Kerala Judiciary Mock Test 3 — Questions & Solutions
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Under Section 187 BNSS, where investigation cannot be completed and the offence is one not punishable with death, imprisonment for life or imprisonment for ten years or more, the indefeasible right to default bail accrues to the accused if the charge-sheet is not filed within -
aseventy-five days.
bone hundred and twenty days.
csixty days.
dninety days.
Answer: C
Under Section 187 BNSS, the maximum detention pending investigation is ninety days for offences punishable with death, life imprisonment or ten years or more, and sixty days for all other offences; on expiry of sixty days here, the accused is entitled to default bail.
Under Section 479 BNSS, a person who is a first-time offender (never previously convicted of any offence) and is under detention during investigation, inquiry or trial shall be released on bond by the Court once he has undergone detention up to -
aone-fourth of the maximum period of imprisonment specified for the offence.
bone-third of the maximum period of imprisonment specified for the offence.
cone-half of the maximum period of imprisonment specified for the offence.
dthe entire maximum period of imprisonment specified for the offence.
Answer: B
Section 479 BNSS provides that the general undertrial-detention threshold is one-half of the maximum sentence, but for a first-time offender it is reduced to one-third of the maximum period of imprisonment specified for the offence.
Under Section 23 BNSS, a Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding -
aten thousand rupees, or of both.
btwenty-five thousand rupees, or of both.
cone lakh rupees, or of both.
dfifty thousand rupees, or of both, or community service.
Answer: D
Section 23(1) BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Section 472 BNSS introduces a statutory framework for a mercy petition in death sentence cases. A petition to the President or Governor must be filed by the convict, his legal heir or relative, after exhaustion of judicial remedies, within -
aninety days from the date the jail Superintendent informs him of the relevant order.
bsixty days from the date the jail Superintendent informs him of the relevant order.
cthirty days from the date the jail Superintendent informs him of the relevant order.
done hundred and eighty days from the date the jail Superintendent informs him of the relevant order.
Answer: C
Section 472 BNSS, a new provision, requires the mercy petition to be made within thirty days of the jail Superintendent informing the convict of dismissal of appeal or confirmation of the death sentence.
Section 356 BNSS, which introduces trial in absentia, applies only where the accused -
ahas been declared a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest.
bis in custody in another case.
cis a juvenile in conflict with law.
dmerely fails to appear on a single hearing date.
Answer: A
Section 356 BNSS permits inquiry, trial or judgment in absentia only against a proclaimed offender who has absconded to evade trial and where there is no immediate prospect of arresting him.
A person receives information of a cognizable offence committed outside the local jurisdiction of his police station. Under Section 173 BNSS, the officer in charge -
ashall register the First Information Report (a 'Zero FIR') irrespective of the area where the offence is committed.
bmay register it only with the prior sanction of the Superintendent of Police.
cmust refuse to record it and direct the informant to the correct police station.
dshall merely make a station-diary entry and take no further action.
Answer: A
Section 173(1) BNSS statutorily mandates registration of a First Information Report on information of a cognizable offence irrespective of the area where the offence is committed, giving legislative recognition to the 'Zero FIR'.
Under Section 187 BNSS, as interpreted, the fifteen days of police custody that a Magistrate may authorise -
amay be sought at any time during the ninety-day investigation period.
bcannot exceed seven days in the aggregate.
cis limited to a single uninterrupted spell within the first fifteen days only.
dmay be sought within the first forty or sixty days of detention, depending on the offence.
Answer: D
Under Section 187 BNSS the fifteen days of police custody need not be taken at the outset; it may be sought during the initial forty days (offences below ten years) or sixty days (offences of ten years or more) of the detention period.
Section 35(3) BNSS provides that where the arrest of a person is not required for a cognizable offence punishable with imprisonment which may be less than seven years, the police officer shall instead -
aobtain the written sanction of the Magistrate before arrest.
brefer the matter to the Court of Session for directions.
ctake the person into preventive custody for twenty-four hours.
dissue a notice directing the person to appear, and arrest only on non-compliance or where arrest is otherwise necessary.
Answer: D
Section 35(3) BNSS requires the police officer to issue a notice of appearance (in lieu of arrest) for cognizable offences punishable up to seven years where arrest is not necessary; arrest follows only on non-compliance or where reasons for arrest are recorded.
A complainant residing within the jurisdiction of Police Station X is robbed while travelling within the limits of Police Station Y. She approaches Police Station X. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge of Police Station X -
amay register the FIR only after obtaining the prior permission of the Superintendent of Police.
bshall record the information but cannot commence investigation until the case is transferred.
cmust refuse to register the case and direct her to Police Station Y.
dshall register a 'Zero FIR' irrespective of the area where the offence is committed and thereafter forward it to the police station having jurisdiction.
Answer: D
Section 173(1) BNSS expressly permits registration of information on a cognizable offence 'irrespective of the area where the offence is committed' (Zero FIR); the FIR is then forwarded to the station having territorial jurisdiction.
The information relating to a cognizable offence is given orally to an officer in charge of a police station by a woman who is permanently physically disabled. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the recording of such information shall -
abe done at the police station only and signed by the informant.
bbe videographed and the police officer shall get the statement recorded by a Judicial Magistrate as soon as possible.
cbe deferred until a guardian of the informant is present.
dbe recorded only by a woman police officer not below the rank of Sub-Inspector.
Answer: B
The proviso to Section 173(1) BNSS requires that where information is given by a temporarily or permanently mentally or physically disabled person, it shall be videographed and the officer shall get the statement recorded by a Judicial Magistrate under Section 183 as soon as possible.
An accused is in detention pending investigation in respect of an offence punishable with imprisonment which may extend to ten years (not death or life imprisonment). Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period for which he may be detained authorising his default bail entitlement is -
aninety days.
bone hundred and eighty days.
csixty days.
dfifteen days.
Answer: A
Under Section 187(3) BNSS, for an offence punishable with death, imprisonment for life or imprisonment for not less than ten years the limit is ninety days; here the offence carries up to ten years, attracting the ninety-day ceiling, after which the accused becomes entitled to default bail.
A first-time offender, never previously convicted, is an undertrial prisoner. Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he shall be released on bond by the Court if he has undergone detention for a period extending up to -
aone-third of the maximum period of imprisonment specified for the offence.
bthe entire maximum period of imprisonment specified for the offence.
cone-fourth of the maximum period of imprisonment specified for the offence.
done-half of the maximum period of imprisonment specified for the offence.
Answer: A
The first proviso to Section 479(1) BNSS carves out first-time offenders, who shall be released on bond on undergoing detention up to one-third of the maximum period of imprisonment; the general rule is one-half.
A police officer proposes to arrest, without warrant, a person against whom a reasonable complaint exists of having committed a cognizable offence punishable with imprisonment which may extend to seven years. Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer -
amay arrest only after the offence is registered as a Zero FIR.
bshall, instead of arresting, ordinarily issue a notice directing him to appear, arrest being justified only where it is necessary on the recorded grounds.
cmust obtain a warrant from the Magistrate before any arrest.
dmay arrest him in every case as the offence is cognizable.
Answer: B
Section 35(3) BNSS (carrying forward the old Section 41A CrPC notice) requires issuance of a notice of appearance where arrest is not required, for offences punishable with imprisonment up to seven years; arrest is the exception, justified on recorded reasons under Section 35(1).
A Court of a Magistrate of the first class, on conviction, proposes to sentence the accused. Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such a Court may pass a sentence of imprisonment for a term not exceeding -
afive years, or fine not exceeding fifty thousand rupees, or both.
bthree years, or fine not exceeding fifty thousand rupees, or both, or community service.
cthree years, or fine not exceeding ten thousand rupees, or both.
dseven years, or fine not exceeding ten thousand rupees, or both.
Answer: B
Section 23(2) BNSS empowers a Magistrate of the first class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service; the fine ceiling and community service are enhancements over the old Section 29 CrPC.
An offence punishable with imprisonment for ten years is being investigated. Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, makes it obligatory for the officer in charge of the police station, for offences punishable for seven years or more, to -
arecord the confession of the accused before a Magistrate.
bcomplete the investigation within thirty days.
ccause a forensic expert to visit the scene of crime to collect forensic evidence and videograph the process.
dobtain the sanction of the District Magistrate before investigation.
Answer: C
Section 176(3) BNSS mandates that for any offence punishable with imprisonment of seven years or more, the officer in charge shall cause a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process on a mobile phone or electronic device.
In the course of an investigation, a police officer conducts a search of premises and seizes incriminating articles. Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure, including preparation and signing of the list of seized things by witnesses, shall be -
acarried out only after obtaining a search warrant in every case.
battested by two independent witnesses, with no other formality.
creduced to writing and countersigned by the Superintendent of Police.
drecorded through audio-video electronic means, preferably a mobile phone, and the recording forwarded without delay to the Magistrate.
Answer: D
Section 105 BNSS makes it mandatory ('shall') to record the search and seizure process through audio-video electronic means, preferably a mobile phone, and to forward the recording without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
Where a court finds that there exist elements of settlement which may be acceptable to the parties, it may formulate the terms and refer the matter for arbitration, conciliation, judicial settlement including Lok Adalat, or mediation. This power is conferred by -
aSection 9 CPC.
bSection 80 CPC.
cSection 151 CPC.
dSection 89 CPC.
Answer: D
Section 89 CPC empowers the court, where it appears there exist elements of a possible settlement, to refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
On the application of a party to amend his pleadings made after the trial has commenced, the court under the proviso to Order 6 Rule 17 CPC shall not allow the amendment unless it concludes that -
athe opposite party can be compensated by costs.
bin spite of due diligence the party could not have raised the matter before the commencement of the trial.
cthe amendment is necessary to determine the real questions in controversy.
dthe amendment does not change the nature of the suit.
Answer: B
The proviso to Order 6 Rule 17 CPC bars amendment of pleadings after the commencement of trial unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the trial commenced.
A is dispossessed by his neighbour B from a strip of land. Instead of filing a possessory suit, A files a regular civil suit for recovery of possession on the strength of title, but the local Munsiff doubts whether civil courts can entertain the dispute at all. Which statement correctly reflects Section 9 of the Code of Civil Procedure, 1908?
aCivil courts may try only those suits of a civil nature which are expressly conferred on them by statute.
bCivil courts may try all suits of a civil nature except those whose cognizance is expressly or impliedly barred.
cCivil courts may try all suits of a civil nature, and such jurisdiction can never be barred by any statute.
dCivil courts may try a suit of a civil nature only if no question of title is involved.
Answer: B
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature 'excepting suits of which their cognizance is either expressly or impliedly barred'. The bar must be express or implied; it is not presumed.
In a suit for permanent prohibitory injunction the question of title was directly and substantially in issue, parties led evidence on title, and the suit was dismissed after a contested trial. The plaintiff thereafter files a fresh suit for recovery of possession on the strength of the same title against the same defendant. The second suit is -
anot barred, because a title issue cannot be decided in an injunction suit.
bbarred only by Order 2 Rule 2 CPC, not by res judicata.
cbarred by res judicata under Section 11 CPC.
dnot barred, because the reliefs claimed in the two suits are different.
Answer: C
Where title was directly and substantially in issue, heard and finally decided between the same parties in the earlier suit, Section 11 CPC bars its re-agitation in a later suit even if the relief differs.
A suit between the same parties on the same matter in issue is already pending in a competent court of concurrent jurisdiction. A second suit on the same matter is instituted in another such court. Under Section 10 CPC, the proper course for the court in which the later suit is filed is to -
astay the trial of the later suit, but not dismiss it.
bdismiss the later suit as barred by res judicata.
creturn the plaint in the later suit for presentation to the first court.
dconsolidate both suits and proceed with a joint trial.
Answer: A
Section 10 CPC (res sub judice) directs the court not to proceed with the trial of the later suit; it is stayed, not dismissed. A decree passed in breach of Section 10 is not a nullity, but trial must be stayed.
A wishes to sue the State of Kerala in respect of an act done by a public officer in his official capacity. Having served the statutory notice, after what period from delivery of the notice may the suit be instituted under Section 80(1) CPC?
aAfter the expiry of three months next after delivery of the notice.
bAfter the expiry of two months next after delivery of the notice.
cAfter the expiry of one month next after delivery of the notice.
dAfter the expiry of six months next after delivery of the notice.
Answer: B
Section 80(1) CPC bars institution of such a suit until the expiry of two months next after delivery of the written notice to the Government or public officer.
A plaintiff seeks urgent and immediate relief against the State without serving the two-month notice required by Section 80(1) CPC. Under Section 80(2) CPC, such a suit may be instituted -
aonly after the court has first heard the Government on a separate application.
bonly where the relief claimed is a declaration and not an injunction.
cas of right, since urgency wholly dispenses with the requirement of notice.
dwith the leave of the court, but no relief shall be granted without giving the Government a reasonable opportunity of showing cause.
Answer: D
Section 80(2) CPC permits a suit for urgent or immediate relief to be filed with the court's leave without prior notice, but the court shall not grant relief (interim or otherwise) without giving the Government a reasonable opportunity to show cause.
A decree is passed in a suit of a nature cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed the statutory limit. Under Section 96(4) CPC, an appeal from such a decree -
alies both on questions of law and fact without any monetary restriction.
blies only on a question of law where the value does not exceed three thousand rupees.
cdoes not lie at all in any small cause suit.
dlies only on a question of fact where the value does not exceed ten thousand rupees.
Answer: B
Section 96(4) CPC bars an appeal, except on a question of law, from a decree in a small-cause-nature suit where the value of the original suit does not exceed three thousand rupees.
A second appeal is sought to be filed before the High Court under Section 100 CPC. The High Court can entertain and admit such a second appeal only if -
aa fresh question of fact arises which was not raised before the first appellate court.
bthe lower appellate court's finding of fact is shown to be against the weight of evidence.
cthe case involves a substantial question of law, which must be formulated by the court.
dthe value of the subject-matter exceeds three thousand rupees, irrespective of any question of law.
Answer: C
Section 100 CPC permits a second appeal only where the High Court is satisfied the case involves a substantial question of law; such question must be formulated at admission. A second appeal does not lie on mere questions of fact.
Under Section 115 CPC, the High Court may call for the record of a case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have -
acommitted any error of law or fact, however immaterial to the result of the case.
bdecided the case in a manner causing inconvenience to one of the parties.
cmerely reached a conclusion with which the High Court disagrees on the merits.
dexercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction.
Answer: D
Revisional jurisdiction under Section 115 CPC is confined to jurisdictional errors: exercising a jurisdiction not vested, failing to exercise vested jurisdiction, or acting illegally or with material irregularity in the exercise of jurisdiction. It is not a second appeal on merits.
A decree under which money had been paid by the judgment-debtor is later reversed in appeal. The court of first instance is moved to direct refund of the amount with interest. The appropriate provision empowering the court to grant such restitution is -
aSection 47 CPC.
bSection 151 CPC alone, as no specific provision exists.
cSection 144 CPC.
dOrder 21 Rule 89 CPC.
Answer: C
Section 144 CPC provides for restitution: where a decree is varied or reversed in appeal, the court of first instance shall, on application, place the parties in the position they would have occupied but for the decree, including refund of money with interest.
A defendant against whom an ex parte decree has been passed applies under Order 9 Rule 13 CPC to have it set aside. The court shall set aside the decree if the defendant satisfies the court that -
amore than thirty days have elapsed since the date of the decree.
bthe decree was passed without recording reasons in writing.
cthe summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing.
dhe has a good defence on the merits, irrespective of whether summons was served.
Answer: C
Under Order 9 Rule 13 CPC, an ex parte decree is set aside where the defendant shows the summons was not duly served, or that he was prevented by sufficient cause from appearing at the hearing.
A sole defendant dies during the pendency of a suit and the right to sue survives. The plaintiff omits to apply to bring the legal representatives on record within the period of limitation prescribed therefor. The consequence under Order 22 CPC is that -
athe suit stands automatically dismissed for default of the plaintiff.
bthe suit is stayed until the heirs voluntarily apply to be impleaded.
cthe court must continue the suit against the surviving heirs without any application.
dthe suit abates as against the deceased defendant.
Answer: D
Under Order 22 Rule 4 CPC, if the legal representatives of a deceased defendant are not brought on record within the limitation period (90 days under Article 120 of the Limitation Act, 1963), the suit abates as against the deceased defendant.
Two or more persons agree to do, or cause to be done, an illegal act, or a legal act by illegal means. Under the Bharatiya Nyaya Sanhita, 2023, this constitutes -
acriminal conspiracy under Section 61.
bunlawful assembly under Section 189.
ccommon intention under Section 3(5).
dabetment under Section 45.
Answer: A
Section 61 BNS defines criminal conspiracy; except for an agreement to commit an offence, an overt act in pursuance of the agreement is required. This corresponds to Section 120A IPC.
Whoever, being the husband or a relative of the husband of a woman, subjects such woman to cruelty is punished, under the Bharatiya Nyaya Sanhita, 2023, under -
aSection 80.
bSection 85.
cSection 86.
dSection 74.
Answer: B
Section 85 BNS penalises cruelty by the husband or his relatives with imprisonment up to three years and fine; Section 86 supplies the definition of cruelty. This corresponds to Section 498A IPC.
Under the Bharatiya Nyaya Sanhita, 2023, which of the following is NOT among the kinds of hurt designated as "grievous" under Section 116?
aEmasculation.
bAny hurt which causes the sufferer to be in severe bodily pain during the space of ten days.
cFracture or dislocation of a bone or tooth.
dPermanent privation of the sight of either eye.
Answer: B
Section 116 BNS retains the grievous-hurt categories of the old Section 320 IPC, where the qualifying period of severe bodily pain or inability to follow ordinary pursuits is fifteen days, not ten days.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided in -
aSection 101.
bSection 100.
cSection 105.
dSection 103.
Answer: D
Section 101 BNS defines murder while Section 103 prescribes the punishment, namely death or imprisonment for life and fine; Section 105 deals with culpable homicide not amounting to murder.
Under the Bharatiya Nyaya Sanhita, 2023, which one of the following has been introduced for the first time as a category of punishment in addition to death, imprisonment for life, imprisonment, forfeiture of property and fine?
aSolitary confinement
bExternment
cWhipping
dCommunity service
Answer: D
Section 4 of the BNS, 2023 lists the punishments, and clause (f) introduces 'community service' as a new form of punishment not present in the erstwhile IPC.
Where five or more persons acting in concert commit murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member of the group is punishable under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 101(2)
bSection 103(1)
cSection 103(2)
dSection 111(1)
Answer: C
Section 103(2) BNS, 2023 deals expressly with mob lynching, requiring a group of five or more persons committing murder on the enumerated discriminatory grounds, punishable with death or imprisonment for life and fine.
Under Section 106 of the Bharatiya Nyaya Sanhita, 2023, a person who causes death by a rash or negligent act not amounting to culpable homicide, and escapes from the scene without reporting the incident to a police officer or Magistrate soon after, is liable to enhanced punishment which may extend to -
aten years
bseven years
ctwo years
dfive years
Answer: A
Section 106(2) BNS, 2023 is a new provision: where the offender escapes from the scene without reporting to the police or Magistrate soon after the incident, the imprisonment may extend to ten years and fine.
In the definition of rape under Section 63 of the Bharatiya Nyaya Sanhita, 2023, sexual intercourse with a woman is rape with or without her consent when she is under the age of -
afifteen years
bsixteen years
ctwenty-one years
deighteen years
Answer: D
The 'Sixthly' clause of Section 63 BNS, 2023 makes intercourse with a woman below eighteen years of age rape irrespective of her consent.
A man, without any intention of fulfilling it, makes a false promise of marriage to a woman and thereby has sexual intercourse with her, such intercourse not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023 he is liable under -
aSection 69
bSection 64
cSection 75
dSection 84
Answer: A
Section 69 BNS, 2023 is a new offence punishing sexual intercourse obtained by deceitful means or a false promise of marriage made without intention to fulfil it, with imprisonment up to ten years and fine.
Whoever commits rape on a woman under sixteen years of age shall be punished under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023 with rigorous imprisonment for a term which shall not be less than -
atwenty years
bten years
cfourteen years
dseven years
Answer: A
Section 65(1) BNS, 2023 prescribes a minimum of twenty years rigorous imprisonment, which may extend to imprisonment for the remainder of natural life, for rape of a woman under sixteen years of age.
Under Section 80 of the Bharatiya Nyaya Sanhita, 2023, for an offence of dowry death the death of a woman by burns or bodily injury, otherwise than under normal circumstances, must occur within -
afive years of her marriage
bten years of her marriage
cthree years of her marriage
dseven years of her marriage
Answer: D
Section 80 BNS, 2023 retains the requirement that the death occur within seven years of marriage and be connected with cruelty or harassment for or in connection with a demand for dowry.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed by taking or enticing a child out of the keeping of the lawful guardian without consent, where the child is below the age of -
afourteen years, whether male or female
beighteen years, whether male or female
ctwelve years for males and sixteen years for females
dsixteen years for males and eighteen years for females
Answer: B
Unlike the old IPC distinction of 16 years (males) and 18 years (females), Section 137 BNS, 2023 adopts a uniform threshold of below eighteen years for any child, regardless of sex.
Theft becomes 'snatching' under the Bharatiya Nyaya Sanhita, 2023 when, in order to commit theft, the offender suddenly, quickly or forcibly seizes, secures or grabs movable property. This offence is dealt with under -
aSection 304
bSection 303
cSection 305
dSection 309
Answer: A
Section 304 BNS, 2023 introduces 'snatching' as a distinct offence for the first time, punishable with imprisonment which may extend to three years and fine.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against an accused, and a conviction is not illegal if it proceeds upon his corroborated testimony. The rule of prudence requiring corroboration in material particulars is, however, reinforced by -
aSection 119, Illustration (a).
bSection 137.
cSection 124.
dSection 119, Illustration (b).
Answer: D
Section 138 BSA, as enacted, makes an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon his corroborated testimony; read with it, Illustration (b) to Section 119 BSA embodies the rule of prudence that the court may presume an accomplice unworthy of credit unless corroborated in material particulars.
A document purporting to be thirty years old is produced before the court. Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that the signature and execution are genuine, provided the document is -
aregistered under the Registration Act, 1908.
battested by two witnesses who are alive.
csupported by an affidavit of the executant's heir.
dproduced from proper custody.
Answer: D
The discretionary presumption under Section 92 BSA arises only where a document thirty years old is 'produced from proper custody', proper custody being the foundational condition for the presumption.
The examination of a witness, subsequent to his cross-examination, by the party who called him is termed, under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
across-examination.
bexamination-in-chief.
cre-examination.
dfurther examination-in-chief.
Answer: C
Section 142 BSA defines re-examination as the examination of a witness, subsequent to the cross-examination, by the party who called him.
During trial a witness called by the prosecution resiles from his earlier statement and appears to be suppressing the truth. The court, under Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), may -
adirect that his entire testimony be expunged from the record.
bin its discretion, permit the party who called him to put questions which might be put in cross-examination.
ccompel the opposite party to re-examine the witness.
dconvict him of perjury then and there without inquiry.
Answer: B
Section 157 BSA empowers the court, in its discretion, to permit the party calling a witness to put questions in the nature of cross-examination, the procedure usually invoked when a witness turns hostile.
When the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. This rule is contained in -
aSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
bSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
cSection 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
dSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Answer: A
Section 39 BSA makes relevant the opinions of experts on points of foreign law, science, art, or the identity of handwriting or finger impressions.
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that oral evidence must in all cases be direct. Accordingly, if oral evidence refers to a fact which could be seen, it must be the evidence of a witness who says -
ahe saw it.
bhe believes the fact to be true.
che heard of it from a reliable source.
dhe was told by another that the fact occurred.
Answer: A
Section 55 BSA requires that a fact capable of being seen be proved by the evidence of a witness who says he saw it, thereby excluding hearsay.
Under the Bharatiya Sakshya Adhiniyam, 2023, which provision lays down that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 22
bSection 23(1)
cSection 24
dSection 26
Answer: B
Section 23(1) BSA bars proof of a confession made to a police officer against an accused. Section 22 deals with confessions caused by inducement, threat or promise, and Section 24 with confessions of a co-accused.
A is in the custody of a police officer and makes a confession. Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, such a confession may nevertheless be proved against him if it is made -
ain the presence of two independent witnesses.
bin the immediate presence of a Magistrate.
cafter the accused is informed of his right to counsel.
dbefore a Superintendent of Police.
Answer: B
Section 23(2) BSA renders a confession made in police custody inadmissible unless it is made in the immediate presence of a Magistrate, preserving the safeguard formerly in Section 26 of the Indian Evidence Act.
When an accused in police custody gives information leading to the discovery of a fact, the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 permits proof of -
athe information only if reduced to writing and signed by the accused.
bso much of the information, whether amounting to a confession or not, as relates distinctly to the fact discovered.
conly that part of the information which is independently corroborated.
dthe entire confessional statement once a fact is discovered.
Answer: B
The proviso to Section 23(2) BSA (carrying forward the old Section 27 IEA) allows only so much of the information as relates distinctly to the fact thereby discovered to be proved, whether or not it amounts to a confession.
Two persons are tried jointly for the same offence and one makes a confession affecting himself and the other. Under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023, the court -
amay take such confession into consideration against the co-accused as well.
bmust ignore the confession qua the co-accused entirely.
cshall treat the confession as conclusive proof against both.
dshall presume the guilt of the co-accused.
Answer: A
Section 24 BSA provides that such a confession may be taken into consideration against the co-accused jointly tried. Explanation II treats a trial held in the absence of an absconder proclaimed under Section 84 BNSS as a joint trial for this purpose.
A statement made by a person, since deceased, as to the cause of his death or the circumstances of the transaction resulting in his death, is relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 19
bSection 26
cSection 39
dSection 32
Answer: B
Section 26 BSA (formerly Section 32 of the Indian Evidence Act) makes relevant statements of a dead or unfindable person, including dying declarations as to the cause of death or the circumstances of the transaction which resulted in death.
Opinion of a person specially skilled in science, art, foreign law, handwriting, finger impressions or any other field is, under the Bharatiya Sakshya Adhiniyam, 2023, dealt with by -
aSection 47
bSection 45
cSection 39
dSection 51
Answer: C
Section 39 BSA governs opinions of experts and notably expands the field to 'any other field' beyond the categories listed in Section 45 of the Indian Evidence Act.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) of Article 368 (introduced by the 42nd Amendment) on the ground that they -
aabolished the office of the Comptroller and Auditor-General.
bcurtailed the jurisdiction of the Election Commission.
csought to convert the limited amending power of Parliament into an unlimited power and excluded judicial review.
dtransferred the residuary powers from the Union to the States.
Answer: C
Minerva Mills held that clauses (4) and (5) of Article 368 destroyed the basic structure by conferring unlimited amending power on Parliament and barring courts from questioning amendments.
The right to property, originally a fundamental right under Article 31, was deleted from Part III and made a constitutional/legal right under Article 300A by the -
a44th Amendment, 1978.
b25th Amendment, 1971.
c42nd Amendment, 1976.
d24th Amendment, 1971.
Answer: A
The Constitution (Forty-fourth Amendment) Act, 1978 omitted Article 31 (and Article 19(1)(f)) and inserted Article 300A, converting the right to property into a mere legal right.
After the deletion of clause (f) by the 44th Amendment, how many freedoms are guaranteed to citizens under Article 19(1) of the Constitution?
aFive freedoms.
bEight freedoms.
cSix freedoms.
dSeven freedoms.
Answer: C
The freedom to acquire, hold and dispose of property under Article 19(1)(f) was deleted by the 44th Amendment, leaving six freedoms under Article 19(1).
Which one of the following statements as to the writ jurisdiction of the High Court under Article 226 vis-a-vis the Supreme Court under Article 32 is correct?
aArticle 226 is wider than Article 32 as a writ thereunder may issue not only for enforcement of fundamental rights but also for "any other purpose".
bArticle 226 is narrower than Article 32 as it can be invoked only for enforcement of fundamental rights.
cBoth Articles 226 and 32 stand suspended automatically on a proclamation of Emergency.
dArticle 226, like Article 32, is itself a fundamental right.
Answer: A
Article 226 empowers a High Court to issue writs for enforcement of fundamental rights and for "any other purpose", making it wider than Article 32; it is not itself a fundamental right and is not automatically suspended during Emergency.
Constitutional status was conferred on Municipalities by the insertion of Part IX-A into the Constitution through the -
aSeventy-fourth Amendment Act, 1992.
bSeventy-third Amendment Act, 1992.
cSixty-fifth Amendment Act, 1990.
dSixty-first Amendment Act, 1989.
Answer: A
The Constitution (Seventy-fourth Amendment) Act, 1992 inserted Part IX-A (Articles 243-P to 243-ZG) dealing with Municipalities, while the 73rd Amendment dealt with Panchayats.
Under Part IX-A of the Constitution, the question whether an area is to be constituted as a "metropolitan area" is referable to its population, which must exceed -
atwenty lakhs.
bthree lakhs.
cfive lakhs.
dten lakhs.
Answer: D
Under Article 243-P, a "metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts.
A lease of agricultural land, in the absence of a contract or local usage to the contrary, is under Section 106 of the Transfer of Property Act, 1882 deemed to be a lease from year to year, terminable on the part of either party by -
asix months' notice expiring with the end of a year of the tenancy.
bfifteen days' notice expiring with the end of a month.
cninety days' notice expiring with the end of a year.
dthirty days' notice expiring with the end of a year.
Answer: A
Under Section 106, a lease for agricultural or manufacturing purposes is deemed to be from year to year, terminable by six months' notice; other leases are month-to-month, terminable by fifteen days' notice.
Under Section 5 of the Transfer of Property Act, 1882, the expression "transfer of property" means an act by which a living person conveys property to one or more other living persons. In this context, "living person" -
aexcludes a company or an association in every case.
bis confined to natural persons of full age and sound mind.
cincludes only persons competent to contract under Section 11 of the Indian Contract Act, 1872.
dincludes a company, association or body of individuals, whether incorporated or not.
Answer: D
Section 5 expressly provides that "living person" includes a company or association or body of individuals, whether incorporated or not, and the section applies to a transfer between two or more such living persons.
A, the eldest son and heir-apparent of B who is alive, sells to C for consideration his expectancy of succeeding to B's estate. The transfer is -
avalid, as A has a present saleable interest.
bvoidable at the option of B.
cvoid, being a transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis) under Section 6(a).
dvalid only if attested by two witnesses and registered.
Answer: C
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred; such a transfer is void ab initio.
Which one of the following statements regarding Section 6 of the Transfer of Property Act, 1882 is UNTRUE?
aA mere right to sue cannot be transferred.
bAn easement may be transferred apart from the dominant heritage.
cA right to future maintenance, in whatsoever manner arising, cannot be transferred.
dThe chance of a relation obtaining a legacy on the death of a kinsman cannot be transferred.
Answer: B
Section 6(c) provides that an easement cannot be transferred apart from the dominant heritage; the other three statements correctly reflect clauses (e), (dd) and (a) of Section 6.
A, falsely representing that he is authorised to transfer certain immovable property, sells it for consideration to B. A in fact had no title at the time, but subsequently acquires the property. Under Section 43 of the Transfer of Property Act, 1882 -
aB must file a fresh suit for specific performance as the original transfer is a nullity.
bthe sale is void and B acquires nothing even after A acquires title.
cthe doctrine applies only where the misrepresentation was fraudulent and not where it was merely erroneous.
dat the option of B, the transfer operates on the interest which A subsequently acquires, so long as the contract subsists and A has not transferred it to a bona fide transferee for value without notice.
Answer: D
Section 43 (rule of feeding the grant by estoppel) allows the transferee, at his option, to claim the interest the transferor later acquires while the contract subsists, save where it has passed to a bona fide purchaser for value without notice; it applies whether the representation was fraudulent or erroneous.
With the implied consent of the real owner, X is the ostensible owner of certain immovable property and transfers it for consideration to Y. The true owner later seeks to avoid the transfer. Under Section 41 of the Transfer of Property Act, 1882, the transfer is NOT voidable on the ground that X was not authorised, provided that -
athe transfer was gratuitous and made before any suit was filed.
bthe transferee took reasonable care to ascertain that the transferor had power to make the transfer and acted in good faith.
cthe transferee acted in good faith only, irrespective of any enquiry.
dthe real owner had given his consent in writing and registered it.
Answer: B
Section 41 protects a transferee for consideration from an ostensible owner only if he took reasonable care to ascertain the transferor's power and acted in good faith.
During the pendency of a suit in which the right to specified immovable property is directly and specifically in question, a party to the suit transfers that property to a stranger. Under the doctrine of lis pendens in Section 52 of the Transfer of Property Act, 1882 -
athe transfer is void from inception.
bthe transfer is valid and binds the other party absolutely.
cthe transfer is permissible only with the prior leave of the court in every case, failing which it is illegal and punishable.
dthe transfer is valid between the parties to it, but the transferee takes subject to the result of the suit and cannot affect the rights of the other party under the decree.
Answer: D
Section 52 does not avoid the transfer; the transferee pendente lite is bound by the result of the suit and the transfer cannot affect the rights of any other party under the decree, unless the court otherwise directs.
Which of the following statements as to the agent's authority in an emergency is correct?
aAn agent in an emergency may act only to protect his own interest.
bAn agent has no authority to act in an emergency without the principal's express consent.
cAn agent in an emergency may bind a third party without consideration.
dAn agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence in his own case.
Answer: D
Section 189 gives an agent authority in an emergency to do all such acts for protecting his principal from loss as a person of ordinary prudence would do in his own case under similar circumstances (agency of necessity).
Where a person enjoys the benefit of a non-gratuitous act lawfully done for him by another not intending to act gratuitously, the person enjoying the benefit is bound to make compensation. This obligation arises under -
aSection 68 of the Indian Contract Act, 1872.
bSection 69 of the Indian Contract Act, 1872.
cSection 72 of the Indian Contract Act, 1872.
dSection 70 of the Indian Contract Act, 1872.
Answer: D
Section 70 deals with the obligation of a person enjoying the benefit of a non-gratuitous act, a species of quasi-contract. Section 68 concerns necessaries supplied to incapable persons, Section 69 reimbursement of one paying money another was bound to pay, and Section 72 money paid by mistake or under coercion.
An agreement in restraint of the marriage of any person, other than a minor, is -
avoid under Section 26 of the Indian Contract Act, 1872.
bvalid in all cases.
cvoidable at the option of the person restrained.
dvalid only if the restraint is partial.
Answer: A
Section 26 declares every agreement in restraint of the marriage of any person, other than a minor, to be void. Unlike restraint of trade (Section 27), no partial-restraint exception is recognised.
A promises, by a writing duly registered, to pay his married daughter B a sum of Rs. 50,000 out of natural love and affection. B receives no consideration in money or money's worth for this promise. If A refuses to pay, can B enforce the promise?
aNo, because every agreement without consideration is void under Section 25.
bYes, because a written and registered promise made on account of natural love and affection between parties standing in a near relation is a valid contract under the first exception to Section 25.
cYes, but only if B proves that she suffered detriment in reliance on the promise.
dNo, because natural love and affection is not recognised as consideration in Indian law.
Answer: B
Section 25(1) of the Indian Contract Act makes an agreement without consideration valid if it is expressed in writing, registered, and made on account of natural love and affection between parties in a near relation; all three conditions are satisfied here.
X, a tradesman, owes Y a debt the recovery of which is barred by the law of limitation. X signs a writing in which he promises to pay Y the amount of the debt. Which statement is correct?
aThe promise is void as it lacks consideration and the debt is unenforceable.
bThe promise is enforceable only if it is also registered.
cThe promise is voidable at the option of X.
dThe promise is valid and enforceable as a contract under the third exception to Section 25, the writing being signed by the person to be charged.
Answer: D
Under the third exception to Section 25, a written promise signed by the person to be charged (or his authorised agent) to pay wholly or in part a time-barred debt is a valid contract; registration is not required for this exception.
A minor fraudulently represents himself as a major and mortgages his immovable property to secure a loan. On the principle laid down in Mohori Bibee v. Dharmodas Ghose, the agreement is -
avalid, because the minor is estopped by his misrepresentation.
bvoid ab initio, and the doctrine of estoppel does not apply against the minor.
cvoidable at the option of the minor.
dvalid until the minor attains majority and elects to avoid it.
Answer: B
Following Mohori Bibee v. Dharmodas Ghose, an agreement by a minor is void ab initio; estoppel does not operate where the other party knew of the minority, and Sections 64 and 65 do not apply as there was no contract at all.
Which one of the following pairs of a writ and its literal meaning is correctly matched?
aHabeas Corpus — 'we command'
bMandamus — 'to have the body'
cQuo Warranto — 'by what authority'
dCertiorari — 'to forbid'
Answer: C
Quo Warranto literally means 'by what authority' and questions a person's right to hold a public office. Habeas Corpus means 'to have the body', Mandamus means 'we command', and Certiorari means 'to be certified'.
The doctrine of 'basic structure' of the Constitution, which limits Parliament's amending power under Article 368, was propounded by the Supreme Court in a case arising out of a challenge by the head of a religious mutt in Kerala. That case is -
aGolak Nath v. State of Punjab
bMinerva Mills Ltd. v. Union of India
cKesavananda Bharati v. State of Kerala
dIndira Nehru Gandhi v. Raj Narain
Answer: C
Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, decided by a 13-judge Bench, held that Parliament cannot amend the basic structure of the Constitution.
The maxim 'qui facit per alium facit per se', frequently invoked in the law of agency and vicarious liability, means -
ahe who does an act through another does it himself
bno man can transfer a better title than he himself has
cwhere there is a right, there is a remedy
dthe burden of proof lies on the one who asserts
Answer: A
'Qui facit per alium facit per se' means he who acts through another is deemed to act himself; it is the foundation of a principal's liability for the acts of his agent.
In which landmark decision, arising out of a challenge by the head of a religious mutt in Kerala to the 24th, 25th and 29th Constitutional Amendments, did the Supreme Court evolve the 'basic structure' doctrine?
aShankari Prasad v. Union of India
bGolak Nath v. State of Punjab
cMinerva Mills Ltd. v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by 7:6 that Parliament may amend any part of the Constitution under Article 368 but cannot alter or destroy its basic structure.
Who has the distinction of being the first woman to be appointed a Judge of a High Court in India, having been elevated to the High Court of Kerala in 1959?
aJustice Leila Seth
bJustice Anna Chandy
cJustice M. Fathima Beevi
dJustice Sujata Manohar
Answer: B
Anna Chandy became the first woman High Court Judge in India on her appointment to the Kerala High Court on 9 February 1959; Justice M. Fathima Beevi was later the first woman Judge of the Supreme Court (1989).
In which case did the Supreme Court hold that the compulsory administration of narco-analysis, polygraph and Brain Electrical Activation Profile tests amounts to testimonial compulsion violative of Article 20(3)?
aSelvi v. State of Karnataka
bNandini Satpathy v. P.L. Dani
cState of Bombay v. Kathi Kalu Oghad
dM.P. Sharma v. Satish Chandra
Answer: A
In Selvi v. State of Karnataka (2010), the Supreme Court held that forcible administration of these neuroscientific techniques violates the right against self-incrimination under Article 20(3) and the personal liberty guaranteed by Article 21.
121, 144, 169 and 196 are perfect squares (11, 12, 13 and 14 squared). 220 is not a perfect square, so it is the odd one out.
Q84Reasoning & Mental Ability
Six advocates A, B, C, D, E and F are seated around a circular table facing the centre. A sits second to the right of B, who sits to the immediate left of C. D is not a neighbour of A or B. E sits to the immediate right of C. Who sits opposite to A?
aE
bD
cF
dC
Answer: B
Placing them clockwise: B, C, E, A, F, D around the table satisfies all conditions, with A second to the right of B and E immediately right of C. The seat directly opposite A is occupied by D.
Q85Reasoning & Mental Ability
A clock shows the time as 3:00. Through how many degrees does the hour hand move when the time changes from 3:00 to 3:40?
a30 degrees
b20 degrees
c18 degrees
d24 degrees
Answer: B
The hour hand moves 0.5 degrees per minute. In 40 minutes it moves 40 x 0.5 = 20 degrees.
Q86Reasoning & Mental Ability
If GAVEL is coded as 7-1-22-5-12 using the position of each letter in the alphabet, what is the code for the word LAW?
a11-1-23
b12-2-23
c12-1-23
d12-1-22
Answer: C
Each letter is replaced by its serial position in the alphabet. L is 12, A is 1 and W is 23, giving 12-1-23.
Q87Reasoning & Mental Ability
Introducing a boy, Meera said, 'He is the son of my grandfather's only daughter.' If Meera has no siblings, how is the boy related to Meera?
aHe is Meera's nephew
bHe is Meera himself; the statement is impossible
cHe is Meera's cousin
dHe is Meera's brother
Answer: C
Meera's grandfather's only daughter is Meera's aunt (her father's sister), since Meera's own mother would be the daughter-in-law, not the daughter. The aunt's son is therefore Meera's cousin.
Q88Specific Relief Act
An instrument may be rectified under Section 26 of the Specific Relief Act, 1963 where, through fraud or a mutual mistake of the parties, the instrument does not express their real intention. Such rectification may be claimed -
aby either party at any stage, even without any pleading to that effect.
bin any suit in which any right arising under the instrument is in issue, if the relief is specifically claimed in the pleading.
conly after the instrument has first been judicially cancelled under Section 31.
donly by a plaint specifically and exclusively seeking the relief of rectification.
Answer: B
Under Section 26(2) and (4), rectification may be claimed by a plaintiff or resisting defendant in any suit in which a right under the instrument is in issue, but the court shall not grant it unless it has been specifically claimed in the pleadings (with liberty to amend).
Where a decree for specific performance is obtained but the purchaser fails to pay the purchase money within the time allowed, the vendor, under Section 28 of the Specific Relief Act, 1963, may -
aonly sue the purchaser for damages for the breach.
bfile a fresh suit for rescission of the contract.
capply in the same suit in which the decree was made to have the contract rescinded.
dexecute the decree to recover possession of the property.
Answer: C
Section 28 empowers the court that passed the decree, on an application in the same suit, to rescind the contract where the purchaser or lessee does not pay the purchase money within the period fixed; a separate suit is not required.
A plaintiff entitled to a mere declaration of title under Section 34 of the Specific Relief Act, 1963, who is able to seek further relief but omits to do so, suffers the consequence that -
athe court shall mould the relief and grant the consequential relief suo motu.
bthe declaration may be granted but execution thereof is barred.
cthe suit must be returned for presentation to the proper court.
dno court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
Answer: D
The proviso to Section 34 bars a court from making a declaration of right or status where the plaintiff, being able to seek further relief than a mere declaration, omits to seek such relief.
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted -
ato prevent the breach of an obligation existing in favour of the applicant.
bto restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.
cto prevent a continuing breach in which the plaintiff has acquiesced, only with leave of the court.
dto perform a positive contractual obligation capable of specific enforcement.
Answer: B
Section 41(b) provides that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a court which is not subordinate to that from which the injunction is sought.
Under Section 38 of the Specific Relief Act, 1963, a perpetual injunction to prevent the breach of an obligation existing in favour of the plaintiff may be granted where the defendant invades the plaintiff's right to, or enjoyment of, property and -
athe invasion is such that compensation in money would not afford adequate relief, or the injunction is necessary to prevent a multiplicity of judicial proceedings.
bcompensation in money would afford adequate relief in all such cases.
cthe defendant is a trustee of the property for the plaintiff in every case.
dthe plaintiff has no other remedy available under any law for the time being in force.
Answer: A
Section 38(3) permits a perpetual injunction where the defendant invades the plaintiff's right to enjoyment of property, including where compensation in money would not afford adequate relief or where the injunction is necessary to prevent a multiplicity of judicial proceedings.
An appeal against an order of the Rent Control Court under the Kerala Buildings (Lease and Rent Control) Act, 1965, must be preferred to the appellate authority within -
athirty days from the date of the order, excluding time taken to obtain a certified copy of the order.
bninety days from the date of communication of the order.
csixty days from the date of the order, excluding time for obtaining a certified copy.
dfifteen days from the date of the order.
Answer: A
Section 18(1)(b) allows an aggrieved person to appeal within thirty days from the date of the order, and the time taken to obtain a certified copy of the order appealed against is excluded in computing that period.
Under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, where the appellate authority is a Subordinate Judge, the revisional power to call for and examine the records of proceedings is exercisable by -
athe Government.
bthe Court of Session.
cthe District Court.
dthe High Court only.
Answer: C
Section 20(1) vests revisional jurisdiction in the District Court where the appellate authority is a Subordinate Judge, and in the High Court in other cases, to examine the legality, regularity or propriety of the order or proceedings.
Under Section 21 of the Kerala Buildings (Lease and Rent Control) Act, 1965, an order for eviction of a tenant passed under the Act -
adoes not bind any sub-tenant in any circumstances.
bbinds sub-tenants only where the sub-letting was unauthorised.
cbinds sub-tenants only if they were impleaded as parties to the proceedings.
dis binding on all sub-tenants under such tenant, whether parties to the proceedings or not, provided it was not obtained by fraud or collusion.
Answer: D
Section 21 makes an eviction order binding on all sub-tenants whether or not they were parties, provided the order was not obtained by fraud or collusion; where sub-letting was permitted and notice given, the sub-tenant must be made a party.
Under Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965, a tenant against whom an eviction application has been made is NOT entitled to contest the application or to prefer an appeal under Section 18 unless he -
afurnishes a solvent surety acceptable to the landlord.
bdeposits double the annual rent as security with the Rent Control Court.
cpays or deposits all arrears of rent admitted by him to be due and continues to pay rent that subsequently becomes due during the proceedings.
dobtains the prior leave of the appellate authority to defend.
Answer: C
Section 12 bars a tenant from contesting the application or appealing unless he pays/deposits all arrears of rent admitted to be due and continues to pay or deposit rent subsequently accruing until the proceedings terminate.
An offence punishable under Section 138 of the Negotiable Instruments Act, 1881 shall not be tried, by virtue of Section 142(2), by any court inferior to that of -
aa Chief Judicial Magistrate.
ba Court of Session.
ca Metropolitan Magistrate or a Judicial Magistrate of the first class.
da Judicial Magistrate of the second class.
Answer: C
Section 142(2) provides that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under Section 138.
The maximum interim compensation that a court may direct the drawer to pay to the complainant under Section 143A of the Negotiable Instruments Act, 1881 in a complaint under Section 138 is -
atwice the amount of the cheque.
bfifty per cent of the amount of the cheque.
ctwenty per cent of the amount of the cheque.
dten per cent of the amount of the cheque.
Answer: C
Section 143A(2) provides that interim compensation shall not exceed twenty per cent of the amount of the cheque, payable within sixty days (extendable by thirty days).
In an appeal by the drawer against conviction under Section 138 of the Negotiable Instruments Act, 1881, the Appellate Court shall, under Section 148, order the appellant to deposit a minimum of -
afifty per cent of the fine or compensation awarded by the trial court.
bthe entire fine or compensation awarded by the trial court.
ctwenty per cent of the fine or compensation awarded by the trial court.
dten per cent of the fine or compensation awarded by the trial court.
Answer: C
Section 148 (inserted in 2018) empowers the Appellate Court to order deposit of a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation under Section 143A.
When the maker of a negotiable instrument, by signing only his name on the instrument, indorses it without specifying the person to whom or to whose order it is to be paid, the indorsement is said to be -
aa restrictive indorsement.
ban indorsement in full.
can indorsement in blank.
da conditional indorsement.
Answer: C
Under Section 16, where the indorser signs his name only, the indorsement is 'in blank'; where he adds a direction to pay a specified person, it is 'in full'.
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