Karnataka Judiciary Mock Test 10 — Questions & Solutions
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Where an application is expected to be made or has been made in a suit, a person claiming a right to be heard may lodge a caveat under Section 148A of the Code of Civil Procedure, which remains in force for
a30 days from the date on which it was lodged
b120 days from the date on which it was lodged
c60 days from the date on which it was lodged
d90 days from the date on which it was lodged
Answer: D
Under Section 148A(5) CPC, a caveat remains in force for ninety days from the date on which it was lodged unless the application in respect of which it was lodged has already been made.
The power of the appellate court to allow the production of additional evidence in appeal is contained in
aOrder XLI Rule 33 CPC
bOrder XLVII Rule 1 CPC
cOrder XLI Rule 27 CPC
dOrder XLI Rule 23 CPC
Answer: C
Order XLI Rule 27 CPC permits the appellate court to allow additional evidence in the limited circumstances specified, including where the lower court refused to admit evidence which ought to have been admitted.
Where a decree is varied or reversed in appeal, the provision under which the court may direct restitution so as to place the parties in the position they would have occupied is
aSection 47 CPC
bSection 151 CPC
cSection 114 CPC
dSection 144 CPC
Answer: D
Section 144 CPC provides for restitution, requiring the court which passed the decree to place the parties in the position they would have occupied but for the decree that has since been varied or reversed.
The power of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies, and to exercise revisional jurisdiction, is conferred by
aSection 100 CPC
bSection 115 CPC
cSection 151 CPC
dSection 113 CPC
Answer: B
Section 115 CPC confers revisional jurisdiction on the High Court over cases decided by subordinate courts where no appeal lies, on the limited grounds of jurisdictional error.
On an application of any of the parties and after notice to the parties, the power to transfer any suit, appeal or other proceeding pending before it to any subordinate court competent to try it is vested in the District Court under
aSection 23 CPC
bSection 25 CPC
cSection 22 CPC
dSection 24 CPC
Answer: D
Section 24 CPC empowers the High Court or the District Court, on an application or suo motu, to transfer and withdraw any suit, appeal or other proceeding pending before it or a subordinate court.
Under the Code of Civil Procedure, 1908, the pecuniary and territorial jurisdiction of civil courts is determined with reference to which provisions?
aSections 96 to 100 CPC
bSections 47 to 50 CPC
cSections 26 to 35 CPC
dSections 6 to 20 CPC
Answer: D
Sections 6 (pecuniary jurisdiction), 9 (jurisdiction over civil suits) and 15 to 20 (place of suing) of the CPC together govern the jurisdiction of civil courts.
A plaint which does not disclose a cause of action shall be
areturned under Order VII Rule 10 CPC
bdismissed under Order IX Rule 8 CPC
crejected under Order VII Rule 11(a) CPC
dstayed under Section 10 CPC
Answer: C
Order VII Rule 11(a) CPC mandates rejection of a plaint where it does not disclose a cause of action; return under Rule 10 applies only where the plaint is filed in a court without jurisdiction.
The doctrine that no court shall try any suit in which the matter in issue is directly and substantially in issue in a previously decided suit between the same parties is contained in
aSection 11 CPC
bSection 10 CPC
cSection 13 CPC
dSection 12 CPC
Answer: A
Section 11 CPC embodies the doctrine of res judicata, barring re-trial of an issue already finally decided between the same parties; Section 10 deals with res sub judice (stay of suit).
An appeal from an original decree (first appeal) lies under which provision of the CPC?
aSection 96 CPC
bSection 100 CPC
cSection 104 CPC
dSection 115 CPC
Answer: A
Section 96 CPC provides for a first appeal from an original decree; Section 100 deals with second appeal, Section 104 with appeals from orders, and Section 115 with revision.
A second appeal under Section 100 CPC can be entertained by the High Court only if the case involves
aany error apparent on the record
ba question of fact wrongly decided
ca substantial question of law
da fresh appreciation of evidence
Answer: C
Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated by the court.
The power of the High Court to call for the record of a subordinate court in which no appeal lies, where such court has exercised jurisdiction not vested in it, is the power of
ainherent power under Section 151 CPC
breview under Section 114 CPC
creference under Section 113 CPC
drevision under Section 115 CPC
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts where no appeal lies.
A decree may be transferred for execution to another court under which provision of the CPC?
aSection 38 read with Section 39 CPC
bSection 60 CPC
cSection 47 CPC
dSection 51 CPC
Answer: A
Section 38 CPC provides that a decree may be executed by the court which passed it or by the court to which it is sent for execution, and Section 39 governs the transfer of a decree for execution.
All questions arising between the parties to the suit in which the decree was passed and relating to the execution, discharge or satisfaction of the decree shall be determined by
athe executing court under Section 47 CPC
bthe High Court under Section 115 CPC
cthe appellate court under Section 96 CPC
da separate suit
Answer: A
Section 47 CPC bars a separate suit and requires all questions relating to execution, discharge or satisfaction of the decree between the parties to be decided by the executing court.
An order of temporary injunction can be granted by the court under
aOrder XL Rule 1 CPC
bOrder XXXVIII Rules 1 and 2 CPC
cOrder XXVI Rule 9 CPC
dOrder XXXIX Rules 1 and 2 CPC
Answer: D
Order XXXIX Rules 1 and 2 CPC empower the court to grant temporary injunctions; Order XXXVIII deals with arrest and attachment before judgment, and Order XL with appointment of a receiver.
The court may, at any stage of the proceedings, allow either party to alter or amend his pleadings under
aOrder I Rule 10 CPC
bOrder VI Rule 17 CPC
cOrder VIII Rule 9 CPC
dOrder II Rule 2 CPC
Answer: B
Order VI Rule 17 CPC empowers the court to allow amendment of pleadings; the proviso restricts amendment after commencement of trial unless due diligence is shown.
Where a defendant claims, in respect of an ascertained sum of money legally recoverable, to set off against the plaintiff's demand, the appropriate provision is
aOrder VIII Rule 6A CPC (counter-claim)
bOrder VIII Rule 6 CPC (legal set-off)
cOrder VI Rule 16 CPC
dOrder II Rule 3 CPC
Answer: B
Order VIII Rule 6 CPC permits a legal set-off where the claim is for an ascertained sum of money legally recoverable; a counter-claim under Rule 6A is broader and need not relate to an ascertained sum.
Where a suit is dismissed for default of appearance of the plaintiff, an application to set aside such dismissal is to be filed under
aOrder IX Rule 9 CPC
bOrder IX Rule 4 CPC
cOrder IX Rule 7 CPC
dOrder IX Rule 13 CPC
Answer: A
Order IX Rule 9 CPC allows the plaintiff to apply for setting aside the dismissal of the suit for default; Order IX Rule 13 applies to setting aside an ex parte decree against a defendant.
The court may appoint a Commissioner for local investigation, examination of accounts or to make a partition under which provision?
aOrder XXIII Rule 3 CPC
bOrder XXVI CPC read with Section 75 CPC
cOrder XXI Rule 32 CPC
dOrder XL CPC
Answer: B
Section 75 read with Order XXVI CPC empowers the court to issue commissions for local investigation, examination of witnesses, examination of accounts and partition.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a search and seizure is conducted, the police officer is required to
arecord the entire process of search and seizure through audio-video electronic means
bforward the seized articles directly to the Court of Session
cconduct it only between sunrise and sunset
dobtain the prior written sanction of the District Magistrate
Answer: A
Section 105 BNSS makes audio-video recording of search and seizure mandatory, and the recording is to be forwarded without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, on completion of investigation, a copy of the police report together with the documents on which the prosecution proposes to rely shall be supplied to the accused free of cost within
aseven days from the supply of the police report to the Magistrate
bthirty days from the framing of charge
cfourteen days from the production of the accused or appearance before the Magistrate
dsixty days from the filing of the police report
Answer: C
Section 230 BNSS requires the Magistrate to supply the police report and accompanying documents to the accused free of cost within fourteen days of the accused's production or appearance, to secure a fair trial.
A person apprehending arrest on an accusation of having committed a non-bailable offence seeks pre-arrest protection. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for anticipatory bail lies before
athe officer in charge of the police station
bthe Executive Magistrate
cthe High Court or the Court of Session
dthe Judicial Magistrate of the first class only
Answer: C
Section 482 BNSS (corresponding to Section 438 of the old CrPC) empowers the High Court or the Court of Session to direct release on bail of a person apprehending arrest for a non-bailable offence.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a trial in absentia of a proclaimed offender may be commenced by the Court only after the expiry of
asixty days from the issue of the warrant of arrest
bthirty days from the date of proclamation
cninety days from the date of framing of charge
done hundred and eighty days from the registration of the FIR
Answer: C
Section 356 BNSS, which newly permits trial in absentia of a proclaimed offender, allows the Court to proceed after recording reasons once ninety days have elapsed from the framing of charge, subject to the prescribed warrant and notice formalities.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under a sentence of death, or his legal heir or relative, may file a mercy petition before the President or the Governor within a period of
afifteen days from the rejection of the review petition
bthirty days from the date the jail Superintendent informs him of the dismissal of appeal or confirmation of the death sentence
csixty days from the date of the order of the High Court
dninety days from the date of conviction by the trial court
Answer: B
Section 472(1) BNSS provides a thirty-day period, reckoned from the date the jail Superintendent informs the convict of dismissal of appeal by the Supreme Court or confirmation of the death sentence, for filing a mercy petition.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the duty to prepare and notify a Witness Protection Scheme is cast upon
athe High Court of the State concerned
bevery State Government for the State
cthe National Human Rights Commission
dthe Central Government for the whole of India
Answer: B
Section 398 BNSS, for the first time, obliges every State Government to prepare and notify a Witness Protection Scheme to ensure the protection of witnesses.
Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for monthly allowance for maintenance may be made against a person having sufficient means who neglects or refuses to maintain
ahis wife alone, parents being excluded
bany relative within the meaning of the Hindu Adoptions and Maintenance Act
conly his minor legitimate children
dhis wife, children and parents who are unable to maintain themselves
Answer: D
Section 144 BNSS (corresponding to Section 125 of the old CrPC) empowers a Magistrate to order maintenance for a wife, children and parents who are unable to maintain themselves, where the person having sufficient means neglects or refuses to maintain them.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession made during the course of investigation may be recorded by
aan officer in charge of a police station not below the rank of Inspector
bany Magistrate of the District in which the offence has been registered, and may be recorded by audio-video electronic means
cthe Superintendent of Police having jurisdiction
donly the Chief Judicial Magistrate of the district
Answer: B
Section 183 BNSS permits any Magistrate of the District where the offence is registered to record a confession or statement during investigation, and expressly allows recording by audio-video electronic means in the presence of the accused's advocate.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an undertrial prisoner who is a first-time offender (not charged with an offence punishable with death or life imprisonment) shall be released on bond by the Court once he has undergone detention for a period extending up to
athe entire maximum period of imprisonment specified for the offence
btwo-thirds of the maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
Section 479 BNSS introduces a fresh safeguard: a first-time offender is released on bond on undergoing detention of one-third of the maximum sentence (one-half for other undertrials), with the Superintendent of Jail bound to move the application; offences punishable with death or life imprisonment are excepted.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the case of an offence punishable with imprisonment of less than three years, where the person to be arrested is infirm or above sixty years of age, no arrest shall be made except with the prior permission of
athe officer in charge of the police station
bthe Superintendent of Police of the district
cthe jurisdictional Judicial Magistrate of the First Class
dan officer not below the rank of Deputy Superintendent of Police
Answer: D
Section 35(7) BNSS bars arrest of a person who is infirm or above sixty years of age, for an offence punishable with imprisonment of less than three years, without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the proviso to Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable for three years or more but less than seven years, a preliminary enquiry to ascertain whether a prima facie case exists may be conducted, with prior permission of an officer not below the rank of Deputy Superintendent of Police, within
atwenty-one days
bseven days
cfourteen days
dthirty days
Answer: C
The proviso to Section 173(3) BNSS permits a preliminary enquiry within fourteen days, with prior approval of an officer not below the rank of DSP, for cognizable offences punishable with three years or more but less than seven years.
Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides that the fifteen days of detention in police custody may be authorised by the Magistrate in whole or in parts at any time during the initial period of forty or sixty days out of the detention period of
aninety or one hundred eighty days
bforty-five or seventy-five days
csixty or ninety days
dthirty or forty-five days
Answer: C
Under Section 187 BNSS the fifteen days' police custody may be spread in parts during the first forty or sixty days, out of the total detention period of sixty days (offences up to ten years) or ninety days (offences punishable with death, life or imprisonment of ten years or more).
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for inquiry, trial or judgment in absentia of a proclaimed offender, the Court shall not commence the trial unless a period of
aninety days has lapsed from the date of framing of the charge
bone hundred eighty days has lapsed from the date of the first arrest warrant
cthirty days has lapsed from the date of issue of the proclamation
dsixty days has lapsed from the date of the proclamation
Answer: A
Section 356 BNSS, a new provision permitting trial in absentia of a proclaimed offender, requires that the Court shall not commence the trial unless ninety days have lapsed from the date of framing of the charge.
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an undertrial prisoner who is a first-time offender (never previously convicted) shall be released by the Court on bond if he has undergone detention for a period extending up to
aone-half of the maximum period of imprisonment specified for the offence
bthe full maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS provides that a first-time offender (with no prior conviction) shall be released on bond once he has undergone detention up to one-third of the maximum period of imprisonment specified for the offence, whereas the general rule under Section 479(1) is one-half.
Under the Bharatiya Nyaya Sanhita, 2023, putting a person in fear of any injury and thereby dishonestly inducing him to deliver property or valuable security constitutes the offence of
aextortion under Section 308
bcriminal breach of trust under Section 316
crobbery under Section 309
dcheating under Section 318
Answer: A
Section 308 BNS defines extortion as intentionally putting a person in fear of injury and thereby dishonestly inducing the delivery of property or valuable security.
Under the Bharatiya Nyaya Sanhita, 2023, a robbery is treated as 'dacoity' when the number of persons conjointly committing or attempting to commit it is
afour or more
bten or more
cthree or more
dfive or more
Answer: D
Section 310 BNS provides that when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity.
Under the Bharatiya Nyaya Sanhita, 2023, an act done by accident or misfortune, without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner with proper care and caution, is
aa general exception under Section 18
ba general exception under Section 80
can offence punishable as causing death by negligence
dvoidable at the option of the victim
Answer: A
Section 18 BNS, among the General Exceptions, provides that nothing done by accident or misfortune, without criminal intent or knowledge, while doing a lawful act lawfully and with proper care, is an offence.
Under the Bharatiya Nyaya Sanhita, 2023, the general definition clause stating who is said to abet the doing of a thing is
aSection 108
bSection 107
cSection 45
dSection 46
Answer: C
Section 45 BNS ('Abetment of a thing') provides that a person abets the doing of a thing by instigation, by engaging in conspiracy, or by intentionally aiding the act or omission.
Under the Bharatiya Nyaya Sanhita, 2023, causing death of any person by doing a rash or negligent act not amounting to culpable homicide is punishable, for the general offence, with imprisonment which may extend to
aten years
bseven years
cfive years
dtwo years
Answer: C
Section 106(1) BNS punishes causing death by a rash or negligent act not amounting to culpable homicide with imprisonment up to five years and fine (with a reduced maximum of two years for a registered medical practitioner acting in the course of a medical procedure).
Under the Bharatiya Nyaya Sanhita, 2023, deceiving a person and thereby fraudulently or dishonestly inducing him to deliver property amounts to the offence of cheating, defined under
aSection 316
bSection 318
cSection 415
dSection 420
Answer: B
Section 318 BNS defines cheating; Section 316 deals with criminal breach of trust. The deception inducing delivery of property or causing harm in body, mind, reputation or property is the gist of cheating under Section 318.
Under the Bharatiya Nyaya Sanhita, 2023, an attempt to commit suicide with the intent to compel or restrain a public servant from exercising his lawful power is made an offence under
aSection 309
bSection 224
cSection 226
dno longer an offence
Answer: C
Section 226 BNS specifically penalises an attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty, even though general attempt to suicide is otherwise decriminalised.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "snatching" (Section 304) is punishable with imprisonment of either description for a term which may extend to
athree years, and also fine
btwo years, and fine
cfive years, and fine
done year, and fine
Answer: A
Section 304(2) BNS provides that whoever commits snatching shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Snatching is a newly introduced offence with no IPC equivalent.
Under Section 112 of the Bharatiya Nyaya Sanhita, 2023, the offence of "petty organised crime" is punishable with imprisonment for a term which shall not be less than
atwo years but which may extend to ten years, and fine
bthree years but which may extend to five years, and fine
csix months but which may extend to three years, and fine
done year but which may extend to seven years, and also fine
Answer: D
Section 112(2) BNS prescribes for petty organised crime imprisonment of either description for a term which shall not be less than one year but which may extend to seven years, and also a fine. This provision newly targets gang-based theft, pickpocketing, card skimming and similar acts.
Under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, where a person causes death by rash and negligent driving of a vehicle not amounting to culpable homicide and escapes without reporting it to a police officer or a Magistrate soon after the incident, the punishment may extend to
aseven years and fine
bimprisonment for life
cfive years and fine
dten years and fine
Answer: D
Section 106(2) BNS provides that whoever causes death by rash and negligent driving and escapes without reporting it soon after the incident shall be punished with imprisonment of either description which may extend to ten years, and fine; this is harsher than the up-to-five-year term under Section 106(1).
Under Section 69 of the Bharatiya Nyaya Sanhita, 2023, a man who, by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her (not amounting to rape), is punishable with imprisonment which may extend to
athree years and fine
bten years and fine
cfive years and fine
dseven years and fine
Answer: B
Section 69 BNS punishes sexual intercourse obtained by deceitful means (including a false promise of marriage made without intention to fulfil it), not amounting to rape, with imprisonment of either description up to ten years and fine. The Explanation clarifies "deceitful means" includes false promise of employment, promotion or marrying by suppressing identity.
Control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons holding any post inferior to that of a district judge, is vested in the High Court under
aArticle 236
bArticle 235
cArticle 234
dArticle 233
Answer: B
Article 235 vests complete administrative and disciplinary control over the subordinate judiciary, including postings, promotions and leave of officers below the rank of district judge, in the High Court.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge only if he has been an advocate or pleader for not less than
aseven years
bthree years
cten years
dfive years
Answer: A
Under Article 233(2), a person not in Union or State service is eligible for appointment as a district judge only if he has been an advocate or pleader for not less than seven years and is recommended by the High Court.
Appointment of persons as district judges in a State is made by the Governor of the State
awith the prior approval of the President of India
bin consultation with the High Court exercising jurisdiction in relation to that State
con the recommendation of the State Public Service Commission
din consultation with the Supreme Court of India
Answer: B
Under Article 233(1), appointments, postings and promotions of district judges in a State are made by the Governor in consultation with the High Court exercising jurisdiction in that State.
The expression 'judicial service' for the purposes of recruitment of and control over the subordinate judiciary is defined in
aArticle 235
bArticle 233
cArticle 236
dArticle 234
Answer: C
Article 236 is the definitional clause that defines 'district judge' and 'judicial service' for the purposes of Articles 233 to 235 dealing with the subordinate courts.
The power of a High Court to issue writs under Article 226 is wider than that of the Supreme Court under Article 32 because Article 226 permits issuance of writs
afor enforcement of fundamental rights and also for any other purpose
bonly where no alternative remedy exists
conly against the State and its instrumentalities
donly for enforcement of fundamental rights
Answer: A
Article 226 empowers a High Court to issue writs for enforcement of fundamental rights and 'for any other purpose', words absent in Article 32, making its jurisdiction wider than that of the Supreme Court.
To be qualified for appointment as a Judge of the Supreme Court, a person who has been an advocate must have been an advocate of a High Court (or of two or more such Courts in succession) for at least
afive years
bten years
ctwelve years
dseven years
Answer: B
Under Article 124(3), an advocate is qualified for appointment as a Supreme Court Judge if he has been an advocate of a High Court (or of two or more such Courts in succession) for at least ten years.
The doctrine that the amending power under Article 368 does not extend to altering the basic structure of the Constitution was laid down in
aMinerva Mills v. Union of India
bKesavananda Bharati v. State of Kerala
cGolak Nath v. State of Punjab
dA.K. Gopalan v. State of Madras
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by a 7-6 majority that Parliament's power under Article 368 does not extend to abrogating the basic structure of the Constitution.
The provision that every High Court shall be a court of record having the power to punish for contempt of itself is found in
aArticle 214
bArticle 215
cArticle 226
dArticle 227
Answer: B
Article 215 declares every High Court to be a court of record with all the powers of such a court, including the power to punish for contempt of itself.
The recruitment of persons other than district judges to the judicial service of a State is made in accordance with rules framed by the Governor after consultation with
athe State Public Service Commission and the High Court
bthe Chief Minister and the Advocate-General
cthe High Court and the Supreme Court
dthe State Public Service Commission alone
Answer: A
Under Article 234, recruitment of persons other than district judges to the judicial service is made by the Governor in accordance with rules framed after consultation with the State Public Service Commission and the High Court.
Under Article 169 of the Constitution, Parliament may by law abolish or create a Legislative Council in a State only if the Legislative Assembly of the State first passes a resolution to that effect by
aa majority of not less than three-fourths of the members present and voting
ba majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting
ca two-thirds majority of the total membership of the Assembly
da simple majority of the members present and voting
Answer: B
Article 169(1) requires the State Legislative Assembly to pass the resolution by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting before Parliament may abolish or create a Legislative Council.
Certified copies, copies made from the original by mechanical processes, and oral accounts of the contents of a document by a person who has seen it, fall under the description of
asecondary evidence under Section 58 of the BSA, 2023
badmission under Section 15 of the BSA, 2023
cjudicial notice under Section 52 of the BSA, 2023
dprimary evidence under Section 57 of the BSA, 2023
Answer: A
Section 58 of the BSA, 2023 (formerly Section 63 of the Indian Evidence Act) enumerates the kinds of secondary evidence, including certified copies and oral accounts of contents by one who has seen the document.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of electronic records, subject to the conditions including the accompanying certificate, is provided in
aSection 61
bSection 39
cSection 63
dSection 65B
Answer: C
Section 63 of the BSA, 2023 (corresponding to Section 65B of the Indian Evidence Act) governs admissibility of electronic records subject to the prescribed conditions and certificate.
Where a document is required by law to be attested, it shall not be used as evidence until at least one attesting witness has been called to prove its execution, if such witness is alive and capable of giving evidence. This requirement is contained in
aSection 67 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 124 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 39 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 57 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
Section 67 of the BSA, 2023 (formerly Section 68 of the Indian Evidence Act) requires at least one attesting witness to be called to prove execution of a document required by law to be attested.
Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses shall in any case be required for the proof of any fact. This rule is found in
aSection 124
bSection 134
cSection 139
dSection 138
Answer: C
Section 139 of the BSA, 2023 (formerly Section 134 of the Indian Evidence Act) provides that no particular number of witnesses is required to prove any fact.
A leading question, that is, a question suggesting the answer which the person putting it wishes or expects to receive, is dealt with under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 146
bSection 141
cSection 124
dSection 143
Answer: A
Leading questions are dealt with in Section 146 of the BSA, 2023, which corresponds to Section 141 of the old Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. This rule is contained in
aSection 109
bSection 101
cSection 119
dSection 104
Answer: D
Section 104 of the BSA, 2023 (formerly Section 101 of the Indian Evidence Act) lays down the general rule that the burden of proof lies on the person who would fail if no evidence were given on either side.
When in a proceeding the Court has to form an opinion on any matter relating to information transmitted or stored in any computer resource or other electronic or digital form, whose opinion does Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023 expressly make a relevant fact?
aThe Central Forensic Science Laboratory only
bAny person who has used the computer resource
cThe Examiner of Electronic Evidence referred to in Section 79A of the Information Technology Act, 2000
dThe investigating officer who seized the device
Answer: C
Section 39(2) BSA newly provides that the opinion of the Examiner of Electronic Evidence under Section 79A of the IT Act, 2000 is a relevant fact, and such Examiner is deemed an expert.
Under the rule excluding oral evidence by documentary evidence (Section 94 of the Bharatiya Sakshya Adhiniyam, 2023), Exception 2 provides that wills admitted to probate in India may be proved by:
aThe original will alone
bThe probate
cThe oral testimony of the attesting witnesses
dA registered copy obtained from the Sub-Registrar
Answer: B
Exception 2 to Section 94 BSA states that wills admitted to probate in India may be proved by the probate, dispensing with proof of the original will itself.
Where a person accused of an offence claims that his case falls within a General Exception in the Bharatiya Nyaya Sanhita, 2023, Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 provides that:
aThe Court shall presume the existence of the exception in favour of the accused
bThe burden remains on the prosecution throughout, the exception being a mere defence
cThe burden of proving the existence of such circumstances is upon the accused, and the Court shall presume their absence
dThe prosecution must prove the absence of the exception beyond reasonable doubt
Answer: C
Section 108 BSA places the burden of proving circumstances bringing the case within a General Exception (or other exception/proviso) of the BNS upon the accused, and the Court shall presume their absence.
Jog Falls, one of the famous waterfalls of Karnataka, is formed by which river as it splits into four cascades named Raja, Rani, Roarer and Rocket?
aTungabhadra
bKaveri
cSharavati
dKali
Answer: C
Jog Falls is created by the Sharavati River in the Western Ghats of Karnataka, where it plunges in four distinct cascades known as Raja, Rani, Roarer and Rocket.
The Indian Roller, locally called Neelakantha, is the designated State Bird of Karnataka; the elephant and sandalwood are the State Animal and State Tree respectively.
Sale of tangible immovable property of a value of less than one hundred rupees may be made
aeither by a registered instrument or by delivery of the property
bonly by an unregistered written agreement
conly by a registered instrument
donly by delivery of the property
Answer: A
Under Section 54, where tangible immovable property is of a value less than Rs. 100, the sale may be effected either by a registered instrument or by delivery of the property; for value of Rs. 100 and above, registration is compulsory.
Where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain possession until payment and to appropriate the rents and profits in lieu of interest or in payment of the mortgage money, the transaction is
aa simple mortgage
ba mortgage by conditional sale
can English mortgage
da usufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage as one where possession is delivered and the mortgagee appropriates the rents and profits in lieu of interest or towards the mortgage money.
In the absence of a contract or local usage to the contrary, a lease of immovable property for purposes other than agricultural or manufacturing purposes is deemed to be a lease
afor a fixed term of one year
bat will, terminable without any notice
cfrom year to year, terminable by six months' notice
dfrom month to month, terminable by fifteen days' notice
Answer: D
Section 106 deems a lease for any purpose other than agricultural or manufacturing to be a lease from month to month terminable by fifteen days' notice, whereas an agricultural or manufacturing lease is from year to year terminable by six months' notice.
A gift of immovable property under the Transfer of Property Act must be effected by
aan unregistered instrument attested by one witness
bdelivery of possession alone
ca registered instrument signed by or on behalf of the donor and attested by at least two witnesses
dan oral declaration before two witnesses
Answer: C
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery of possession is not the mode of transfer for immovable property.
Under the rule against perpetuity in Section 14, the vesting of an interest in favour of the ultimate beneficiary may at most be postponed up to
aa fixed period of twenty-one years from the date of transfer
bthe lifetime of the transferor only
can unlimited period if the deed so provides
dthe life or lives of persons living at the date of transfer plus the period of minority of the ultimate beneficiary
Answer: D
Section 14 permits postponement of vesting only up to the lifetime of one or more living persons at the date of the transfer plus the minority of the ultimate beneficiary (taken as eighteen years); any longer postponement makes the transfer void.
Under Section 51 of the Transfer of Property Act, 1882, when a bona fide transferee who has made improvements believing in good faith that he is absolutely entitled is subsequently evicted by a person having a better title, the amount to be paid or secured to him in respect of such improvement shall be the estimated value thereof at the time of
athe making of the improvement
bthe eviction
cthe original transfer to him
dthe institution of the suit
Answer: B
Section 51 expressly provides that the amount to be paid or secured in respect of such improvement shall be its estimated value at the time of the eviction, not when the improvement was made. The evicting party may instead require the transferee to buy the property at its then market value, irrespective of the value of the improvement.
Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and later acquires an interest in that property, Section 43 of the Transfer of Property Act, 1882 allows the transfer to operate on that subsequently acquired interest. However, the section does NOT impair the right of
atransferees in good faith for consideration without notice of the existence of the said option
bthe original true owner to recover the property in all circumstances
ca gratuitous transferee who took without consideration
dthe transferor to rescind the transfer once he acquires title
Answer: A
The proviso to Section 43 protects subsequent transferees in good faith for consideration without notice of the prior transferee's option; the doctrine of feeding the grant by estoppel applies only where the transfer was for consideration and rests on a fraudulent or erroneous representation of authority.
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of some event which the promisor could not prevent, becomes
avoidable at the option of the promisee
bmerely suspended until performance is again possible
cenforceable with payment of damages by the promisor
dvoid when the act becomes impossible or unlawful
Answer: D
Section 56 of the Indian Contract Act, 1872 (doctrine of frustration) provides that a contract to do an act which, after the contract is made, becomes impossible or unlawful by an event the promisor could not prevent, becomes void when the act becomes impossible or unlawful.
When an agreement is discovered to be void, or when a contract becomes void, a person who has received any advantage under it
ais bound to restore it, or to make compensation for it, to the person from whom he received it
bis liable to pay double the value of the advantage as penalty
cis liable only if the agreement was void for fraud
dis entitled to retain the advantage as the agreement is void
Answer: A
Section 65 of the Indian Contract Act, 1872, embodies the principle of restitution: a person who has received any advantage under an agreement discovered to be void, or a contract that becomes void, must restore it or make compensation to the person from whom he received it.
The liability of the surety under a contract of guarantee is
aco-extensive with that of the principal debtor, unless otherwise provided by the contract
balways limited to one-half of the principal debt
cto arise only on the death of the principal debtor
dto arise only after the creditor has exhausted remedies against the principal debtor
Answer: A
Section 128 of the Indian Contract Act, 1872, provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.
A continuing guarantee may at any time be revoked by the surety, as to future transactions,
ait can never be revoked once given
bonly by an order of the court
cby notice to the creditor
donly with the consent of the principal debtor
Answer: C
Under Section 130 of the Indian Contract Act, 1872, a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor.
An agent who enters into a contract on behalf of his principal
ais never personally liable under any circumstances
bis personally liable only if the principal is a minor
ccan in all cases personally enforce and is personally bound by such contract
dcannot, in the absence of a contract to that effect, personally enforce or be bound by contracts made on behalf of the principal
Answer: D
Section 230 of the Indian Contract Act, 1872, lays down that, in the absence of a contract to that effect, an agent cannot personally enforce, nor is he personally bound by, contracts entered into on behalf of his principal.
The bailment of goods as security for payment of a debt or performance of a promise is called
aa lien
ba hypothecation
can assignment
da pledge
Answer: D
Section 172 of the Indian Contract Act, 1872, defines a 'pledge' as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee the 'pawnee'.
A person who finds goods belonging to another and takes them into his custody
ais subject to the same responsibility as a bailee
bbecomes the absolute owner of the goods immediately
cmust hand the goods only to a Magistrate
dowes no duty whatsoever towards the true owner
Answer: A
Section 71 of the Indian Contract Act, 1872, provides that a finder of goods who takes them into his custody is subject to the same responsibility as a bailee.
Where an instrument ordered to be cancelled under Section 31 of the Specific Relief Act, 1963 has been registered under the Indian Registration Act, 1908, the court
ashall send a copy of its decree to the officer in whose office the instrument was registered, who shall note the cancellation
bshall direct the parties to apply afresh for de-registration
cshall itself strike out the entry in the register
dhas no power to disturb the registered instrument
Answer: A
Section 31(2) requires the court to send a copy of its decree to the registering officer, who shall note on the copy of the instrument the fact of its cancellation.
Section 14A of the Specific Relief Act, 1963, inserted by the 2018 amendment, empowers the court in a suit under the Act to
aappoint an arbitrator to decide the dispute
bengage one or more experts to assist it on any specific issue involved in the suit
cdirect the parties to compulsorily mediate before trial
dtransfer the suit to a commercial court
Answer: B
Section 14A, inserted in 2018, allows the court to engage one or more experts to obtain their opinion to assist it on any specific issue involved in the suit.
Under Section 20C of the Specific Relief Act, 1963 (inserted by the 2018 Amendment), a suit filed under the provisions of the Act shall be disposed of by the court within a period of
aone year from the date of institution of the suit, with no provision for extension
btwelve months from the date of service of summons on the defendant, extendable by a further period not exceeding six months in the aggregate
ctwo years from the date of service of summons, extendable by a further period not exceeding one year
dsix months from the date of service of summons, extendable by a further period not exceeding three months
Answer: B
Section 20C, inserted by the Specific Relief (Amendment) Act, 2018, mandates disposal within twelve months from the date of service of summons on the defendant, extendable by a maximum of six months in the aggregate after recording reasons in writing.
Section 14A of the Specific Relief Act, 1963, inserted by the 2018 Amendment, empowers the court to
adirect the defaulting party to deposit security before contesting the suit
bappoint a receiver to manage an infrastructure project pending the suit
cengage one or more experts to assist it on any specific issue involved in the suit
drefer the dispute to arbitration without the consent of the parties
Answer: C
Section 14A enables the court, where it considers necessary, to engage one or more experts to obtain opinion on any specific issue; the expert's opinion forms part of the record and the parties may examine the expert in open court.
Under Section 20B of the Specific Relief Act, 1963, Special Courts to try suits in respect of contracts relating to infrastructure projects are designated by the State Government
awith the prior approval of the Central Government
bin consultation with the State Bar Council
con the recommendation of the District Judge concerned
dby notification, in consultation with the Chief Justice of the High Court
Answer: D
Section 20B provides that the State Government, in consultation with the Chief Justice of the High Court, shall designate one or more Civil Courts as Special Courts to try suits relating to contracts for infrastructure projects.
Section 20A of the Specific Relief Act, 1963 bars a court from granting an injunction in any suit where the contract relates to an infrastructure project specified in the Schedule, if granting the injunction would
aexceed the pecuniary jurisdiction of the court
bcause impediment or delay in the progress or completion of such infrastructure project
caffect the rights of third parties not joined in the suit
dcause loss of revenue to the State Government
Answer: B
Section 20A prohibits the grant of an injunction in suits involving contracts relating to Schedule infrastructure projects where such injunction would cause impediment or delay in the progress or completion of the project.
While trying an offence under Section 138 summarily, the Magistrate under Section 143 may pass a sentence of imprisonment for a term not exceeding
asix months
bthree months
ctwo years
done year
Answer: D
The first proviso to Section 143(1) permits a sentence of imprisonment not exceeding one year and fine exceeding five thousand rupees in a summary trial; for a heavier sentence the Magistrate must convert the trial.
Under Section 143A of the Negotiable Instruments Act, the court trying a Section 138 complaint may direct the drawer to pay interim compensation not exceeding
atwenty-five per cent of the cheque amount
bten per cent of the cheque amount
cfifteen per cent of the cheque amount
dtwenty per cent of the cheque amount
Answer: D
Section 143A (inserted in 2018) allows the court to order interim compensation not exceeding twenty per cent of the amount of the cheque, payable within sixty days of the order.
In an appeal by the drawer against conviction under Section 138, the appellate court under Section 148 may order deposit of a sum which shall be a minimum of
atwenty per cent of the fine or compensation awarded
bten per cent of the fine or compensation awarded
cfifty per cent of the cheque amount
dthe entire cheque amount
Answer: A
Section 148 empowers the appellate court to direct the appellant-drawer to deposit a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation under Section 143A.
A material alteration of a negotiable instrument, made without the consent of a party thereto, under Section 87 renders the instrument
avoid as against any one who was a party at the time of alteration and did not consent
benforceable only for the original amount
cvoidable at the option of that party
dvalid if the alteration was made in good faith
Answer: A
Section 87 provides that a material alteration renders the instrument void as against anyone who was a party at the time of the alteration and did not consent, unless made to carry out the common intention of the original parties.
Under Section 32(2) of the Karnataka Rent Act, 1999, after the commencement of the Act a tenant may sub-let the whole or any part of the premises
aonly if the sub-tenant is a member of the tenant's family
bonly with the prior sanction of the Controller
cwithout any restriction, as sub-letting is freely permitted
donly with the previous consent in writing of the landlord
Answer: D
Section 32(2) bars a tenant, after the commencement of the Act, from sub-letting the premises or transferring/assigning his tenancy rights without the previous consent in writing of the landlord.
Under Section 50 of the Karnataka Rent Act, 1999, the jurisdiction of Civil Courts is barred in respect of matters which the Controller is empowered to decide; however, a Civil Court is NOT barred from
afixing the standard rent of premises to which the Act applies
bdeciding any question of title to the premises or as to the persons entitled to receive the rent
cgranting an injunction restraining the Controller from acting under the Act
dentertaining any application for deposit of rent under the Act
Answer: B
Section 50(2) preserves the Civil Court's jurisdiction to decide any question of title to the premises or as to the persons entitled to receive the rent, while Section 50(1) otherwise bars suits on matters the Controller may decide.
Under Section 5 of the Karnataka Rent Act, 1999, on the death of a tenant the right of tenancy devolves on the eligible successors. For what period does such tenancy devolve, and who ranks first in the order of succession?
aFor five years from the date of death, the parents ranking first
bFor three years from the date of death, the daughter-in-law ranking first
cFor ten years from the date of death, the spouse ranking first
dFor the lifetime of the successor, the son or daughter ranking first
Answer: C
Section 5(1) provides that on a tenant's death the right of tenancy devolves for a period of ten years in the order: spouse; son or daughter; parents; and daughter-in-law (widow of a pre-deceased son), subject to the successor having lived/carried on business in the premises as a dependent family member.
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