Kerala Judiciary Mock Test 4 — Questions & Solutions
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A confession of an accused is sought to be recorded during investigation. Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such a confession -
ais valid only if recorded by the Magistrate who will try the case.
bmay be recorded by an Executive Magistrate of the district.
cmay be recorded by any police officer empowered with the powers of a Magistrate.
dmay be recorded by any Metropolitan or Judicial Magistrate, but never by a police officer howsoever empowered.
Answer: D
The proviso to Section 183(1) BNSS bars any police officer on whom Magistrate's powers have been conferred from recording a confession; only a Metropolitan or Judicial Magistrate may do so.
In a trial, the accused seeks repeated adjournments. Under Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the circumstances are beyond the control of a party, the number of adjournments the Court may grant is limited to -
aan unlimited number, subject to costs.
bnot more than three adjournments.
cnot more than two adjournments, after hearing objections and for reasons recorded in writing.
done adjournment only.
Answer: C
The first proviso to Section 346(1) BNSS caps adjournments at not more than two, even where circumstances are beyond a party's control, granted after hearing the other party's objections and for reasons recorded in writing.
Investigation in relation to an offence of rape punishable under the Bharatiya Nyaya Sanhita, 2023, has been initiated. Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such investigation shall be completed within -
aninety days from the date of recording of the information.
bthirty days from the date of arrest of the accused.
ctwo months from the date of recording of the information.
dsix months from the date of recording of the information.
Answer: C
Section 193(2) BNSS requires that investigation into offences under specified sexual offence provisions of the BNS (such as rape) and the POCSO Act be completed within two months from the date on which the information was recorded.
After the conclusion of arguments in a warrant trial, the Magistrate proposes to pronounce judgment. Under Section 258 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the judgment shall ordinarily be pronounced within thirty days, extendable for recorded reasons to a maximum of -
aninety days.
bforty-five days.
csixty days.
dfifteen days.
Answer: B
Section 258(1) BNSS requires the Magistrate to pronounce judgment within thirty days of completion of arguments, extendable, for reasons recorded in writing, to not more than forty-five days.
An accused has been declared a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest. Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court -
amust stay all proceedings until the accused is arrested.
bmay proceed with the inquiry, trial or judgment in his absence, providing him an advocate at State expense if he is unrepresented.
cshall acquit the accused for want of his presence.
dcan try him in absentia only with the prior sanction of the High Court.
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender, deeming his absconding a waiver of the right to be present; where he is unrepresented, the Court must provide an advocate at the expense of the State.
A convict under sentence of death whose appeal has been dismissed by the Supreme Court wishes to seek mercy. Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the convict or his legal heir or relative may file a mercy petition within -
afifteen days from the date of dismissal.
bthirty days from the date the Superintendent of jail informs him of the dismissal.
cninety days from confirmation of the sentence.
dsixty days from the date of the order of the Supreme Court.
Answer: B
Section 472(1) BNSS prescribes a thirty-day period, running from the date the Superintendent of jail informs the convict of the dismissal of his appeal/review/SLP or of confirmation of the death sentence, for filing the mercy petition to the President or Governor.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation to prepare and notify a Witness Protection Scheme for the State is cast by Section 398 upon -
athe State Government.
bthe High Court of the State.
cthe Director General of Police.
dthe District and Sessions Judge.
Answer: A
Section 398 BNSS, a new provision, mandates that every State Government shall prepare and notify a Witness Protection Scheme for the protection of witnesses.
A police station receives information disclosing the commission of a cognizable offence punishable with four years' imprisonment. Before registering an FIR, the station house officer wishes to first ascertain whether a prima facie case exists. Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such a preliminary enquiry -
ais prohibited in every cognizable offence, FIR being mandatory in all cases.
bis permissible only for offences punishable with seven years or more, within thirty days.
cmay be conducted at the discretion of the SHO alone, with no time limit.
dmay be conducted with prior permission of an officer not below the rank of Deputy Superintendent of Police, and must be completed within fourteen days.
Answer: D
Section 173(3) BNSS allows a preliminary enquiry, with prior permission of an officer not below the rank of DSP, only for cognizable offences punishable with three years or more but less than seven years, to be completed within fourteen days.
A woman approaches a police station in Ernakulam to report a cognizable offence that was actually committed in Kollam district. The SHO declines to register the FIR, citing want of territorial jurisdiction. In light of Section 173(1) of the BNSS, 2023, the SHO's refusal is -
aincorrect, because Section 173(1) mandates registration irrespective of the area where the offence is committed (Zero FIR).
bcorrect, since the FIR must be lodged only at the police station having local jurisdiction over the place of occurrence.
cincorrect, but only if the offence is punishable with death or life imprisonment.
dcorrect, unless the informant first obtains a transfer order from the Magistrate.
Answer: A
Section 173(1) BNSS uses the words 'irrespective of the area where the offence is committed,' giving statutory recognition to the Zero FIR, so registration cannot be refused on the ground of territorial jurisdiction.
An infirm person aged sixty-five years is sought to be arrested in connection with a cognizable offence punishable with imprisonment of less than three years. Under the proviso to Section 35 of the BNSS, 2023, such an arrest -
ais wholly prohibited, irrespective of any permission.
bcan be made by any police officer without any prior approval.
crequires the prior sanction of the jurisdictional Judicial Magistrate.
dshall be made only after obtaining prior permission of an officer not below the rank of Deputy Superintendent of Police.
Answer: D
The proviso to Section 35 BNSS requires prior permission of an officer not below the rank of DSP before arresting a person who is infirm or above sixty years of age, where the offence is punishable with imprisonment less than three years.
An accused is in custody during investigation of an offence punishable with imprisonment of seven years (not extending to ten years). The investigating agency fails to file the police report within the statutory period. Under Section 187(3) of the BNSS, 2023, the accused becomes entitled to be released on default bail on the expiry of -
asixty days.
bfifteen days.
cninety days.
dforty days.
Answer: A
Under Section 187(3) BNSS the period is ninety days only where the offence is punishable with death, life imprisonment, or imprisonment of not less than ten years; for all other offences, including one punishable with seven years, it is sixty days.
A Magistrate proposes to take cognizance of an offence upon a private complaint. As per the proviso to Section 223(1) of the BNSS, 2023, before taking cognizance the Magistrate must -
agive the accused an opportunity of being heard.
bexamine only the complainant on oath and proceed without notice to the accused.
ccommit the case to the Court of Session forthwith.
dforward the complaint to the police for investigation under Section 175.
Answer: A
The proviso to Section 223(1) BNSS introduces a new safeguard: a Magistrate shall not take cognizance on a complaint without first giving the accused an opportunity of being heard.
During investigation, a police party conducts a search of a dwelling house and seizes certain articles, preparing a list signed by witnesses. Under Section 105 of the BNSS, 2023, the process of search, seizure and preparation of the list -
ashall be recorded through audio-video electronic means, preferably a mobile phone, and forwarded without delay to the Magistrate.
bmust be videographed only if the seized property exceeds rupees one lakh in value.
cis required to be recorded only in cases involving narcotic drugs.
dneed not be recorded electronically; a written panchnama is sufficient.
Answer: A
Section 105 BNSS makes it mandatory to record the search, seizure and preparation of the list of seized articles through audio-video electronic means, preferably a mobile phone, and to forward the recording to the jurisdictional Magistrate without delay.
In a case instituted on a police report and triable as a warrant case by a Magistrate, after considering the record and hearing the parties, the Magistrate is of opinion that there is ground to presume that the accused has committed the offence. Under Section 263 of the BNSS, 2023, the Magistrate must frame the charge in writing within -
aninety days from the date of committal.
bfourteen days from the supply of documents.
csixty days from the date of first hearing on charge.
dthirty days from the date of first hearing on charge.
Answer: C
Section 263 BNSS (warrant cases on a police report) requires the Magistrate to frame the charge in writing within sixty days from the date of first hearing on charge.
An accused is produced before a Magistrate in a case instituted on a police report. As per Section 230 of the BNSS, 2023, the Magistrate is bound to furnish to the accused, free of cost, a copy of the police report, the FIR and connected statements within -
afourteen days from production or appearance of the accused.
bthirty days from cognizance.
csixty days from the date of charge.
dseven days from production or appearance of the accused.
Answer: A
Section 230 BNSS mandates supply of the police report, FIR, statements under Section 180(3), confessions and statements under Section 183 and other documents to the accused (and victim's advocate) free of cost within fourteen days of production or appearance.
A confession of an accused is sought to be recorded during investigation. Under Section 183 of the BNSS, 2023, which of the following statements is correct?
aA confession shall be recorded by a Judicial Magistrate, and confessions are required to be recorded by audio-video electronic means.
bA confession may be recorded by a police officer of or above the rank of Inspector.
cA confession recorded under this section is conclusive proof of guilt.
dA confession or statement may be recorded by any Magistrate, including an Executive Magistrate.
Answer: A
Section 183 BNSS permits a Judicial Magistrate to record confessions and statements during investigation, and confessions are to be recorded through audio-video electronic means; Executive Magistrates and police officers cannot record such confessions.
After the trial of a suit has commenced, a party applies under Order 6 Rule 17 CPC to amend its pleadings. The proviso to Order 6 Rule 17 directs that such an amendment shall not be allowed unless -
athe amendment does not increase the value of the subject-matter of the suit.
bthe opposite party consents in writing to the proposed amendment.
cthe amendment is sought within thirty days of the framing of issues.
dthe court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of the trial.
Answer: D
The proviso to Order 6 Rule 17 CPC bars amendment after the trial has commenced unless the court concludes that, despite due diligence, the party could not have raised the matter before trial began.
Immovable property has been sold in execution of a decree. A person claiming an interest in the property applies under Order 21 Rule 89 CPC to have the sale set aside. To succeed, he must deposit in court, for payment to the auction-purchaser, a sum equal to -
aten per cent of the purchase-money only.
bfive per cent of the purchase-money, in addition to the amount specified in the proclamation of sale for the decree-holder.
cthe entire purchase-money paid by the auction-purchaser.
dtwenty-five per cent of the decretal amount only.
Answer: B
Order 21 Rule 89 CPC requires deposit of (a) five per cent of the purchase-money for payment to the auction-purchaser, and (b) the amount specified in the sale proclamation for the decree-holder. The deposit must ordinarily be made within sixty days of the sale.
Where a court is of opinion that there exist elements of a settlement which may be acceptable to the parties, it may, under Section 89 CPC, refer the dispute for resolution by any of the following modes EXCEPT -
areference to a criminal compounding before a Magistrate.
bconciliation or judicial settlement, including settlement through Lok Adalat.
cmediation.
darbitration.
Answer: A
Section 89 CPC enumerates four modes of alternative dispute resolution: arbitration, conciliation, judicial settlement (including Lok Adalat), and mediation. Criminal compounding is not one of them.
A files a suit against B in a Munsiff's court for recovery of money. While that suit is pending, B institutes a fresh suit against A in another competent court raising the very same matter that is directly and substantially in issue in A's earlier suit, between the same parties. What is the correct course as per Section 10 CPC?
aThe court must dismiss B's subsequently instituted suit.
bBoth suits must be consolidated and tried together as a matter of right.
cThe court shall stay the trial of A's earlier instituted suit.
dThe court shall stay the trial of B's subsequently instituted suit.
Answer: D
Section 10 (res sub judice) bars trial of the subsequently instituted suit, not the earlier one; the remedy is a stay of the later suit, not its dismissal.
In a suit cognizable by a Court of Small Causes, the value of the subject-matter of the original suit is Rs. 8,000. After the suit is decreed, the aggrieved party wishes to appeal. As per Section 96(4) CPC, an appeal in such a case -
alies as of right on questions of both fact and law.
bdoes not lie at all under any circumstances.
clies only with the leave of the appellate court.
dlies only on a question of law.
Answer: D
Section 96(4) bars an appeal except on a question of law from a small-cause-nature decree where the value of the subject-matter does not exceed Rs. 10,000.
A second appeal is filed before the High Court under Section 100 CPC. At the stage of admission, the High Court is satisfied that the case involves a substantial question of law. Which of the following is the correct legal requirement?
aThe substantial question of law need not be formulated if both courts below recorded concurrent findings.
bThe High Court must re-appreciate the entire evidence afresh before disposal.
cThe High Court may decide the appeal on questions of fact without framing any question of law.
dThe High Court shall formulate the substantial question of law and the appeal shall be heard only on the question so framed.
Answer: D
Section 100(4) requires the High Court to formulate the substantial question of law, and Section 100(5) confines the hearing of the second appeal to the question so framed.
A intends to sue the State of Kerala in respect of an act purporting to be done by a public officer in his official capacity. He has not served the notice contemplated by Section 80(1) CPC. Which statement is correct?
aA may, with the leave of the court, institute the suit to obtain urgent or immediate relief without serving the prior notice.
bThe notice requirement is wholly discretionary and may be ignored by the plaintiff.
cThe suit can never be entertained without the expiry of two months after the statutory notice.
dA must wait six months after delivering the notice before instituting the suit.
Answer: A
Section 80(2) permits a suit to be instituted with the leave of the court, without prior notice, where urgent or immediate relief is sought, though the court must give the Government a reasonable opportunity to show cause.
After the trial of a civil suit has commenced, a party applies under Order 6 Rule 17 CPC to amend its pleadings. The proviso to Order 6 Rule 17 directs that such an amendment shall not be allowed unless -
athe court records that, in spite of due diligence, the party could not have raised the matter before the commencement of trial.
bthe amendment introduces a wholly new cause of action.
cthe amendment is sought within thirty days of the framing of issues.
dthe opposite party consents in writing to the amendment.
Answer: A
The proviso to Order 6 Rule 17 (restored in 2002) bars post-commencement amendments unless the court is satisfied that despite due diligence the matter could not have been raised earlier.
A decree passed against the defendant was set aside and reversed by the appellate court. The defendant, who had earlier paid money under the reversed decree, seeks to be placed back in the position he would have occupied but for that decree. The application for restitution under Section 144 CPC must be made to -
aany civil court of competent pecuniary jurisdiction.
bthe High Court in its revisional jurisdiction.
cthe appellate court which reversed the decree.
dthe court which passed the decree (court of first instance).
Answer: D
Section 144 vests jurisdiction to order restitution in the court which passed the decree or order, i.e. the court of first instance, on the application of the party entitled to the benefit.
A money decree is passed against the judgment-debtor. He pays a portion of the decretal amount directly to the decree-holder outside the court, but the decree-holder does not certify the payment and the judgment-debtor takes no step to have it recorded. When the decree-holder later executes the decree for the full amount, the uncertified part-payment -
aautomatically reduces the decretal amount without any application.
bshall not be recognised by any court executing the decree.
cmay be recognised only if proved by the judgment-debtor through oral evidence at execution.
dshall be recognised by the executing court as a matter of course.
Answer: B
Under Order 21 Rule 2(3), a payment or adjustment that has not been certified or recorded shall not be recognised by any court executing the decree.
A defendant against whom an ex parte decree has been passed applies under Order 9 Rule 13 CPC to have it set aside. On which of the following grounds is the court bound to set aside the ex parte decree?
aOnly where the plaintiff consents to the setting aside.
bWhere the decree was passed more than thirty days earlier.
cOnly where the defendant has a strong case on merits.
dWhere the summons was not duly served, or the defendant was prevented by sufficient cause from appearing.
Answer: D
Order 9 Rule 13 obliges the court to set aside an ex parte decree where the summons was not duly served or the defendant was prevented by sufficient cause from appearing.
Parties to a pending suit arrive at a settlement and wish the court to pass a decree in terms of their compromise under Order 23 Rule 3 CPC. For the court to record the adjustment and pass a decree accordingly, the lawful agreement or compromise must be -
aattested by two witnesses and notarised.
bmerely stated orally by counsel before the court.
cregistered before the Sub-Registrar.
din writing and signed by the parties.
Answer: D
Order 23 Rule 3 requires that the lawful agreement or compromise be in writing and signed by the parties before the court records it and passes a decree; oral statements alone are insufficient.
Where it appears to a court that there exist elements of a settlement which may be acceptable to the parties, the court, under Section 89 CPC, may refer the dispute for resolution by any of the following modes EXCEPT -
acompulsory reference to a criminal court for compounding.
bmediation.
carbitration or conciliation.
djudicial settlement including settlement through Lok Adalat.
Answer: A
Section 89 lists four modes of out-of-court settlement: arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation; reference to a criminal court is not among them.
A party seeks review of a judgment under Section 114 read with Order 47 Rule 1 CPC. Which of the following is a recognised ground for review?
aThat the applicant now wishes to argue the case more elaborately on the same material.
bThat the appellate forum is likely to take a different view of the evidence.
cThat the opposite party did not appear at the hearing.
dDiscovery of new and important matter or evidence which, after due diligence, was not within the applicant's knowledge or could not be produced earlier.
Answer: D
Order 47 Rule 1 permits review on discovery of new and important matter or evidence which despite due diligence was not within knowledge or could not be produced, on an error apparent on the face of the record, or for any other sufficient reason.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dacoity (Section 310) requires that the robbery be committed or attempted conjointly by -
athree or more persons
bfive or more persons
ctwo or more persons
dfour or more persons
Answer: B
Section 310 BNS, 2023 retains the requirement that five or more persons conjointly commit or attempt to commit robbery (including those present and aiding) for the act to amount to dacoity.
A person entrusted with property dishonestly misappropriates or converts it to his own use in violation of a legal contract regarding the discharge of such trust. Under the Bharatiya Nyaya Sanhita, 2023, the offence is -
atheft under Section 303
bcriminal breach of trust under Section 316
cextortion under Section 308
dcheating under Section 318
Answer: B
Section 316 BNS, 2023 defines criminal breach of trust as dishonest misappropriation or conversion of entrusted property, or its dishonest use in violation of any direction of law or legal contract governing the trust.
Continued and repeated activity by a person, singly or jointly as a member of a crime syndicate, by use of violence, intimidation or other unlawful means to obtain economic or other advantage, is defined as which offence under the Bharatiya Nyaya Sanhita, 2023?
aTerrorist act under Section 113
bOrganised crime under Section 111
cPetty organised crime under Section 112
dRioting under Section 191
Answer: B
Section 111 BNS, 2023 newly defines 'organised crime' to cover continuing unlawful activity by a crime syndicate using violence, intimidation, coercion or other unlawful means for pecuniary or other benefit.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'terrorist act' committed with intent to threaten the unity, integrity, sovereignty, security or economic security of India is dealt with under -
aSection 152
bSection 113
cSection 111
dSection 147
Answer: B
Section 113 BNS, 2023 newly brings 'terrorist act' within the general penal code, covering acts intended to threaten the unity, integrity, sovereignty, security or economic security of the country or to strike terror.
Where a woman below eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention (gang rape), Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment of -
arigorous imprisonment for not less than ten years
bimprisonment for life (remainder of natural life) and fine, or with death
crigorous imprisonment for not less than seven years
dimprisonment which may extend to ten years
Answer: B
Section 70(2) BNS, 2023 provides that gang rape of a woman under eighteen years is punishable with imprisonment for life meaning the remainder of natural life, and with fine, or with death.
A man captures the image of a woman engaging in a private act in circumstances where she would usually expect privacy, and disseminates it. Under the Bharatiya Nyaya Sanhita, 2023, this offence of voyeurism is punishable under -
aSection 77
bSection 75
cSection 78
dSection 79
Answer: A
Section 77 BNS, 2023 defines and punishes voyeurism (watching or capturing the image of a woman engaged in a private act), with first-conviction imprisonment of not less than one year extending to three years; stalking is the separate Section 78.
Under the Bharatiya Nyaya Sanhita, 2023, when a child is taken or enticed out of the keeping of its lawful guardian without consent, the offence of kidnapping from lawful guardianship is made out where the person so taken is below the age of -
afourteen years, whether male or female.
bsixteen years for a male and eighteen years for a female.
ceighteen years, whether male or female.
dtwelve years, whether male or female.
Answer: C
Section 137(1)(b) BNS speaks of taking or enticing 'any child' out of the keeping of the lawful guardian; under Section 2(3) BNS 'child' means any person below eighteen years, so the uniform age is eighteen for both sexes.
A induces by deceitful means B, a woman of twenty-two years, to go from Kochi to Thrissur. A has committed -
akidnapping from India.
bno offence, as she is a major.
cabduction.
dkidnapping from lawful guardianship.
Answer: C
Under Section 138 BNS, whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person; abduction has no age limit, unlike kidnapping from guardianship.
Where the death of a woman is caused 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, it is a 'dowry death' under the Bharatiya Nyaya Sanhita only if such death occurs within -
aseven years of her marriage.
bthree years of her marriage.
cfive years of her marriage.
dten years of her marriage.
Answer: A
Section 80(1) BNS requires that the death occur within seven years of the marriage, mirroring the period under the erstwhile Section 304B IPC.
Two or more persons, by fighting in a public place, disturb the public peace. They are said to commit an offence punishable under the Bharatiya Nyaya Sanhita, 2023 with -
aimprisonment up to one year and fine.
bimprisonment up to two years, or fine, or both.
cimprisonment up to six months, or fine up to one thousand rupees, or both.
dimprisonment up to one month, or fine up to one thousand rupees, or both.
Answer: D
Section 194 BNS defines affray and prescribes imprisonment which may extend to one month, or fine up to one thousand rupees, or both.
Under the Bharatiya Nyaya Sanhita, 2023, every member of an unlawful assembly is guilty of an offence committed by any member of that assembly in prosecution of the common object. This vicarious liability is contained in -
aSection 191 BNS.
bSection 190 BNS.
cSection 192 BNS.
dSection 189 BNS.
Answer: B
Section 190 BNS (corresponding to the old Section 149 IPC) fixes constructive liability on every member of an unlawful assembly for offences committed in prosecution of the common object; Section 189 merely defines unlawful assembly.
An assembly is designated an 'unlawful assembly' under the Bharatiya Nyaya Sanhita, 2023 only if it is composed of -
afive or more persons with a common object specified in the section.
bseven or more persons with a common object specified in the section.
cthree or more persons with a common object specified in the section.
dtwo or more persons with a common object specified in the section.
Answer: A
Section 189(1) BNS designates an assembly of five or more persons as an unlawful assembly where the common object is one of those enumerated in the section.
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, commits the offence of -
aextortion under Section 308 BNS.
bcriminal breach of trust under Section 316 BNS.
ctheft under Section 303 BNS.
dcheating under Section 318 BNS.
Answer: D
Section 318 BNS defines cheating, of which fraudulent or dishonest inducement to deliver property by deception is a principal form.
Under the Bharatiya Sakshya Adhiniyam, 2023, the document itself produced for the inspection of the court is -
asecondary evidence under Section 58.
ba public document under Section 74.
cdocumentary admission under Section 19.
dprimary evidence under Section 57.
Answer: D
Section 57 BSA defines primary evidence as the document itself produced for the court's inspection; secondary evidence (certified copies, copies, oral accounts of contents) falls under Section 58.
All documents other than public documents are, under the Bharatiya Sakshya Adhiniyam, 2023, classified as private documents by -
aSection 74
bSection 77
cSection 75
dSection 78
Answer: C
Section 74 BSA defines public documents and Section 75 declares that all other documents are private documents, mirroring Sections 74 and 75 of the Indian Evidence Act.
The presumption that the signature and every part of a document purporting to be thirty years old, and produced from proper custody, are genuine arises under the Bharatiya Sakshya Adhiniyam, 2023 from -
aSection 85
bSection 90
cSection 93
dSection 92
Answer: D
Section 92 BSA contains the presumption as to documents thirty years old produced from proper custody, corresponding to Section 90 of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the court presumes that an electronic record purporting to be five years old, produced from proper custody, was so executed, by virtue of -
aSection 93
bSection 85
cSection 63
dSection 92
Answer: A
Section 93 BSA introduces a presumption as to electronic records five years old produced from proper custody, while Section 85 deals with presumption as to electronic agreements bearing electronic signatures.
In a prosecution for dowry death, where it is shown that soon before her death the woman was subjected to cruelty or harassment for dowry, the court shall presume that the accused caused the dowry death. This presumption is found in -
aSection 109 BSA
bSection 117 BSA
cSection 118 BSA
dSection 120 BSA
Answer: C
Section 118 BSA contains the presumption as to dowry death (corresponding to Section 113B of the Indian Evidence Act); Section 117 deals with presumption as to abetment of suicide by a married woman.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023 this rule is contained in -
aSection 105
bSection 109
cSection 104
dSection 106
Answer: B
Section 109 BSA places the burden of proving a fact especially within a person's knowledge upon that person, corresponding to Section 106 of the Indian Evidence Act. Section 104 states the general rule of burden of proof.
A tenant inducted into immovable property by a landlord seeks, during the continuance of the tenancy, to deny that the landlord had title to the property at the beginning of the tenancy. Under the Bharatiya Sakshya Adhiniyam, 2023, he is -
apermitted only with the court's leave under Section 123.
bestopped from doing so under Section 122.
cestopped only if the tenancy was registered under Section 124.
dpermitted to do so under Section 121.
Answer: B
Section 122 BSA estops a tenant (or one claiming through him), during the continuance of the tenancy, from denying that the landlord had title to the property at the beginning of the tenancy, mirroring Section 116 of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in -
aSection 146
bSection 138
cSection 139
dSection 142
Answer: C
Section 139 BSA provides that no particular number of witnesses is required to prove any fact (formerly Section 134 of the Indian Evidence Act); Section 138 deals with the accomplice and Section 146 with leading questions.
Under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023, where one fact is declared to be 'conclusive proof' of another, the court shall, on proof of the one fact, regard the other as proved and -
amay call for further proof of it.
bshall regard it as proved unless and until it is disproved.
cshall not allow evidence to be given for the purpose of disproving it.
dmay either regard it as proved or call for proof of it.
Answer: C
Under the Section 2 definition, 'conclusive proof' bars any evidence to disprove the fact. The 'unless and until disproved' formulation describes 'shall presume', and the optional formulation describes 'may presume'.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made by a person while he is in the custody of a police officer shall be proved against him -
aunless it is recorded after a clear lapse of twenty-four hours from arrest.
bunless it is reduced to writing and signed by the accused.
cunless it is made in the immediate presence of a Magistrate.
dunless two independent witnesses attest to it.
Answer: C
Section 23(2) of the BSA, 2023 bars proof of a confession made in police custody unless it is made in the immediate presence of a Magistrate. This corresponds to the old Section 26 of the Indian Evidence Act, 1872.
Where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of the information as relates distinctly to the fact thereby discovered -
amay be proved, whether it amounts to a confession or not.
bmay be proved only if it is a full confession of guilt.
cmay be proved only with the prior sanction of the District Magistrate.
dcan never be proved as it forms part of a custodial statement.
Answer: A
The proviso to Section 23(2) of the BSA, 2023 (the discovery exception, formerly Section 27 of the Evidence Act) permits proof of so much of the information as relates distinctly to the fact discovered, whether or not it amounts to a confession.
Under the Bharatiya Sakshya Adhiniyam, 2023, the conclusive presumption of legitimacy on account of birth during the continuance of a valid marriage is also available where the birth takes place within -
atwo hundred and eighty days after dissolution of the marriage, the mother remaining unmarried.
bthree hundred days after dissolution of the marriage, irrespective of remarriage.
cone year after dissolution of the marriage, the mother remaining unmarried.
done hundred and eighty days after dissolution of the marriage, the mother remaining unmarried.
Answer: A
Section 116 of the BSA, 2023 makes birth within 280 days after dissolution of the marriage (the mother remaining unmarried) conclusive proof of legitimacy, unless non-access is shown. This carries forward Section 112 of the old Evidence Act.
The writ that is issued to call upon a person holding a public office to show by what authority he holds it is the writ of -
aHabeas Corpus.
bMandamus.
cQuo Warranto.
dCertiorari.
Answer: C
Quo Warranto, literally meaning "by what authority", calls upon the holder of a public office to establish his legal title to it; it lies only in respect of an office of a public and substantive character.
"Untouchability" is abolished and its practice in any form is forbidden under -
aArticle 16 of the Constitution.
bArticle 18 of the Constitution.
cArticle 15 of the Constitution.
dArticle 17 of the Constitution.
Answer: D
Article 17 abolishes "untouchability" and forbids its practice in any form, the enforcement of any resulting disability being an offence punishable by law.
The Fundamental Duties of citizens were added to the Constitution, as Part IV-A (Article 51A), on the recommendation of the Swaran Singh Committee by the -
aEighty-sixth Amendment Act, 2002.
bNinety-seventh Amendment Act, 2011.
cForty-second Amendment Act, 1976.
dForty-fourth Amendment Act, 1978.
Answer: C
Part IV-A containing Article 51A (Fundamental Duties) was inserted by the Constitution (Forty-second Amendment) Act, 1976; the 86th Amendment later added the eleventh duty.
In Indira Nehru Gandhi v. Raj Narain, the Supreme Court applied the basic-structure doctrine to strike down -
athe 44th Amendment in its entirety.
bArticle 31C as amended by the 42nd Amendment.
cclause (4) of Article 329A inserted by the 39th Amendment.
dthe whole of the 42nd Amendment.
Answer: C
In Indira Nehru Gandhi v. Raj Narain the Court struck down clause (4) of Article 329A (39th Amendment), which sought to validate the Prime Minister's election and oust judicial review, as violative of the basic structure.
The right to constitutional remedies guaranteed by Article 32, which the Supreme Court has described as the "heart and soul" of the Constitution, falls within which group of Articles in Part III?
aArticles 14 to 18.
bArticles 23 to 24.
cArticles 32 to 35.
dArticles 19 to 22.
Answer: C
The right to constitutional remedies is contained in Articles 32 to 35 of Part III; Article 32 itself empowers a person to move the Supreme Court directly for enforcement of fundamental rights.
The right against exploitation, which prohibits traffic in human beings and forced labour, is guaranteed by -
aArticles 25 and 26.
bArticles 19 and 20.
cArticles 29 and 30.
dArticles 23 and 24.
Answer: D
The right against exploitation is contained in Articles 23 (prohibition of traffic in human beings and forced labour) and 24 (prohibition of employment of children below fourteen years in hazardous work).
The doctrine that Parliament cannot alter the basic structure of the Constitution even in the exercise of its amending power under Article 368 was propounded by the Supreme Court in -
aMinerva Mills Ltd. v. Union of India
bI.C. Golak Nath v. State of Punjab
cShankari Prasad v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461), decided 7-6, held that Parliament's amending power under Article 368 does not extend to abrogating the basic structure of the Constitution.
Sections 4 and 55 of the Constitution (Forty-second Amendment) Act, 1976 - which respectively gave Directive Principles primacy over Fundamental Rights and barred judicial review of constitutional amendments - were struck down as unconstitutional in -
aIndira Nehru Gandhi v. Raj Narain
bKesavananda Bharati v. State of Kerala
cWaman Rao v. Union of India
dMinerva Mills Ltd. v. Union of India
Answer: D
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court declared Sections 4 and 55 of the 42nd Amendment void, restoring the balance between Fundamental Rights and Directive Principles as part of the basic structure.
Which of the following is NOT a condition required to claim the benefit of part performance under Section 53A of the Transfer of Property Act, 1882, as it stands after the 2018 amendment?
aThe contract is compulsorily required to be registered, and the protection is available even where the document of transfer is not registered.
bThere is a contract to transfer immovable property for consideration, in writing and signed by the transferor, from which the terms can be ascertained with reasonable certainty.
cThe transferee has performed or is willing to perform his part of the contract.
dThe transferee has, in part performance, taken possession or, being already in possession, continues in possession in part performance and has done some act in furtherance of the contract.
Answer: A
By the 2001 and 2018 amendments, the protection of Section 53A is NOT available unless the document of transfer is registered; the other three are the essential conditions of part performance.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by -
aa registered instrument.
beither a registered instrument or delivery of the property, at the option of the seller.
can unregistered instrument attested by two witnesses.
ddelivery of possession of the property.
Answer: A
Section 54 requires that a sale of tangible immovable property worth Rs.100 or more be made only by a registered instrument; delivery is an alternative mode only where the value is less than Rs.100.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for manufacturing purposes shall, under Section 106 of the Transfer of Property Act, 1882, be deemed to be -
aa lease from year to year, terminable by six months' notice.
ba lease from month to month, terminable by thirty days' notice.
ca lease from month to month, terminable by fifteen days' notice.
da lease in perpetuity, not terminable by notice.
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be a lease from year to year, terminable by six months' notice; a lease for any other purpose is from month to month, terminable by fifteen days' notice.
A building in an area notified under the Kerala Buildings (Lease and Rent Control) Act, 1965 is let out for residential purposes. As regards the relationship between the general provisions of the Transfer of Property Act, 1882 and the said Kerala Act on the question of eviction, which statement is correct?
aThe landlord may evict the tenant either under Section 106 of the Transfer of Property Act or under the Kerala Act, at his choice.
bThe Kerala Buildings (Lease and Rent Control) Act, being a special enactment, prevails, and eviction can be ordered only on the grounds and by the authority specified therein, notwithstanding Section 106 of the Transfer of Property Act.
cNeither statute applies; eviction is governed solely by the Code of Civil Procedure.
dSection 106 of the Transfer of Property Act alone governs termination, and the Kerala Act has no application.
Answer: B
The Kerala Buildings (Lease and Rent Control) Act, 1965 is a special law that overrides the general provisions of the Transfer of Property Act; in a notified area a tenant can be evicted only on the statutory grounds and through the Rent Control machinery.
A lease of immovable property determines under Section 111 of the Transfer of Property Act, 1882 in several ways. Which of the following is the mode described as determination "by forfeiture"?
aWhere the interest of the lessor in the property terminates.
bWhere the lessee breaks an express condition which provides that on breach the lessor may re-enter, or denies the lessor's title, and the lessor gives notice of his intention to determine the lease.
cWhere a notice to quit is given by either party expiring with the end of the tenancy.
dWhere the lessee and lessor become the same person in the same right (merger).
Answer: B
Section 111(g) provides for determination by forfeiture, namely on breach of an express condition with a re-entry clause, denial of the lessor's title, or the lessee's insolvency where so stipulated, followed by the lessor's notice in writing of intention to determine the lease.
A lease provides for forfeiture on non-payment of rent and the lessor sues to eject the lessee on that ground. As to relief against forfeiture under Section 114 of the Transfer of Property Act, 1882, which statement is correct?
aThe court has no power to grant relief once a suit for ejectment is filed.
bIf, at the hearing, the lessee pays or tenders to the lessor the rent in arrear together with interest and the lessor's costs, the court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture.
cRelief can be granted only if the lessee pays double the rent in arrear.
dRelief is available only where the lease was for agricultural purposes.
Answer: B
Section 114 empowers the court, where forfeiture is for non-payment of rent and the lessee at the hearing pays or tenders the arrears with interest and costs, to relieve the lessee against the forfeiture and allow him to hold the property as if no forfeiture had occurred.
Under Section 122 of the Transfer of Property Act, 1882, for a gift to be valid, the acceptance by the donee must be made -
aat any time, even after the death of the donor.
bwithin six months of the execution of the gift deed.
cduring the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
donly by a registered instrument signed by the donee.
Answer: C
Section 122 requires that the gift be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
Under Section 2(d) of the Indian Contract Act, 1872, which of the following statements regarding consideration is correct?
aConsideration must always move from the promisee alone.
bPast consideration is not recognised in Indian law.
cConsideration must be adequate, otherwise the agreement is void.
dConsideration may be furnished by the promisee or any other person, and may be past, present or future.
Answer: D
Section 2(d) defines consideration as an act, abstinence or promise done at the desire of the promisor by the promisee 'or any other person', and it may be past, present or future; adequacy is immaterial under Explanation 2 to Section 25.
Where two or more persons are co-sureties for the same debt, whether under the same or different contracts and whether or not with knowledge of each other, the rule under Section 146 of the Indian Contract Act, in the absence of a contract to the contrary, is that they are liable as between themselves -
aonly in the order in which they signed the contract of guarantee.
bto pay each an equal share of the whole debt, or of the part remaining unpaid by the principal debtor.
cwholly upon the surety first called upon by the creditor, with no right of contribution.
din proportion to the benefit each derived from the principal debtor.
Answer: B
Section 146 provides that co-sureties, in the absence of any contract to the contrary, are liable as between themselves to contribute equally to the whole debt or the unpaid part of it.
A creditor holds, as security for a debt guaranteed by a surety, certain goods belonging to the principal debtor. Without the consent of the surety, the creditor loses the security through his own negligence. Under Section 141 of the Indian Contract Act, the surety is -
anot discharged at all, as the security belonged to the principal debtor and not the surety.
bdischarged to the extent of the value of the security so lost.
cliable to indemnify the creditor for the lost security.
dwholly discharged from his liability irrespective of the value of the security lost.
Answer: B
Section 141 entitles the surety to the benefit of every security the creditor holds against the principal debtor; if the creditor loses or parts with such security without the surety's consent, the surety is discharged to the extent of the value of that security.
The creditor, without the consent of the surety, makes a contract with the principal debtor by which he agrees to give the principal debtor extra time to pay the guaranteed debt. The effect under the Indian Contract Act is that -
athe surety is discharged only as to interest, not principal.
bthe surety's liability is enhanced by the period of extension.
cthe surety is discharged.
dthe surety continues to be liable as the variance benefits him.
Answer: C
Under Section 135, a contract between the creditor and principal debtor by which the creditor makes a composition with, or promises to give time to, or not to sue, the principal debtor, made without the surety's consent, discharges the surety.
A pledges goods with B to secure repayment of a loan. On the due date A makes default. Under Section 176 of the Indian Contract Act, B (the pawnee) -
aautomatically becomes the owner of the pledged goods on default.
bmust first obtain a decree before he can retain or sell the goods.
cmay sell the goods immediately without any notice to A.
dmay bring a suit on the debt and retain the goods as collateral security, or sell the goods after giving the pawnor reasonable notice of sale.
Answer: D
Section 176 gives the pawnee, on the pawnor's default, the option either to sue on the debt while retaining the goods as collateral security, or to sell the goods after giving the pawnor reasonable notice of sale.
After A had voluntarily and without any request supported B's infant child, B promises to pay A's expenses in so doing. The agreement is -
aa valid contract under the second exception to Section 25, being a promise to compensate for a past voluntary act which the promisor was legally compellable to do.
bvoidable at the option of B.
cvoid, as the act was done before the promise and without consideration.
denforceable only if reduced to writing and registered.
Answer: A
The second exception to Section 25 validates a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something the promisor was legally compellable to do; supporting B's infant child is the statutory illustration.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of acts endangering the sovereignty, unity and integrity of India (which broadly replaces the erstwhile offence of sedition) is contained in -
aSection 152
bSection 150
cSection 197
dSection 124A
Answer: A
Section 152 of the BNS, 2023 penalises exciting secession, armed rebellion, subversive activities or separatist feelings; it has replaced sedition under the old IPC Section 124A.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section embodies the rule that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 25
bSection 22
cSection 27
dSection 23
Answer: D
Section 23 of the BSA, 2023 bars proof of a confession made to a police officer, carrying forward the principle of the old Section 25 of the Evidence Act.
The leading authority on the scope of the rule permitting proof of so much of an information from an accused as relates distinctly to the fact discovered (now Section 23(2)/the 'discovery' rule under the BSA, 2023) is -
aPakala Narayana Swami v. King-Emperor
bPulukuri Kottaya v. King-Emperor
cState of U.P. v. Deoman Upadhyaya
dAghnoo Nagesia v. State of Bihar
Answer: B
In Pulukuri Kottaya v. King-Emperor (AIR 1947 PC 67), the Privy Council laid down that only that part of the information distinctly relating to the fact discovered is admissible, the classic exposition still followed under the discovery rule.
The doctrine that capital punishment should be imposed only in the 'rarest of rare cases' was propounded by the Supreme Court in -
aMachhi Singh v. State of Punjab
bMithu v. State of Punjab
cJagmohan Singh v. State of U.P.
dBachan Singh v. State of Punjab
Answer: D
In Bachan Singh v. State of Punjab (1980), the Constitution Bench upheld the death penalty and held that it should be awarded only in the 'rarest of rare cases'; Machhi Singh later only illustrated the categories.
In which decision did the Supreme Court permit passive euthanasia for a patient in a permanent vegetative state, subject to safeguards, invoking the doctrine of parens patriae?
aGian Kaur v. State of Punjab
bP. Rathinam v. Union of India
cAruna Ramchandra Shanbaug v. Union of India
dCommon Cause v. Union of India
Answer: C
In Aruna Ramchandra Shanbaug v. Union of India (2011), the Supreme Court held that passive euthanasia (withdrawal of life support) is permissible in rare cases with High Court sanction under the parens patriae doctrine.
The Supreme Court declared the 99th Constitutional Amendment and the National Judicial Appointments Commission Act, 2014 unconstitutional, thereby reviving the collegium system, in -
aSupreme Court Advocates-on-Record Association v. Union of India (1993)
bSupreme Court Advocates-on-Record Association v. Union of India (2015)
cUnion of India v. Sankalchand Himatlal Sheth
dS.P. Gupta v. Union of India
Answer: B
In the NJAC case, Supreme Court Advocates-on-Record Association v. Union of India (2015), a five-Judge Bench struck down the 99th Amendment and the NJAC Act by 4:1 as violative of the basic structure (judicial independence).
If in a certain code language 'COURT' is written as 'DPVSU', then how is the word 'JUDGE' written in the same language?
aKWEHF
bKVDHF
cIVEHF
dKVEHF
Answer: D
Each letter is shifted forward by one position (C→D, O→P, etc.). Applying the same shift to JUDGE gives K, V, E, H, F = KVEHF.
Q84Reasoning & Mental Ability
Pointing to a photograph, a woman said, 'He is the only son of the mother of my father's wife.' How is the man in the photograph related to the woman?
aMaternal uncle
bBrother
cCousin
dFather
Answer: A
Her father's wife is her mother; the mother of her mother is her maternal grandmother; the only son of her maternal grandmother is her mother's brother, i.e., her maternal uncle.
Q85Reasoning & Mental Ability
A series of figures follows the number pattern 2, 6, 12, 20, 30, ... . What is the next number in the series?
a44
b40
c42
d36
Answer: C
The differences increase by 2 each time (4, 6, 8, 10, ...). Adding 12 to 30 gives 42; equivalently the terms are n(n+1) for n = 1, 2, 3, ...
Q86Reasoning & Mental Ability
In a row of 40 students facing north, Rahul is 11th from the left end and Meera is 19th from the right end. How many students are sitting between Rahul and Meera?
a9
b10
c11
d8
Answer: B
Rahul's position from the left is 11; Meera's position from the left is 40 − 19 + 1 = 22. The number between them is 22 − 11 − 1 = 10.
Q87Reasoning & Mental Ability
If the day before yesterday was a Thursday, what day of the week will it be on the day after tomorrow?
aSunday
bTuesday
cMonday
dWednesday
Answer: C
If the day before yesterday was Thursday, today is Saturday. The day after tomorrow is two days after Saturday, which is Monday.
Q88Specific Relief Act
A was dispossessed of his immovable property otherwise than in due course of law on 1st January. By when must he institute a suit under Section 6 of the Specific Relief Act, 1963 to recover possession on the strength of his prior possession alone?
aBefore the expiry of six months from the date of dispossession.
bAfter the expiry of six months but before one year from the date of dispossession.
cBefore the expiry of twelve years from the date of dispossession.
dBefore the expiry of three years from the date of dispossession.
Answer: A
Section 6(2)(a) bars a suit under Section 6 after the expiry of six months from the date of dispossession. The twelve-year period applies only to a title suit under Section 5 read with the Limitation Act.
Which of the following statements regarding a suit under Section 6 of the Specific Relief Act, 1963 is correct?
aAn appeal lies from a decree passed under Section 6, but no review is permitted.
bNo appeal lies and no review is allowed, but the dispossessed party may file a separate suit to establish title and recover possession.
cBoth an appeal and a review lie from a decree passed under Section 6.
dA suit under Section 6 may be brought even against the Government.
Answer: B
Section 6(3) bars both appeal and review from a decree or order under Section 6, but expressly preserves the right to file a regular title suit; Section 6(2)(b) bars such a suit against the Government.
After the Specific Relief (Amendment) Act, 2018 came into force, which statement most accurately reflects the law on specific performance of a contract under Section 10?
aSpecific performance continues to be a purely discretionary equitable relief.
bSpecific performance is available only for contracts relating to immovable property.
cSpecific performance can never be granted where damages would afford adequate relief.
dSpecific performance shall be enforced by the court subject only to the provisions of Sections 11(2), 14 and 16.
Answer: D
The 2018 Amendment substituted Section 10 so that specific performance 'shall be enforced' subject to Sections 11(2), 14 and 16, converting it from a discretionary remedy into the general rule.
Which one of the following contracts can still be specifically enforced under Section 14 of the Specific Relief Act, 1963 as amended in 2018?
aA contract which is in its nature determinable.
bA contract the performance of which involves a continuous duty which the court cannot supervise.
cA written contract for the sale of a specific immovable property, the breach of which is not otherwise barred.
dA contract in respect of which the aggrieved party has already obtained substituted performance under Section 20.
Answer: C
The amended Section 14 lists only four categories that cannot be specifically enforced; a contract for sale of specific immovable property falls in none of them and remains enforceable. Options (a), (b) and (d) are the excluded categories.
Under Section 16(c) of the Specific Relief Act, 1963 (as amended in 2018), a plaintiff seeking specific performance must plead and prove that he -
ais willing to perform the contract provided the court so directs after the decree.
bwas ready and willing to perform the contract only at the date of filing the suit.
chad performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him.
dhad performed the contract in full before instituting the suit.
Answer: C
Section 16(c) requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract to be performed by him, other than terms whose performance the defendant prevented or waived.
Under the definition of "tenant" in Section 2(6) of the Kerala Buildings (Lease and Rent Control) Act, 1965, on the death of a tenant the expression includes -
athe person nominated in writing by the deceased tenant before his death.
bthe surviving spouse, or any son or daughter, of the deceased tenant who had been living with the tenant in the building as a member of the family up to the death of the tenant.
conly the surviving spouse of the deceased tenant, irrespective of residence.
dany legal heir of the deceased tenant under the personal law applicable to him.
Answer: B
Section 2(6) extends "tenant" to the surviving spouse, or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of the family up to the death of the tenant.
Under the definition of "building" in Section 2(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, which of the following is expressly EXCLUDED?
aFurniture supplied by the landlord for use in the building.
bA room in a hotel or boarding-house.
cThe garden, grounds and structures appurtenant to the building and let along with it.
dFittings affixed by the landlord for use in the building.
Answer: B
Section 2(1) defines "building" to include appurtenant gardens, grounds, structures and landlord-supplied furniture/fittings, but expressly excludes a room in a hotel or boarding-house.
Under Section 7 of the Kerala Buildings (Lease and Rent Control) Act, 1965, where the taxes and cesses payable by the landlord to a local authority increase after fixation of the fair rent, the increase recoverable from the tenant shall not exceed -
athe entire amount of the increased tax.
bten per cent of the original fair rent.
cfive per cent of the original fair rent.
dfifteen per cent of the original fair rent.
Answer: C
The proviso to Section 7(1) caps the increase recoverable from the tenant on account of increased taxes and cesses at five per cent of the original fair rent.
Under the Kerala Buildings (Lease and Rent Control) Act, 1965, an application for eviction on the ground of arrears of rent under Section 11(2) can be maintained only if the landlord has first sent a registered notice intimating the default, and the tenant has thereafter failed, within the prescribed period of the receipt or refusal of the notice, to pay or tender the rent together with interest and postal charges. That period is -
afifteen days
bseven days
cthirty days
done month
Answer: A
The proviso to Section 11(2)(b) requires the tenant to pay or tender the arrears with six per cent interest and postal charges within fifteen days of receipt or refusal of the registered notice; only then can an eviction petition for default be made.
A cheque is defined under Section 6 of the Negotiable Instruments Act, 1881 as -
aany written instrument directing payment of money out of a bank account.
ban unconditional promise in writing to pay a certain sum to a banker.
ca bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, and includes the electronic image of a truncated cheque and a cheque in electronic form.
dan order to a banker to pay a sum at a future fixed date.
Answer: C
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, and (by the Explanations) includes a truncated cheque and a cheque in electronic form.
A holds a promissory note executed by B payable by five equal annual instalments, with a default clause making the whole sum due on default of any instalment. A sues B only for one instalment that has fallen due, without invoking the default clause. With respect to the remaining instalments, A -
amust wait until all instalments fall due before instituting any suit.
bmay file a fresh suit for each instalment as and when it falls due.
cmay sue for the remaining instalments in the same suit notwithstanding the relief claimed.
dcannot afterwards sue for the other instalments, the cause of action being one and indivisible.
Answer: B
Where a note is payable by instalments, each instalment furnishes a separate cause of action; the holder may sue for each instalment as it falls due (unless the default/acceleration clause is invoked, which makes the whole sum due at once).
Which one of the following statements regarding a promissory note under Section 4 of the Negotiable Instruments Act, 1881 is INCORRECT?
aThe sum payable must be certain and the payment must be to or to the order of a certain person, or to the bearer.
bIt contains an unconditional undertaking to pay.
cIt may contain a conditional undertaking to pay on the happening of a contingency.
dIt is an instrument in writing.
Answer: C
Section 4 requires an unconditional undertaking. An undertaking subject to a contingency destroys the character of a promissory note, so a conditional undertaking is not permissible.
A document contains the words: "I promise to pay B or order the sum of Rs. 10,000 if my crop yields a profit this season." This document -
ais a valid promissory note, the condition being a mere recital.
bis a bill of exchange drawn on the maker himself.
cis not a promissory note, as the undertaking to pay is not unconditional.
dis a valid promissory note payable on demand.
Answer: C
Section 4 of the Negotiable Instruments Act, 1881 requires a promissory note to contain an unconditional undertaking to pay. An undertaking made dependent on a contingency (profit from a crop) is conditional and hence not a promissory note.
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