Karnataka Judiciary — Prelims 2021

Correct answer: B

The Preamble's correct sequence of descriptors is Sovereign, Socialist, Secular, Democratic, Republic (the 42nd Amendment, 1976, inserted 'Socialist' and 'Secular' in this order).

Correct answer: D

Per the First Schedule of CrPC, IPC Sec.304A (death by rash/negligent act) is cognizable and bailable, triable by Magistrate First Class.

Correct answer: B

Order XXI Rule 72 CPC bars the decree-holder from bidding for or purchasing the property in a court-auction sale without express permission of the court.

Correct answer: B

Sec.340 IPC defines 'wrongful confinement', not 'wrongful restraint' (which is Sec.339). Hence Sec.340-Wrongful restraint is the incorrect combination.

Correct answer: C

The maxim 'once a mortgage, always a mortgage' embodies the right of redemption (Sec.60 TPA): a mortgage is always redeemable and any clog on the equity of redemption is void.

Correct answer: B

'Ab initio' is Latin for 'from the beginning'.

Correct answer: D

Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 (Constitution Bench) held FIR registration mandatory under Sec.154 CrPC when information discloses a cognizable offence.

Correct answer: A

Order 23 Rule 1(3) CPC allows the court to permit withdrawal of a suit with liberty to file a fresh suit on the same subject matter.

Correct answer: B

Under Order 7 Rule 11(c) CPC, where requisite court-fee is not supplied despite the court's order, the plaint shall be rejected.

Correct answer: C

In 2021 the Vice-President M. Venkaiah Naidu was the ex-officio Chairperson of the Rajya Sabha (Art.89(1)).

Correct answer: B

After the J&K reorganisation (Aug 2019) and merger of Dadra & Nagar Haveli with Daman & Diu (Jan 2020), India has 28 States and 8 Union Territories.

Correct answer: B

'To the Best of My Memory' is the autobiography of Justice P.B. Gajendragadkar, former Chief Justice of India.

Correct answer: D

'Died intestate' means a person died without making a will (Sec.2(h) Indian Succession Act, 1925).

Correct answer: C

Kesavananda Bharati v. State of Kerala (1973) was heard by the largest-ever bench of the Supreme Court, comprising 13 judges.

Correct answer: B

Under Sec.321 CrPC, if withdrawal from prosecution is made after the charge is framed, the accused shall be acquitted (before charge, he is discharged).

Correct answer: B

Sec.437(2) CrPC empowers an officer/court to release an accused arrested for a non-bailable offence on bail where there are not reasonable grounds to believe he is guilty of such offence.

Correct answer: D

Sec.358 CrPC deals with compensation to persons groundlessly arrested, not victim compensation (which is Sec.357A). Hence Sec.358-Victim compensation is incorrect.

Correct answer: D

Part performance under the TPA is governed by Sec.53A, not 'Sec.52A'. Hence Sec.52A-Part Performance is the incorrect combination.

Correct answer: D

Sec.360 CrPC provides for release of a convicted offender on probation of good conduct or after admonition.

Correct answer: B

Order 1 Rule 8 CPC permits one or more persons to sue or be sued on behalf of all having the same interest, i.e. representative suits.

Correct answer: B

Order VI Rule 18 CPC: where no time is fixed by the order, the amendment must be carried out within fourteen days from the date of the order.

Correct answer: A

Goa is the smallest State of India by area (about 3,702 sq km), smaller than Sikkim and Tripura.

Correct answer: A

Section 14 of the Transfer of Property Act, 1882 embodies the rule against perpetuity (no transfer to create an interest beyond life-in-being plus minority).

Correct answer: C

The Right to Property was deleted as a Fundamental Right (former Art.31/19(1)(f)) by the 44th Amendment, 1978, and retained as a constitutional/legal right under Art.300A.

Correct answer: A

Order XLI Rule 5(1) CPC empowers the court which passed the decree to stay execution of an appealable decree for sufficient cause.

Correct answer: B

Placing armed men at the outlets so Z cannot leave the building confines Z within circumscribing limits; this is wrongful confinement under Sec.340 IPC (this is in fact the statutory illustration to Sec.340).

Correct answer: B

Under Sec.2 of the Karnataka Rent Act, 1999 the Act does not apply to premises in a Municipal Corporation area whose monthly rent exceeds Rs.3,500. Mangalore is a Municipal Corporation area and the rent is Rs.4,000, so the Act is excluded and eviction is governed by the Transfer of Property Act, 1882.

Correct answer: B

Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.

Correct answer: C

Where a suit is dismissed under Order IX Rule 2 (or Rule 3/8) for non-appearance, the plaintiff's remedy to set aside the dismissal in the same court is an application under Order IX Rule 9 CPC.

Correct answer: B

Virat Kohli is the only player to have represented a single franchise (Royal Challengers Bengaluru) in all 14 IPL editions. Dhoni did not (CSK was suspended 2016-17, he played for Rising Pune Supergiant) and Rohit Sharma began with Deccan Chargers before Mumbai Indians.

Correct answer: C

Under Article 159, the oath of office to a Governor is administered by the Chief Justice of the High Court exercising jurisdiction in relation to that State (or, in his absence, the senior-most Judge of that Court).

Correct answer: C

Under Sec.5 of the Karnataka Rent Act, 1999, on the death of a tenant the right of tenancy devolves on his qualifying successors for a period of five years from the date of death.

Correct answer: A

Sec.413 IPC (habitually dealing in stolen property) is punishable with imprisonment for life; under the First Schedule of the CrPC such an offence is triable by the Court of Session.

Correct answer: A

This is the statutory illustration to Sec.17 of the Indian Contract Act: mere silence as to the unsoundness of a horse sold by auction is no fraud, the buyer being expected to use ordinary diligence (caveat emptor); A committed no fraud.

Correct answer: A

Section 58 of the Indian Evidence Act, 1872 provides that facts admitted by parties or their agents need not be proved.

Correct answer: A

Under Sec.116 of the Transfer of Property Act, a lessee continuing in possession after determination of the lease with the lessor's assent (express or implied) is a tenant by holding over; possession without consent would be tenancy at sufferance.

Correct answer: C

Shayara Bano v. Union of India (2017) is the landmark Supreme Court decision that struck down the practice of instantaneous triple talaq (talaq-e-biddat).

Correct answer: A

Section 45 of the Karnataka Rent Act, 1999 bars a tenant from contesting an eviction application under Sec.27 unless he pays/deposits all arrears of rent and other charges and continues to deposit accruing rent during the proceedings.

Correct answer: D

Article 50 deals with separation of the judiciary from the executive, not promotion of international peace and security (which is Article 51); hence the combination in option (d) is incorrect.

Correct answer: C

Rejection of a plaint (Order 7 Rule 11) and an order under Sec.144 (restitution) are expressly deemed decrees under Sec.2(2) CPC, whereas dismissal of a suit for default is excluded from the definition of decree; so option (c) does not amount to a decree.

Correct answer: D

Sec.428 CrPC sets off detention undergone by the convict during the investigation, inquiry or trial of the same case against the sentence; hence 'All the above'.

Correct answer: D

Vineeta Sharma v. Rakesh Sharma (2020) held that a daughter is a coparcener by birth in HUF property under the amended Sec.6 of the Hindu Succession Act, irrespective of whether the father was alive on 9-9-2005.

Correct answer: C

Section 58 of the Indian Contract Act provides that in an alternative promise, one branch legal and the other illegal, only the legal branch can be enforced.

Correct answer: C

A witness who knowingly makes a false statement on oath in court commits perjury (giving false evidence, Sec.191-193 IPC).

Correct answer: A

Sec.41D CrPC entitles an arrested person to meet an advocate of his choice during interrogation, though not throughout interrogation; the statement is therefore True.

Correct answer: A

Sec.320(9) CrPC provides that no offence shall be compounded except as provided by that section; offences not listed in Sec.320 cannot be compounded.

Correct answer: D

'Evidence before charge' under Sec.244 CrPC is recorded in warrant cases instituted otherwise than on a police report (private complaint), where the Magistrate takes prosecution evidence before deciding to frame a charge.

Correct answer: A

Criminal intimidation under Sec.506 IPC is listed in the table to Sec.320(1) CrPC as compoundable by the person intimidated, without leave of the court.

Correct answer: C

Section 29 of the Indian Contract Act, 1872 provides that agreements the meaning of which is not certain, or capable of being made certain, are void.

Correct answer: D

Under the Negotiable Instruments Act, 1881 the maker, acceptor or indorser is discharged from liability by cancellation (Sec.82), by release, and by payment; hence all of the above.

Correct answer: A

Article 368 of the Constitution of India prescribes the power and procedure for amendment of the Constitution.

Correct answer: C

Under the proviso to Section 165 of the Indian Evidence Act, 1872, neither party is entitled to cross-examine a witness on answers given to questions put by the Judge except with the leave of the Court.

Correct answer: C

Article 16 (equality of opportunity in public employment) was amended (clauses 4A and 4B inserted by the 77th and 81st Amendments) to provide reservation in promotions.

Correct answer: D

National Legal Services Day is observed on 9th November every year, marking the enforcement of the Legal Services Authorities Act, 1987 on that date in 1995.

Correct answer: C

Under Section 106 of the Transfer of Property Act, 1882, a lease for manufacturing purposes is deemed a lease from year to year, terminable by six months' notice.

Correct answer: C

Order XXXIX Rule 3A CPC requires the Court to endeavour to finally dispose of an ex parte injunction application within thirty days from the date of grant.

Correct answer: D

Inducing delivery of money by threat of publishing a defamatory libel is the textbook illustration of extortion under Section 383 IPC.

Correct answer: B

Order 14 Rule 2 CPC permits the Court to try an issue of law as a preliminary issue (jurisdiction or bar by law).

Correct answer: A

ICMR stands for the Indian Council of Medical Research, the apex body for biomedical research in India.

Correct answer: D

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

Correct answer: A

Justice Uday U. Lalit was elevated directly from the Bar to the Supreme Court (sworn in 13 Aug 2014) without ever serving as a High Court judge.

Correct answer: A

Under Section 142 of the Indian Contract Act, 1872, a guarantee obtained by means of misrepresentation by the creditor is invalid (void).

Correct answer: A

Section 13 of the Indian Contract Act, 1872 defines 'Consent'; coercion is Sec.15, undue influence Sec.16, fraud Sec.17, so only option (a) is correctly matched.

Correct answer: C

On death of the sole plaintiff, the legal representatives are brought on record under Order 22 Rule 3 CPC (Rule 4 deals with death of a defendant).

Correct answer: C

Under Section 29(2) CrPC, a Judicial Magistrate of the First Class may pass a sentence of imprisonment not exceeding three years.

Correct answer: A

Under Section 119 of the Indian Evidence Act, 1872, evidence given by a dumb witness in writing in open court is deemed to be oral evidence.

Correct answer: A

Section 114 CPC (review) is read with Order XLVII Rule 1 CPC, which sets out the grounds for review.

Correct answer: C

Under Order XVIII Rule 3 CPC, the party beginning may reserve rebuttal evidence only on those issues where the burden of proof lies on the other party.

Correct answer: D

Perpetual injunction (Sections 37-38) is a relief granted under the Specific Relief Act, 1963; recovery of money, ejectment and redemption fall under other statutes.

Correct answer: A

Section 216 of the Code of Criminal Procedure, 1973 deals with the power of the court to alter or add to any charge.

Correct answer: A

Throwing B's ring into a river intending wrongful loss is the classic illustration of mischief under Section 425 IPC (destruction/diminution of value or utility of property).

Correct answer: D

Order 9 Rule 9 CPC deals with setting aside dismissal for default (not ex parte decree, which is Order 9 Rule 13); hence (d) is the incorrectly matched pair.

Correct answer: C

Amendment of pleadings to include a claim for damages may be allowed at any stage of the proceedings under Order VI Rule 17 CPC.

Correct answer: D

Under Section 122 of the Transfer of Property Act, 1882, if the donee dies before acceptance, the gift is void.

Correct answer: D

Under Section 124 of the Transfer of Property Act, 1882, a gift comprising both existing and future property is void as to the latter (future property).

Correct answer: A

Section 147 of the Negotiable Instruments Act, 1881 (inserted by the 2002 amendment) is a non-obstante provision making every offence punishable under the Act compoundable, notwithstanding the CrPC.

Correct answer: B

A plea that the accused was elsewhere when the offence occurred is the defence of 'alibi' (from Latin 'alibi' = elsewhere), recognised under Section 11 of the Indian Evidence Act, 1872.

Correct answer: C

The Mitakshara, authored by Vijnaneshwara, is a running commentary on the Yajnavalkya Smriti, and is the foundational text of the Mitakshara school of Hindu law.

Correct answer: C

Section 87 of the Negotiable Instruments Act, 1881 deals with the effect of material alteration, rendering an instrument void as against anyone not consenting to the alteration.

Correct answer: A

Nagpur in Maharashtra is known as the 'Orange City' due to its large-scale orange cultivation and trade.

Correct answer: C

Under Section 2(b) of the Indian Contract Act, 1872, a proposal when accepted becomes a promise; it becomes an agreement/contract only with consideration and enforceability.

Correct answer: C

Tokyo is the capital of Japan. Australia's capital is Canberra (not Sydney), Pakistan's is Islamabad (not Karachi), and the USA's is Washington D.C. (not New York).

Correct answer: D

The proviso to Section 161(2) CrPC, 1973 protects a person from answering questions that would expose him to a criminal charge, penalty or forfeiture, hence all the above.

Correct answer: B

Under the Specific Relief Act, 1963 cancellation of instruments is governed by Section 31, not Section 30; Sec.27 (rescission), Sec.34 (declaration) and Sec.39 (mandatory injunction) are correctly matched. Hence 'Sec.30 - cancellation of Instruments' is the incorrect combination.

Correct answer: A

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

Correct answer: B

Under Order VIII Rule 6A/6D CPC, a counter-claim is treated as a cross-suit; even if the plaintiff's suit is dismissed for default, the counter-claim may be proceeded with and disposed of on merits.

Correct answer: A

Rani Rampal captained the Indian women's hockey team that reached the semifinal (4th place) at the Tokyo 2020 Olympics, the team's best-ever Olympic performance.

Correct answer: A

Section 145 of the Negotiable Instruments Act, 1881 permits the complainant's evidence to be given on affidavit, notwithstanding anything in the CrPC.

Correct answer: B

Order XXVII Rule 5A CPC, 1908 requires the Government to be joined as a party in a suit against a public officer for acts done in his official capacity.

Correct answer: A

Under Order XXI Rule 92 CPC, where no application to set aside is made (or is disallowed), the court makes an order confirming the sale, and thereupon the sale becomes absolute.

Correct answer: B

Under Section 142 of the Indian Evidence Act, 1872, leading questions may be asked in cross-examination; they may not (without permission) be asked in examination-in-chief or re-examination (Sec.142).

Correct answer: D

Section 26 of the Indian Contract Act, 1872 declares every agreement in restraint of the marriage of any person, other than a minor, void. (Section 27 is restraint of trade.)

Correct answer: C

'Nemo dat quod non habet' means no one can give (transfer) what he does not have.

Correct answer: B

The ossification test examines bone development/fusion of epiphyses to estimate the age of a person.

Correct answer: B

Kiren Rijiju was the Union Law Minister (Minister of Law and Justice) appointed in July 2021, succeeding Ravi Shankar Prasad, the period contemporaneous with this 2021 paper.

Correct answer: D

A witness interested in the success of the party who called him is an 'interested witness'; a hostile witness, by contrast, gives evidence adverse to the party calling him.

Correct answer: D

Section 118 of the Negotiable Instruments Act, 1881 raises presumptions as to consideration, date, time of acceptance, transfer, etc.; hence all the above.

Correct answer: D

Criminal conspiracy under Section 120A IPC requires an agreement between two or more persons; therefore a minimum of two persons is needed.

Correct answer: B

In National Legal Services Authority (NALSA) v. Union of India (2014), the Supreme Court recognised transgender persons as a third gender and held fundamental rights equally applicable to them.

Correct answer: D

Section 16(c) of the Specific Relief Act, 1963 bars specific performance in favour of a person who fails to prove that he has performed or has been ready and willing to perform his part of the contract.