
aonly by a decree of the civil court
bonly by efflux of the time limited by the lease
cautomatically on the death of the lessee in all cases
dby efflux of time, merger, forfeiture, surrender, or by notice to quit, among other modes
Answer: D
Section 111 enumerates several modes by which a lease determines, including efflux of the time limited, merger, express surrender, implied surrender, forfeiture, and expiry of a notice to quit.
In a usufructuary mortgage under Section 58(d) of the Transfer of Property Act, the mortgagee
ais entitled to have the mortgaged property sold on default and the proceeds applied to the debt
bis delivered possession and authorised to retain it and receive the rents and profits in lieu of interest or principal, or both
cholds only the title deeds without any right to possession
dbecomes the absolute owner if the mortgagor defaults
Answer: B
In a usufructuary mortgage, the mortgagor delivers possession to the mortgagee, who retains it and appropriates the rents and profits in lieu of interest, or principal, or both; the mortgagee has no right to sell or foreclose.
Where the mortgagor ostensibly sells the property with a condition that on default of payment the sale shall become absolute, the transaction is
aa simple mortgage
ba usufructuary mortgage
can English mortgage
da mortgage by conditional sale
Answer: D
Section 58(c) defines a mortgage by conditional sale; the proviso requires the condition to be embodied in the same document which effects or purports to effect the sale.
Section 52 embodies lis pendens: during the pendency of a non-collusive suit in which a right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any other party except under the authority of the court.
A transfer for consideration by an ostensible owner, made with the express or implied consent of the persons interested in the property, is protected under
aSection 51 of the Transfer of Property Act
bSection 43 of the Transfer of Property Act
cSection 41 of the Transfer of Property Act
dSection 53 of the Transfer of Property Act
Answer: C
Section 41 protects a transferee for consideration from an ostensible owner, provided the transferee acted in good faith after taking reasonable care to ascertain the transferor's power; it rests on the principle of estoppel.
Where a person fraudulently or erroneously represents that he is authorised to transfer immovable property and transfers it for consideration, and later acquires an interest in that property, the transfer
aremains void notwithstanding the subsequent acquisition
boperates automatically in favour of the transferor's heirs
ccan be enforced only against the original owner
doperates, at the option of the transferee, on the interest so acquired during the subsistence of the contract
Answer: D
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to enforce the transfer on any interest the transferor subsequently acquires while the contract of transfer subsists.
Consideration or object of an agreement is lawful unless
athe court regards it as immoral or opposed to public policy, or it is forbidden by law, or is fraudulent, or involves injury to person or property
bit is not reduced to writing
cthe parties are strangers
dit is of small value
Answer: A
Section 23 renders the consideration or object unlawful where it is forbidden by law, is fraudulent, involves injury to the person or property of another, or the court regards it as immoral or opposed to public policy.
A finder of goods who takes them into his custody is, under the Indian Contract Act, subject to the responsibility of
aa surety
ban agent
ca trustee
da bailee
Answer: D
Section 71 provides that a person who finds goods belonging to another and takes them into his custody is subject to the same responsibility as a bailee.
Under Section 2(d) of the Indian Contract Act, an act done by the promisee at the desire of the promisor before the date of the promise constitutes
apast consideration, which is a good consideration
bno consideration at all
cconsideration only if separately paid for
dan executory consideration
Answer: A
Section 2(d) recognises consideration that 'has done or abstained from doing' something at the promisor's desire, i.e. past consideration is valid consideration in India, unlike English law.
An agreement made without consideration on account of natural love and affection between parties standing in a near relation to each other is valid under Section 25 only if it is
aoral but proved by two witnesses
bin writing and registered
csupported by some nominal consideration
dattested by a notary
Answer: B
The first exception in Section 25 requires the agreement to be expressed in writing and registered under the law for registration of documents; mere love and affection is not enough.
A perpetual injunction under Section 38 of the Specific Relief Act, 1963 may be granted to the plaintiff
aonly where the obligation arises out of a registered document
bto prevent the breach of an obligation existing in his favour
cto restrain prosecution of a pending criminal trial
donly against the Government and its officers
Answer: B
Section 38(1) provides that a perpetual injunction may be granted to prevent the breach of an obligation existing in the plaintiff's favour, whether expressly or by implication.
Section 14A, inserted by the Specific Relief (Amendment) Act, 2018, empowers the court, in any suit under the Act, to
aengage one or more experts to assist it on any specific issue involved in the suit
brefer the suit to a Lok Adalat for compromise
cdirect the parties to undergo compulsory mediation
dappoint an arbitrator to decide the dispute
Answer: A
Section 14A allows the court to engage one or more experts to assist it on any specific issue involved in the suit and to obtain their reports and examine them.
Under the Specific Relief Act, 1963, where a party to a contract suffers a breach, the concept of 'substituted performance' introduced by the 2018 amendment is contained in
aSection 28
bSection 15
cSection 36
dSection 20
Answer: D
Section 20, as substituted in 2018, provides for substituted performance: the aggrieved party may, after notice, get the contract performed through a third party or his own agency and recover the costs from the party in breach.
Under Section 5 of the Specific Relief Act, 1963, a person entitled to the possession of specific immovable property may recover it
aonly where he proves better title than the Government
bonly by invoking the inherent powers of the High Court
cin the manner provided by the Code of Civil Procedure, 1908
donly by a summary suit within six months
Answer: C
Section 5 provides that a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (i.e., a title suit).
An injunction cannot be granted under Section 41 of the Specific Relief Act, 1963 to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance. This bar appears in
aSection 41(b)
bSection 41(f)
cSection 41(d)
dSection 41(j)
Answer: B
Section 41(f) bars an injunction to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.
The offence of dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 is punishable with imprisonment which may extend to two years, or with fine which may extend to
afive thousand rupees
bthrice the amount of the cheque
ctwice the amount of the cheque
dthe amount of the cheque
Answer: C
Section 138 prescribes punishment of imprisonment up to two years, or fine up to twice the amount of the cheque, or both, for dishonour of a cheque for insufficiency of funds or because it exceeds the arrangement with the bank.
Under Section 139 of the Negotiable Instruments Act, 1881, where a signed cheque is dishonoured, the court shall presume, unless the contrary is proved, that the holder received the cheque
awithout the knowledge of the drawer
bonly as security and not towards any debt
cfor the discharge, in whole or in part, of any debt or other liability
das a gift unsupported by consideration
Answer: C
Section 139 raises a rebuttable presumption in favour of the holder that the cheque was received for the discharge, in whole or in part, of any debt or other liability. The onus to rebut this presumption lies on the accused drawer.
Under Section 142 of the Negotiable Instruments Act, 1881, no court shall take cognizance of an offence under Section 138 except upon a complaint, in writing, made by
athe payee or, as the case may be, the holder in due course of the cheque
bthe drawee banker on whom the cheque was drawn
cthe drawer of the cheque
dany person aware of the dishonour
Answer: A
Section 142(a) provides that cognizance of an offence under Section 138 can be taken only on a written complaint made by the payee or, as the case may be, the holder in due course of the cheque, within one month of the date on which the cause of action arises.
Notwithstanding anything contained in the Code of Criminal Procedure, the power of the court to try cases of dishonour of cheque summarily is conferred by
aSection 143 of the Negotiable Instruments Act
bSection 145 of the Negotiable Instruments Act
cSection 147 of the Negotiable Instruments Act
dSection 141 of the Negotiable Instruments Act
Answer: A
Section 143 empowers a Judicial Magistrate of the first class or a Metropolitan Magistrate to try offences under Section 138 summarily. Section 141 deals with offences by companies, Section 145 with evidence on affidavit, and Section 147 makes offences compoundable.
Under Section 2(3)(e) of the Karnataka Rent Act, 1999, the Act does not apply to a residential premises in an area referred to in Part A of the First Schedule where the deemed or standard rent exceeds
arupees two thousand per month
brupees one thousand per month
crupees five thousand per month
drupees three thousand five hundred per month
Answer: D
Section 2(3)(e)(i) excludes premises whose deemed or standard rent exceeds three thousand five hundred rupees per month in Part A areas of the First Schedule (and two thousand rupees per month in any other area).
Under Section 2(3)(f) of the Karnataka Rent Act, 1999, premises newly constructed or substantially renovated are exempt from the Act for a period of
afive years from the date of completion of construction
bfifteen years from the date of completion of such construction or substantial renovation
ctwenty years from the date of completion of construction
dten years from the date of completion of construction
Answer: B
Section 2(3)(f) keeps newly constructed or substantially renovated premises outside the Act for fifteen years from the date of completion of such construction or substantial renovation.
Under Section 7 of the Karnataka Rent Act, 1999, the standard rent of any premises is calculated on the basis of
aten per cent per annum of the aggregate of the cost of construction and the market price of the land
bfifteen per cent per annum of the market price of the land alone
cthe rent agreed between the landlord and tenant without any statutory ceiling
dsix per cent per annum of the cost of construction alone
Answer: A
Section 7(1) fixes standard rent at ten per cent per annum of the aggregate of the cost of construction and the market price of the land comprised in the premises, computed as on the date of commencement of construction.
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