Karnataka Judiciary — Prelims 2018

Correct answer: A

Section 118(d) of the Negotiable Instruments Act, 1881 raises a presumption that every transfer of a negotiable instrument was made before its maturity.

Correct answer: A

Under Section 27(2) of the Specific Relief Act, 1963, the court may refuse rescission where the plaintiff has expressly or impliedly ratified the contract (or where third parties have acquired rights in good faith).

Correct answer: C

Illustration to Section 93 IPC: a surgeon who in good faith communicates a true but distressing opinion, causing death by shock, has committed no offence as the communication was made in good faith for the patient's benefit.

Correct answer: D

Order XXI Rule 32 CPC: a decree for restitution of conjugal rights, being a decree for specific performance not capable of being enforced by detention, is enforced by attachment of the property of the judgment debtor.

Correct answer: C

Section 5 of the Negotiable Instruments Act, 1881 defines a bill of exchange as an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money.

Correct answer: C

Section 6(3) of the Specific Relief Act, 1963 expressly provides that no appeal lies and no review is allowed from any order or decree passed in a suit under Section 6; it is neither appealable nor reviewable.

Correct answer: C

Illustration to Section 76 IPC: a soldier who fires on a mob by order of his superior officer in conformity with the commands of the law commits no offence, being bound by law to obey.

Correct answer: D

Article 310 of the Constitution provides that a member of a State civil service holds office during the pleasure of the Governor of the State (and a Union service holder during the pleasure of the President).

Correct answer: B

Section 50 of the Karnataka Rent Act, 1999 bars civil courts from entertaining any suit or proceeding relating to the fixation of standard rent or other matters the Controller is empowered to decide.

Correct answer: C

Article 64 of the Constitution makes the Vice-President of India the ex-officio Chairman of the Council of States (Rajya Sabha).

Correct answer: C

Section 446(3) CrPC empowers the court to remit any portion of the penalty mentioned in the surety bond and enforce payment in part only.

Correct answer: D

The national motto 'Satyameva Jayate' is taken from the Mundaka Upanishad.

Correct answer: C

Section 31 of the Karnataka Rent Act, 1999 confers the right to recover immediate possession on a widow (and also a handicapped person and a person aged 65 or more); members of the armed forces and government servants are dealt with under Section 29.

Correct answer: C

Section 151 of the Indian Contract Act, 1872 requires a bailee to take as much care of the goods bailed as a man of ordinary prudence would, under similar circumstances, take of his own goods.

Correct answer: B

Section 259 CrPC empowers the Magistrate to convert a summons-trial case into a warrant-trial case where the offence is punishable with imprisonment for a term exceeding six months.

Correct answer: D

NITI Aayog was established by the Government of India in 2015 to replace the Planning Commission.

Correct answer: A

Section 3(i) of the Karnataka Rent Act, 1999 defines 'premises' as a building (as defined in clause (a)) together with any land not used for agricultural purposes.

Correct answer: B

Under Section 148 of the Indian Contract Act, 1872, the bailee is the person to whom the goods are delivered (the bailor being the one who delivers them).

Correct answer: A

Section 446 CrPC permits the court, on default of payment of the penalty under the surety bond, to sentence the surety to imprisonment in civil jail for a term which may extend to six months.

Correct answer: D

Article 161 of the Constitution confers on the Governor the power to grant pardons, reprieves, respites or remissions and to suspend, remit or commute sentences for offences against State law.

Correct answer: A

Section 3(k) of the Karnataka Rent Act, 1999 provides that 'residential purpose', 'residential user' or 'purpose of residence' includes letting out for running a public institution.

Correct answer: A

Order VIII Rule 1 CPC requires the defendant to present a written statement of his defence within 30 days from the date of service of summons on him (extendable up to 90 days).

Correct answer: C

Section 315 CrPC provides that the accused shall not be called as a witness except on his own request in writing.

Correct answer: C

The Legal Services Authorities Act, 1987, though enacted in 1987, was brought into force (whole Act except Chapter III) on 9th November 1995 vide S.O. 893(E) dated 9.11.1995.

Correct answer: B

Under Order XLV Rule 1 CPC, for the purpose of appeals to the Supreme Court, the expression 'decree' includes a final order.

Correct answer: C

Section 131 of the Indian Contract Act, 1872 provides that the death of the surety operates, absent a contract to the contrary, as a revocation of a continuing guarantee as regards future transactions.

Correct answer: D

Section 468(2)(a) CrPC, 1973: for an offence punishable with fine only, the period of limitation is six months.

Correct answer: C

Article 226 empowers a High Court to issue the five writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

Correct answer: C

Order XX Rule 5 CPC requires the court to state its finding or decision, with reasons, upon each separate issue.

Correct answer: A

Under Order VIII Rule 6 CPC, set-off is allowed only where the debt is mutually due between the same parties; where A and B jointly sue C, C cannot set off a debt due to him by A alone.

Correct answer: D

Section 29(3) CrPC was amended by the CrPC (Amendment) Act, 2005 (Act 25 of 2005, w.e.f. 23.06.2006) to enhance the fine power of a Magistrate of the Second Class from Rs.1,000 to Rs.5,000.

Correct answer: A

The Karnataka Judiciary Prelims 2018 exam was held while Justice Dipak Misra served as the 45th Chief Justice of India (28 Aug 2017 to 2 Oct 2018).

Correct answer: D

Order XXXIX Rule 2A CPC provides that detention in civil prison for disobedience or breach of an injunction shall not exceed three months.

Correct answer: C

Section 56 ICA, 1872 (illustration): where A, contracted to marry B, goes mad, the contract to marry becomes void by reason of supervening impossibility.

Correct answer: C

Section 173(2) CrPC requires the officer in charge to forward the police report to a Magistrate empowered to take cognizance of the offence on a police report.

Correct answer: B

The Bengali novel 'Anandmath' (source of 'Vande Mataram') was written by Bankim Chandra Chattopadhyay.

Correct answer: C

Order XXXVIII Rule 9 CPC: attachment before judgment shall be withdrawn when the defendant furnishes the security required, together with security for the costs of the attachment, or when the suit is dismissed.

Correct answer: B

Section 2(a) of the Specific Relief Act, 1963 defines 'obligation' as including every duty enforceable by law.

Correct answer: B

Section 300(1) CrPC proviso / illustration: where a person convicted of grievous hurt and the injured later dies, he may be tried again for culpable homicide as the consequence was not known when he was tried.

Correct answer: A

Microsoft Office is an application software suite, not an operating system; Windows Vista, Unix and Ubuntu Linux are operating systems.

Correct answer: D

Order XXIII Rule 3B CPC: an agreement or compromise in a representative suit entered into without the leave of the court shall be void.

Correct answer: A

Section 143 ICA, 1872 (guarantee obtained by concealment): a guarantee which the creditor has obtained by means of keeping silence as to a material circumstance is invalid.

Correct answer: C

Section 204(2) CrPC: no summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.

Correct answer: A

URL stands for Uniform Resource Locator.

Correct answer: D

The provision (Section 143(3) NI Act, 1881; mislabelled as 148(3) in the paper) directs that an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.

Correct answer: B

Article 19(1)(a) guarantees freedom of speech and expression to all citizens of India (not foreigners).

Correct answer: C

Section 201 CrPC: where a complaint is made to a Magistrate not competent to take cognizance, if in writing he shall return it for presentation to the proper Court with an endorsement to that effect.

Correct answer: D

'We, the People' was written by the eminent jurist Nani Palkhivala.

Correct answer: B

Order XX Rule 6A CPC: the decree shall be drawn up within fifteen days from the date on which the judgment is pronounced.

Correct answer: D

Section 129 ICA, 1872: a guarantee which extends to a series of transactions is called a continuing guarantee.

Correct answer: D

As the question retains the pre-2018-amendment wording 'rape of a child', it refers to the original Section 173(1A) CrPC (inserted by Act 5 of 2009) which required investigation to be completed within three months from recording of information. (The 2018 amendment later reduced it to two months and rephrased it to the 376-series offences.)

Correct answer: C

The Saraswati Samman, instituted by the K.K. Birla Foundation in 1991, is awarded annually for an outstanding literary work in any of the 22 scheduled Indian languages.

Correct answer: D

Judgment on admissions is given under Order XII Rule 6 of the Code of Civil Procedure, 1908, empowering the court to pronounce judgment on admissions of fact made in pleadings or otherwise.

Correct answer: A

Article 21A of the Constitution mandates free and compulsory education for all children of the age of six to fourteen years.

Correct answer: A

Power to direct investigation under Section 156(3) CrPC is exercised by any Magistrate empowered under Section 190 to take cognizance.

Correct answer: D

Shakti Sthala / Pavagada Solar Park, then the world's largest solar park, was launched on 1 March 2018 in Pavagada, Tumkur district, Karnataka.

Correct answer: A

Under Order XVI Rule 1(1) CPC, parties must present the list of witnesses not later than fifteen days after the date on which issues are settled.

Correct answer: B

Section 31 of the Indian Contract Act, 1872 defines a 'contingent contract' as a contract to do or not to do something if some event collateral to the contract does or does not happen.

Correct answer: A

Under Section 77 CrPC, a warrant of arrest may be executed at any place in India.

Correct answer: D

Section 121 of the Indian Evidence Act, 1872 provides privilege/protection to Judges and Magistrates, who cannot be compelled to answer questions about their own conduct in court except by special order of a superior court.

Correct answer: D

Under Order XIV Rule 5(2) CPC, the court may at any time before passing a decree strike out any issue that appears to be wrongly framed or introduced.

Correct answer: C

Section 26 of the Indian Contract Act, 1872 declares every agreement in restraint of marriage of any person, other than a minor, void.

Correct answer: B

Section 2(x) CrPC defines a 'warrant case' as one relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Correct answer: A

Section 113A of the Indian Evidence Act, 1872 allows the presumption of abetment of suicide by a married woman where the suicide is committed within seven years of marriage.

Correct answer: D

Under Order IX Rule 3 CPC, where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.

Correct answer: D

Section 96(4) CPC bars appeal (except on a question of law) from a decree in suits cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees.

Correct answer: D

The Code of Civil Procedure, 1908 (Act V of 1908) came into force on the first day of January, 1909.

Correct answer: A

Under Section 21 of the Negotiable Instruments Act, 1881, 'at sight' means on presentation.

Correct answer: B

Under Order V Rule 9A CPC, the court may permit summons to be delivered to the plaintiff for service on the defendant.

Correct answer: B

Under Section 3 of the Transfer of Property Act, 1882, 'instrument' means a non-testamentary instrument.

Correct answer: C

The right to property ceased to be a fundamental right by the 44th Amendment (1978) and is now only a constitutional/legal right under Article 300A; the others remain fundamental rights under Articles 19 and 32.

Correct answer: B

Under Section 25 of the Transfer of Property Act, 1882, a transfer conditional on an impossible event is void; since C was already dead, the condition (marrying C) was impossible, so the transfer is void.

Correct answer: D

Under Article 76 of the Constitution, the Attorney General for India is appointed by the President of India.

Correct answer: A

Under Section 3 of the Transfer of Property Act, 1882, 'attested' means attested by two or more witnesses, each of whom has seen the executant sign or affix his mark.

Correct answer: D

Article 24 of the Constitution prohibits employment of children below the age of fourteen years in any factory, mine, or other hazardous employment.

Correct answer: B

Section 6(dd) TPA expressly bars transfer of a right to future maintenance, in whatsoever manner arising/secured. Such right cannot be transferred.

Correct answer: B

Section 96 IPC declares that nothing done in the exercise of the right of private defence is an offence.

Correct answer: C

Under Section 24 TPA, only those alive when the precedent (B's life) interest ceases take. C predeceased B, so at B's death the whole property passes to surviving D. This matches the bare-Act illustration.

Correct answer: A

Article 45 (post-86th Amendment) directs the State to provide early childhood care and education for all children until they complete the age of six years.

Correct answer: A

Section 26 TPA illustration: where consent was the object of the condition, obtaining the consent of C, D and E even after the marriage is treated as fulfilment of the condition.

Correct answer: A

Section 108 IPC illustration: A abets the offence of murder; since B acted on the instigation, A is guilty of abetting murder though death did not result.

Correct answer: B

Section 70 TPA (accession to mortgaged property): the security covers the building land and the house subsequently erected on it, so B is entitled to both the house and the plot.

Correct answer: C

Article 56(1)(a): the President may resign by writing under his hand addressed to the Vice-President.

Correct answer: A

Section 105 TPA defines a lease of immovable property only.

Correct answer: A

Section 111 IPC illustration: a probable consequence; A is guilty of abetting both the burning of the house and the theft. (Option (a) is the OCR-garbled 'building... and abetting the theft'.)

Correct answer: B

Section 116 TPA illustration: on holding over by lessee/sub-lessee who pays rent, the renewal is from month to month for a building/where rent is monthly. The bare-Act illustration of C continuing and paying renews from month to month.

Correct answer: D

Article 58(1)(b): a person must have completed the age of thirty-five years to be eligible for election as President.

Correct answer: C

A gift under Section 122 TPA may be of existing movable or immovable property; the subject matter includes both.

Correct answer: C

Section 120A IPC defines criminal conspiracy as an agreement between two or more persons; minimum is two.

Correct answer: B

Section 20 IPC/Evidence illustration: by referring B to C, A makes C's statement an admission against A (admission by referee).

Correct answer: D

Section 2(e) Contract Act: every promise and every set of promises forming the consideration for each other is an agreement.

Correct answer: A

Section 141 IPC: an unlawful assembly requires a minimum of five persons.

Correct answer: C

Section 3 Evidence Act, definition of 'fact': anything, state of things or relation of things capable of being perceived by the senses; that a man heard or saw something is a fact.

Correct answer: A

Order II Rule 2(3) illustration: by suing only for 1906 rent, A omitted part of his claim and, having not obtained leave, cannot afterwards sue for the 1905 and 1907 rent.

Correct answer: B

Section 23 Contract Act illustration: an agreement to divide gains acquired by fraud has an unlawful object and is void.

Correct answer: B

Section 58(1A) CPC: no detention order shall be made where the total decretal amount does not exceed two thousand rupees.

Correct answer: C

Section 326B IPC (inserted by Criminal Law (Amendment) Act, 2013) punishes voluntarily throwing or attempting to throw acid.

Correct answer: A

Section 27 CPC (proviso): the summons shall be served on a day not beyond thirty days from the date of institution of the suit.

Correct answer: C

Section 17 Evidence Act (as amended): an admission is a statement, oral or documentary or contained in electronic form.

Correct answer: A

Section 19 CPC illustration: for a wrong to person/movables, suit may be filed where the defendant resides (Delhi) or where the wrong was done (Calcutta), so B may sue in either Calcutta or Delhi.