Karnataka Judiciary — Prelims 2022

Correct answer: B

The 2022 Presidential election was contested between Smt. Droupadi Murmu (NDA) and Sri Yashwant Sinha (Opposition); Murmu won. Option (a) misspells the name.

Correct answer: D

Order 22 Rule 9 CPC governs setting aside abatement/dismissal and bringing the suit back on file. Rule 3 deals with death of plaintiff, Rule 4 with death of defendant.

Correct answer: A

Section 4 of the Specific Relief Act, 1963 provides that specific relief can be granted only for enforcing individual civil rights and not for enforcing a penal law.

Correct answer: A

Section 2(g) of the Indian Contract Act, 1872 defines an agreement not enforceable by law as 'void'.

Correct answer: C

Section 106(3) of the Transfer of Property Act, 1882 expressly provides that the notice period commences from the date of receipt of the notice, i.e. 04.04.2020.

Correct answer: B

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

Correct answer: A

Section 325 CrPC provides that a Magistrate who finds the accused deserving more severe punishment than he can inflict shall forward the proceedings to the Chief Judicial Magistrate to whom he is subordinate.

Correct answer: D

R. Venkataraman, Shankar Dayal Sharma and K.R. Narayanan each served as Vice-President before becoming President; A.P.J. Abdul Kalam became President in 2002 without being Vice-President.

Correct answer: C

Section 361 IPC (kidnapping from lawful guardianship) protects a minor under sixteen years of age if a male, and under eighteen years if a female.

Correct answer: C

Article 54 of the Constitution: the President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States (and UTs of Delhi and Puducherry).

Correct answer: B

The Constitution was adopted by the Constituent Assembly on 26th November 1949; it came into force on 26th January 1950.

Correct answer: D

Order 23 Rule 3 (read with Rule 1) CPC concerns withdrawal with liberty to file a fresh suit. Order 1 Rule 10 (not Rule 8) deals with adding/striking parties; legal representatives of deceased plaintiff/defendant are under Order 22 Rules 3 and 4 respectively, so options (a)-(c) are wrong.

Correct answer: A

Section 137 of the Indian Evidence Act, 1872 defines the examination of a witness by the party who called him, subsequent to cross-examination, as 're-examination'.

Correct answer: A

Section 396 IPC: if any one of five or more persons conjointly committing dacoity commits murder, every one of them is guilty of dacoity with murder, punishable under Section 396.

Correct answer: A

The CPC (Order 39 / Section 94) provides for temporary injunctions; perpetual and mandatory injunctions are granted under the Specific Relief Act, 1963. Hence only temporary injunction is under the CPC.

Correct answer: A

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) is the leading Supreme Court decision on Section 65B of the Evidence Act (admissibility of electronic evidence).

Correct answer: B

Section 354C IPC defines voyeurism as a man watching, or capturing the image of, a woman engaging in a private act in circumstances where she expects privacy.

Correct answer: D

Section 82(2) CPC: execution shall not issue on a decree against the Government/public officer until the expiry of three months from the date of the decree.

Correct answer: B

The proviso to Section 80(2) CPC mandates that no interim relief shall be granted against the Government without giving it a reasonable opportunity of showing cause in respect of the relief prayed for.

Correct answer: D

'Satyameva Jayate' below the National Emblem is taken from the Mundaka Upanishad (one of the Upanishads).

Correct answer: C

Section 124A IPC defines sedition as bringing or attempting to bring into hatred or contempt, or exciting disaffection towards, the Government established by law.

Correct answer: B

Section 215 CrPC deals with the effect of errors in the charge (no error in stating the offence or particulars is material unless it misleads the accused and causes failure of justice).

Correct answer: D

Order 14 Rule 5 CPC empowers the Court to amend or strike out issues at any time before passing a decree.

Correct answer: B

Under Section 106 TPA, the statutory periods apply only 'in the absence of a contract'. Where the parties have agreed on a one year notice, the contractual term prevails, so A can terminate only by one year's notice.

Correct answer: D

Section 10 IPC: the word 'man' denotes a male human being of any age.

Correct answer: D

Under Section 17 of the Indian Contract Act, 1872, a promise made without any intention of performing it is one of the enumerated forms of 'fraud'.

Correct answer: C

Jog Falls is created by the Sharavati River in Karnataka.

Correct answer: B

Section 257 CrPC (withdrawal of complaint in summons cases) provides that on permitted withdrawal the Magistrate 'shall thereupon acquit the accused' — hence acquittal, not discharge.

Correct answer: D

The Specific Relief Act, 1963 (Sections 36-42) provides for preventive relief by injunction — temporary, perpetual and mandatory injunctions (Sec. 37, 38, 39); hence 'All the above'. (The JSON note 'Options are not correct' is a data artifact; (d) is the intended key.)

Correct answer: B

Attempt to commit theft from an empty box is impossible-attempt but still punishable; it is an attempt under Section 511 IPC (illustration (b) to Sec. 511 is this very example), not the completed theft under Sec. 379.

Correct answer: C

Section 152 CPC allows correction of clerical or arithmetical mistakes 'either of its own motion or on the application of any of the parties' — hence either A) or B).

Correct answer: B

Section 15 CPC: every suit shall be instituted in the Court of the lowest grade competent to try it.

Correct answer: A

Section 185 of the Indian Contract Act, 1872 expressly states 'No consideration is necessary to create an agency' — the statement is correct.

Correct answer: D

Article 353 of the Constitution describes the effect of a Proclamation of Emergency. (Art. 352 is the proclamation itself; Art. 356 is State emergency.)

Correct answer: C

Section 2(e) of the Indian Contract Act, 1872 defines an 'agreement' as every promise and every set of promises forming the consideration for each other.

Correct answer: A

Bail under the proviso to Section 167(2) CrPC (default/compulsive bail on failure to file charge-sheet within the statutory period) is known as statutory bail.

Correct answer: C

Section 27(2)(a) of the Karnataka Rent Act, 1999 requires the tenant to pay/tender the whole arrears within two months from the date of service of the demand notice to avoid eviction on the ground of arrears.

Correct answer: A

Section 122 of the Transfer of Property Act, 1882 defines gift as a transfer made voluntarily and 'without consideration'; consideration is therefore NOT required (and would in fact negate a gift).

Correct answer: D

Section 154 of the Indian Evidence Act, 1872 empowers the Court to permit the party who calls a witness to put cross-examination questions (treat as hostile witness).

Correct answer: B

Under Section 45 of the Indian Evidence Act, 1872, opinions of experts are 'relevant facts' (not conclusive proof).

Correct answer: A

As of the exam date (2022), K.K. Venugopal was the Attorney General for India (he held office until October 2022).

Correct answer: C

Order 18 Rule 3A CPC provides that a party wishing to appear as his own witness shall do so before his other witnesses, unless the Court permits him to appear as his own witness at a later stage; thus the court's permission to examine his witness before himself flows from Order 18 Rule 3A.

Correct answer: C

Section 113A of the Indian Evidence Act, 1872 raises the presumption of abetment of suicide where the married woman commits suicide within seven years of her marriage.

Correct answer: A

Section 2(3)(g) of the Karnataka Rent Act, 1999 exempts non-residential premises only where plinth area does NOT exceed fourteen square metres. Here the area is 16 square FEET (~1.49 sq m), which is below the 14 sq m threshold, so the Act does NOT apply and eviction is governed by the Transfer of Property Act, 1882.

Correct answer: A

Post the 2018 amendment, Section 16(c) of the Specific Relief Act, 1963 uses 'shall' — readiness and willingness 'shall be pleaded in the plaint and proved'.

Correct answer: B

The phrase 'in lieu of' means 'instead of' / in place of.

Correct answer: D

There are 25 High Courts in India at present (Andhra Pradesh High Court created in 2019 brought the total to 25).

Correct answer: B

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

Correct answer: A

The sequence of contract formation is offer, acceptance, consideration, leading to agreement (offer + acceptance + consideration => agreement, which when enforceable is a contract).

Correct answer: A

Article 21 of the Constitution bars deprivation of life or personal liberty 'except according to procedure established by law'.

Correct answer: D

Under the First Schedule of the CrPC, the offence under IPC Sec.459 (grievous hurt while committing lurking house-trespass / house-breaking), being punishable with imprisonment for life or up to 10 years, is triable by the Court of Session.

Correct answer: C

A suit for specific performance of a contract relating to immovable property is a suit 'for' that property; under Sec.16 CPC it must be instituted where the property is situate, i.e. Gadag.

Correct answer: A

Sec.68, Indian Evidence Act, 1872 requires that a document required by law to be attested be proved by calling at least one attesting witness (subject to the proviso for non-will documents).

Correct answer: C

Sec.118 of the Negotiable Instruments Act, 1881 lays down the statutory presumptions as to negotiable instruments (e.g. consideration, date, time of acceptance, holder in due course).

Correct answer: C

Sec.468(2)(a) CrPC fixes the limitation for taking cognizance at six months if the offence is punishable with fine only.

Correct answer: A

Sec.320(8) CrPC provides that the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Correct answer: C

Sec.24 CPC empowers either the High Court or the District Court to transfer/withdraw any suit, appeal or proceeding from one subordinate court to another.

Correct answer: A

Per the First Schedule of CrPC, IPC Sec.304A (death by rash/negligent act) is cognizable, bailable and triable by Magistrate First Class; it is non-compoundable under Sec.320.

Correct answer: A

Sec.10 of the Transfer of Property Act, 1882 deals with conditions restraining alienation.

Correct answer: D

Sec.17, Indian Evidence Act, 1872 (as amended) defines an admission as a statement, oral or documentary or contained in electronic form, suggesting an inference as to a fact in issue or relevant fact.

Correct answer: B

'Suit dismissed with costs' means the plaintiff loses and must pay the defendant's costs, so the defendant is entitled to costs from the plaintiff (Sec.35 CPC).

Correct answer: C

Promotion of international peace and security is enshrined in Article 51, which falls within Part IV (Directive Principles of State Policy).

Correct answer: C

The Specific Relief Act, 1963 provides for recovery of possession of immovable property (Secs.5-6) as well as recovery of specific movable property (Secs.7-8), i.e. both.

Correct answer: B

Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State.

Correct answer: D

Sec.100 CPC provides for a Second Appeal to the High Court (on a substantial question of law).

Correct answer: D

Criminal conspiracy under Sec.120A IPC requires an agreement between two or more persons; the minimum is two.

Correct answer: D

Order 12 Rule 6 CPC empowers the court to pronounce judgment on admissions made in pleadings or otherwise.

Correct answer: A

Rejection of a plaint under Order VII Rule 11 CPC is decided on the averments in the plaint alone; the defence/written statement is not looked into (Saleem Bhai v. State of Maharashtra).

Correct answer: D

Sec.41 of the Specific Relief Act, 1963 bars an injunction in each of these situations (clauses on no personal interest, contracts not specifically enforceable, and restraining application to a legislative body), so all the above.

Correct answer: A

Article 124(3)(c) permits a distinguished jurist to be appointed a Judge of the Supreme Court; there is no such provision for High Court appointments under Article 217.

Correct answer: C

The Explanation to Secs.28-31 of the Karnataka Rent Act, 1999 defines 'immediate possession' as possession recoverable on the expiry of sixty days from the date of the order of eviction.

Correct answer: C

Sec.377 IPC (unnatural offences) deals with carnal intercourse against the order of nature, i.e. unnatural sex.

Correct answer: D

The capital of Kerala is Thiruvananthapuram, not Cochin; hence (d) is the incorrect pairing. The others (Amaravati, Hyderabad, Chennai) are correct.

Correct answer: D

Article 368 proviso requires ratification by at least half the State legislatures for amendments touching Articles 54/55, executive/legislative power distribution, the Seventh Schedule lists, and representation of States in Parliament; hence all the above.

Correct answer: D

Selvi v. State of Karnataka (2010) held that involuntary narco-analysis, polygraph and brain-mapping tests violate Article 20(3) and Article 21; it concerns narco-analysis tests.

Correct answer: A

Every confession is a species of admission (a confession is an admission of guilt in a criminal case), but not every admission amounts to a confession. The statement is true (settled principle distinguishing Ss.17-23 admissions from confessions, Indian Evidence Act, 1872).

Correct answer: D

Section 439 CrPC confers special powers regarding bail on the High Court and the Court of Session, not on a Magistrate; hence both B and C.

Correct answer: A

Section 147 of the Negotiable Instruments Act, 1881 declares that notwithstanding the CrPC, every offence punishable under the Act shall be compoundable.

Correct answer: A

Order 22 Rule 6 CPC provides that where a party dies between the conclusion of hearing and pronouncing of judgment, the death shall not cause the suit to abate; judgment may still be pronounced.

Correct answer: B

"Attire" means dress/clothing.

Correct answer: C

Section 324 IPC (voluntarily causing hurt by dangerous weapons or means) is punishable with imprisonment up to three years, or fine, or both.

Correct answer: B

Section 77 of the Indian Evidence Act, 1872 allows contents of public documents to be proved by production of certified copies.

Correct answer: B

Section 482 CrPC saves the inherent powers of the High Court; only High Courts exercise this power.

Correct answer: D

Section 172 CrPC requires every police officer making an investigation to maintain a case (diary) of the proceedings of the investigation.

Correct answer: B

Order 26 Rule 10A covers scientific investigation, Rule 10B performance of a ministerial act, and Rule 10C sale of movable property subject to speedy decay; ascertaining who is in possession of immovable property is a local investigation under Order 26 Rule 9, so a commission cannot be issued for it under Rules 10A/10B/10C.

Correct answer: C

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

Correct answer: D

Gujarat Titans won IPL 2022 (their debut season), defeating Rajasthan Royals in the final.

Correct answer: D

Section 38 CPC provides that a decree may be executed either by the Court which passed it or by the Court to which it is sent for execution.

Correct answer: A

Section 112 of the Indian Evidence Act, 1872 raises a conclusive presumption of legitimacy/paternity of a child born during a valid marriage.

Correct answer: C

Habeas corpus may be issued by the Supreme Court under Article 32 and by High Courts under Article 226; hence both.

Correct answer: A

Mark Zuckerberg founded Facebook.

Correct answer: B

Section 228A IPC penalises disclosure of the identity of a victim of certain sexual offences (rape victim).

Correct answer: B

Lakshadweep falls within the territorial jurisdiction of the Kerala High Court.

Correct answer: D

Section 118 of the Transfer of Property Act, 1882 defines this transaction (mutual transfer of ownership, neither thing being money only) as an exchange.

Correct answer: B

Justice B.V. Nagarathna, who practised at the Karnataka Bar for about 20 years, was elevated directly from the Bar to the Karnataka High Court (2008); Manjula Chellur rose from the judicial (district judge) service, not directly from the Bar.

Correct answer: B

Section 145 of the Negotiable Instruments Act, 1881 expressly permits the evidence of the complainant to be given on affidavit; the statement is correct.

Correct answer: C

Section 380 IPC punishes theft in a dwelling house, tent or vessel.

Correct answer: C

M Siddiq (D) thr LRs v. Mahant Suresh Das (2019) is the Ayodhya / Ram Janmabhoomi-Babri Masjid title dispute judgment.

Correct answer: B

One who believes in God is a theist (an atheist disbelieves in God).

Correct answer: A

Section 107 of the Transfer of Property Act, 1882 requires such a lease to be made by a REGISTERED instrument; the stem says 'unregistered', so the statement is incorrect.