Kerala Judiciary Mock Test 5 — Questions & Solutions
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A convict has been sentenced to death and his appeal has been dismissed by the Supreme Court. As per Section 472 of the BNSS, 2023, a mercy petition to the President or the Governor must be filed within -
athirty days from the date the Superintendent of jail informs him of the dismissal.
bsixty days from the date of conviction by the trial court.
cfifteen days from the date of pronouncement of the death sentence.
dninety days from the date of confirmation of the sentence.
Answer: A
Section 472 BNSS prescribes that a mercy petition under Article 72 or 161 must be filed within thirty days of the Superintendent of jail informing the convict of dismissal of the appeal, review or SLP, or of confirmation of the death sentence.
A person apprehending arrest in a non-bailable offence seeks pre-arrest protection. Under the BNSS, 2023, an application for anticipatory bail under Section 482 -
alies only before the Judicial Magistrate of the First Class.
blies before the Court of Session or the High Court.
cis not maintainable, as anticipatory bail has been abolished under the BNSS.
dlies before any criminal court including the Executive Magistrate.
Answer: B
Section 482 BNSS (corresponding to old Section 438 CrPC) provides for anticipatory bail, and the application is maintainable before the Court of Session or the High Court only.
A charge has been framed against a proclaimed offender against whom there is no immediate prospect of arrest, and the conditions of issuing successive warrants and newspaper publication have been satisfied. Under Section 356 of the BNSS, 2023, the court may commence trial in his absence (in absentia) after the lapse of -
aone hundred eighty days from the registration of the FIR.
bthirty days from the date of the proclamation.
cninety days from the date of framing of the charge.
dsixty days from the issue of the first warrant.
Answer: C
Section 356 BNSS, a new provision permitting trial in absentia of proclaimed offenders, allows the court to proceed with such trial after ninety days have lapsed from the date of framing of the charge.
Information disclosing a cognizable offence punishable with more than seven years' imprisonment is received by a police officer. Under Section 35 of the BNSS, 2023, with respect to arrest the officer -
amay arrest without warrant on credible information of commission of such offence.
bcan arrest only after recording reasons in writing for the necessity of arrest, as in offences below seven years.
ccannot arrest at all until the charge-sheet is filed.
dmust first obtain a warrant from the Magistrate before any arrest.
Answer: A
Section 35(1) BNSS authorises a police officer to arrest without warrant on receipt of credible information that a person has committed a cognizable offence punishable with imprisonment exceeding seven years; the requirement of recording reasons and necessity conditions applies to offences punishable with less than seven years.
After completion of investigation in an offence punishable with imprisonment of less than ten years where the accused is in custody, the police report under Section 193 of the BNSS, 2023 must ordinarily be filed within -
aninety days from the date of registration of the FIR.
bthirty days from the arrest of the accused.
cone hundred eighty days from cognizance.
dsixty days from the date of registration of the FIR.
Answer: D
Read with Section 187, the final report under Section 193 BNSS for offences punishable with imprisonment of less than ten years is to be filed within sixty days; the ninety-day limit applies to offences punishable with ten years or more, life imprisonment or death.
A police station in Ernakulam receives information disclosing the commission of a cognizable offence which was actually committed within the limits of a police station in Kollam. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge -
ashall record the information in the General Diary but is not bound to register an FIR for an offence committed outside its limits.
bmay register the FIR only after obtaining the prior permission of the Superintendent of Police.
cshall register the First Information Report irrespective of the area where the offence was committed, and thereafter cause it to be transferred to the police station having jurisdiction.
dmust refuse to register the information and direct the informant to approach the Kollam police station.
Answer: C
Section 173(1) BNSS codifies the 'Zero FIR' by mandating registration of information on a cognizable offence 'irrespective of the area where the offence is committed', after which it is transferred to the station having territorial jurisdiction.
On completion of investigation into an offence punishable with imprisonment for ten years or more, the accused has been in custody and no police report has been filed. Under the proviso to Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate cannot authorise detention beyond a total period of -
asixty days.
bseventy-five days.
cone hundred and eighty days.
dninety days.
Answer: D
Under Section 187(3) BNSS, the maximum period of detention pending investigation is ninety days where the offence is punishable with death, imprisonment for life or imprisonment for ten years or more; on its expiry the accused is entitled to default bail.
An officer in charge of a police station in Thrissur receives information about an offence punishable with imprisonment for seven years and above. As per Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory that -
aa forensic expert visit the crime scene to collect forensic evidence and the process be videographed using electronic means.
ba final report be filed within thirty days of registration of the FIR.
cthe investigation be transferred to a Deputy Superintendent of Police.
dthe accused be produced before the Magistrate within six hours of arrest.
Answer: A
Section 176(3) BNSS makes it mandatory, for offences punishable with seven years or more, that a forensic expert visit the scene of crime to collect forensic evidence and that the collection process be videographed on a mobile phone or other electronic device.
A complainant aggrieved by the inaction of the police approaches a Judicial First Class Magistrate seeking a direction for investigation. The power of the Magistrate to order an investigation into a cognizable offence is conferred by -
aSection 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
bSection 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
cSection 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
dSection 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Answer: D
Section 175(3) BNSS (corresponding to Section 156(3) CrPC) empowers a Magistrate to order an investigation into a cognizable offence after considering the application supported by an affidavit and the police inaction.
A person accused of an offence triable by a Magistrate wishes to file an application for plea bargaining. Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such application must be filed -
awithin thirty days from the date of framing of the charge.
bwithin sixty days from the date of first appearance of the accused.
cbefore the framing of the charge only.
dat any time before the pronouncement of judgment.
Answer: A
Section 290 BNSS introduces a fixed timeline by requiring an application for plea bargaining to be filed within thirty days from the date of framing of charge, a departure from the open-ended position under the CrPC.
A wife who has been divorced and has not remarried claims monthly maintenance from her former husband who has sufficient means. The proper provision under which she may apply to a Magistrate of the first class is -
aSection 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
bSection 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
cSection 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
dSection 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Answer: B
Section 144 BNSS (corresponding to Section 125 CrPC) provides for an order of maintenance for wives, children and parents, and the Explanation includes a divorced wife who has not remarried within the meaning of 'wife'.
Which of the following Magistrates has NO power to make a conditional order for the removal of a public nuisance under Section 152(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSub-Divisional Magistrate.
bJudicial Magistrate of the First Class.
cDistrict Magistrate.
dExecutive Magistrate specially empowered in that behalf by the State Government.
Answer: B
The power to pass a conditional order for removal of nuisance under Section 152 BNSS vests in the District Magistrate, the Sub-Divisional Magistrate or any other Executive Magistrate specially empowered; a Judicial Magistrate has no such power.
An undertrial prisoner who is a first-time offender and has never been convicted of any offence in the past has been in detention pending trial. Under Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, he is entitled to be released on bond if he has undergone detention up to -
aone-half of the maximum period of imprisonment specified for the offence.
bthe entire maximum period of imprisonment specified for the offence.
cone-third of the maximum period of imprisonment specified for the offence.
done-fourth of the maximum period of imprisonment specified for the offence.
Answer: C
The first proviso to Section 479(1) BNSS provides that a first-time offender (never previously convicted) shall be released on bond on completing detention up to one-third of the maximum period of imprisonment, whereas the general rule under the section is one-half.
A person against whom a warrant has been issued has absconded and been declared a proclaimed offender, and there is no immediate prospect of arresting him. As per Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may commence the trial in his absence only after the lapse of -
athirty days from the date of framing of the charge.
bninety days from the date of framing of the charge.
csixty days from the date of issue of the proclamation.
done hundred and eighty days from the date of declaration as proclaimed offender.
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender; the trial does not commence until ninety days have lapsed from the date of framing of the charge, and the court must record reasons in writing in the interest of justice.
After a police report is filed, copies of the report and the documents relied on must be supplied to the accused and the victim. Under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such copies must be furnished within -
afourteen days from the date of production or appearance of the accused.
bsixty days from the date of cognizance.
cthirty days from the date of filing of the police report.
dseven days from the date of production or appearance of the accused.
Answer: A
Section 230 BNSS prescribes a fourteen-day timeline from the production or appearance of the accused for furnishing copies of the police report and connected documents, and permits supply through electronic means.
In a suit for partition, the defendant is served with summons. Under Order 8 Rule 1 CPC, the defendant is ordinarily required to present a written statement of his defence within -
asixty days from the date of institution of the suit.
bthirty days from the date of service of summons, extendable for reasons recorded, not later than ninety days.
cninety days from the date of framing of issues.
dfifteen days from the date of service of summons.
Answer: B
Order 8 Rule 1 prescribes thirty days from service of summons to file the written statement, which the court may extend for recorded reasons up to a maximum of ninety days from service.
Civil courts have jurisdiction to try all suits of a civil nature under Section 9 CPC. The Explanation makes it clear that a suit in which the right to property or to an office is contested is a suit of a civil nature -
anotwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
bonly if the right depends on the decision of questions as to religious rites or ceremonies.
conly where no question of religious rites is involved at all.
donly if the suit is also of a commercial character.
Answer: A
Explanation I to Section 9 declares that a suit in which the right to property or to an office is contested is a suit of a civil nature notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
A High Court or District Court may, of its own motion or on the application of a party, transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try it. This power is conferred by -
aSection 23 CPC.
bSection 25 CPC.
cSection 22 CPC.
dSection 24 CPC.
Answer: D
Section 24 confers on the High Court and District Court the general power, suo motu or on application, to transfer and withdraw suits, appeals and proceedings; Section 25 deals with the Supreme Court's power to transfer between States.
In a suit for permanent prohibitory injunction, a question of title arose and the parties led evidence on title; after trial the suit was dismissed. The plaintiff thereafter files a second suit for recovery of possession on the strength of the very same title, which was directly and substantially in issue and finally decided in the earlier suit. The second suit is -
abarred only under Order 2 Rule 2 CPC and not by res judicata.
bnot barred, as the reliefs claimed in the two suits are different.
cbarred by the principle of res judicata under Section 11 CPC.
dmaintainable, since an injunction suit and a possession suit are of different natures.
Answer: C
Where a matter of title was directly and substantially in issue and finally decided between the same parties in a former suit, Section 11 bars its re-agitation in a subsequent suit, even if the reliefs differ.
A plaintiff seeks urgent interim relief in a suit to be instituted against the State of Kerala and applies, without serving the two months' notice under Section 80(1) CPC, for leave under Section 80(2) CPC. Which of the following is correct?
aThe court may grant leave to institute the suit, but shall not grant any relief, interim or otherwise, without first giving the Government a reasonable opportunity of showing cause.
bLeave under Section 80(2) can be granted only after the two months' notice has been served and has expired.
cNo suit against the Government can ever be instituted without the statutory notice, and Section 80(2) has no application to the Government.
dOnce leave is granted, the court may at once pass an ex parte interim order against the Government.
Answer: A
Section 80(2) CPC permits a suit for urgent or immediate relief to be instituted with the leave of the court without prior notice, but the proviso bars grant of any relief (interim or otherwise) without giving the Government or public officer a reasonable opportunity of showing cause.
A decree is passed by a civil court in Kerala in a suit of a nature cognisable by a Court of Small Causes, where the value of the subject-matter of the original suit is Rs. 8,000. An appeal is sought to be filed. Which statement is correct?
aNo appeal lies at all, the decree being final.
bAn appeal lies only on a question of law.
cAn appeal lies both on questions of law and fact as in any ordinary suit.
dAn appeal lies only with the leave of the appellate court.
Answer: B
Under Section 96(4) CPC, no appeal lies, except on a question of law, from a decree in a suit of a nature cognisable by Courts of Small Cause where the value of the subject-matter does not exceed ten thousand rupees.
A suit is compromised between the parties and the court passes a decree in terms of the compromise. The defendant later wishes to challenge the decree by way of a regular first appeal. Which of the following is correct?
aAn appeal lies as a matter of right under Section 96(1) CPC.
bAn appeal lies only if the value of the suit exceeds ten thousand rupees.
cNo appeal lies from a decree passed by the court with the consent of parties.
dAn appeal lies but only on a substantial question of law.
Answer: C
Section 96(3) CPC expressly bars an appeal from a decree passed by the court with the consent of parties; the aggrieved party's remedy is otherwise (e.g., recall under Order 23 Rule 3 proviso).
In a second appeal under Section 100 CPC, the High Court at the time of admission frames a substantial question of law. At the final hearing of the appeal, which of the following is correct regarding the scope of hearing?
aThe respondent cannot at the hearing argue that the case does not involve the question framed.
bThe appeal shall be heard only on the substantial question of law so framed.
cThe High Court may decide the appeal on equity even without any question of law.
dThe appeal may be re-heard on all questions of fact and law afresh.
Answer: B
Section 100(5) CPC provides that the second appeal shall be heard on the substantial question of law so framed; the proviso lets the court hear the appeal on any other substantial question of law for reasons recorded, but the respondent may argue the case does not involve such a question.
In a prior suit for injunction, the plaintiff could have raised, but deliberately omitted to raise, a particular ground of title in support of his claim. In a subsequent suit he seeks to raise that very ground. The bar that operates against him is best described as -
aThe bar of limitation under the Limitation Act, 1963.
bThe bar under Order 2 Rule 2 CPC against splitting of reliefs.
cThe doctrine of lis pendens under Section 52 of the Transfer of Property Act.
dConstructive res judicata under Explanation IV to Section 11 CPC.
Answer: D
Explanation IV to Section 11 CPC embodies constructive res judicata: a matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue.
A party seeks to amend his pleadings after the trial has commenced. Under the proviso to Order 6 Rule 17 CPC, the court shall not allow the amendment unless it concludes that -
ain spite of due diligence, the party could not have raised the matter before the commencement of trial.
bthe court fee on the amended claim has already been paid.
cthe opposite party consents in writing to the amendment.
dthe amendment does not change the nature of the suit.
Answer: A
The proviso to Order 6 Rule 17 CPC bars amendment after the trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial.
A plaint is presented before a Munsiff's court in Kerala which finds, before trial, that it has no jurisdiction to entertain the suit and that the suit ought to have been instituted in another court. The correct course for the court is to -
atransfer the suit to the proper court under Section 24 CPC.
breject the plaint under Order 7 Rule 11 CPC.
creturn the plaint under Order 7 Rule 10 CPC to be presented to the proper court.
ddismiss the suit for want of jurisdiction.
Answer: C
Order 7 Rule 10 CPC requires the plaint to be returned, at any stage of the suit, to be presented to the court in which the suit should have been instituted, with the prescribed endorsements; rejection under Order 7 Rule 11 is for distinct grounds.
An ex parte decree is passed against a defendant. He applies under Order 9 Rule 13 CPC to set it aside. The court may set aside the decree if the defendant satisfies it that -
athe decree is erroneous on the merits.
bhe has a good case on appeal against the decree.
cthe plaintiff's claim is barred by limitation.
dthe summons was not duly served, or he was prevented by sufficient cause from appearing.
Answer: D
Order 9 Rule 13 CPC permits setting aside an ex parte decree where the defendant shows that the summons was not duly served, or that he was prevented by sufficient cause from appearing when the suit was called on for hearing.
The High Court is moved to exercise its revisional jurisdiction under Section 115 CPC against an order of a subordinate court. Such jurisdiction is available where the subordinate court -
ahas passed any decree from which an appeal also lies.
bhas merely committed an error of law or of fact, irrespective of jurisdiction.
chas, in the opinion of the High Court, reached a wrong conclusion on the evidence.
dhas exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction.
Answer: D
Section 115 CPC confines revision to jurisdictional error, namely where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction, and only where no appeal lies.
A District Court in Kerala, on an application, withdraws a suit pending in a Munsiff's court subordinate to it. Section 24 CPC empowers it to -
atransfer the suit to a court in another State for convenience.
btransfer the suit only to another court of equal rank, never try it itself.
cwithdraw a suit only when both parties consent in writing.
dtransfer the withdrawn suit for trial to any court subordinate to it and competent to try it, or retry or dispose of it itself.
Answer: D
Under Section 24 CPC, the High Court or District Court may transfer or withdraw any suit, appeal or other proceeding pending in a subordinate court and either try and dispose of it itself or transfer it to a competent subordinate court; inter-State transfer is governed by Section 25 (Supreme Court).
The Bharatiya Nyaya Sanhita, 2023 introduced 'snatching' as a distinct offence. Snatching, as defined, is -
aextortion accompanied by sudden force.
btheft where, in order to commit theft, the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property.
ca form of robbery where hurt is caused.
dcriminal breach of trust by a carrier.
Answer: B
Section 304(1) BNS provides that theft is 'snatching' if, in order to commit theft, the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away movable property from any person or his possession.
Causing death of any person by doing any rash or negligent act not amounting to culpable homicide is dealt with, under the Bharatiya Nyaya Sanhita, 2023, by -
aSection 106 BNS.
bSection 103 BNS.
cSection 110 BNS.
dSection 105 BNS.
Answer: A
Section 106 BNS penalises causing death by a rash or negligent act not amounting to culpable homicide, corresponding to the old Section 304A IPC.
Voluntarily causing grievous hurt by use of acid, that is, by throwing or administering acid causing permanent or partial damage, deformity, burns, maiming or disfigurement, is an offence under the Bharatiya Nyaya Sanhita, 2023 specifically under -
aSection 132 BNS.
bSection 121 BNS.
cSection 124 BNS.
dSection 117 BNS.
Answer: C
Section 124 BNS specifically deals with voluntarily causing grievous hurt by use of acid, etc., carrying enhanced punishment.
A man follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly despite a clear indication of disinterest by her. Under the Bharatiya Nyaya Sanhita, 2023 this conduct constitutes the offence of -
astalking under Section 78 BNS.
bsexual harassment under Section 75 BNS.
ccriminal intimidation under Section 351 BNS.
dvoyeurism under Section 77 BNS.
Answer: A
Section 78 BNS defines stalking to include following a woman and contacting, or attempting to contact, her to foster personal interaction despite a clear indication of disinterest.
Whoever assaults or uses criminal force to any public servant in the execution of his duty as such public servant, or with intent to deter him from discharging his duty, commits an offence under the Bharatiya Nyaya Sanhita, 2023 under -
aSection 130 BNS.
bSection 351 BNS.
cSection 121 BNS.
dSection 132 BNS.
Answer: D
Section 132 BNS penalises assault or criminal force to deter a public servant from the discharge of his duty (corresponding to the old Section 353 IPC); Section 121 deals with voluntarily causing hurt to deter a public servant.
Under the general exceptions in the Bharatiya Nyaya Sanhita, 2023, the question 'when does the right of private defence of the body extend to the voluntary causing of death of the assailant' is answered by -
aSection 35 BNS.
bSection 38 BNS.
cSection 34 BNS.
dSection 41 BNS.
Answer: B
Section 38 BNS enumerates the assaults (such as assault reasonably causing apprehension of death or grievous hurt, of rape, of acid attack, of kidnapping) where the right of private defence of the body extends to causing death; Section 41 deals with private defence of property.
A new offence was created by the Bharatiya Nyaya Sanhita, 2023 to cover a continuing unlawful activity carried on by a member of an organised crime syndicate by use of violence, intimidation or coercion for pecuniary or other material benefit. This offence of 'organised crime' is contained in -
aSection 109 BNS.
bSection 117 BNS.
cSection 111 BNS.
dSection 113 BNS.
Answer: C
Section 111 BNS defines and punishes 'organised crime'; Section 112 deals with petty organised crime and Section 113 with terrorist act.
Whoever causes the death of any person by doing a rash or negligent act not amounting to culpable homicide is punishable, where the act does not relate to a medical procedure, under -
aSection 117 BNS.
bSection 105 BNS.
cSection 304A BNS.
dSection 106(1) BNS.
Answer: D
Section 106(1) BNS punishes causing death by a rash or negligent act not amounting to culpable homicide (the provision that replaced Section 304A of the IPC).
When a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if the act were done by him alone. This rule of joint liability is now contained in -
aSection 190 BNS.
bSection 3(5) BNS.
cSection 34 BNS.
dSection 61 BNS.
Answer: B
The principle of common intention, formerly Section 34 IPC, is now placed among the General Explanations in Section 3(5) of the BNS, 2023.
An assembly of five or more persons is designated an 'unlawful assembly' under the BNS, 2023 if the common object of its members is among those enumerated. The definition is found in -
aSection 194 BNS.
bSection 141 BNS.
cSection 189 BNS.
dSection 191 BNS.
Answer: C
Section 189 BNS defines unlawful assembly (five or more persons with a specified common object); Section 191 deals with rioting and Section 194 with affray.
When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit affray, an offence under -
aSection 194 BNS.
bSection 196 BNS.
cSection 193 BNS.
dSection 191 BNS.
Answer: A
Affray is defined and made punishable under Section 194 BNS (punishable with imprisonment up to one month, or fine up to one thousand rupees, or both).
Where the death of a woman is caused by burns or bodily injury, or occurs otherwise than under normal circumstances, within seven years of marriage and she was subjected soon before her death to cruelty in connection with a demand for dowry, the offence of 'dowry death' is dealt with under -
aSection 85 BNS.
bSection 79 BNS.
cSection 80 BNS.
dSection 304B BNS.
Answer: C
Section 80 BNS defines and punishes dowry death (minimum seven years' imprisonment, extendable to life); it replaced Section 304B IPC.
Under the Bharatiya Sakshya Adhiniyam, 2023, a conviction based upon the testimony of an accomplice is not illegal if it proceeds upon -
athe sole, uncorroborated testimony of the accomplice.
bthe corroborated testimony of the accomplice.
cthe testimony of at least two accomplices acting together.
dthe testimony of the accomplice reduced to a sworn affidavit.
Answer: B
Section 138 of the BSA, 2023 declares an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of the accomplice. Illustration (b) to Section 119 reinforces this rule of corroboration.
As to the number of witnesses, the Bharatiya Sakshya Adhiniyam, 2023 provides that -
ano particular number of witnesses shall in any case be required for the proof of any fact.
bat least two witnesses are required to prove any fact.
cthe number of witnesses required is to be fixed by the State Government by rules.
da fact in a criminal case must be proved by a minimum of three witnesses.
Answer: A
Section 139 of the BSA, 2023 (corresponding to Section 134 of the old Evidence Act) states that no particular number of witnesses shall in any case be required for the proof of any fact.
Under the Bharatiya Sakshya Adhiniyam, 2023, statements made by a person, since deceased, as to the cause of his death or the circumstances of the transaction which resulted in his death are relevant -
aonly when made under expectation of death and reduced to writing.
bonly if recorded by a Judicial Magistrate.
conly in cases triable exclusively by the Court of Session.
din cases in which the cause of that person's death comes into question, whether or not he was under expectation of death.
Answer: D
Section 26(a) of the BSA, 2023 makes such statements (the dying declaration) relevant whenever the cause of the person's death is in question, and it is immaterial whether or not the declarant was under expectation of death when the statement was made.
Under the Bharatiya Sakshya Adhiniyam, 2023, when a confession made by one of several persons jointly under trial for the same offence affects himself and some other of those persons, the Court -
amust treat it as substantive evidence against all the co-accused.
bmust wholly disregard it as against every accused, including the maker.
cmay use it only against the maker and never against any co-accused.
dmay take such confession into consideration as against such other person as well as against the maker.
Answer: D
Section 24 of the BSA, 2023 (formerly Section 30 of the Evidence Act) permits the Court to take into consideration a confession affecting the maker and other co-accused jointly under trial for the same offence as against such other person as well.
Under the Bharatiya Sakshya Adhiniyam, 2023, where the Court has to form an opinion as to identity of handwriting or finger impressions, or upon a point of science or art, the opinions of persons specially skilled in such field -
aare relevant facts, and such persons are called experts.
bare wholly inadmissible.
care conclusive and bind the Court.
dare admissible only if the expert is a Government servant.
Answer: A
Section 39 of the BSA, 2023 (formerly Section 45 of the Evidence Act) makes the opinions of specially skilled persons on foreign law, science, art, handwriting or finger impressions relevant facts, and styles such persons experts.
Under the Bharatiya Sakshya Adhiniyam, 2023, primary evidence means -
aoral evidence of the contents of the document.
ba counterpart executed by one party only.
cthe document itself produced for the inspection of the Court.
da certified copy of the document.
Answer: C
Section 57 of the BSA, 2023 (formerly Section 62 of the Evidence Act) defines primary evidence as the document itself produced for the inspection of the Court, with explanations now extending the concept to electronic and digital records.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption that an instrument was duly executed and attested attaches to a document which is proved or purports to be -
atwelve years old.
bsixty years old.
ctwenty years old.
dthirty years old.
Answer: D
Section 92 of the BSA, 2023 (formerly Section 90 of the Evidence Act) allows the Court to presume due execution and attestation of a document thirty years old produced from proper custody.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a suit or proceeding lies on that person -
awho is the defendant in the proceeding.
bwho would fail if no evidence at all were given on either side.
cwho first leads evidence in the proceeding.
don whom the Court, in its discretion, chooses to cast it.
Answer: B
Section 104 of the BSA, 2023 (formerly Section 101/102 of the Evidence Act) places the burden of proof on the person who would fail if no evidence were given on either side.
Under the Bharatiya Sakshya Adhiniyam, 2023, a leading question -
amay always be asked in examination-in-chief without objection.
bis one suggesting the answer which the person putting it wishes or expects to receive.
cis a question that the witness is bound to answer on oath.
dcan never be asked even in cross-examination.
Answer: B
Section 146 of the BSA, 2023 (formerly Section 141 of the Evidence Act) defines a leading question as any question suggesting the answer which the person putting it wishes or expects to receive.
Under the Bharatiya Sakshya Adhiniyam, 2023, where a document is registered and a certified copy of it is produced, duly certified, the Court -
ais bound to treat the certified copy as conclusive proof of the contents.
bmust require oral evidence of the officer who certified it.
cmay presume genuineness only after the original is also produced.
dshall presume the genuineness of every certified copy purporting to be so certified.
Answer: D
Section 78 of the BSA, 2023 (formerly Section 79 of the Evidence Act) directs the Court to presume to be genuine every document purporting to be a certificate or certified copy duly certified by an officer of the Central or State Government.
A material change introduced by the Bharatiya Sakshya Adhiniyam, 2023 in the classification of documents is that -
aregistered documents alone are treated as public documents.
bonly documents in electronic form can be public documents.
cpublic documents and private documents are now dealt with in a single section.
dprivate documents have been wholly abolished as a category.
Answer: C
Section 74 of the BSA, 2023 is titled 'Public and private documents' and clubs together what were Sections 74 and 75 of the old Evidence Act, defining both categories in one provision.
Under the Bharatiya Sakshya Adhiniyam, 2023, information contained in an electronic record which is produced by a computer or communication device is admissible without further proof or production of the original, provided -
ait is produced only through the testimony of two eyewitnesses.
bthe record is first converted into a registered document.
cthe conditions in Section 63, including the certificate under Section 63(4), are satisfied.
dno certificate of any kind is ever required.
Answer: C
Section 63 of the BSA, 2023 (formerly Section 65B of the Evidence Act) makes the output of a computer or communication device admissible as a deemed document where the statutory conditions are met, accompanied by the certificate prescribed under Section 63(4).
Which two words were inserted into the Preamble by the Constitution (Forty-second Amendment) Act, 1976, between the words 'Sovereign' and 'Democratic'?
aSecular and Socialist, in that order
bSocialist and Secular, in that order
cSovereign and Secular, in that order
dSocialist and Sovereign, in that order
Answer: B
The 42nd Amendment, 1976 inserted the words 'Socialist' and 'Secular' between 'Sovereign' and 'Democratic', so the Preamble now reads 'Sovereign Socialist Secular Democratic Republic'.
The duty of every parent or guardian to provide opportunities for education to his child or ward between the ages of six and fourteen years was added to the Fundamental Duties as clause (k) of Article 51A by which amendment?
aThe 86th Amendment, 2002
bThe 44th Amendment, 1978
cThe 42nd Amendment, 1976
dThe 93rd Amendment, 2005
Answer: A
The 86th Amendment, 2002 added Article 51A(k), raising the number of Fundamental Duties from ten to eleven, alongside inserting the right to education under Article 21A.
Dr. B.R. Ambedkar described which Article as 'the very soul of the Constitution and the very heart of it', being an article without which the Constitution would be a nullity?
aArticle 226
bArticle 14
cArticle 21
dArticle 32
Answer: D
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it the heart and soul of the Constitution, since it is itself a Fundamental Right.
A writ petition is filed in a High Court to enforce a purely statutory right where no Fundamental Right is involved. The maintainability of such a petition is best explained by which of the following?
aIt is maintainable, because Article 226 empowers a High Court to issue writs both for enforcement of Fundamental Rights and for any other purpose
bIt is not maintainable, as writ jurisdiction is confined to enforcement of Fundamental Rights only
cIt is maintainable only if transferred to the Supreme Court under Article 32
dIt is maintainable only if a Fundamental Right is shown to be indirectly affected
Answer: A
The power of a High Court under Article 226 is wider than that of the Supreme Court under Article 32: it may issue writs for enforcement of Fundamental Rights and 'for any other purpose', including enforcement of statutory and legal rights.
An appointment to a public office is challenged on the ground that the holder lacks the legal qualification prescribed for it. The appropriate writ to call upon the holder to show under what authority he holds the office is -
aQuo Warranto
bProhibition
cCertiorari
dMandamus
Answer: A
Quo Warranto, meaning 'by what authority', lies to question the legal title of a person to a public office and to oust a usurper who does not satisfy the prescribed qualifications.
Whether a Bill is a Money Bill or not is finally decided and certified by -
aThe Chairman of the Rajya Sabha
bThe Finance Minister
cThe Speaker of the Lok Sabha
dThe President of India
Answer: C
Under Article 110, the decision of the Speaker of the Lok Sabha as to whether a Bill is a Money Bill is final, and his certificate is binding on both Houses.
A Money Bill passed by the Lok Sabha is transmitted to the Rajya Sabha. The Rajya Sabha -
amay withhold assent for up to one month
bmay amend the Bill and the Lok Sabha is bound by such amendments
cmay reject the Bill, in which case it lapses
dmay only recommend amendments and must return the Bill within fourteen days, failing which it is deemed passed
Answer: D
The Rajya Sabha cannot amend or reject a Money Bill; it may only recommend amendments and must return the Bill within fourteen days, after which it is deemed to have been passed by both Houses, and the Lok Sabha may accept or reject the recommendations.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property can be effected -
aby a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
bby an oral declaration in the presence of two witnesses.
cby delivery of possession alone, without any writing.
dby an unregistered instrument, provided possession is delivered.
Answer: A
Section 123 mandates that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery as an alternative mode is allowed only for movable property.
Which one of the following statements relating to a gift under the Transfer of Property Act, 1882 is UNTRUE?
aA gift comprising both existing and future property is void as to the future property.
bA gift may be revoked at the mere will and pleasure of the donor.
cA gift may be made subject to a condition that it shall be suspended or revoked on the happening of a specified event not depending on the will of the donor.
dWhere a gift consists of the donor's whole property, the donee is personally liable for all the debts due by the donor at the time of the gift to the extent of the property comprised therein.
Answer: B
Under Section 126, a gift revocable at the mere will and pleasure of the donor is void; the other statements correctly reflect Sections 124, 126 and 128 of the Act.
Under Section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) is -
atransferable, provided the transfer is by a registered instrument.
btransferable only with the consent of the propositus whose estate is in question.
cnot transferable, being a mere possibility of a like nature.
dtransferable as an actionable claim.
Answer: C
Section 6(a) expressly bars transfer of the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, or any other mere possibility of a like nature. Such spes successionis is a non-transferable mere expectancy.
A transferred immovable property to B by a registered sale deed while a suit concerning the title to that very property was pending between A and C. Under Section 52 of the Transfer of Property Act, 1882, the transfer to B is -
avoid ab initio and confers no interest on B.
bvalid but B takes the property subject to the result of the pending suit.
cvalid and unaffected, as it was made by a registered instrument.
dvoidable at the instance of C only.
Answer: B
The doctrine of lis pendens under Section 52 does not render a pendente lite transfer void; the transfer is valid but binds the transferee to the result of the pending litigation, so B takes subject to C's rights as finally decreed.
In order to claim protection under Section 53A of the Transfer of Property Act, 1882, after the amendment of 2001, which of the following is NOT required?
aThat the transferee has done some act in furtherance of the contract and is willing to perform his part.
bThat the contract or instrument has been duly registered under the Registration Act, 1908.
cA contract in writing signed by the transferor from which the terms can be ascertained with reasonable certainty.
dThat the transferee has taken or continued in possession in part performance of the contract.
Answer: B
Section 53A operates precisely where the transfer has not been completed in the manner prescribed by law; it requires a written, signed contract with ascertainable terms, possession taken or continued in part performance, and the transferee's willingness to perform. A duly registered instrument of transfer is therefore not a requirement of Section 53A.
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 -
aonly by a registered instrument.
beither by a registered instrument or by delivery of property.
cby delivery of possession alone.
dby an unregistered written agreement attested by two witnesses.
Answer: A
Section 54 provides that in the case of tangible immovable property of value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, a sale can be made only by a registered instrument. Delivery is an option only where the value is less than one hundred rupees.
A, professing to transfer certain immovable property which he was not then authorised to transfer, sells it to B for consideration. A subsequently acquires title to that property. Under Section 43 of the Transfer of Property Act, 1882, B may -
aclaim the property only if A consents afresh after acquiring title.
bclaim only damages from A and not the property itself.
cclaim no relief, the original transfer being void for want of title.
dat his option, require the transfer to be completed out of the interest later acquired by A, so long as the contract subsists.
Answer: D
Section 43 embodies the doctrine of feeding the grant by estoppel: where a person erroneously or fraudulently represents authority to transfer and later acquires an interest, the transferee may, at his option, require the transfer to operate on that subsequently acquired interest, provided the contract of transfer still subsists.
A contracts to sell land to B. Before performance, the land is lawfully requisitioned by Government, but the requisition is temporary and the object of the contract has not become impossible to achieve. Applying Satyabrata Ghose v. Mugneeram Bangur & Co., the contract is -
aautomatically frustrated under Section 56, as Government requisition is a supervening event.
bnot frustrated, because mere temporary difficulty or interruption not striking at the root of the contract does not render performance impossible within Section 56.
cvoidable at the option of the seller alone.
dvoid from inception under the first paragraph of Section 56.
Answer: B
In Satyabrata Ghose v. Mugneeram Bangur & Co., the Supreme Court held that 'impossible' in Section 56 means practical impossibility going to the root of the contract; a temporary requisition not destroying the contract's basis does not frustrate it.
A contract provides that on breach the defaulting party shall pay Rs. 1,00,000 as the stipulated sum. The aggrieved party proves only Rs. 30,000 actual loss. Under Section 74 of the Indian Contract Act, the court may award -
aRs. 1,00,000 together with interest from the date of breach.
breasonable compensation not exceeding the sum named, whether or not actual damage is proved.
cthe full sum of Rs. 1,00,000 named in the contract, regardless of actual loss.
dnothing, because the named sum is in the nature of a penalty.
Answer: B
Section 74 entitles the aggrieved party to reasonable compensation not exceeding the amount named or penalty stipulated, irrespective of whether actual loss is proved; the named sum operates as a ceiling, not as an automatic entitlement.
Which one of the following statements about an agency under the Indian Contract Act, 1872 is correct?
aAn agency can be created only by an instrument in writing.
bA minor can never be appointed as an agent.
cNo consideration is necessary to create an agency (Section 185).
dConsideration is essential to create a valid contract of agency.
Answer: C
Section 185 expressly provides that no consideration is necessary to create an agency; the presence or absence of consideration does not affect the validity of the agent's appointment.
An agreement of which the consideration or object is in part unlawful and the unlawful part cannot be severed from the lawful part is, under Section 23 read with Section 24 of the Indian Contract Act -
aenforceable after deleting the unlawful portion.
bvoidable at the option of the innocent party.
cvoid in its entirety.
dvalid as to the lawful part only.
Answer: C
Where any part of a single consideration for one or more objects, or any one of several considerations for a single object, is unlawful and inseverable, Sections 23-24 render the whole agreement void.
X promises to supervise, on behalf of Y, an illegal traffic in narcotic drugs in return for a monthly salary. The agreement, the object and consideration being unlawful, is -
avoidable at the instance of Y.
bvoidable at the instance of X.
cvoid, as the object of X's promise and the consideration for Y's promise are unlawful.
dvalid, as Y has agreed to pay a salary.
Answer: C
Under Section 23, an agreement whose object or consideration is forbidden by law or opposed to public policy is unlawful, and by Section 24 the whole agreement is void; supervising an illegal narcotics traffic is unlawful.
Under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to that effect, an agent who makes a contract on behalf of his principal -
acannot personally enforce, nor is he personally bound by, contracts entered into by him on behalf of his principal.
bis liable only for contracts made with persons resident in India.
cis personally bound by such contract and may personally enforce it.
dis jointly liable with the principal in all cases.
Answer: A
Section 230 lays down the general rule that, in the absence of a contract to the contrary, an agent can neither personally enforce nor be personally bound by contracts made on behalf of his principal.
In which case did the Supreme Court hold that the 'procedure established by law' under Article 21 must be right, just and fair, and not arbitrary, fanciful or oppressive, thereby reading due process into the Article?
aManeka Gandhi v. Union of India
bA.K. Gopalan v. State of Madras
cSatwant Singh Sawhney v. D. Ramarathnam
dKharak Singh v. State of U.P.
Answer: A
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure under Article 21 must be fair, just and reasonable, overruling the narrow view in A.K. Gopalan.
The principle of natural justice expressed by the maxim 'nemo judex in causa sua' requires that -
awhere there is a right there is a remedy
bno person shall be condemned unheard
cno one shall be a judge in his own cause
dan act of the court shall prejudice no one
Answer: C
'Nemo judex in causa sua' means no one should be a judge in his own cause; it embodies the rule against bias, one of the two pillars of natural justice (the other being audi alteram partem).
Under the Constitution of India, the provision that 'the law declared by the Supreme Court shall be binding on all courts within the territory of India' is contained in -
aArticle 142
bArticle 144
cArticle 137
dArticle 141
Answer: D
Article 141 makes the law declared by the Supreme Court binding on all courts in India, forming the basis of the doctrine of precedent.
Statements: All advocates are graduates. Some graduates are judges. Which of the following conclusions necessarily follows?
aNo advocate is a judge.
bAll graduates are advocates.
cSome judges are graduates.
dSome advocates are judges.
Answer: C
'Some graduates are judges' converts validly to 'some judges are graduates'. The other options are not guaranteed by the premises.
Q84Reasoning & Mental Ability
Choose the pair that has the same relationship as 'Pen : Write'.
aCar : Wheel
bKnife : Cut
cWater : Drink
dBook : Read
Answer: B
A pen is a tool used to perform the action 'write'; likewise a knife is a tool used to perform the action 'cut'. The relationship is instrument-to-function.
Q85Reasoning & Mental Ability
A man walks 5 km towards the south, then turns left and walks 3 km, then turns left again and walks 5 km. In which direction is he now facing, and how far is he from the starting point?
aWest, 8 km
bNorth, 3 km
cNorth, 5 km
dEast, 3 km
Answer: B
Walking south 5 km, then east 3 km, then north 5 km returns him to the same latitude as the start, 3 km to the east, while he is now facing north. The straight-line distance from the start is 3 km.
Q86Reasoning & Mental Ability
If '+' means '÷', '÷' means '×', '×' means '−', and '−' means '+', then the value of 16 + 4 ÷ 2 − 8 × 3 is:
a13
b9
c5
d16
Answer: A
Substituting the symbols, the expression becomes 16 ÷ 4 × 2 + 8 − 3 = 8 + 8 − 3 = 13 (multiplication and division evaluated before addition and subtraction).
Q87Reasoning & Mental Ability
Five friends A, B, C, D and E are sitting in a row facing north. C is to the immediate right of D. B is at an extreme end and has A as a neighbour. E is between A and C. Who is sitting at the centre of the row?
aC
bE
cA
dD
Answer: B
The only arrangement satisfying all conditions is B, A, E, C, D from left to right; the person at the centre (third position) is E.
Q88Specific Relief Act
The remedy of 'substituted performance' introduced by the Specific Relief (Amendment) Act, 2018 is contained in which section, and what is its effect on a subsequent suit for specific performance?
aSection 21; it bars any claim for compensation.
bSection 20; the party may both obtain substituted performance and still claim specific performance.
cSection 20; once substituted performance is obtained, specific performance of that contract cannot thereafter be claimed.
dSection 22; it applies only to infrastructure contracts.
Answer: C
Section 20 (as substituted in 2018) allows an aggrieved party, after notice, to get the contract performed by a third party at the defaulter's cost; having obtained substituted performance, he cannot then sue for specific performance, which is why Section 14(a) lists such a contract as non-enforceable.
Section 20A inserted by the Specific Relief (Amendment) Act, 2018 provides that -
aspecial courts shall be designated to try every suit for specific performance.
bexpert opinion may be obtained by the court in suits for specific performance.
cspecific performance of contracts to refer disputes to arbitration may be granted.
dno court shall grant an injunction in any suit relating to a contract for an infrastructure project where granting the injunction would cause hindrance or delay in the progress or completion of the project.
Answer: D
Section 20A bars courts from granting injunctions in suits concerning notified infrastructure project contracts where the injunction would impede or delay the project's progress or completion.
An instrument may be rectified under Section 26 of the Specific Relief Act, 1963 where the plaintiff pleads and proves that -
athrough fraud or a mutual mistake of the parties the instrument does not express their real intention.
bthe instrument was procured by undue influence alone.
cone party unilaterally misunderstood the legal effect of the instrument.
dthe instrument was caused by coercion by the opposite party.
Answer: A
Section 26 permits rectification where, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not express their real intention.
A is in possession of B's land, denying B's title to it. B sues merely for a declaration that he is the owner, although he is in a position also to seek the consequential relief of possession, but omits to claim it. Under the proviso to Section 34 of the Specific Relief Act, 1963 -
athe court may grant the declaration and mould the consequential relief suo motu.
bthe court shall not make any such declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
cthe court must dismiss the suit and direct the plaintiff to file a fresh suit for possession only.
dthe court shall make the declaration since title is the only matter in issue.
Answer: B
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to seek that consequential relief.
In a suit for specific performance of a contract for sale, after a decree for specific performance has been passed in the plaintiff's favour, when can the defendant-seller apply for rescission of the contract under Section 28 of the Specific Relief Act, 1963?
aOnly by instituting a fresh and independent suit for rescission.
bHe has no remedy once a decree for specific performance is passed.
cOnly by filing an appeal against the decree for specific performance.
dBy applying in the same suit if the purchaser fails to pay the purchase money within the period fixed by the court.
Answer: D
Section 28 empowers the court that passed the decree, on an application in the same suit, to rescind the contract where the purchaser fails to pay the purchase money or other sums within the period fixed by the decree.
A landlord obtains an order of eviction against his tenant for arrears of rent under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The tenant wishes to save the tenancy. Which of the following correctly states the tenant's right?
aThe order is executable immediately and the tenant has no right to deposit arrears thereafter.
bThe tenant may deposit the arrears only after filing an appeal under Section 18.
cThe order may be vacated only once, and that too if the arrears are deposited within fifteen days.
dThe order shall not be executed before the lapse of one month from its date, and if the tenant deposits arrears with interest and costs within that month (or such other period as the Court allows), the Court shall vacate the order.
Answer: D
Section 11(2)(c) bars execution of the eviction order for one month from its date and directs the Rent Control Court to vacate the order if the tenant deposits the arrears with interest and costs of proceedings within a month or within such other period as the Court allows.
A purchases a tenanted building from B under a registered sale deed and immediately wishes to evict the sitting tenant under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for his own bona fide occupation. As per the third proviso to Section 11(3), a landlord whose right to recover possession arises under an instrument of transfer inter vivos -
ashall not be entitled to apply to be put in possession until the expiry of six months from the date of the instrument.
bmay apply for possession at any time after the date of the instrument.
cshall not be entitled to apply to be put in possession until the expiry of one year from the date of the instrument.
dshall not be entitled to apply to be put in possession until the expiry of two years from the date of the instrument.
Answer: C
The third proviso to Section 11(3) bars a landlord whose right to recover possession arises under an instrument of transfer inter vivos from applying for possession until the expiry of one year from the date of the instrument.
Under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a landlord may seek eviction of a tenant where the tenant uses the building in such a manner -
aas to reduce its value or utility.
bas to cause any damage, whether temporary or permanent, to the building.
cas to destroy or reduce its value or utility materially and permanently.
das to destroy its value.
Answer: C
Section 11(4)(ii) permits eviction only where the tenant uses the building so as to destroy or reduce its value or utility 'materially and permanently'; transient or trivial damage is not a ground.
A tenant of a building governed by the Kerala Buildings (Lease and Rent Control) Act, 1965 locks up the shop and shifts his business elsewhere. The landlord seeks eviction on the ground that the tenant has ceased to occupy the building. Eviction on this ground under Section 11(4) lies where the tenant ceases to occupy the building continuously -
afor one year without reasonable cause.
bfor six months without reasonable cause.
cfor three months without reasonable cause.
dfor any period, the duration being immaterial.
Answer: B
The cessation-of-occupation ground in Section 11(4) is attracted only where the tenant ceases to occupy the building continuously for six months without reasonable cause.
Where a negotiable instrument is silent as to the rate of interest, interest on the amount due is to be calculated under Section 80 of the Negotiable Instruments Act, 1881 at the rate of -
asix per centum per annum.
btwelve per centum per annum.
cnine per centum per annum.
deighteen per centum per annum.
Answer: D
Section 80 (as amended by Act 66 of 1988) provides that when no rate of interest is specified in the instrument, interest shall be calculated at eighteen per centum per annum from the date the amount ought to have been paid.
A 'cheque' as defined under Section 6 of the Negotiable Instruments Act, 1881 is -
aa bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.
ba bill of exchange payable to bearer on demand only.
ca promissory note drawn on a specified banker payable on demand.
dany order in writing addressed to a banker payable at a future date.
Answer: A
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 includes the electronic image of a truncated cheque and a cheque in electronic form.
Which one of the following is NOT a presumption raised under Section 118 of the Negotiable Instruments Act, 1881?
aThat every negotiable instrument was made or drawn for consideration.
bThat the indorsements appearing on the instrument were made in the order in which they appear thereon.
cThat the holder of the instrument is a holder for value but not a holder in due course.
dThat every transfer of a negotiable instrument was made before its maturity.
Answer: C
Section 118(g) presumes that the holder of a negotiable instrument is a holder in due course (not merely a holder for value), unless the instrument is shown to have been obtained by an offence, fraud or unlawful consideration.
An indorser signs his name alone on the back of a cheque payable to order, without specifying any indorsee. This amounts to -
aan indorsement in full.
ba conditional indorsement.
ca restrictive indorsement.
dan indorsement in blank.
Answer: D
Under Section 16, where the indorser signs his name only, the indorsement is said to be 'in blank'; if he adds a direction to pay a specified person, it is an indorsement 'in full'. An instrument indorsed in blank becomes payable to bearer.
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