Kerala Judiciary Mock Test 1 — Questions & Solutions
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment of less than three years and the person to be arrested is infirm or above sixty years of age, no arrest shall be made except with the prior permission of an officer not below the rank of -
aSuperintendent of Police
bDeputy Superintendent of Police
cInspector of Police
dthe Judicial Magistrate of the First Class
Answer: B
Section 35(7) BNSS, a fresh safeguard absent in the CrPC, bars arrest for offences punishable with less than three years where the person is infirm or above sixty years, save with prior permission of an officer not below the rank of Deputy Superintendent of Police.
In a cognizable case where the information discloses an offence punishable for three years or more but less than seven years, the officer in charge of a police station may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry under Section 173(3) BNSS to ascertain whether a prima facie case exists. Such preliminary enquiry must be concluded within -
aseven days
btwenty-one days
cfourteen days
dthirty days
Answer: C
The proviso to Section 173(3) BNSS permits a preliminary enquiry, with prior DSP-level permission, for offences punishable with three years or more but less than seven years, and mandates that it be completed within fourteen days.
A person is arrested without warrant for an offence punishable with imprisonment up to seven years. Under Section 187 BNSS, the Magistrate may authorise detention in police custody, in whole or in parts, to a maximum of fifteen days, and such police custody may be sought at any time during the initial -
asixty days of detention out of the ninety-day period
bforty days of detention out of the sixty-day period
cthirty days of detention
dfifteen days of the period of detention
Answer: B
Under Section 187 BNSS the fifteen-day police custody quota need not be consecutive; for offences punishable up to ten years it may be sought in whole or in parts within the initial forty days (out of the sixty-day period), and within sixty days (out of ninety) for graver offences.
An accused is in detention while investigation continues into an offence not punishable with death or imprisonment for life. He fails to obtain default bail. Under Section 187(3) BNSS, the indefeasible right to be released on default bail accrues if the police fail to file the report within -
asixty days
bone hundred and twenty days
cforty-five days
dninety days
Answer: A
Section 187(3) BNSS preserves the CrPC default-bail scheme: ninety days for offences punishable with death, imprisonment for life or imprisonment of ten years or more, and sixty days for all other offences.
Under Section 58 BNSS, a police officer shall not, in the absence of a special order of a Magistrate under Section 187, detain in custody a person arrested without warrant for a period exceeding twenty-four hours. In computing the said period of twenty-four hours -
athe time taken for medical examination of the arrestee is excluded
bthe time necessary for the journey from the place of arrest to the Magistrate's court is excluded
cthe time necessary for the journey from the place of arrest to the Magistrate's court is included
dSundays and public holidays are excluded
Answer: B
Section 58 BNSS caps detention without a Magistrate's special order at twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court.
Under Section 23 BNSS, the Court of a Magistrate of the first class may pass which of the following sentences?
aImprisonment for a term not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service
bImprisonment for a term not exceeding five years, or fine not exceeding ten thousand rupees, or both
cImprisonment for a term not exceeding two years, or fine, or both, but not community service
dImprisonment for a term not exceeding seven years, or fine, or both
Answer: A
Section 23 BNSS empowers a Magistrate of the first class to award imprisonment up to three years, fine up to fifty thousand rupees, or both, and now expressly includes community service as a sentence.
Where a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, Section 356 BNSS permits the court to proceed with the inquiry, trial or judgment in his absence. Where such proclaimed offender is not represented by an advocate -
athe court shall proceed without any defence representation
bthe public prosecutor shall act as amicus curiae for him
che shall be provided with an advocate for his defence at the expense of the State
dthe trial shall be stayed until he engages counsel
Answer: C
Section 356 BNSS, a new provision enabling trial in absentia of proclaimed offenders, mandates that where such an offender is unrepresented he shall be provided an advocate for his defence at State expense.
Under Section 472 BNSS, a convict under sentence of death, his legal heir or other relative may file a mercy petition before the President or the Governor. Such petition must be filed within -
afifteen days from the date the Superintendent of jail informs him of the dismissal of his appeal or the confirmation of the death sentence
bsixty days from the date of the judgment of the trial court
cninety days from the date of confirmation of the death sentence by the High Court
dthirty days from the date the Superintendent of jail informs him of the dismissal of his appeal or the confirmation of the death sentence
Answer: D
Section 472 BNSS introduces a statutory mercy-petition framework, requiring the petition to be filed within thirty days of the jail Superintendent's intimation of dismissal of appeal/SLP or confirmation of the death sentence.
Under Section 479 BNSS, a first-time offender who has never been convicted of any offence in the past and who, during investigation, inquiry or trial, has undergone detention for a period extending up to a specified fraction of the maximum imprisonment provided for that offence shall be released by the court on bond. That fraction is -
aone-third
bone-fourth
ctwo-thirds
done-half
Answer: A
While Section 479 BNSS releases an undertrial after detention of one-half of the maximum sentence, its first proviso lowers this to one-third for a first-time offender, who is then released on bond.
Under Section 176(3) BNSS, where an offence is punishable for seven years or more, the investigating officer is required to -
aobtain prior sanction of the District Magistrate before recording the FIR
bcause a forensic expert to visit the crime scene to collect forensic evidence and videograph the process
crecord the statement of every witness before a Magistrate
dcomplete the investigation within thirty days
Answer: B
Section 176(3) BNSS makes forensic investigation mandatory for offences punishable with seven years or more, requiring a forensic expert to visit the scene, collect evidence and record the process by videography (subject to facilities being available).
Under Section 105 BNSS, the process of conducting a search of a place or taking possession of any property, including preparation of the seizure list and its signing by witnesses, shall be recorded through audio-video electronic means, preferably a mobile phone, and the police officer shall without delay forward such recording to the -
aDistrict Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
bPublic Prosecutor concerned
cDirector General of Police of the State
dofficer in charge of the police station only
Answer: A
Section 105 BNSS, a new transparency measure, requires audio-video recording of search and seizure and forwarding of the recording without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
Under Section 173(1) BNSS, information relating to the commission of a cognizable offence may now be given -
aorally or by electronic communication, irrespective of the area where the offence is committed
bonly through an advocate or authorised agent
conly orally and reduced to writing by the officer in charge
donly in writing and only at the police station within whose jurisdiction the offence was committed
Answer: A
Section 173(1) BNSS permits information of a cognizable offence to be given orally or by electronic communication and, irrespective of territorial jurisdiction (Zero FIR), it must be entered and registered, signing being required where given electronically within three days.
Under Section 398 BNSS, the obligation to prepare and notify a Witness Protection Scheme is cast upon -
athe National Human Rights Commission
bthe High Court of the State concerned
cthe Central Government alone
devery State Government
Answer: D
Section 398 BNSS, a new provision, mandates that every State Government prepare and notify a Witness Protection Scheme for the protection of witnesses.
Under the scheme of summons in Chapter VI of the BNSS, a summons bearing the image of the seal of the court may be served by electronic communication. Such service shall be -
aconsidered duly served, a copy of which shall be attested and kept as proof of service
binvalid unless acknowledged by the recipient within twenty-four hours
cvalid only if also followed by personal service
dvalid only for accused persons and not for witnesses
Answer: A
Section 64 BNSS expressly recognises service of summons (bearing the court's seal image) by electronic communication in the form provided by the State Government, and such service is deemed duly served, with an attested copy kept as proof.
Under Section 193 BNSS, on completion of investigation the officer in charge of the police station forwards a report (charge-sheet) to the Magistrate empowered to take cognizance. In relation to further investigation after such report -
afurther investigation requires fresh registration of an FIR
bfurther investigation can be ordered only by the Court of Session
cno further investigation is permissible once the charge-sheet is filed
dfurther investigation may be conducted and a supplementary report forwarded, but for offences relating to specified sexual offences against women and children it must ordinarily be completed within ninety days
Answer: D
Section 193(9) BNSS preserves the power of further investigation and supplementary reports, while introducing a time discipline (ordinarily ninety days, extendable with the court's permission) for further investigation in specified sexual offences against women and children.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Chief Judicial Magistrate may pass any sentence authorised by law except -
aa sentence of death or imprisonment for life only.
ba sentence of imprisonment exceeding three years or fine exceeding fifty thousand rupees.
ca sentence of death, imprisonment for life, or imprisonment exceeding ten years.
da sentence of death, imprisonment for life, or imprisonment exceeding seven years.
Answer: D
Section 23(1) BNSS empowers a Chief Judicial Magistrate to pass any sentence authorised by law except a sentence of death, of imprisonment for life, or of imprisonment for a term exceeding seven years.
Section 15 of the Code of Civil Procedure, 1908 directs that every suit shall be instituted in the Court of the lowest grade competent to try it. This rule chiefly relates to -
athe pecuniary jurisdiction of the Court.
bthe territorial jurisdiction of the Court.
cthe inherent jurisdiction of the Court.
dthe subject-matter jurisdiction of the Court.
Answer: A
Section 15 is a rule of procedure relating to the pecuniary competence of courts; it requires a suit to be filed in the court of lowest grade competent in terms of value to try it.
A suit for compensation for a wrong done to movable property may, under Section 19 of the Code of Civil Procedure, 1908, be instituted at the option of the plaintiff -
aeither where the wrong was done or where the defendant resides, carries on business or personally works for gain.
bonly where the wrong was done.
conly where the plaintiff resides.
donly where the defendant resides or carries on business.
Answer: A
Section 19 gives the plaintiff the option to sue either in the court within whose local limits the wrong was done or where the defendant resides, carries on business or personally works for gain.
A suit against the Government may be instituted, after notice under Section 80(1) of the Code of Civil Procedure, 1908, only after the expiry of -
aone month from delivery of the notice.
btwo months from delivery of the notice.
cthree months from delivery of the notice.
dsix months from delivery of the notice.
Answer: B
Section 80(1) requires that a suit against the Government be instituted only after the expiration of two months next after notice in writing has been delivered to the prescribed authority.
Where a suit against the Government or a public officer requires urgent or immediate relief, the suit may be instituted without serving the two months' notice -
aonly if the State Government issues a written waiver of the notice.
bin no circumstances; the notice is mandatory and cannot be dispensed with.
cwith the leave of the Court under Section 80(2), but the Court shall not grant relief without giving the Government a reasonable opportunity to show cause.
dautomatically, since urgency by itself dispenses with the notice.
Answer: C
Section 80(2) permits a suit for urgent or immediate relief to be filed with leave of the Court without notice, but no relief may be granted without giving the Government or public officer a reasonable opportunity of showing cause.
Which of the following is NOT among the modes of alternative dispute resolution to which a court may refer a dispute under Section 89 of the Code of Civil Procedure, 1908?
aJudicial settlement including settlement through Lok Adalat.
bArbitration.
cReference to a commission for examination under Order 26.
dConciliation.
Answer: C
Section 89 lists arbitration, conciliation, judicial settlement including Lok Adalat, and mediation as the modes of settlement outside the court; reference to a commission under Order 26 is not an ADR mode under Section 89.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (general provision), the defendant shall present a written statement of his defence within thirty days from service of summons, which the Court may, for reasons recorded, extend but not later than -
aninety days from the date of service of summons.
bone hundred and eighty days from the date of service of summons.
cone hundred and twenty days from the date of service of summons.
dsixty days from the date of service of summons.
Answer: A
Under the proviso to Order VIII Rule 1 (ordinary suits), the written statement may be filed beyond thirty days for recorded reasons, but not later than ninety days from the date of service of summons.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court from an appellate decree only -
aon a question of fact.
bwhere the lower appellate court has reversed the decree of the trial court.
cwhere the case involves a substantial question of law.
don a mixed question of fact and law.
Answer: C
Section 100 confines a second appeal to cases involving a substantial question of law, which the High Court is required to formulate at the time of admission.
Which of the following statements regarding revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 is untrue?
aIt can be exercised only by the High Court over subordinate courts.
bThe High Court may vary or reverse an order even where an appeal lies against that order to the High Court or a court subordinate to it.
cIt can be invoked where the subordinate court has exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested.
dIt is a supervisory power and not a rehearing on merits.
Answer: B
The proviso to Section 115 bars the High Court from varying or reversing an order in revision where an appeal lies against it to the High Court or a subordinate court; hence statement (c) is untrue.
An application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908 may be allowed where the defendant satisfies the Court that -
athe decree is erroneous on the merits.
bthe plaintiff has obtained an excessive relief.
cthe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing.
da fresh question of law has since arisen.
Answer: C
Order IX Rule 13 permits setting aside an ex parte decree where the defendant shows that summons was not duly served or that he was prevented by sufficient cause from appearing at the hearing.
While considering rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the ground that it discloses no cause of action, the Court must look at -
athe documents produced by the defendant in his defence.
bthe averments in the plaint together with the written statement of the defendant.
cthe evidence likely to be led by the parties.
dthe averments in the plaint alone, taken as a whole.
Answer: D
For rejection under Order VII Rule 11(a) the Court looks only to the averments in the plaint read as a whole; the defence and its documents are not to be considered at that stage.
A temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 may be granted, inter alia, where it is proved that -
athe plaintiff is likely to succeed in the suit.
bthe property in dispute is in danger of being wasted, damaged or alienated by a party, or wrongfully sold in execution of a decree.
cthe defendant has filed a frivolous written statement.
dthe suit has been pending for more than three years.
Answer: B
Order XXXIX Rule 1(a) authorises a temporary injunction where the property in dispute is in danger of being wasted, damaged or alienated by a party, or wrongfully sold in execution of a decree.
Suits relating to a Lease and Rent Control matter apart, in an ordinary suit for recovery of immovable property situate wholly within the local limits of one court, the suit must, under Section 16 of the Code of Civil Procedure, 1908, ordinarily be instituted -
aat the option of the plaintiff in any court in the State.
bwhere the defendant resides.
cwithin the local limits of whose jurisdiction the property is situate.
dwhere the cause of action arose only.
Answer: C
Section 16 requires suits for recovery of, or relating to rights in, immovable property to be instituted in the court within whose local limits the property is situate.
The power of a civil court to grant restitution under Section 144 of the Code of Civil Procedure, 1908 arises where -
aa written statement is rejected.
ba suit is dismissed for default.
ca decree or order is varied or reversed in appeal, revision or otherwise, and a party is entitled to the benefit of the variation or reversal.
dan interim injunction is vacated.
Answer: C
Section 144 enables the court of first instance to grant restitution so as to place the parties in the position they would have occupied where a decree or order is varied or reversed in appeal, revision or otherwise.
A first appeal under Section 96 of the Code of Civil Procedure, 1908 lies against a decree passed in the exercise of original jurisdiction. Which of the following statements is correct?
aA first appeal lies only on a substantial question of law.
bA first appeal may be heard on both questions of fact and questions of law.
cBoth (b) and (c) are correct.
dNo appeal lies from a decree passed with the consent of parties.
Answer: C
A first appeal under Section 96 lies on questions of fact and law, and Section 96(3) bars an appeal from a decree passed by the court with the consent of parties; hence both (b) and (c) are correct.
Whoever commits murder, under the Bharatiya Nyaya Sanhita, 2023, shall be punished under -
aSection 302.
bSection 105.
cSection 101.
dSection 103.
Answer: D
Section 101 BNS defines murder, while the punishment for murder is provided under Section 103 BNS (death or imprisonment for life and fine), corresponding to the old Section 302 IPC.
A woman dies of burns otherwise than under normal circumstances and it is shown that soon before her death she was subjected to cruelty in connection with a demand for dowry. For the offence of dowry death under Section 80 of the Bharatiya Nyaya Sanhita, 2023, such death must have occurred -
awithin seven years of her marriage.
bwithin three years of her marriage.
cwithin five years of her marriage.
dat any time during the subsistence of the marriage.
Answer: A
Under Section 80 BNS the death must occur within seven years of marriage, and is punishable with imprisonment of not less than seven years extending to life.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, a person is kidnapped from lawful guardianship when, without the consent of the guardian, there is a taking or enticing of a child who is -
aunder eighteen years of age, irrespective of sex.
bunder fourteen years of age, irrespective of sex.
cunder sixteen years of age in the case of a male and eighteen years in the case of a female.
dunder twelve years of age, irrespective of sex.
Answer: A
Section 137 BNS adopts a uniform age of under eighteen years for both boys and girls, departing from the earlier sixteen/eighteen distinction under Section 361 IPC.
A thief, in order to commit theft, suddenly and forcibly seizes a mobile phone from the hand of a pedestrian and runs away. The newly introduced offence specifically attracted under the Bharatiya Nyaya Sanhita, 2023 is -
aTheft simpliciter under Section 303.
bRobbery under Section 309.
cSnatching under Section 304.
dExtortion under Section 308.
Answer: C
Section 304 BNS creates a distinct offence of snatching where theft is committed by suddenly, quickly or forcibly seizing or grabbing movable property, punishable with imprisonment up to three years.
Which of the following offences finds no parallel in the repealed Indian Penal Code, 1860 and is a fresh introduction under the Bharatiya Nyaya Sanhita, 2023?
aOrganised crime under Section 111.
bCriminal breach of trust.
cDacoity.
dAffray.
Answer: A
Organised crime (Section 111 BNS) is a newly codified offence with no direct equivalent in the IPC; affray, dacoity and criminal breach of trust all carry forward from the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt by use of acid is an offence punishable under -
aSection 118.
bSection 326A.
cSection 124.
dSection 117.
Answer: C
Section 124 BNS deals with voluntarily causing grievous hurt by use of acid (corresponding to the former Section 326A IPC), with imprisonment not less than ten years extending to life.
Whoever does any act with such intention or knowledge that, if death were caused, he would be guilty of murder, commits the offence of attempt to murder under the Bharatiya Nyaya Sanhita, 2023, punishable under -
aSection 110.
bSection 107.
cSection 307.
dSection 109.
Answer: D
Section 109 BNS deals with attempt to murder (formerly Section 307 IPC); attempt to commit culpable homicide is separately placed in Section 110 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, an "unlawful assembly" is defined in Section 189 as an assembly of -
atwo or more persons with a common object.
bseven or more persons with a common object.
cfive or more persons with a common object.
dthree or more persons with a common object.
Answer: C
Section 189 BNS, like the former Section 141 IPC, requires five or more persons with one of the enumerated common objects to constitute an unlawful assembly.
When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit the offence of affray under the Bharatiya Nyaya Sanhita, 2023, which is dealt with under -
aSection 159.
bSection 196.
cSection 194.
dSection 191.
Answer: C
Affray is defined and made punishable under Section 194 BNS, while rioting falls under Section 191 BNS.
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, commits the offence of cheating under the Bharatiya Nyaya Sanhita, 2023, defined in -
aSection 420.
bSection 316.
cSection 319.
dSection 318.
Answer: D
Cheating is defined in Section 318 BNS (cheating by personation is separately in Section 319), replacing Sections 415 and 420 IPC.
A group of seven persons, acting in concert, causes the death of a man on the ground of his caste. Under Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, each member of such group shall be punished with death or imprisonment for life or imprisonment for a term which shall not be less than -
aten years.
bthree years.
cfive years.
dseven years.
Answer: D
Section 103(2) BNS, a new provision targeting mob/identity-based killings, prescribes a minimum of seven years for each member where five or more persons acting in concert commit murder on grounds such as caste, race or community.
Whoever assaults or uses criminal force to any public servant in the execution of his duty as such public servant, with intent to deter him from discharging his duty, commits an offence under the Bharatiya Nyaya Sanhita, 2023 falling under -
aSection 353.
bSection 132.
cSection 131.
dSection 121.
Answer: B
Section 132 BNS deals with assault or criminal force to deter a public servant from discharge of his duty (formerly Section 353 IPC); Section 121 BNS concerns voluntarily causing hurt to deter a public servant.
A confession made to a police officer shall not be proved as against a person accused of any offence. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this rule is contained in -
aSection 22 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 24 of the Bharatiya Sakshya Adhiniyam, 2023.
cSection 23 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 26 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer: C
Section 23(1) BSA absolutely bars proof of a confession made to a police officer against the accused; Section 23(2) deals separately with confessions made while in police custody (corresponding to the former Sections 25 and 26 IEA).
Under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), so much of the information received from an accused in police custody may be proved as -
arelates to the motive behind the offence.
bis recorded in the immediate presence of a Magistrate.
camounts to a full and voluntary confession of guilt.
ddistinctly relates to the fact thereby discovered.
Answer: D
The proviso to Section 23(2) BSA permits proof of only so much of the information as distinctly relates to the fact thereby discovered, whether or not it amounts to a confession. Pulukuri Kottaya v. Emperor, AIR 1947 PC 67, settled the scope of this provision (formerly Section 27 IEA).
In Pulukuri Kottaya v. Emperor, AIR 1947 PC 67, the Privy Council held that the 'fact discovered' within the meaning of the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (formerly Section 27 IEA) -
ais the physical object produced by the accused alone.
bembraces the place from which the object is produced and the knowledge of the accused as to this.
cincludes the entire confessional statement leading to the recovery.
dmust always be corroborated by an independent eye-witness.
Answer: B
The Privy Council held that the 'fact discovered' embraces the place from which the object is produced and the knowledge of the accused as to this, and not merely the physical object recovered; the principle now governs the proviso to Section 23(2) BSA.
A statement made by a person as to the cause of his death is relevant under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
aonly when the person making it was under expectation of death.
bonly if it is reduced to writing and signed.
conly when made in the immediate presence of a Magistrate.
dwhether or not the person who made it was under expectation of death.
Answer: D
Under Section 26(a) BSA (formerly Section 32(1) IEA) a statement as to cause of death is relevant whether or not the declarant was under expectation of death, unlike the common-law rule of dying declarations.
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this is the effect of -
aSection 138 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 119, Illustration (b) alone.
cSection 137 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 124 read with Section 142.
Answer: A
Section 138 BSA, as enacted, provides that an accomplice shall be a competent witness and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; Illustration (b) to Section 119 BSA (court may presume) likewise counsels that an accomplice is unworthy of credit unless corroborated in material particulars.
When the question is whether a person did a particular thing of a scientific or technical nature, the opinion upon that point of a person specially skilled in such matter is relevant. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this is provided under -
aSection 55 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 26 of the Bharatiya Sakshya Adhiniyam, 2023.
cSection 41 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 39 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer: D
Section 39 BSA (formerly Section 45 IEA) makes relevant the opinion of persons specially skilled in foreign law, science, art, handwriting or finger impressions - that is, expert opinion.
Where any fact is especially within the knowledge of any person, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) the burden of proving that fact is upon -
athe prosecution in every criminal case.
bthe party on whom the burden of proof of the suit lies.
cthe person within whose special knowledge the fact lies.
dthe person who first asserts its existence.
Answer: C
Section 109 BSA (formerly Section 106 IEA) places the burden of proving a fact especially within a person's knowledge upon that person.
When a person is accused of an offence and claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, 2023, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) the burden of proving the existence of circumstances bringing the case within the exception lies -
aon neither party until evidence is led.
bon the accused, and the court shall presume the absence of such circumstances.
con the court to ascertain suo motu.
don the prosecution throughout.
Answer: B
Under Section 105 BSA (which corresponds to the former Section 105 IEA and now refers to the Bharatiya Nyaya Sanhita, 2023), the burden of proving the existence of circumstances bringing the case within a General Exception lies on the accused, and the court shall presume the absence of such circumstances.
Oral evidence must, in all cases whatever, be direct. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this requirement is laid down in -
aSection 55 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 58 of the Bharatiya Sakshya Adhiniyam, 2023.
cSection 56 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 54 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer: A
Section 55 BSA (formerly Section 60 IEA) requires that oral evidence must in all cases be direct, that is, of the person who actually perceived the fact.
Under Section 119, Illustration (a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless -
ahe is a person of good character.
bthe goods are of small value.
che can account for his possession.
dthe theft was committed in a public place.
Answer: C
Illustration (a) to Section 119 BSA (formerly Illustration (a) to Section 114 IEA) allows the presumption against a person in recent possession of stolen goods unless he can account for his possession.
A confession caused by an inducement, threat, coercion or promise proceeding from a person in authority, having reference to the charge, is irrelevant in a criminal proceeding. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this is provided under -
aSection 25 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 22 of the Bharatiya Sakshya Adhiniyam, 2023.
cSection 23 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 24 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer: B
Section 22 BSA (formerly Section 24 IEA) renders a confession irrelevant where it appears to have been caused by inducement, threat, coercion or promise proceeding from a person in authority and having reference to the charge.
Facts which are the occasion, cause or effect of facts in issue, or which constitute the state of things under which they happened, or afforded an opportunity for their occurrence, are made relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by -
aSection 4 of the Bharatiya Sakshya Adhiniyam, 2023.
bSection 5 of the Bharatiya Sakshya Adhiniyam, 2023.
cSection 6 of the Bharatiya Sakshya Adhiniyam, 2023.
dSection 7 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer: B
Section 5 BSA (formerly Section 7 IEA) makes relevant facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which afforded an opportunity for their occurrence.
The basic structure doctrine, which holds that Parliament cannot amend the Constitution so as to destroy its basic features, was propounded by the Supreme Court in a case arising from this State. The case is -
aMinerva Mills Ltd. v. Union of India.
bKesavananda Bharati v. State of Kerala.
cShankari Prasad v. Union of India.
dGolak Nath v. State of Punjab.
Answer: B
Kesavananda Bharati v. State of Kerala (1973), decided by a 13-Judge Bench, held that the amending power under Article 368 does not extend to altering the basic structure of the Constitution.
By the Forty-fourth Amendment, 1978, the right to property was -
aabolished altogether and given no constitutional protection.
bretained as a fundamental right under Article 19(1)(f).
celevated to a part of the basic structure of the Constitution.
ddeleted from Part III and made a constitutional right under Article 300A.
Answer: D
The 44th Amendment repealed Article 19(1)(f) and Article 31, removing the right to property from the list of fundamental rights and inserting Article 300A in Part XII, making it a constitutional/legal right.
Which one of the following correctly distinguishes the writ jurisdiction of a High Court under Article 226 from that of the Supreme Court under Article 32?
aArticle 226 can be invoked for enforcement of fundamental rights and also for any other purpose.
bArticle 226 cannot be invoked against a private body in any circumstance.
cArticle 226 can be invoked only for enforcement of fundamental rights.
dArticle 226 is confined to issuing only the writ of habeas corpus.
Answer: A
Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for 'any other purpose', making it wider in scope than Article 32, which is confined to fundamental rights.
Part IVA of the Constitution, containing Article 51A on Fundamental Duties, was introduced by -
athe 44th Amendment, 1978.
bthe 1st Amendment, 1951.
cthe original Constitution of 1950.
dthe 42nd Amendment, 1976.
Answer: D
The 42nd Amendment, 1976 inserted Part IVA (Article 51A) prescribing the Fundamental Duties of citizens, on the recommendation of the Swaran Singh Committee.
Article 50 of the Constitution, which directs the State to take steps to separate the judiciary from the executive in the public services of the State, falls under -
aFundamental Duties in Part IVA.
bFundamental Rights in Part III.
cthe provisions relating to the Union Judiciary in Part V.
dDirective Principles of State Policy in Part IV.
Answer: D
Article 50 is a Directive Principle of State Policy under Part IV, enjoining separation of the judiciary from the executive.
Where a constitutional amendment seeks to alter a provision affecting the federal structure, such as the powers of the High Courts, the Bill, in addition to being passed by a special majority of each House of Parliament, must also be ratified by -
atwo-thirds of the State Legislatures.
bthe Rajya Sabha alone by a special majority.
cnot less than one-half of the State Legislatures.
dall the State Legislatures unanimously.
Answer: C
Under the proviso to Article 368(2), amendments touching entrenched federal provisions additionally require ratification by the Legislatures of not less than one-half of the States.
A executes an unregistered written agreement to sell his land to B, who pays a part of the price, is put in possession and constructs a compound wall. A later sues to recover possession. B sets up Section 53A of the Transfer of Property Act, 1882. Which of the following is NOT a condition B must satisfy to claim the protection of part performance?
aThe contract has been registered under the Registration Act before the transferee took possession.
bThe transferee has done some act in furtherance of the contract and is willing to perform his part.
cThe transferee has taken possession, or being already in possession continues in possession, in part performance of the contract.
dThere is a contract in writing signed by the transferor from which the terms of the transfer can be ascertained with reasonable certainty.
Answer: A
Section 53A protects a transferee in possession under a written, signed contract who has done some act in furtherance and is willing to perform; registration of the contract is not a requirement (indeed the doctrine operates precisely where the transfer is incomplete/unregistered).
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for purposes other than agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease -
afrom month to month, terminable by thirty days' notice.
bfrom month to month, terminable by fifteen days' notice.
cfor a fixed term of one year, not terminable by notice.
dfrom year to year, terminable by six months' notice.
Answer: B
Section 106 deems a lease for purposes other than agricultural or manufacturing to be a month-to-month lease terminable by fifteen days' notice; agricultural or manufacturing leases are year-to-year terminable by six months' notice.
A makes a gift of his immovable property to B. For the gift to be valid under Section 123 of the Transfer of Property Act, 1882, the transfer must be effected -
aby an unregistered instrument signed by the donor.
bby a registered instrument signed by the donor, attestation being unnecessary.
cby a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
dby delivery of possession alone.
Answer: C
Section 123 requires a gift of immovable property to be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; gift of movable property may be by registered instrument or by delivery.
During the pendency of a suit relating to immovable property, one party transfers the suit property to a stranger. Which statement correctly reflects the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882?
aThe transfer is voidable only at the option of the transferee.
bThe transfer is wholly void and of no effect whatsoever.
cThe transfer is valid but cannot affect the rights of any other party under the decree that may be passed in the suit.
dThe transfer is valid and the transferee takes free of the result of the suit.
Answer: C
Section 52 does not render a transfer pendente lite void; the transfer is valid but the transferee is bound by the result of the suit and cannot, by the transfer, affect the rights of any other party under the decree.
Which of the following statements is UNTRUE under Section 6 of the Transfer of Property Act, 1882?
aA mere right to sue cannot be transferred.
bAn easement can be transferred apart from the dominant heritage.
cThe chance of an heir-apparent succeeding to an estate cannot be transferred.
dThe chance of a relation obtaining a legacy on the death of a kinsman cannot be transferred.
Answer: B
Under Section 6, an easement cannot be transferred apart from the dominant heritage; spes successionis, a mere right to sue, and the chance of a legacy are all non-transferable.
A, fraudulently representing that he is authorised to transfer certain immovable property, sells it for consideration to B, who acts in good faith. A subsequently acquires an interest in that very property. Under Section 43 of the Transfer of Property Act, 1882 (feeding the grant by estoppel), B may -
aclaim that the after-acquired interest of A enures to the benefit of B at his option, so long as the contract subsists.
bclaim nothing, as the original transfer was void from inception.
conly recover the consideration paid, with no right over the property.
dcompel A to acquire the property afresh for him.
Answer: A
Section 43 embodies feeding the grant by estoppel: where a transferor erroneously or fraudulently represents authority to transfer and later acquires an interest, the transfer operates on that after-acquired interest at the option of a good-faith transferee, while the contract subsists.
B, a bona fide transferee believing himself absolutely entitled to land, makes substantial improvements on it. He is subsequently evicted by C, who establishes a better title. Under Section 51 of the Transfer of Property Act, 1882, B is entitled to require C either to -
ahave the value of the improvement estimated and paid or secured, or to sell his interest in the property to B at its then market value.
bpay double the value of the improvements as a penalty.
crestore possession to B unconditionally.
dpay nothing, as the improvements accede to the land of the true owner.
Answer: A
Section 51 gives a bona fide improving transferee, on eviction by a person with better title, the right to require that person either to pay or secure the estimated value of the improvements, or to sell his interest in the property at its then market value.
Under Section 2(d) of the Indian Contract Act, 1872, consideration may move from -
athe promisee or any other person.
bthe promisee only.
ca party to the contract only.
dthe promisor himself.
Answer: A
Section 2(d) provides that consideration may be furnished by the promisee 'or any other person', recognising the doctrine that consideration need not move from the promisee alone (Chinnaya v. Ramayya).
A agrees to sell to B 'a hundred tons of oil' without specifying the kind of oil. The agreement is -
avalid, as the court can fix the kind of oil.
bvoidable at the option of B.
cvoidable at the option of A.
dvoid for uncertainty under Section 29.
Answer: D
Under Section 29, agreements the meaning of which is not certain, or capable of being made certain, are void. This illustration is given to Section 29 itself, the kind of oil being indeterminate.
Which one of the following statements regarding a 'wagering agreement' under Section 30 of the Indian Contract Act, 1872 is untrue?
aAn agreement by way of wager is void.
bA collateral transaction to a wagering agreement is necessarily also void.
cNo suit lies for recovery of anything won upon a wager.
dA subscription or contribution towards any prize of the value of five hundred rupees or upwards to the winner of a horse-race is saved from the section.
Answer: B
Section 30 makes only the wagering agreement void, not collateral transactions; a collateral agreement is not per se void (Gherulal Parakh v. Mahadeodas). Options (a), (b) and (d) reflect the section accurately.
A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights every week during the next two months, and B engages to pay her 100 rupees for each night's performance. On the sixth night A wilfully absents herself. B is at liberty to -
arescind the contract but B must continue paying for the remaining nights.
bput an end to the contract.
ccompel A to perform the remaining nights by specific performance.
donly claim compensation but not rescind the contract.
Answer: B
Under Section 39, when a party refuses to perform or disables herself from performing her promise in its entirety, the promisee may put an end to the contract. This is the illustration appended to Section 39.
A contract caused by a 'mistake of fact' is void under the Indian Contract Act, 1872 only where -
aboth parties are under a mistake as to a law not in force in India.
bone of the parties is under a mistake as to a matter of fact essential to the agreement.
ceither party is under a mistake as to any matter of fact.
dboth the parties are under a mistake as to a matter of fact essential to the agreement.
Answer: D
Section 20 declares an agreement void where BOTH parties are under a mistake as to a matter of fact essential to the agreement. A unilateral mistake of fact does not, under Section 22, by itself make a contract voidable.
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration is valid if -
ait is a promise to compensate a person who has already voluntarily done something for the promisor.
bit is a promise to make a gift in future to a stranger.
cit is a promise to pay a time-barred debt, made orally and signed by the promisor.
dit is a promise made on account of natural love and affection, expressed in writing and registered, between parties standing in a near relation to each other.
Answer: D
Section 25(1) saves an agreement without consideration if it is in writing, registered, made on account of natural love and affection, and between parties in near relation. The promise to pay a time-barred debt (25(3)) must itself be in writing and signed, so option (c) is wrong as oral.
In which case did the Supreme Court hold that the compulsory administration of narco-analysis, polygraph and Brain Electrical Activation Profile (BEAP) tests violates the right against self-incrimination under Article 20(3) of the Constitution?
aSelvi v. State of Karnataka
bState of Bombay v. Kathi Kalu Oghad
cNandini Satpathy v. P.L. Dani
dM.P. Sharma v. Satish Chandra
Answer: A
In Selvi v. State of Karnataka (2010) 7 SCC 263, the Supreme Court held that the involuntary administration of narco-analysis, polygraph and BEAP tests offends Article 20(3) and the right to privacy under Article 21.
Who was the first woman to be appointed as a Judge of a High Court in India?
aJustice M. Fathima Beevi
bJustice Sujata V. Manohar
cJustice Anna Chandy
dJustice Leila Seth
Answer: C
Justice Anna Chandy, appointed to the High Court of Kerala on 9 February 1959, was the first woman High Court judge in India. (Justice Fathima Beevi was the first woman Supreme Court judge.)
The doctrine of 'absolute liability', as distinguished from the rule of strict liability in Rylands v. Fletcher, was propounded by the Supreme Court in -
aUnion Carbide Corporation v. Union of India
bIndian Council for Enviro-Legal Action v. Union of India
cM.C. Mehta v. Union of India (Oleum Gas Leak case)
dVellore Citizens Welfare Forum v. Union of India
Answer: C
In M.C. Mehta v. Union of India (1987) 1 SCC 395, the Oleum gas leak case, the Court evolved the rule of absolute liability for enterprises engaged in hazardous activities, admitting no exceptions unlike strict liability.
The guidelines to prevent sexual harassment of women at the workplace, which held the field until enactment of the 2013 Act, were laid down by the Supreme Court in -
aApparel Export Promotion Council v. A.K. Chopra
bMedha Kotwal Lele v. Union of India
cBodhisattwa Gautam v. Subhra Chakraborty
dVishaka v. State of Rajasthan
Answer: D
Vishaka v. State of Rajasthan (1997) 6 SCC 241 laid down the Vishaka Guidelines, later substituted by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Passive euthanasia, by withdrawal of life-sustaining treatment from a patient in a permanent vegetative state, was first permitted under guidelines laid down by the Supreme Court in -
aP. Rathinam v. Union of India
bAruna Ramchandra Shanbaug v. Union of India
cGian Kaur v. State of Punjab
dCommon Cause v. Union of India
Answer: B
In Aruna Ramchandra Shanbaug v. Union of India (2011) 4 SCC 454, the Supreme Court permitted passive euthanasia under court-supervised guidelines, while disallowing active euthanasia.
Who was the first Chief Justice of India after the Supreme Court of India was constituted on 28 January 1950?
aM. Patanjali Sastri
bHarilal J. Kania
cSudhi Ranjan Das
dB.K. Mukherjea
Answer: B
Justice Harilal Jekisundas Kania was the first Chief Justice of India, holding office from 28 January 1950 until his death on 6 November 1951; he was succeeded by M. Patanjali Sastri.
In a certain code language, 'COURT' is written as 'DPVSU' and 'JUDGE' is written as 'KVEHF'. Following the same rule, how would the word 'BENCH' be written in that code?
aCFODI
bCFOEI
cADMBG
dCFNDI
Answer: A
Each letter is shifted one position forward in the alphabet (C to D, O to P, and so on). Applying the same +1 shift to BENCH gives C, F, O, D, I, i.e., CFODI.
Q84Reasoning & Mental Ability
Pointing to a photograph, a woman said, 'He is the only son of the mother of my father.' How is the man in the photograph related to the woman?
aUncle
bCousin
cBrother
dFather
Answer: D
The mother of her father is her grandmother, and the only son of that grandmother is the woman's own father. Hence the man is her father.
Q85Reasoning & Mental Ability
A advocate's chamber faces east in the morning. He walks straight ahead, then turns to his right, walks a while and turns to his right again, and finally turns once more to his right. In which direction is he now facing?
aEast
bSouth
cWest
dNorth
Answer: D
Starting facing east, the first right turn makes him face south, the second right turn makes him face west, and the third right turn makes him face north.
Q86Reasoning & Mental Ability
Find the next number in the series: 3, 7, 16, 35, 74, ?
a148
b153
c145
d151
Answer: B
Each term follows the rule: multiply the previous term by 2 and add the increasing odd numbers 1, 2, 3, 4, 5. Thus 74 x 2 + 5 = 153.
Q87Reasoning & Mental Ability
If in a particular year the 1st of March was a Wednesday, on which day of the week did the 1st of April of the same (non-leap) year fall?
aFriday
bSunday
cThursday
dSaturday
Answer: D
March has 31 days; 31 divided by 7 leaves a remainder of 3 odd days. Counting 3 days forward from Wednesday gives Saturday.
Q88Specific Relief Act
After the Specific Relief (Amendment) Act, 2018, specific performance of a contract under Section 10 of the Specific Relief Act, 1963 -
amay be granted in the discretion of the court when there exists no standard for ascertaining actual damage.
bshall be enforced by the court subject to the provisions contained in sub-section (2) of Section 11, Section 14 and Section 16.
cmay be enforced where the act agreed to be done is in the performance of a trust.
dshall be granted only where the plaintiff proves that monetary compensation is not an adequate relief.
Answer: B
The 2018 amendment substituted Section 10, replacing the court's discretion with a mandatory rule that specific performance 'shall be enforced', subject only to Section 11(2), Section 14 and Section 16. Specific performance is now the rule rather than the exception.
A suit by a person dispossessed of immovable property otherwise than in due course of law, filed under Section 6 of the Specific Relief Act, 1963, must be instituted -
awithin three years from the date of dispossession against any person other than the Government.
bwithin six months from the date of dispossession and may be brought against the Government.
cwithin one year from the date of dispossession, including against the Government.
dwithin six months from the date of dispossession and not against the Government.
Answer: D
Under Section 6(2), no suit shall be brought after the expiry of six months from the date of dispossession, nor against the Government. The remedy protects settled possession irrespective of title.
No appeal or review lies from an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963. A person whose suit under Section 6 is dismissed -
ais barred from establishing his title to the property in any subsequent suit.
bis not thereby barred from suing to establish his title to the property and to recover possession thereof.
cmay file an appeal but not a review against the dismissal.
dmay invoke the revisional jurisdiction of the High Court against the dismissal.
Answer: B
Section 6(3) bars any appeal or review against an order or decree under the section, but Section 6(4) expressly preserves the right of the dispossessed person to file a regular suit to establish title and recover possession.
Which of the following contracts cannot be specifically enforced after the Specific Relief (Amendment) Act, 2018 under Section 14 of the Specific Relief Act, 1963?
aA contract for the sale of a particular house held by the defendant as agent of the plaintiff.
bA contract for the transfer of immovable property of which compensation is not an adequate relief.
cA contract for the construction of a building where the work is described with sufficient precision.
dA contract which is in its nature determinable.
Answer: D
As substituted in 2018, Section 14 lists four classes that cannot be specifically enforced, including a contract which is in its nature determinable. The earlier 'no standard for damages' and 'compensation adequate' clauses were removed.
Section 14A, inserted into the Specific Relief Act, 1963 by the Amendment Act of 2018, empowers the court to -
aaward punitive damages where specific performance is refused.
btransfer the suit to a Special Court constituted under the Act.
cengage one or more experts to assist it on any specific issue involved in the suit.
dappoint a receiver to manage the suit property pending adjudication.
Answer: C
Section 14A allows the court, where it considers necessary, to engage one or more experts to assist it on any specific issue in the suit; the expert's opinion and report form part of the record and parties may examine the expert.
Under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a landlord whose right to recover possession arises under an instrument of transfer inter vivos shall NOT be entitled to apply to be put in possession until the expiry of -
athree years from the date of registration of the instrument.
bsix months from the date of the instrument.
ctwo years from the date of the instrument.
done year from the date of the instrument.
Answer: D
The third proviso to Section 11(3) bars a landlord whose right arises under an inter vivos transfer from applying for bona fide-need eviction until one year has expired from the date of the instrument.
In an application for eviction on the ground of arrears of rent under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965, the order directing the tenant to put the landlord in possession shall NOT be executed before the expiry of -
afifteen days from the date of such order.
bone month from the date of such order, or such further period as the Rent Control Court may allow.
ctwo weeks from the date of such order.
dthree months from the date of such order.
Answer: B
Section 11(2)(c) provides that the eviction order on the arrears ground shall not be executed before the expiry of one month (or such further period as the Court may allow), and the order is vacated if the tenant deposits the arrears with interest and costs within that period.
Before filing an application for eviction on the ground of arrears of rent under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965, the landlord must send a registered notice; the tenant can defeat the application by paying the rent together with interest and postal charges within -
afifteen days of receipt of the notice or refusal thereof.
bthirty days of receipt of the notice or refusal thereof.
cone month of receipt of the notice or refusal thereof.
dseven days of receipt of the notice or refusal thereof.
Answer: A
The proviso to Section 11(2)(b) requires a registered notice of default; the application lies only if the tenant fails to pay the rent with interest at six per cent per annum and postal charges within fifteen days of receipt or refusal of the notice.
A tenant in a building governed by the Kerala Buildings (Lease and Rent Control) Act, 1965, sub-lets a portion of the building, the lease conferring no right to sub-let. Before applying for eviction under Section 11(4)(i) for the first time in respect of that tenancy, the landlord must give the tenant a registered notice and an opportunity to terminate the sub-lease within -
aone week of receipt of the notice or refusal thereof.
bthirty days of receipt of the notice or refusal thereof.
cfifteen days of receipt of the notice or refusal thereof.
dtwo months of receipt of the notice or refusal thereof.
Answer: B
The proviso to Section 11(4)(i) requires that for a first application on the sub-letting/transfer ground, the landlord must send a registered notice and the tenant must have failed to terminate the transfer or sub-lease within thirty days of receipt or refusal of the notice.
Where a negotiable instrument is silent as to the rate of interest, interest on the amount due is, by virtue of Section 80 of the Negotiable Instruments Act, 1881 (as amended in 1988), to be calculated at the rate of -
atwelve per centum per annum.
bsix per centum per annum.
ceighteen per centum per annum.
dnine per centum per annum.
Answer: C
Section 80, as substituted by Act 66 of 1988 (w.e.f. 30-12-1988), fixes the rate at eighteen per centum per annum, replacing the earlier six per centum. This is a common trap as the pre-amendment figure is often quoted.
If the amount payable under a negotiable instrument is stated differently in figures and in words, Section 18 of the Negotiable Instruments Act, 1881 provides that -
athe amount stated in words shall be the amount payable.
bthe amount stated in figures shall be the amount payable.
cthe lesser of the two amounts shall be payable.
dthe instrument becomes void for uncertainty.
Answer: A
Under Section 18, where the sum is expressed differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.
A promissory note, not expressed to be payable on demand, at sight or on presentment, is at maturity, under Section 22 of the Negotiable Instruments Act, 1881, on -
athe third day after the day on which it is expressed to be payable.
bthe day on which it is expressed to be payable.
cthe fifth day after the day on which it is expressed to be payable.
dthe day next after the day on which it is expressed to be payable.
Answer: A
Section 22 adds three days of grace; such an instrument matures on the third day after the day on which it is expressed to be payable.
Under Section 87 of the Negotiable Instruments Act, 1881, a material alteration of a negotiable instrument does NOT render the instrument void as against a party who was a party at the time of the alteration where -
athe alteration is trivial in nature.
bthe alteration was made to carry out the common intention of the original parties.
cthe alteration was made by the holder in good faith.
dthe party did not personally suffer any loss by the alteration.
Answer: B
Section 87 voids the instrument against a non-consenting party at the time of alteration, 'unless it was made in order to carry out the common intention of the original parties.'
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