Karnataka Judiciary — Prelims 2017

Correct answer: C

Under Section 6 (res gestae) of the Evidence Act, facts forming part of the same transaction are relevant though not themselves in issue, whether occurring at the same time and place or at different times and places.

Correct answer: B

The Flag Code of India prescribes the ratio of width (height) to length of the National Flag as 2:3, i.e. 2.3 as written.

Correct answer: B

Article 21A, inserted by the 86th Amendment (2002), guarantees the Right to Education to children aged 6 to 14 years.

Correct answer: D

Under Article 60, the oath of office to the President is administered by the Chief Justice of India (or, in his absence, the senior-most Supreme Court judge).

Correct answer: D

The plea of alibi is governed by Section 11 of the Evidence Act, which makes facts inconsistent with facts in issue relevant.

Correct answer: A

Section 146 of the Contract Act provides that co-sureties are liable, as between themselves, to contribute equally to the whole debt.

Correct answer: D

A promissory note must contain an unconditional promise to pay a certain sum. (a) is an alternative/uncertain sum, (b) is conditional, and (c) ('after death of A') though a sum certain at a determinable future time is acceptable; but as framed all the listed instruments are defective, so 'None of the above'.

Correct answer: D

Under Section 111 of the Transfer of Property Act, a lease determines by, among other modes, express surrender, implied surrender, and efflux (lapse) of time — all of the above.

Correct answer: C

Giving false evidence in court is the offence of perjury (giving false evidence, Sections 191/193 IPC).

Correct answer: D

Section 73 IPC caps solitary confinement at a maximum of three months; six months is the longest scaled figure for sentences exceeding one year. The provision's outer limit on the scale is 6 months (option d).

Correct answer: B

Under Section 165 of the Evidence Act, where the witness answers a question put by the Judge, the parties may cross-examine on that answer only with the permission of the court.

Correct answer: C

Fracture or dislocation of a tooth/bone, or permanent disfiguration, is grievous hurt under Section 320 IPC; breaking two teeth qualifies as grievous hurt.

Correct answer: B

Fundamental Duties (Article 51A) were added by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee.

Correct answer: D

Maintenance of the case diary by the investigating officer is mandated by Section 172 Cr.P.C. (option d, OCR-garbled but clearly s.172).

Correct answer: B

A declaratory decree binds only the parties and is a judgment in personam, not in rem.

Correct answer: C

Under the Specific Relief Act 1963, recovery of possession of specific immovable property (Sections 5-6) and of specific movable property (Sections 7-8) are both provided for, so a suit lies in respect of both.

Correct answer: A

Under Section 2(b) of the Contract Act, a proposal when accepted becomes a promise.

Correct answer: D

A mortgage by deposit of title deeds is an equitable mortgage (Section 58(f), TPA).

Correct answer: A

The rule against perpetuity is contained in Section 14 of the Transfer of Property Act, 1882.

Correct answer: A

Section 143 NI Act provides that for trial of offences under Section 138, the provisions of Sections 262 to 265 Cr.P.C. (summary trial) shall, as far as may be, apply.

Correct answer: B

A bill of exchange is defined under Section 5 of the Negotiable Instruments Act, 1881.

Correct answer: D

Order 18 Rule 18 CPC empowers the Court, at any stage of a suit, to inspect any property or thing concerning which any question may arise.

Correct answer: B

Compensatory costs for false or vexatious claims/defences are imposed under Section 35A of the CPC.

Correct answer: C

For a tort (wrong to person), the suit may be filed where the defendant resides or where the wrong was done (Section 19 CPC); so Y may sue X either in Delhi or in Bengaluru.

Correct answer: D

As enacted in 1908, the CPC extended to the whole of India except the State of Jammu and Kashmir and the State of Nagaland and the tribal areas (Section 1(3)).

Correct answer: B

Under Article 360, a Proclamation of Financial Emergency operates for two months unless approved by both Houses; the initial proclamation at first instance runs for two months before parliamentary approval is required.

Correct answer: B

An admission by a guardian ad-litem is not evidence against the minor he represents; admissions by co-defendants/partners may bind in certain circumstances, but a guardian ad-litem's admission cannot prejudice the minor's interest.

Correct answer: D

A co-defendant can be cross-examined by another co-defendant only when their interests are adverse to each other; where interests coincide there is no right of cross-examination.

Correct answer: D

Disputed handwriting may be proved by an expert (S.45 Evidence Act), by a person acquainted with the writing (S.47), and by comparison of admitted and disputed writing (S.73). All the above.

Correct answer: D

World Sparrow Day is observed annually on 20 March, an initiative of the Nature Forever Society of India.

Correct answer: A

'Do or Die' was Mahatma Gandhi's slogan given during the Quit India Movement (1942).

Correct answer: C

Flagged: answer depends on exam date in 2017. Syed Nasim Ahmad Zaidi was CEC until 5 July 2017, then A.K. Joti took over; this paper is keyed to Zaidi (c) as the CEC at the time of setting.

Correct answer: D

Article 350A directs every State to provide facilities for instruction in the mother tongue at the primary stage to children of linguistic minorities.

Correct answer: C

Section 326B IPC (option 'c', OCR-rendered '3268') punishes voluntarily throwing or attempting to throw acid; S.326A punishes actually causing grievous hurt by acid.

Correct answer: D

Section 376D IPC deals with gang rape (inserted by the Criminal Law Amendment Act, 2013).

Correct answer: B

Under Section 41B CrPC, the arrest memorandum must be attested by at least one witness who is a member of the family of the arrestee or a respectable member of the locality where the arrest is made; the option chosen is the respectable member of the locality.

Correct answer: D

Section 2(3)(g) excludes non-residential premises from the Act except where plinth area does not exceed fourteen square metres; the threshold is 14 sq.m., not 15/16/20, so None of the above.

Correct answer: B

Section 119 of the Evidence Act provides that a dumb (witness unable to speak) may give evidence by writing or signs, and such evidence is deemed oral evidence.

Correct answer: D

Article 21 protects the right to life and personal liberty.

Correct answer: C

Defamation under Section 500 IPC is non-cognizable, bailable, and triable by a Magistrate of the First Class.

Correct answer: B

Putting a person in fear and dishonestly inducing him to deliver/sign a valuable security (the signed cheque) is extortion under Section 383/384 IPC. This is the classic illustration of extortion (S.383, Illustration c).

Correct answer: A

Under Section 25 of the Contract Act, an agreement made without consideration is void (subject to stated exceptions).

Correct answer: C

Section 376 CrPC provides that no appeal lies in petty cases.

Correct answer: C

Section 53A of the Transfer of Property Act embodies the doctrine of part performance of a contract.

Correct answer: D

Locus standi is the right of a party to initiate an action and be heard before a court of law.

Correct answer: C

'A cheque in the electronic form' is defined in Explanation I(a) of Section 6 of the Negotiable Instruments Act, 1881.

Correct answer: A

Under Order XXXII Rule 2 CPC, where a suit is instituted on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file (rejected), with costs paid by the pleader.

Correct answer: B

A suit under Section 6 of the Specific Relief Act, 1963 (summary possession) must be filed within six months of dispossession.

Correct answer: A

Order VIII Rule 6 CPC provides for legal (statutory) set-off; Rule 6A provides for counter-claim. The right relating to set-off is under Order VIII Rule 6.

Correct answer: C

A decree under Section 2(2) CPC requires formal expression, conclusive determination of rights, and arising in a suit; an adjudication from which an appeal lies as an appeal from an order is expressly excluded from being a decree, hence it is NOT an essential element.

Correct answer: A

Article 359 empowers the President, during a proclamation of Emergency, to suspend enforcement of Fundamental Rights (except Arts 20 and 21). Article 359, Constitution of India.

Correct answer: C

Under Section 389(3) CrPC the convicting trial court shall release a convicted person on bail where he, being on bail, is sentenced to imprisonment for a term not exceeding three years (or where the offence is bailable).

Correct answer: B

Section 112 of the Evidence Act raises a conclusive presumption of legitimacy based on birth during a valid marriage, i.e. it determines the paternity of a child. Section 112, Indian Evidence Act 1872.

Correct answer: C

From 1 to 100, the digit 3 appears in units place 10 times (3,13,...,93) and in tens place 10 times (30-39), totalling 20.

Correct answer: C

The man is the only son of the woman's mother's mother (her grandmother), i.e. the woman's mother's brother, who is the woman's maternal uncle.

Correct answer: C

After the Criminal Law (Amendment) Act 2013, assault/criminal force to outrage a woman's modesty under Section 354 IPC is punishable with imprisonment of one to five years, i.e. maximum 5 years. Section 354 IPC.

Correct answer: B

Section 27 of the Karnataka Rent Act 1999 is titled 'Protection of tenants against eviction' and lists the grounds on which a tenant may be evicted.

Correct answer: A

Under Order 32 Rule 10 CPC, on retirement, removal or death of a next friend, further proceedings shall be stayed until appointment of a fresh next friend. Order 32 Rule 10, CPC.

Correct answer: B

The National Judicial Academy is located at Bhopal, Madhya Pradesh.

Correct answer: A

Section 4 of the Karnataka Rent Act 1999 requires the tenancy/agreement to be in writing only. Section 4, Karnataka Rent Act 1999.

Correct answer: D

Theft under Section 378 IPC requires taking movable property out of the possession of a person without that possessor's consent; consent of the owner is not the test, so option (d) is the incorrect ingredient. Section 378 IPC.

Correct answer: D

Section 468(2)(a) CrPC prescribes a limitation period of six months for an offence punishable with fine only.

Correct answer: B

Plea bargaining under Chapter XXIA CrPC does not apply where the offence is punishable with imprisonment for a term exceeding seven years (Section 265A). Section 265A CrPC.

Correct answer: D

Jawaharlal Nehru was India's first External Affairs Minister, holding the portfolio along with the Prime Ministership from 1947.

Correct answer: C

The Right to Property was deleted as a fundamental right by the 44th Amendment Act 1978 (Art 31 omitted, now only a legal right under Art 300A). The others remain fundamental rights under Arts 19/25.

Correct answer: B

Section 34 of the Specific Relief Act 1963 permits only a declaration as to legal character or as to any right to property. Section 34, Specific Relief Act 1963.

Correct answer: A

An agreement in restraint of marriage (of any person other than a minor) is void under Section 26 of the Contract Act; such an agreement is void. (Best-fit answer: void.)

Correct answer: B

A gift under Section 122 of the Transfer of Property Act is a transfer made voluntarily and without consideration; consideration is not required for a gift. Section 122 TPA.

Correct answer: A

The Transfer of Property Act deals with transfers of property by act of parties inter vivos; it does not apply to intestate succession or transfers by operation of law/court decree. Section 5 TPA.

Correct answer: B

Section 9 of the Negotiable Instruments Act 1881 defines 'holder in due course'. Section 9, NI Act 1881.

Correct answer: A

The Negotiable Instruments Act 1881 was enacted on 9 December 1881 but came into force on 1st March 1882 per its commencement clause.

Correct answer: C

'Sale' is defined in Section 54 of the Transfer of Property Act 1882. Section 54 TPA.

Correct answer: C

A precept under Section 46 CPC is an order passed by the court which passed the decree to another competent court to attach any property of the judgment-debtor. Section 46 CPC.

Correct answer: A

Where on the date fixed for hearing of a suit neither party appears, the court may dismiss the suit under Order IX Rule 3 CPC.

Correct answer: C

'Mesne profits' is defined in Section 2(12) of the Code of Civil Procedure 1908. Section 2(12) CPC.

Correct answer: D

The autobiography 'Cricket My Style' (1987) was written by Kapil Dev, the 1983 World Cup-winning captain.

Correct answer: D

The Criminal Law (Amendment) Act 2013 inserted new IPC offences including acid attack (Sec 326A/326B), voyeurism (Sec 354C) and stalking (Sec 354D); hence all the above.

Correct answer: D

Under Section 319 CrPC a court may proceed against any person (not named in FIR, named but not charge-sheeted, or even discharged) if evidence shows involvement; Hardeep Singh v. State of Punjab (2014) confirms all such persons can be added.

Correct answer: C

Presumptions under the Evidence Act are of two kinds: presumptions of fact (Sec 114) and presumptions of law (rebuttable and irrebuttable); hence both (a) and (b).

Correct answer: D

Section 62 of the Contract Act provides that on novation, rescission or alteration of a contract the original contract need not be performed; hence all the above.

Correct answer: D

Article 124(2) of the Constitution fixes the retirement age of a Supreme Court Judge (including the CJI) at 65 years.

Correct answer: C

Section 30 of the Indian Contract Act, 1872 declares agreements by way of wager to be void.

Correct answer: C

Section 154 of the Evidence Act permits the court, in its discretion, to allow a party to put questions to his own witness which might be put in cross-examination (leading questions to one's own witness).

Correct answer: A

'Equal pay for equal work' flows from Article 39(d), a Directive Principle of State Policy; it is not expressly a Fundamental Right (Randhir Singh v. Union of India read it with Arts 14/16, but the term itself is a DPSP).

Correct answer: D

Under Section 5 of the Karnataka Rent Act, 1999, on the death of the tenant the tenancy devolves for a period of ten years, which is not among options (a)-(c); hence None of the above.

Correct answer: A

Section 141 of the IPC defines 'unlawful assembly' (an assembly of five or more persons with a common object); Sec 149 deals with constructive liability.

Correct answer: B

Section 258 CrPC empowers a Magistrate to stop proceedings in a summons case instituted otherwise than upon a complaint, at any stage without pronouncing judgment.

Correct answer: D

Section 161 CrPC empowers the investigating officer to examine witnesses and record their statements during investigation.

Correct answer: C

Justice M. Hidayatullah, while Chief Justice of India, acted as President of India from 20 July to 24 August 1969 after V.V. Giri resigned.

Correct answer: A

The Preamble speaks of Justice, Liberty, Equality, Fraternity and the words Sovereign, Socialist, Secular, Democratic, Republic; 'Morality' is not mentioned.

Correct answer: B

Under Section 20 of the Specific Relief Act, 1963 (pre-2018 amendment, applicable in 2017), the jurisdiction to decree specific performance is discretionary and not to be granted merely because it is lawful.

Correct answer: A

A contract of indemnity (Sec 124, Contract Act) is a species of contingent contract, the indemnifier's liability being contingent on the happening of the loss.

Correct answer: B

Section 124 of the Transfer of Property Act provides that a gift of future property is void.

Correct answer: D

A mortgage under Section 58 TPA requires transfer of an interest in specific immovable property to secure a debt/consideration; hence all the above are essential elements.

Correct answer: B

Section 10 of the Transfer of Property Act renders a condition absolutely restraining alienation void.

Correct answer: D

A banker is justified in dishonouring a cheque when it is post-dated/beyond validity, funds are insufficient, or the signature does not tally; hence all the above.

Correct answer: B

Section 4 of the Negotiable Instruments Act, 1881 defines a promissory note as containing an unconditional undertaking to pay a certain sum of money.

Correct answer: B

In garnishee proceedings the garnishee is the debtor of the judgment-debtor, ordered to pay the decree-holder directly (Order 21 Rule 46A CPC).

Correct answer: C

Attachment before judgment under Order 38 Rule 5 CPC can be in respect of any property, both movable and immovable, of the defendant.

Correct answer: B

Section 10 of the Code of Civil Procedure embodies the doctrine of res sub judice (stay of trial of a subsequently instituted suit in respect of the same matter).