Karnataka Judiciary Mock Test 9 — Questions & Solutions
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A suit against the Government cannot be instituted, except with the leave of the Court, until the expiration of the notice period prescribed under Section 80 of the Code of Civil Procedure, which is
asix months
bone month
cthree months
dtwo months
Answer: D
Section 80 CPC requires a written notice and a waiting period of two months before instituting a suit against the Government or a public officer in respect of an act done in official capacity.
A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court from an appellate decree only if the High Court is satisfied that the case involves
aan error apparent on the face of the record
ba substantial question of law
cany question of fact
da mixed question of law and fact
Answer: B
Section 100 CPC confines second appeals to cases involving a substantial question of law, which must be formulated by the High Court; the appeal is heard only on the question so framed.
Order XXXVII of the Code of Civil Procedure (summary procedure) is applicable, among others, to suits upon bills of exchange, hundies and promissory notes. After service of the summons, the defendant who has entered appearance must apply for leave to defend within
aninety days from the institution of the suit
bten days from the service of the summons for judgment
cthirty days from the service of the summons for judgment
dfifteen days from the date of decree
Answer: B
Under Order XXXVII CPC the defendant must, within ten days of service of the summons for judgment, apply for leave to defend supported by an affidavit disclosing facts that constitute a defence.
Section 9 of the Code of Civil Procedure declares that the courts shall have jurisdiction to try all suits of a civil nature
awithout exception
bexcepting suits of which their cognizance is either expressly or impliedly barred
conly where the value exceeds the prescribed pecuniary limit
donly with the prior sanction of the District Judge
Answer: B
Section 9 CPC vests civil courts with jurisdiction over all suits of a civil nature except those whose cognizance is expressly or impliedly barred by law.
The doctrine of res judicata, which bars a court from trying a matter already directly and substantially in issue in a former suit between the same parties and finally decided, is contained in
aSection 12 of the Code of Civil Procedure
bSection 10 of the Code of Civil Procedure
cSection 11 of the Code of Civil Procedure
dSection 13 of the Code of Civil Procedure
Answer: C
Section 11 CPC embodies res judicata; Section 10, by contrast, deals with stay of suit (res sub judice) where the matter is pending in a previously instituted suit.
An application to add or strike out parties to a suit, on the ground that the presence of a person is necessary to enable the Court effectually to adjudicate upon the questions involved, is governed by
aOrder VII Rule 11 of the Code of Civil Procedure
bOrder VI Rule 17 of the Code of Civil Procedure
cOrder I Rule 10 of the Code of Civil Procedure
dOrder II Rule 2 of the Code of Civil Procedure
Answer: C
Order I Rule 10 CPC empowers the Court to add, substitute or strike out parties so that all necessary and proper parties are before it for effectual adjudication.
Amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, after the trial has commenced, shall ordinarily not be allowed unless the Court concludes that
ain spite of due diligence the party could not have raised the matter before the commencement of trial
bthe opposite party consents in writing
cthe suit is of a commercial nature
dthe amendment is sought within ninety days of institution
Answer: A
The proviso to Order VI Rule 17 CPC bars post-trial amendments unless the Court is satisfied that, despite due diligence, the party could not have raised the matter before the trial began.
A plaint may be rejected under Order VII Rule 11 of the Code of Civil Procedure where
athe defendant fails to appear on the first hearing
bthe witnesses are not cited in the list
cit does not disclose a cause of action
dthe suit is undervalued by less than ten per cent
Answer: C
Order VII Rule 11 CPC provides for rejection of a plaint, inter alia, where it discloses no cause of action, is undervalued and not corrected, is insufficiently stamped, or is barred by law.
Where a plaintiff withdraws from a suit without the permission of the Court to file a fresh suit, the consequence under Order XXIII Rule 1 of the Code of Civil Procedure is that he
amust obtain the consent of the defendant before refiling
bshall be precluded from instituting any fresh suit in respect of the same subject matter
cmay institute a fresh suit on the same cause of action without restriction
dmay institute a fresh suit only after one year
Answer: B
Under Order XXIII Rule 1 CPC, abandonment or withdrawal of a suit without leave to file afresh precludes the plaintiff from bringing a new suit on the same subject matter.
Where a sole plaintiff dies and the right to sue survives, the proper course under Order XXII of the Code of Civil Procedure is to
atransfer the suit to the District Court
bbring the legal representatives of the deceased plaintiff on record
cdismiss the suit forthwith
dtreat the suit as automatically abated in all cases
Answer: B
Under Order XXII CPC, where the right to sue survives, the legal representatives of a deceased plaintiff must be substituted; failure to do so within the limitation period results in abatement.
The power of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised a jurisdiction not vested in it, is the power of
areview under Section 114
breference under Section 113
crevision under Section 115
dtransfer under Section 24
Answer: C
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts where no appeal lies.
The power of a court to issue a commission, for instance to examine a witness who is unable to attend the court or to make a local investigation, is conferred by
aOrder XL of the Code of Civil Procedure
bOrder XVIII of the Code of Civil Procedure
cOrder XXVI of the Code of Civil Procedure
dOrder XXI of the Code of Civil Procedure
Answer: C
Order XXVI CPC (read with Section 75) provides for issue of commissions, including to examine witnesses, make local investigations, examine accounts and partition property.
The provision of the Code of Civil Procedure which expressly 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 is
aSection 148
bSection 152
cSection 153
dSection 151
Answer: D
Section 151 CPC preserves the inherent powers of the Court to make orders necessary for the ends of justice or to prevent abuse of its process.
A suit is of a civil nature. Under the Code of Civil Procedure, the Civil Court has jurisdiction to try it
aunless its cognizance is either expressly or impliedly barred
bonly if the suit involves a question of title to immovable property
conly if a statute expressly confers jurisdiction
donly with the prior sanction of the High Court
Answer: A
Section 9 CPC provides that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
The principle of res judicata under Section 11 of the Code of Civil Procedure bars
atrial of a matter directly and substantially in issue which was already heard and finally decided in a former suit between the same parties
bthe institution of two suits on different causes of action
cany second appeal on a question of fact
dthe filing of a fresh suit only where the earlier suit was dismissed for default
Answer: A
Section 11 CPC bars a court from trying a matter directly and substantially in issue between the same parties which has been heard and finally decided by a competent court in a former suit.
No suit shall be instituted against the Government in respect of an act purporting to be done by a public officer in his official capacity until the expiration of
asix months next after notice in writing
bone month next after notice in writing
ctwo months next after notice in writing has been delivered
dthree months next after notice in writing
Answer: C
Section 80 CPC requires two months' prior written notice before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity.
Under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, where the defendant fails to file the written statement within thirty days, the court may allow it to be filed within an outer limit not later than
a120 days from the date of service of summons
b90 days from the date of service of summons
c60 days from the date of service of summons
d150 days from the date of service of summons
Answer: B
Under Order VIII Rule 1 CPC (non-commercial suits), the written statement is to be filed within 30 days, extendable for reasons recorded in writing to a maximum of 90 days from the date of service of summons.
An application to set aside a decree passed ex parte against a defendant is filed under
aOrder IX Rule 9 CPC
bOrder IX Rule 13 CPC
cOrder VII Rule 11 CPC
dOrder IX Rule 7 CPC
Answer: B
Order IX Rule 13 CPC empowers the court to set aside an ex parte decree where the defendant satisfies it that the summons was not duly served or that he was prevented by sufficient cause from appearing.
Where a plaintiff withdraws a suit without the permission of the court to institute a fresh suit on the same subject-matter, he
amay freely institute a fresh suit on payment of fresh court fee
bmay institute a fresh suit only with the consent of the defendant
cmay institute a fresh suit within ninety days of withdrawal
dis precluded from instituting any fresh suit in respect of such subject-matter
Answer: D
Under Order XXIII Rule 1 CPC, a plaintiff who abandons or withdraws a suit without leave to file afresh is precluded from instituting any fresh suit in respect of the same subject-matter.
Under the proviso to Section 223(1) of the BNSS, before taking cognizance of an offence upon a private complaint, the Magistrate must
arecord the statement of the complainant in camera
brefer the matter to the police under Section 175
cissue process to the accused forthwith
dgive the accused an opportunity of being heard
Answer: D
The proviso to Section 223(1) BNSS introduces a new safeguard requiring the Magistrate to give the proposed accused an opportunity of being heard before taking cognizance of an offence on a complaint.
Under Section 230 of the BNSS, copies of the police report, the FIR, statements and other documents are required to be furnished to the accused and the victim within
athirty days of taking cognizance
bfourteen days from the date of production or appearance of the accused
csixty days of filing the charge-sheet
dseven days of the accused's appearance
Answer: B
Section 230 BNSS requires the Magistrate to supply the prescribed documents to the accused and the victim (if represented) free of cost within fourteen days from the date of production or appearance of the accused.
Under Section 356 of the BNSS, an inquiry, trial or judgment in absentia of a proclaimed offender who has absconded may be conducted, but the trial shall not commence until
asix months after the proclamation
bninety days after framing of charge
cthirty days after framing of charge
dthe accused is arrested
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender, but provides that the trial shall not commence until the expiry of ninety days from the date of framing of the charge.
Under Section 479 of the BNSS, a first-time offender (other than one charged with an offence punishable with death or life imprisonment) is entitled to release on bond on having undergone detention for a period extending up to
athe full maximum period of imprisonment
bone-third of the maximum period of imprisonment
cone-fourth of the maximum period of imprisonment
done-half of the maximum period of imprisonment
Answer: B
Under the first proviso to Section 479(1) BNSS, a first-time offender shall be released on bond by the court on having undergone detention up to one-third of the maximum period of imprisonment specified for the offence.
Under the BNSS, 2023, the power of a police officer to arrest a person without a warrant is contained in
aSection 41
bSection 50
cSection 35
dSection 46
Answer: C
Section 35 of the BNSS (corresponding to old Section 41 CrPC) enumerates the circumstances in which a police officer may arrest a person without an order from a Magistrate and without a warrant.
Under Section 193 of the BNSS, where the offence is punishable with imprisonment for ten years or more, the investigation must ordinarily be completed and the police report forwarded to the Magistrate within
a90 days from the date of arrest
b120 days from the date of arrest
c60 days from the date of arrest
d180 days from the date of arrest
Answer: A
Section 193 BNSS, read with the custody limits in Section 187, ties completion of investigation to 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days otherwise.
Under Section 64 of the BNSS, a summons bearing the image of the seal of the Court may, in addition to personal service, be served by
aaffixing on the outer door of the residence only
belectronic communication in the form and manner provided by State Government rules
cdelivery to any adult male member of the family only
dpublication in a newspaper only
Answer: B
Section 64 BNSS provides that a summons bearing the image of the Court's seal may be served by electronic communication in such form and manner as the State Government may by rules provide, in addition to personal service.
Under the BNSS, 2023, the power to grant anticipatory bail (direction for release on bail in anticipation of arrest) is now contained in
aSection 483
bSection 480
cSection 438
dSection 482
Answer: D
Section 482 of the BNSS is the successor to old Section 438 CrPC dealing with anticipatory bail; notably it omits the illustrative guiding factors that the proviso to old Section 438(1) had contained.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to the commission of a cognizable offence punishable with imprisonment for three years or more but less than seven years is received, the officer in charge of the police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain whether a prima facie case exists, within a period of
aseven days
bfourteen days
cthirty days
dtwenty-one days
Answer: B
The proviso to Section 173(3) BNSS permits a preliminary enquiry for cognizable offences punishable with three or more but less than seven years' imprisonment, with prior DSP-rank permission, to be completed within fourteen days.
A police officer, dealing with a cognizable offence punishable with imprisonment which may extend up to seven years, proposes not to arrest the accused. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the proper course is to
aobtain a warrant of arrest from the Magistrate before proceeding
brecord the statement of the accused under Section 180 and release him
cforward the accused to the nearest Magistrate within twenty-four hours
dissue a notice under Section 35(3) directing the person to appear before him
Answer: D
For cognizable offences punishable with imprisonment up to seven years, Section 35(3) BNSS requires the officer to issue a notice of appearance instead of arresting, arrest being reserved for cases where it is demonstrably necessary.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an information relating to the commission of a cognizable offence may be registered by the officer in charge of a police station irrespective of the area within which the offence is committed. Such a First Information Report is commonly known as
aa Zero FIR
ban e-FIR
ca cross FIR
da second FIR
Answer: A
Section 173 BNSS gives statutory recognition to the Zero FIR, allowing registration of a cognizable offence at any police station regardless of jurisdiction, to be transferred thereafter to the competent station.
In an investigation into an offence punishable with imprisonment for ten years or more, the accused is in custody and the police have not completed the investigation. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which the Magistrate may authorise detention of the accused otherwise than on default bail is
aseventy-five days
bone hundred and eighty days
csixty days
dninety days
Answer: D
Under Section 187 BNSS, for offences punishable with death, life imprisonment, or imprisonment of ten years or more, detention pending investigation may extend up to ninety days, beyond which the accused is entitled to default bail.
As interpreted by the High Court of Karnataka under the Bharatiya Nagarik Suraksha Sanhita, 2023, in an offence punishable with imprisonment up to ten years, the fifteen days of police custody contemplated by Section 187 must be sought by the investigating agency within the first
afifteen days from the date of first remand
bsixty days of the ninety-day period
cthirty days of the sixty-day period
dforty days of the sixty-day period
Answer: D
Under Section 187(2) BNSS the fifteen days' police custody may be availed, in whole or part, within the initial forty days (of the sixty-day window) for such offences — a reading affirmed by the High Court of Karnataka and upheld by the Supreme Court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of any offence punishable with imprisonment for seven years or more, it is mandatory that
aa forensic expert visit the scene of crime to collect forensic evidence
bthe accused be produced before the Magistrate by video conferencing
cthe trial be conducted exclusively by the Court of Session
dthe confession of the accused be recorded by a Judicial Magistrate
Answer: A
Section 176(3) BNSS makes it mandatory, for offences punishable with seven years' imprisonment or more, for a forensic expert to visit the crime scene and collect forensic evidence using prescribed means.
By deception fraudulently or dishonestly inducing a person to deliver property or to do or omit to do anything which he would not do but for the deception, amounts to
acriminal breach of trust under Section 316 BNS
bextortion under Section 308 BNS
ccheating under Section 318 BNS
dforgery under Section 336 BNS
Answer: C
Section 318 BNS consolidates the offence of cheating (earlier IPC Sections 415, 417, 418 and 420) into a single provision.
A man who watches or captures the image of a woman engaging in a private act in circumstances where she would usually expect not to be observed commits the offence of
acriminal intimidation
boutraging modesty under Section 79 BNS
cvoyeurism under Section 77 BNS
dstalking
Answer: C
Section 77 BNS penalises voyeurism, i.e., a man watching or capturing the image of a woman engaging in a private act where she expects privacy.
Abetment is an offence under the Bharatiya Nyaya Sanhita, 2023
aonly when the offence abetted is actually committed
beven where the offence abetted is not committed in consequence of the abetment
conly when the abettor and principal are related
donly when the abettor is physically present at the scene
Answer: B
Abetment under Sections 45-49 BNS is an independent offence; liability arises from instigation, conspiracy or aid, and the abettor is liable even if the offence abetted is not committed.
Permanent privation of the sight of either eye, or emasculation, falls within the category of
awrongful restraint
bgrievous hurt under Section 116 BNS
cassault under Section 130 BNS
dsimple hurt
Answer: B
Section 116 BNS enumerates the kinds of grievous hurt, including emasculation and permanent privation of the sight of either eye (corresponding to IPC Section 320).
Where a person, in doing a lawful act in a lawful manner by lawful means and with proper care and caution, causes harm by accident or misfortune without any criminal intention or knowledge, the act is
anot an offence, being a general exception under Section 23 BNS
bvoidable at the option of the victim
can offence punishable with fine only
dan offence of causing hurt by negligence
Answer: A
Section 23 BNS provides the general exception of accident in doing a lawful act, excluding criminal liability where there is no criminal intention or knowledge (corresponding to IPC Section 80).
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, the offence and its enhanced punishment is provided under
aSection 103(2)
bSection 105(2)
cSection 111(2)
dSection 101(2)
Answer: A
Section 103 BNS prescribes punishment for murder; sub-section (2) is the new provision dealing with mob lynching, i.e. murder by a group of five or more persons on grounds such as race, caste or community.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dowry death of a married woman occurring within seven years of marriage is dealt with under
aSection 86
bSection 84
cSection 85
dSection 80
Answer: D
Section 80 BNS defines dowry death as the death of a woman caused by burns, bodily injury or otherwise than under normal circumstances within seven years of marriage, where she was subjected to cruelty in connection with a demand for dowry.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum sentence of imprisonment prescribed for the offence of dowry death is
aten years
bthree years
cseven years
dfive years
Answer: C
Section 80(2) BNS provides that a person committing dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined under
aSection 120B
bSection 61
cSection 59
dSection 120A
Answer: B
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means.
To constitute an 'unlawful assembly' under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons composing the assembly with a common object must be
atwo or more
bthree or more
cfive or more
dseven or more
Answer: C
Section 189 BNS designates an assembly of five or more persons as an unlawful assembly where the common object of those composing it is one of those enumerated in the section.
Under the Bharatiya Nyaya Sanhita, 2023, the kinds of hurt which are designated as 'grievous' are enumerated in
aSection 116
bSection 117
cSection 114
dSection 115
Answer: A
Section 114 BNS defines 'hurt', while Section 116 BNS enumerates the eight kinds of hurt designated as 'grievous', such as emasculation, permanent loss of sight or hearing, and fracture or dislocation of a bone or tooth.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of theft is defined under
aSection 303
bSection 301
cSection 304
dSection 378
Answer: A
Section 303 BNS defines theft as dishonestly taking any movable property out of the possession of any person without that person's consent, with the intention to take it.
Protection in respect of conviction for offences, including protection against double jeopardy and against self-incrimination, is guaranteed by
aArticle 20
bArticle 19
cArticle 21
dArticle 22
Answer: A
Article 20 protects against ex post facto laws, double jeopardy (no person to be prosecuted and punished for the same offence more than once) and self-incrimination.
The direction to the State to take steps to separate the judiciary from the executive in the public services of the State is a
aDirective Principle under Article 39A
bFundamental Duty under Article 51A
cDirective Principle under Article 50
dFundamental Right under Article 21
Answer: C
Article 50, a Directive Principle of State Policy, directs the State to take steps to separate the judiciary from the executive in the public services of the State.
The endeavour of the State to secure for the citizens a uniform civil code throughout the territory of India is contained in
aArticle 44
bArticle 46
cArticle 48
dArticle 45
Answer: A
Article 44, a Directive Principle, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The office of the Comptroller and Auditor-General of India is established under
aArticle 315
bArticle 280
cArticle 76
dArticle 148
Answer: D
Article 148 provides for a Comptroller and Auditor-General of India, who is appointed by the President and can be removed only in like manner and on like grounds as a Judge of the Supreme Court.
The Finance Commission is constituted by the President of India under
aArticle 324
bArticle 280
cArticle 263
dArticle 281
Answer: B
Under Article 280 the President constitutes a Finance Commission to recommend, inter alia, the distribution of taxes between the Union and the States and the principles governing grants-in-aid.
The superintendence, direction and control of the conduct of elections to Parliament and State Legislatures is vested in the Election Commission by
aArticle 324
bArticle 280
cArticle 338
dArticle 315
Answer: A
Article 324 vests in the Election Commission the superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to Parliament, State Legislatures, and the offices of President and Vice-President.
The procedure for the impeachment of the President of India for violation of the Constitution is laid down in
aArticle 56
bArticle 74
cArticle 61
dArticle 72
Answer: C
Article 61 prescribes the procedure for impeachment of the President for violation of the Constitution, the charge being preferred by either House of Parliament and requiring a two-thirds majority.
The provisions relating to Panchayats (Part IX, beginning with Article 243) were inserted into the Constitution by
athe 73rd Constitutional Amendment
bthe 44th Constitutional Amendment
cthe 74th Constitutional Amendment
dthe 42nd Constitutional Amendment
Answer: A
The 73rd Constitutional Amendment Act, 1992 inserted Part IX (Articles 243 to 243-O) giving constitutional status to Panchayati Raj institutions; the 74th Amendment correspondingly deals with Municipalities.
Free legal aid, and ensuring that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, is a Directive Principle contained in
aArticle 43A
bArticle 39
cArticle 38
dArticle 39A
Answer: D
Article 39A directs the State to secure equal justice and to provide free legal aid so that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Facts of which the court must take judicial notice under Section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
amust be proved by primary evidence
bare presumed to be disproved
cmust be proved by an expert
dneed not be proved
Answer: D
Section 51 of the BSA provides that no fact of which the court will take judicial notice need be proved, and Section 52 enumerates such facts (corresponding to the repealed Sections 56 and 57 of the Indian Evidence Act, 1872).
A certificate relating to electronic records for the purpose of admissibility is required under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by
aSection 39(2)
bSection 93
cSection 63(4)
dSection 66
Answer: C
Section 63(4) of the BSA requires a certificate identifying the electronic record and describing the manner of its production for the statement in it to be admissible as evidence of its contents (corresponding to the repealed Section 65B(4) of the Indian Evidence Act, 1872).
When an accused in police custody gives information that distinctly leads to the discovery of a fact, the admissibility of so much of that information as relates distinctly to the fact discovered is governed by
aSection 26 of the Bharatiya Sakshya Adhiniyam, 2023
bthe proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023
cSection 19 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) is now contained in the proviso to Section 23(2) of the BSA, 2023, admitting only so much of the information as relates distinctly to the fact thereby discovered.
A statement made by a person, since deceased, as to the cause of his death (a dying declaration) is made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 15
bSection 26
cSection 39
dSection 23
Answer: B
Section 26 of the BSA, 2023 (corresponding to Section 32 of the Indian Evidence Act) makes relevant statements of a person who is dead or cannot be found, including statements as to the cause of death.
Opinions of persons specially skilled in foreign law, science, art, or in questions as to identity of handwriting or finger impressions are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 45
bSection 26
cSection 51
dSection 39
Answer: D
Opinions of experts are dealt with in Section 39 of the BSA, 2023, which corresponds to Section 45 of the old Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. This rule is contained in
aSection 139
bSection 133
cSection 124
dSection 138
Answer: D
Section 138 of the BSA, 2023 (formerly Section 133 of the Indian Evidence Act) provides that an accomplice is a competent witness and a conviction on his uncorroborated testimony is not illegal.
Where any fact is especially within the knowledge of a person, the burden of proving that fact is upon him. This rule finds place in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 104
bSection 105
cSection 109
dSection 106
Answer: C
Section 109 of the BSA, 2023 (corresponding to Section 106 of the Indian Evidence Act) places the burden of proving a fact especially within a person's knowledge on that person.
Under the Bharatiya Sakshya Adhiniyam, 2023, where it is shown that soon before her death a woman had been subjected to cruelty or harassment in connection with a demand for dowry, the Court regarding dowry death
amay presume that such person caused the dowry death
bshall conclusively presume the dowry death
cshall presume that such person caused the dowry death
dshall draw no presumption at all
Answer: C
Section 118 of the BSA, 2023 (formerly Section 113B of the Indian Evidence Act) uses 'shall presume'; the term 'dowry death' carries the meaning in Section 80 of the Bharatiya Nyaya Sanhita, 2023.
Regarding abetment of suicide by a married woman within seven years of marriage where cruelty by the husband or his relative is shown, the Court under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023
ashall presume that the suicide was abetted
bcannot draw any presumption
cshall conclusively presume abetment
dmay presume that the suicide was abetted
Answer: D
Section 117 of the BSA, 2023 (formerly Section 113A of the Indian Evidence Act) uses the discretionary 'may presume', in contrast to the mandatory 'shall presume' for dowry death under Section 118.
A sum of money doubles itself in 8 years at simple interest. In how many years will it become four times itself at the same rate?
a16 years
b20 years
c32 years
d24 years
Answer: D
Doubling in 8 years means the interest equals the principal in 8 years (rate 12.5% p.a.). To become four times, interest must equal three times the principal, taking 3 x 8 = 24 years.
Q67General Knowledge / Reasoning
Choose the word that is the odd one out: Plaintiff, Defendant, Witness, Advocate, Verdict.
aAdvocate
bVerdict
cPlaintiff
dWitness
Answer: B
Plaintiff, Defendant, Witness and Advocate are persons connected with a trial, whereas 'Verdict' is the decision/outcome of the trial, making it the odd one out.
Q68General Knowledge / Reasoning
In a row of 40 students, Ravi is 12th from the left end. What is his position from the right end?
a29th
b30th
c28th
d27th
Answer: A
Position from the right = Total - Position from left + 1 = 40 - 12 + 1 = 29th.
Q69General Knowledge / Reasoning
Statements: All advocates are graduates. Some graduates are judges. Which conclusion necessarily follows?
aSome graduates are advocates
bSome advocates are judges
cAll graduates are advocates
dAll judges are advocates
Answer: A
Since all advocates are graduates, the advocates form part of the graduates, so 'some graduates are advocates' necessarily follows. The link between advocates and judges is not established, so (b) does not follow.
Q70General Knowledge / Reasoning
Complete the analogy: Pen : Write :: Knife : ?
aCut
bMetal
cBlade
dSharp
Answer: A
A pen is an instrument used to write; analogously a knife is an instrument used to cut. The relationship is tool-to-function.
Q71General Knowledge / Reasoning
In a certain code language, 'COURT' is written as 'DPVSU'. In the same code, how will the word 'JUDGE' be written?
aKVEFH
bKVEHF
cKWEHF
dIVCHF
Answer: B
Each letter is shifted one place forward in the alphabet (C->D, O->P, U->V, R->S, T->U). Applying the same shift to JUDGE gives K, V, E, H, F, i.e. 'KVEHF'.
Q72General Knowledge / Reasoning
Pointing to a photograph, a Magistrate said, 'She is the daughter of the only son of my mother.' How is the woman in the photograph related to the Magistrate?
aCousin
bNiece
cSister
dDaughter
Answer: D
The only son of the Magistrate's mother is the Magistrate himself, so the woman is his own daughter.
Q73General Knowledge / Reasoning
If in a certain year the 5th of August was a Monday, on which day of the week did the 26th of August of that same year fall?
aSunday
bTuesday
cMonday
dWednesday
Answer: C
From 5 August to 26 August is exactly 21 days, which is a multiple of 7, so the day of the week repeats. Hence 26 August was also a Monday.
Q74Transfer of Property Act
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing being money only, the transaction is called
aa lease
ban exchange
ca sale
da gift
Answer: B
Section 118 defines an exchange as the mutual transfer of ownership of one thing for another, neither thing or both things being money only.
In a usufructuary mortgage under Section 58(d) of the Transfer of Property Act, the mortgagee is
asecured only by deposit of the title deeds
bentitled to a personal decree against the mortgagor on default
cgiven an absolute transfer of the property subject to re-conveyance
dauthorised to retain possession and receive rents and profits until payment of the mortgage money
Answer: D
Under Section 58(d), in a usufructuary mortgage the mortgagor delivers possession and authorises the mortgagee to retain it and to receive the rents and profits in lieu of interest, or in payment of the mortgage money, until the debt is satisfied.
A mere chance of an heir-apparent succeeding to an estate (spes successionis)
acannot be transferred under Section 6 of the Transfer of Property Act
bcan be transferred with the consent of the present holder
ccan be transferred only by a registered instrument
dcan be transferred only after the death of the present holder
Answer: A
Section 6(a) of the Transfer of Property Act, 1882 expressly bars the transfer of a spes successionis, i.e. the mere chance of an heir-apparent succeeding to an estate or any other like possibility.
Which of the following is correct regarding a mere right to sue under the Transfer of Property Act?
aIt cannot be transferred
bIt can be transferred only with the leave of the court
cIt can be freely transferred like any actionable claim
dIt can be transferred only to a legal practitioner
Answer: A
Section 6(e) provides that a mere right to sue cannot be transferred; only after a decree for damages is passed does it cease to be a mere right to sue and become transferable.
Where an unauthorised person fraudulently or erroneously represents that he is authorised to transfer immovable property and professes to transfer it for consideration, and afterwards acquires an interest in that property
athe transferor alone may elect to confirm the transfer
bthe transfer is void and cannot be validated
cthe transfer enures only in favour of subsequent purchasers
dthe transferee may, at his option, require the transfer to operate on the interest so acquired
Answer: D
Section 43 (doctrine of feeding the grant by estoppel) allows the transferee, at his option, to have the transfer operate on the interest which the transferor subsequently acquires, provided the contract is still subsisting.
During the pendency of a suit in which a right to immovable property is directly and specifically in question, a transfer of that property by a party to the suit
adoes not affect the rights of any other party under any decree that may be made in the suit
bis valid only if made with the consent of the opposite party
cis void as against all the world
dautomatically abates the suit
Answer: A
Under Section 52 (doctrine of lis pendens) such a transfer is not void, but it cannot affect the rights of any other party to the suit under the decree that may be passed; the transferee is bound by the result of the litigation.
The doctrine of part performance under Section 53A of the Transfer of Property Act operates
ato confer full ownership on the transferee in possession
bonly in favour of the transferor
conly where the contract is registered
das a shield to protect the transferee's possession, not as a sword to claim title
Answer: D
Section 53A debars the transferor from enforcing any right against the transferee in possession, but it does not pass title; it is available only as a defence (shield), not to found a claim of ownership.
If the creditor loses or, without the consent of the surety, parts with any security held at the time the guarantee was given, the surety under Section 141 is discharged
awholly, irrespective of the value of the security
bnot at all, the security being collateral
cto the extent of the value of the security lost or parted with
donly if the principal debtor consents
Answer: C
Under Section 141 the surety is entitled to the benefit of every security held by the creditor, and is discharged to the extent of the value of any security lost or parted with without his consent.
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers enjoy, in the absence of a contract to the contrary, a
aright of sale without notice under Section 176
bparticular lien under Section 170
cgeneral lien under Section 171
dright of stoppage in transit
Answer: C
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers to retain goods bailed to them as security for a general balance of account.
Under Section 185 of the Indian Contract Act, to create an agency
aconsideration is essential
bconsideration is necessary only for a paid agent
cno consideration is necessary
dconsideration must be in writing
Answer: C
Section 185 expressly provides that no consideration is necessary to create an agency, marking an exception to the general rule requiring consideration.
When a contract contains a sum named as the amount to be paid in case of breach, Section 74 of the Indian Contract Act entitles the aggrieved party to receive
areasonable compensation not exceeding the sum named, whether or not actual loss is proved
bonly the actual loss, the named sum being wholly ignored
cdouble the sum named where the breach is wilful
dthe whole sum named, automatically, as it is a debt
Answer: A
Section 74 allows the aggrieved party reasonable compensation not exceeding the stipulated amount, abolishing the distinction between penalty and liquidated damages; proof of actual loss is not a precondition though it guides the award.
Where acceptance of a proposal is sent by post, the communication of acceptance is complete as against the proposer
awhen the acceptor writes the letter of acceptance
bwhen the letter of acceptance is posted, so as to be out of the power of the acceptor
cwhen the proposer reads the letter of acceptance
dwhen the letter of acceptance actually reaches the proposer
Answer: B
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him so as to be out of the power of the acceptor.
An agreement made without consideration on account of natural love and affection between parties standing in a near relation to each other is valid
aonly if attested by two witnesses
bonly if it is in writing and registered under the law for registration of documents
cin all cases, whether oral or written
donly if the near relation is a lineal ascendant
Answer: B
Section 25(1) of the Indian Contract Act, 1872, requires that such an agreement be expressed in writing and registered under the law for the time being in force for registration of documents to be valid despite absence of consideration.
When both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is
avalid and binding
billegal and the parties are punishable
cvoidable at the option of either party
dvoid
Answer: D
Under Section 20 of the Indian Contract Act, 1872, where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
In a suit for specific performance under Section 21 of the Specific Relief Act, 1963, the plaintiff
acannot claim compensation in any circumstance
bmay claim compensation only if specifically pleaded in a separate suit
cmust elect compensation and forego specific performance
dmay also claim compensation for breach, in addition to or in substitution of such performance
Answer: D
Section 21 allows the plaintiff in a specific performance suit to also claim compensation for breach, either in addition to or in substitution of such performance.
A perpetual injunction under Section 38 of the Specific Relief Act, 1963 may be granted to the plaintiff where
athe defendant has invaded the plaintiff's right and there exists no standard for ascertaining the actual damage caused
bthe plaintiff has acquiesced in a continuing breach
can equally efficacious relief can be obtained by another usual mode of proceeding
dthe act complained of is the prosecution of a criminal proceeding
Answer: A
Section 38(3)(b) permits a perpetual injunction to prevent invasion of the plaintiff's property right where there is no standard for ascertaining actual damage.
Under Section 41(h) of the Specific Relief Act, 1963, an injunction cannot be granted when
aequally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust
bthe invasion is such as to cause a multiplicity of proceedings
ccompensation in money would not afford adequate relief
dthe defendant is a trustee of the property for the plaintiff
Answer: A
Section 41(h) bars an injunction where equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in the case of breach of trust.
Under Section 31 of the Specific Relief Act, 1963, a person against whom a written instrument is void or voidable may sue to have it adjudged void or voidable where he
ahas already acted upon the instrument as valid
bmerely wishes to clarify his rights without any apprehension of injury
chas a reasonable apprehension that the instrument, if left outstanding, may cause him serious injury
dis a stranger to the instrument with no interest in it
Answer: C
Section 31 permits a suit for cancellation where a written instrument is void or voidable against the plaintiff and he has a reasonable apprehension that, if left outstanding, it may cause him serious injury.
Where the drawee banker, having sufficient funds of the drawer properly applicable, wrongfully dishonours a cheque, Section 31 makes the banker liable to compensate
athe holder of the cheque
bthe payee or holder in due course
cthe drawer
dthe indorsee for value
Answer: C
Section 31 obliges the drawee banker to pay a cheque when duly required and, on default, to compensate only the drawer (its customer) for any loss or damage, not the holder.
A complaint for an offence under Section 138 of the Negotiable Instruments Act must, as a rule, be made within
afifteen days of the cause of action
bone month of the date on which the cause of action arises
cthree months of dishonour
dninety days of the statutory notice
Answer: B
Section 142(1)(b) requires the complaint to be made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138, though delay may be condoned for sufficient cause.
A complaint under Section 138 of the Negotiable Instruments Act can be validly instituted only by
athe drawer of the cheque
bany person aggrieved by the dishonour
cthe payee or the holder in due course of the cheque
dthe drawee banker
Answer: C
Under Section 142(1)(a) cognizance is taken only on a written complaint made by the payee or, as the case may be, the holder in due course of the cheque.
The maximum punishment that may be imposed for an offence under Section 138 of the Negotiable Instruments Act is
aimprisonment up to two years, or fine up to twice the amount of the cheque, or both
bimprisonment up to one year, or fine up to the cheque amount, or both
cimprisonment up to three years and fine equal to the cheque amount
dfine only, extending to twice the cheque amount
Answer: A
Section 138, as amended in 2002, provides imprisonment for a term which may extend to two years, or fine which may extend to twice the amount of the cheque, or both.
Under the Karnataka Rent Act, 1999, where a landlord does not accept the rent tendered by the tenant or refuses to grant a receipt, the tenant's remedy is to
astop paying rent until the landlord agrees to accept it personally
bdeposit the rent in any nationalised bank in the landlord's name
cfile a civil suit for a declaration before the District Judge
ddeposit the rent and other charges with the Controller under Section 17
Answer: D
Section 17 enables a tenant whose rent is refused, or who is denied a receipt, or who has a bona fide doubt about the person entitled, to deposit the rent and other charges with the Controller in the prescribed manner.
Under Section 16 of the Karnataka Rent Act, 1999, in the absence of a contractual stipulation, a tenant is bound to pay the rent and other charges by
athe last day of the month for which it is payable
bthe first day of the month for which it is payable
cthe fifteenth day of the month next following the month for which it is payable
dthe fifth day of the month next following the month for which it is payable
Answer: C
Section 16(1) requires the tenant, absent a contract fixing the time, to pay rent and other charges by the fifteenth day of the month next following the month for which it is payable, and to obtain a receipt.
Under Section 31 of the Karnataka Rent Act, 1999, the right to recover immediate possession of premises is conferred on a landlord who is
aa widow, a handicapped person, or a person of the age of sixty-five years or more
bonly a landlord who is a member of the armed forces
cany landlord who needs the premises for his own business
donly a landlord who is an employee of the State Government
Answer: A
Section 31 grants a special right to recover immediate possession to a landlord who is a widow, a handicapped person, or a person aged sixty-five years or more, where the premises are required for self or family use.
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