Kerala Judiciary Mock Test 8 — Questions & Solutions
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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a summons issued by a court -
acan never be served in electronic form.
bmust in every case be served only by personal delivery of a paper duplicate.
cmay be served only through a police officer of or above the rank of Sub-Inspector.
dmay be served by electronic communication bearing the image of the court's seal, in such form and manner as the State Government may by rules provide.
Answer: D
Sections 63 and 64 BNSS permit summons in encrypted/electronic form bearing the image of the court's seal and allow service by electronic communication in the manner prescribed by State Government rules.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has no express counterpart in the Code of Criminal Procedure, 1973, makes statutory provision for -
athe commutation of a sentence of imprisonment for life.
bthe suspension of sentence pending appeal.
cthe procedure for filing of a mercy petition by or on behalf of a convict under sentence of death.
dthe procedure for grant of pardon to an approver.
Answer: C
Section 472 BNSS newly prescribes a statutory procedure and timeline for filing of a mercy petition by or on behalf of a convict sentenced to death.
Under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the case of an offence under specified provisions relating to offences against women and children (such as Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023), the investigation shall be completed -
awithin twenty-four hours.
bwithin six months from the date of recording of information.
cwithin two months from the date of recording of information.
dwithin fifteen days.
Answer: C
The proviso to Section 193(3) BNSS requires investigation of specified offences against women and children to be completed within two months from the date the information was recorded.
A woman approaches a police station in Ernakulam and gives oral information disclosing the commission of a cognizable offence which actually took place within the limits of a police station in Kollam. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge -
ashall record the information only in his station diary and forward it for enquiry.
bmay register the information only after obtaining sanction of the Superintendent of Police.
cshall register the information (a "Zero FIR") irrespective of the area where the offence was committed.
dmust refuse to record the information and direct her to the police station having territorial jurisdiction.
Answer: C
Section 173(1) BNSS expressly provides that information relating to a cognizable offence may be given 'irrespective of the area where the offence is committed', giving statutory recognition to the Zero FIR. Refusal on jurisdictional grounds is impermissible.
Information is given disclosing a cognizable offence punishable with imprisonment for a term of five years. Before registering a regular FIR, the officer in charge wishes to ascertain whether a prima facie case exists. Under Section 173(3) BNSS, a preliminary enquiry -
amay be conducted at the discretion of the station house officer and must be completed within seven days.
bmay be conducted only with the prior sanction of the jurisdictional Magistrate within thirty days.
cis wholly prohibited where the offence is cognizable.
dmay be conducted with the prior permission of an officer not below the rank of Deputy Superintendent of Police, and shall be completed within fourteen days.
Answer: D
Section 173(3) BNSS permits, for offences punishable with imprisonment for three years or more but less than seven years, a preliminary enquiry with prior permission of an officer not below the rank of DSP, to be completed within fourteen days.
An accused is in judicial custody while investigation of an offence punishable with imprisonment of less than ten years is pending. The investigating officer fails to file the police report. The accused becomes entitled to release on default bail under Section 187(3) BNSS on the expiry of -
aninety days from the date of first remand.
bforty days from the date of arrest.
cfifteen days from the date of first remand.
dsixty days from the date of first remand.
Answer: D
Under Section 187(3) BNSS, the indefeasible right to default bail accrues on the expiry of sixty days where the offence is not one punishable with death, imprisonment for life or imprisonment for not less than ten years; otherwise the period is ninety days.
Regarding police custody under Section 187(2) BNSS, which statement is correct?
aPolice custody of fifteen days, whether in whole or in parts, may be sought during the initial forty or sixty days of the total detention period of sixty or ninety days respectively.
bPolice custody can never exceed fifteen days and must be granted only within the first fifteen days of detention.
cPolice custody is unavailable once judicial custody has commenced.
dPolice custody may be granted for any period not exceeding the total period of ninety days.
Answer: A
Section 187(2) BNSS permits detention in police custody for fifteen days in whole or in parts, sought at any time during the initial forty or sixty days out of the total detention period of sixty or ninety days, a key departure from the position under Section 167 CrPC.
A person is alleged to have committed a cognizable offence punishable with imprisonment which may extend to seven years. Under Section 35 BNSS, the police officer -
ashall ordinarily issue a notice of appearance, arrest being an exception to be resorted to only where it is necessary for the reasons specified in the section.
bhas no power to arrest such a person at all.
cmust arrest the person before any investigation can begin.
dmay arrest only with the prior order of a Magistrate.
Answer: A
Section 35 BNSS (subsuming the former Section 41A CrPC notice in sub-sections (3) to (6)) makes issuance of a notice of appearance the rule and arrest the exception for offences punishable with imprisonment up to seven years, arrest being justified only on the recorded grounds in the section.
Under Section 479 BNSS dealing with the maximum period for which an undertrial prisoner may be detained, a first-time offender who has never been convicted of any offence in the past is entitled to be released on bond when he has undergone detention for a period extending up to -
aone-fourth of the maximum period of imprisonment specified for the offence.
bone-half of the maximum period of imprisonment specified for the offence.
cone-third of the maximum period of imprisonment specified for the offence.
dthe entire maximum period of imprisonment specified for the offence.
Answer: C
The first proviso to Section 479(1) BNSS provides that a person who is a first-time offender (never previously convicted) shall be released on bond by the Court on having undergone detention up to one-third of the maximum period of imprisonment specified for that offence; the general rule is one-half.
During investigation of an offence punishable with imprisonment for seven years or more, the BNSS introduces a mandatory requirement that -
athe accused be produced before a forensic Magistrate.
ba forensic expert shall visit the crime scene to collect forensic evidence and videograph the process.
cthe case be transferred to the Court of Session within thirty days.
dthe trial be conducted only by a Special Court.
Answer: B
Section 176(3) BNSS makes it mandatory, for offences punishable with imprisonment of seven years or more, for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process on a mobile phone or other electronic device.
A search of premises is conducted by an investigating officer during the course of an investigation under the BNSS. With respect to the conduct of such search and the preparation of the list of seized things, the BNSS now requires that -
atwo gazetted officers attest the search list.
bthe search be conducted only in the presence of a Magistrate.
cthe search be conducted only during daytime in every case.
dthe entire process of search and seizure, including the preparation of the list of seized articles, be recorded through audio-video electronic means, preferably a mobile phone.
Answer: D
Section 105 BNSS introduces mandatory audio-video electronic recording (preferably by mobile phone) of the conduct of search and the preparation of the list of seized things, to enhance transparency and curb procedural malpractice.
Anticipatory bail, that is, a direction for release on bail in the event of arrest on an accusation of a non-bailable offence, is now governed by which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 439
bSection 167
cSection 438
dSection 482
Answer: D
Anticipatory bail, formerly under Section 438 CrPC, is now provided for under Section 482 BNSS; unlike the CrPC provision, Section 482 omits the guiding factors and certain statutory bars, widening the court's discretion.
A husband neglects to maintain his wife who is unable to maintain herself. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order directing the husband to pay a monthly allowance for her maintenance may be made by a Magistrate under -
aSection 125
bSection 97
cSection 133
dSection 144
Answer: D
The provision for maintenance of wives, children and parents, formerly Section 125 CrPC, is re-enacted as Section 144 BNSS.
An accused has been declared a proclaimed offender and has absconded to evade trial, with no immediate prospect of arresting him. Under Section 356 BNSS, a trial in his absence (trial in absentia) may be commenced by the court -
aonly after the expiry of ninety days from the date of framing of the charge.
bonly with the prior sanction of the High Court.
conly after the expiry of one year from the date of the proclamation.
dimmediately upon his being declared a proclaimed offender.
Answer: A
Section 356 BNSS, which newly introduces trial in absentia of a proclaimed offender, provides that such a trial may commence only after the expiry of ninety days from the date of framing of the charge.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a summons issued by a court bearing the image of the seal of the court -
acan be served only by registered post acknowledgement due.
bcan be served only by personal delivery effected by a police officer.
cmay also be served by electronic communication in such form and manner as the State Government may, by rules, provide.
dmust in every case be served in the presence of two witnesses.
Answer: C
Section 64 BNSS expressly permits service of summons bearing the image of the court's seal by electronic communication in the form and manner prescribed by the State Government's rules, a significant technological reform over the CrPC.
A victim of a cognizable offence wishes to be kept informed of the progress of the investigation. Section 193 BNSS now obliges the police officer to inform the informant or the victim of the progress of the investigation within -
asixty days by post only.
bthirty days by any means including electronic communication.
cninety days by any means including electronic communication.
done hundred and eighty days in writing.
Answer: C
The proviso to Section 193(3) BNSS requires the police officer to inform the informant or victim, by any means including electronic communication, of the progress of the investigation within ninety days.
During the pendency of a suit, the sole defendant dies. The plaintiff fails to apply within the period of limitation to bring the legal representatives of the deceased on record. The consequence under Order 22 Rule 4 CPC is that -
athe suit abates as against the deceased defendant.
bthe suit is dismissed for default.
cthe suit continues against the estate without any substitution.
dthe court must suo motu implead the heirs without any application.
Answer: A
Under Order 22 Rule 4(3) CPC, if no application to substitute the legal representatives of a deceased defendant is made within the time limited by law, the suit abates as against the deceased defendant.
A decree of the trial court is reversed in appeal, after the decree-holder had already realised the fruits of the original decree. The party against whom the original decree was executed now seeks to be restored to the position he would have occupied. The appropriate provision is -
aSection 144 CPC (restitution).
bOrder 9 Rule 13 CPC (setting aside ex parte decree).
cSection 151 CPC (inherent powers) alone.
dSection 47 CPC (questions in execution).
Answer: A
Section 144 CPC obliges the court, on the variation or reversal of a decree, to cause restitution so as to place the parties in the position they would have occupied but for the decree that was varied or reversed.
In a suit for permanent prohibitory injunction the question of title was put in issue, evidence on title was let in by both sides, and the suit was dismissed. The plaintiff thereafter files a second suit for recovery of possession on the strength of the same title. The second suit is most appropriately -
abarred only if the earlier suit was decreed.
bmaintainable because the reliefs are entirely different.
cbarred by res judicata under Section 11 CPC.
dbarred by Section 80 CPC for want of notice.
Answer: C
Where the issue of title was directly and substantially in issue, contested and decided in the earlier injunction suit, Section 11 CPC bars its re-agitation in the subsequent suit between the same parties.
Which of the following statements regarding the inherent powers of a civil court under Section 151 CPC is untrue?
aThe section is not a source of substantive jurisdiction; it merely saves an existing inherent power.
bInherent power may be exercised to prevent abuse of the process of the court.
cInherent power cannot be exercised in a manner inconsistent with the express provisions of the Code.
dInherent power may be invoked to override or nullify the bar of res judicata under Section 11.
Answer: D
Section 151 CPC saves the inherent power to make orders necessary for the ends of justice or to prevent abuse of process, but it cannot be invoked where there is an express provision, and so cannot be used to override the bar of res judicata.
A presents a plaint which, on its face, does not disclose a cause of action. The court rejects the plaint under Order 7 Rule 11(a) CPC. The remedy available to the aggrieved plaintiff against such rejection is to -
apresent a fresh plaint, an appeal being barred.
bfile only a revision under Section 115 CPC.
cfile a restoration application before the same court.
dfile an appeal, since rejection of a plaint is a decree under Section 2(2) CPC.
Answer: D
An order rejecting a plaint under Order 7 Rule 11 CPC is a decree within the meaning of Section 2(2) CPC, and is therefore appealable under Section 96 CPC.
A suit is pending in the court of a Munsiff and an application is made for its transfer to another competent court. The power to transfer or withdraw a suit, appeal or other proceeding pending before a subordinate court is conferred by -
aSection 25 CPC on the District Court only.
bOrder 7 Rule 10 CPC on the trial court only.
cSection 9 CPC on the Munsiff alone.
dSection 24 CPC on the High Court or the District Court.
Answer: D
Section 24 CPC empowers the High Court or the District Court, on an application or of its own motion, to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court and dispose of it or retransfer it.
In a suit to which a person ought to have been joined as a party, or whose presence is necessary to enable the court effectually and completely to adjudicate upon the questions involved, the court may add such person as a party. This power is conferred by -
aOrder 2 Rule 2 CPC.
bOrder 1 Rule 10 CPC.
cOrder 8 Rule 6A CPC.
dOrder 6 Rule 17 CPC.
Answer: B
Order 1 Rule 10(2) CPC empowers the court, at any stage, to add as a party any person whose presence is necessary to enable it effectually and completely to adjudicate upon and settle all the questions involved in the suit.
A first appeal under Section 96 of the Code of Civil Procedure, 1908 lies from -
aevery decree passed by any court exercising original jurisdiction, to the court authorised to hear appeals from such decisions.
bevery order passed by a civil court in execution proceedings.
conly those decrees in which a substantial question of law arises.
devery decree passed by an appellate court in appeal.
Answer: A
Section 96(1) provides that, save as otherwise expressly provided, an appeal lies from every decree passed by any court exercising original jurisdiction to the court authorised to hear appeals from the decisions of such court. A first appeal lies on both questions of fact and law.
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, an appeal under Section 96 of the CPC -
alies only on a question of law.
bdoes not lie at all.
clies on both questions of fact and law.
dlies only with leave of the High Court.
Answer: A
Section 96(4) bars any appeal except on a question of law from a decree in a suit of small-cause nature where the value of the subject-matter does not exceed ten thousand rupees.
A second appeal to the High Court under Section 100 of the CPC from a decree passed in appeal by a subordinate court -
alies only if the case involves a substantial question of law.
blies only where the value of the suit exceeds one lakh rupees.
clies as of right on any ground available in a first appeal.
dlies on questions of fact alone.
Answer: A
Under Section 100, a second appeal lies to the High Court only if it is satisfied that the case involves a substantial question of law, which must be stated in the memorandum and formulated by the court.
The revisional jurisdiction of the High Court under Section 115 of the CPC can be invoked where the subordinate court -
ahas decided a question of fact erroneously on the evidence.
bhas exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction.
chas merely committed an error of law not touching jurisdiction.
dhas passed a decree against the weight of evidence.
Answer: B
Section 115 confines revision to jurisdictional errors: where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise a jurisdiction vested in it, or acted illegally or with material irregularity in exercising its jurisdiction. Mere errors of fact or law not touching jurisdiction are outside its scope.
No suit against the Government or a public officer in respect of an act purporting to be done in his official capacity shall be instituted under Section 80(1) of the CPC until the expiration of -
athree months next after notice in writing.
bsix months next after notice in writing.
ctwo months next after notice in writing.
done month next after notice in writing.
Answer: C
Section 80(1) prohibits the institution of such a suit until the expiration of two months next after a notice in writing has been delivered to or left at the office of the concerned authority.
A suit to obtain urgent or immediate relief against the Government or a public officer may be instituted without serving the two-months notice under Section 80 of the CPC -
awith the leave of the court, though the court shall not grant relief without giving the defendant a reasonable opportunity of showing cause.
bonly where the suit is filed in the High Court.
conly where the State Government by notification dispenses with notice.
din no circumstances; the notice is mandatory and incapable of waiver.
Answer: A
Section 80(2) permits a suit for urgent or immediate relief to be instituted with the leave of the court without serving notice, but the court shall not grant relief, whether interim or otherwise, without giving the Government or public officer a reasonable opportunity of showing cause.
Where a defendant fails to file the written statement within thirty days, the court under the proviso to Order 8 Rule 1 of the CPC may permit it to be filed on a later day, for reasons recorded in writing, but not later than -
aone hundred and twenty days from the date of service of summons.
bninety days from the date of service of summons.
cthirty days from the date of appearance.
dsixty days from the date of service of summons.
Answer: B
The proviso to Order 8 Rule 1 allows the written statement to be filed on a later day, for recorded reasons, but not later than ninety days from the date of service of summons.
Under Section 61 of the Bharatiya Nyaya Sanhita, 2023, an agreement (other than an agreement to commit an offence) amounts to criminal conspiracy only if -
aat least five persons are party to the agreement.
bthe agreement itself is sufficient, even without any further act.
csome act besides the agreement is done by one or more parties in pursuance thereof.
dthe illegal act agreed upon is actually completed.
Answer: C
Under Section 61(2) BNS, where the object is not to commit an offence, no agreement is criminal conspiracy unless some act besides the agreement is done in pursuance of it; for an agreement to commit an offence, the agreement itself suffices.
To constitute the offence of dowry death under Section 80 of the Bharatiya Nyaya Sanhita, 2023, the death of the woman must be caused otherwise than under normal circumstances within -
athree years of her marriage.
bfive years of her marriage.
cseven years of her marriage.
dten years of her marriage.
Answer: C
Section 80 BNS requires that the death by burns or bodily injury, or otherwise than under normal circumstances, occurs within seven years of marriage, coupled with cruelty or harassment for dowry.
Under the Bharatiya Nyaya Sanhita, 2023, where five or more persons acting in concert commit murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member shall be punished with death or imprisonment for life or imprisonment for a term not less than -
athree years.
bfive years.
cseven years.
dten years.
Answer: C
Section 103(2) BNS, the new provision targeting mob lynching on identity-based grounds, prescribes death, life imprisonment, or imprisonment of not less than seven years, and fine.
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide is punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 with imprisonment which may extend to -
aseven years.
bthree years.
cfive years.
dtwo years.
Answer: C
Section 106(1) BNS raised the maximum punishment for causing death by a rash or negligent act to five years (from two years under Section 304A IPC); a registered medical practitioner acting in the course of medical procedure faces up to two years.
Under Section 106(2) of the Bharatiya Nyaya Sanhita, 2023, a person who causes death by rash and negligent driving of a vehicle and escapes without reporting the incident to a police officer or Magistrate soon after, is punishable with imprisonment which may extend to -
aseven years.
bten years.
cimprisonment for life.
dfive years.
Answer: B
Section 106(2) BNS introduces an enhanced "hit-and-run" offence, punishing with imprisonment up to ten years and fine the driver who causes death and flees without reporting.
Where a terrorist act under Section 113 of the Bharatiya Nyaya Sanhita, 2023 has resulted in the death of any person, the offender shall be punished with -
aimprisonment for life and fine only.
bimprisonment which may extend to ten years and fine.
cimprisonment for a term not less than five years and fine.
ddeath or imprisonment for life, and fine not less than ten lakh rupees.
Answer: D
Section 113(2)(a) BNS provides that where the terrorist act causes death, the punishment is death or imprisonment for life and a fine of not less than ten lakh rupees.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship is committed when a person takes or entices away any child without the consent of the lawful guardian, the child being -
abelow the age of eighteen years.
bunder sixteen years if male and under eighteen years if female.
cbelow the age of sixteen years.
dbelow the age of twelve years.
Answer: A
Section 137(1)(b) BNS adopts a uniform age of eighteen years for any child, removing the earlier gender-based distinction (16 for boys, 18 for girls) under the IPC.
When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an offence under Section 194 of the Bharatiya Nyaya Sanhita, 2023, namely -
acriminal force.
ban affray.
cunlawful assembly.
drioting.
Answer: B
Section 194 BNS defines affray as two or more persons disturbing the public peace by fighting in a public place, punishable with imprisonment up to one month or fine up to one thousand rupees or both.
Under Section 303 of the Bharatiya Nyaya Sanhita, 2023, in the case of a first conviction for theft of property worth less than five thousand rupees, where the offender returns or restores the stolen property, the court may impose -
acommunity service.
brigorous imprisonment of not less than one year.
cimprisonment for life.
da fine which shall not be less than five thousand rupees.
Answer: A
The proviso to Section 303(2) BNS introduces community service as a punishment for first-time petty theft (value under five thousand rupees) where the offender restores the property.
The offence whereby theft is committed by a person who suddenly, quickly or forcibly seizes, grabs or takes away movable property from any person or his possession, is dealt with under the Bharatiya Nyaya Sanhita, 2023 as -
aextortion under Section 308.
brobbery under Section 309.
cdacoity under Section 310.
dsnatching under Section 304.
Answer: D
Section 304 BNS creates the new offence of "snatching", a form of theft involving sudden or forcible seizure, punishable with imprisonment up to three years and fine.
In addition to simple imprisonment which may extend to two years, or fine, or both, the punishment available for defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023 newly includes -
aforfeiture of property.
brigorous imprisonment up to five years.
ccommunity service.
dimprisonment for life in aggravated cases.
Answer: C
Section 356(2) BNS retains imprisonment up to two years or fine or both for defamation but additionally introduces community service as a sentencing option.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for snatching is provided under -
aSection 304 BNS.
bSection 302 BNS.
cSection 303 BNS.
dSection 301 BNS.
Answer: B
Snatching is a distinct offence newly introduced by Section 302 BNS, attracting imprisonment up to three years and fine; Section 301 deals with theft generally.
The examination of a witness, subsequent to his cross-examination, by the party who called him, is termed under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as -
arecall.
bre-examination.
cexamination-in-chief.
dcross-examination.
Answer: B
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines re-examination as the examination of a witness, subsequent to his cross-examination, by the party who called him.
Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a witness may be cross-examined as to previous statements made by him in writing, and if it is intended to contradict him by the writing -
athe contradiction can only be made through another witness.
bhis attention must, before the writing can be proved, be called to those parts of it which are to be used to contradict him.
cthe writing need not be shown to him at all.
dthe writing must be exhibited before he is questioned.
Answer: B
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) requires that, before a witness can be contradicted by his previous statement in writing, his attention must be drawn to those parts of the writing intended to be used to contradict him.
Which of the following statements regarding competency of witnesses under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is untrue?
aAll persons are competent to testify unless the court considers they are prevented from understanding the questions.
bA lunatic is not incompetent to testify merely because he is a lunatic, provided his lunacy does not prevent him from understanding the questions and giving rational answers.
cA child of tender years may be a competent witness if able to understand the questions and give rational answers.
dA person who cannot understand the questions because of extreme old age is nonetheless a competent witness.
Answer: D
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 makes all persons competent unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or the like; thus option (d) is untrue.
In a civil suit, the burden of proof as to any particular fact, under the scheme of Sections 104 and 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), lies on -
athat person who wishes the court to believe in its existence, unless any law provides that the proof shall lie on a particular person.
bthe plaintiff in every case.
cthe defendant in every case.
dthe party in whose favour the court is initially inclined.
Answer: A
Under Sections 104 and 106 of the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof as to a particular fact lies on the person who wishes the court to believe in its existence, unless a law provides otherwise.
In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, the court may, under Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) -
arely solely on the opinion of a handwriting expert.
bdirect any person present in court to write any words or figures for the purpose of comparison.
cpresume the signature to be genuine if the document is thirty years old.
dcompel the person to give a fresh thumb impression in open court only.
Answer: B
Section 72(2) of the Bharatiya Sakshya Adhiniyam, 2023 empowers the court to direct any person present in court to write words or figures so that the disputed writing may be compared with the admitted writing.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused while in the custody of a police officer is provable against him only if -
ait is made in the immediate presence of a Magistrate.
bit is made within twenty-four hours of arrest.
cit is corroborated by an independent witness.
dit is reduced to writing and signed by the accused.
Answer: A
Section 23(2) of the BSA bars proof of a confession made while in police custody unless it is made in the immediate presence of a Magistrate, carrying forward the rule of the former Section 26 of the Evidence Act.
A dying declaration is made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 22
bSection 24
cSection 32
dSection 26
Answer: D
Section 26 of the BSA makes relevant statements made by a person as to the cause of his death or the circumstances of the transaction resulting in his death, corresponding to the former Section 32 of the Evidence Act.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, an accomplice -
ais competent only if granted a pardon by the court.
bcan testify only after the trial of the principal offender is concluded.
cshall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon his corroborated testimony.
dis not a competent witness against an accused person.
Answer: C
Section 138 of the BSA, in its enacted text, declares an accomplice a competent witness against an accused person and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. The enacted BSA wording uses 'corroborated', altering the repealed Section 133 IEA formulation ('uncorroborated').
Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof lies on the person who would fail if no evidence at all were given on either side is contained in -
aSection 104
bSection 106
cSection 109
dSection 101
Answer: A
Section 104 of the BSA re-enacts the general rule on burden of proof formerly found in Section 101 of the Evidence Act.
The fact that a child was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, is, under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 -
aa fact the court shall presume as to legitimacy.
birrelevant to the question of legitimacy.
cconclusive proof of legitimacy unless non-access at the relevant time is shown.
da fact the court may presume as to legitimacy.
Answer: C
Section 116 of the BSA makes birth during a valid marriage conclusive proof of legitimacy unless it is shown that the parties had no access at the time of possible conception, mirroring the former Section 112.
The presumption as to dowry death under the Bharatiya Sakshya Adhiniyam, 2023 is contained in Section 118, and it draws the meaning of 'dowry death' from -
athe Dowry Prohibition Act, 1961.
bSection 85 of the Bharatiya Nyaya Sanhita, 2023.
cSection 304B of the Indian Penal Code.
dSection 80 of the Bharatiya Nyaya Sanhita, 2023.
Answer: D
Section 118 of the BSA directs the court to presume dowry death where cruelty for dowry is shown soon before death, and expressly adopts the meaning of 'dowry death' from Section 80 of the Bharatiya Nyaya Sanhita, 2023.
Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023, the presumption that a document was duly executed and attested by the persons by whom it purports to be so applies where the document is proved to be -
asixty years old.
bthirty years old.
ctwelve years old.
dtwenty years old.
Answer: B
Section 92 of the BSA continues the thirty-year rule of the former Section 90, permitting the court to presume due execution of a document produced from proper custody.
Appointments of persons other than district judges to the judicial service of a State are made by the Governor in accordance with rules made by him after consultation with -
athe Chief Justice of India and the High Court.
bthe State Public Service Commission and the High Court exercising jurisdiction in relation to that State.
cthe High Court alone.
dthe State Public Service Commission alone.
Answer: B
Under Article 234, recruitment of persons other than district judges is made by the Governor in accordance with rules framed after consulting both the State Public Service Commission and the High Court.
To be eligible for appointment as a district judge, a person who is not already in the service of the Union or the State must have been an advocate or pleader for not less than -
aten years.
bthree years.
cfive years.
dseven years.
Answer: D
Article 233(2) requires that such a person must have been, for not less than seven years, an advocate or a pleader and is recommended by the High Court for appointment.
Tribunals constituted under Articles 323A and 323B, as clarified in L. Chandra Kumar, may -
aoust the jurisdiction of the Supreme Court under Article 32.
bexercise full judicial review of legislative action in substitution of the High Courts.
crender decisions that are final and cannot be challenged before any constitutional court.
dperform a supplemental role to the High Courts, their decisions being subject to scrutiny before a Division Bench of the High Court.
Answer: D
L. Chandra Kumar held that such tribunals act in a supplemental capacity; their decisions remain subject to scrutiny by a Division Bench of the High Court within whose jurisdiction the tribunal falls.
Which one of the following is NOT, by itself, a matter that would make a Bill a Money Bill under Article 110(1)?
aThe imposition, abolition, remission, alteration or regulation of any tax.
bThe regulation of the borrowing of money by the Government of India.
cThe imposition of fines or other pecuniary penalties as an incidental matter.
dThe custody of the Consolidated Fund of India and payments into or withdrawals from it.
Answer: C
Under Article 110(2), a Bill is not deemed a Money Bill merely because it provides for the imposition of fines or other pecuniary penalties; the matters in (a)-(c) are within Article 110(1).
A resolution to impeach the President of India for violation of the Constitution under Article 61 must, before it is moved in either House, be supported by a notice signed by -
anot less than one-tenth of the total number of members of that House.
bnot less than one-fourth of the total number of members of that House.
cnot less than one-half of the total number of members of that House.
dnot less than two-thirds of the total number of members of that House.
Answer: B
Article 61(2)(a) requires that the charge be preferred by a resolution moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House. The resolution must then be passed by a two-thirds majority of the total membership.
Under Article 280 of the Constitution of India, the Finance Commission is constituted by -
athe Union Council of Ministers.
bthe Comptroller and Auditor-General of India.
cthe Parliament by law.
dthe President.
Answer: D
Article 280 directs the President to constitute a Finance Commission within two years of the commencement of the Constitution and thereafter at the end of every fifth year, consisting of a Chairman and four other members.
The 44th Amendment Act, 1978 deleted the right to property as a fundamental right and re-located it as a constitutional/legal right in -
aArticle 300A.
bArticle 19(1)(f).
cArticle 31A.
dArticle 31C.
Answer: A
The 44th Amendment omitted Article 19(1)(f) and Article 31, and inserted Article 300A providing that no person shall be deprived of his property save by authority of law, thereby making the right to property a mere legal right.
Which Articles of the Constitution can never be suspended even during the operation of a Proclamation of Emergency, by virtue of the 44th Amendment Act, 1978?
aArticles 19 and 21.
bArticles 21 and 22.
cArticles 20 and 21.
dArticles 14 and 19.
Answer: C
Article 359, as amended by the 44th Amendment, provides that the rights under Articles 20 and 21 cannot be suspended even during an Emergency, so the protection in respect of conviction for offences and the right to life and personal liberty remain enforceable.
Under Section 53A of the Transfer of Property Act, 1882, as amended by the Registration and Other Related Laws (Amendment) Act, 2001, to claim the benefit of the doctrine of part performance the written contract to transfer immovable property must now be -
amerely signed by the transferor, registration being immaterial.
boral but evidenced by delivery of possession.
cin writing, signed by or on behalf of the transferor, and duly registered.
dregistered only where the value of the property exceeds one hundred rupees.
Answer: C
The 2001 amendment omitted the words protecting an unregistered contract from Section 53A; consequently, the written contract relied upon for part performance must now be a registered instrument, in addition to being signed and having ascertainable terms.
A transfers immovable property worth rupees ten thousand to B by an oral arrangement followed by delivery of possession, no registered instrument being executed. The transfer of ownership -
ais valid only if the parties later reduce the agreement to writing.
bis valid as an equitable mortgage.
cis invalid to pass title, because Section 54 of the Transfer of Property Act, 1882 requires a registered instrument for tangible immovable property of the value of one hundred rupees and upwards.
dis complete, since delivery of possession is sufficient for any sale of immovable property.
Answer: C
Under Section 54, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument; delivery of possession suffices only where the value is less than one hundred rupees.
Under Section 14 of the Transfer of Property Act, 1882 (rule against perpetuity), the vesting of an interest in favour of the ultimate beneficiary may be postponed at the most up to -
athe lifetime of one or more persons living at the date of the transfer, plus the period of minority of the ultimate beneficiary.
bthe lifetime of one or more persons living at the date of the transfer, plus a further period of eighteen years irrespective of any minority.
cthe lifetime of the transferor alone.
da fixed period of twenty-one years from the date of transfer.
Answer: A
Section 14 permits postponement of vesting only up to the life or lives in being at the date of transfer plus the minority of the ultimate beneficiary; unlike English law, there is no fixed additional period independent of minority.
A lease deed contains an express condition entitling the lessor to re-enter on breach. The lessee renounces his character as lessee by setting up title in himself. Before the lease can be determined by forfeiture under Section 111(g) of the Transfer of Property Act, 1882, the lessor must -
agive the lessee notice in writing of his intention to determine the lease.
btender to the lessee compensation for improvements.
cobtain a decree of the civil court declaring the forfeiture.
dwait for the expiry of the term mentioned in the lease.
Answer: A
Forfeiture under Section 111(g) is completed only when the lessor or his transferee gives the lessee notice in writing of his intention to determine the lease; this written notice is mandatory.
A gift deed executed and registered by a donor in favour of the donee provides that the donor may revoke the gift at his mere will and pleasure. As regards that stipulation, under Section 126 of the Transfer of Property Act, 1882 -
athe gift is valid but the donor may revoke it at any time at his will.
bthe gift is void in its entirety for uncertainty.
cthe entire gift, including the transfer, is valid and the stipulation is enforceable.
dthe stipulation for revocation at the mere will of the donor is void, the gift otherwise standing.
Answer: D
Section 126 permits suspension or revocation only on the happening of a specified event not depending on the donor's will; a clause making the gift revocable at the mere will of the donor is void wholly or in part, but the gift itself is not invalidated.
A leases a building to B and B fails to pay the rent reserved. Under Section 114 of the Transfer of Property Act, 1882, where the lessor sues to eject the lessee for non-payment of rent, the court may grant the lessee relief against forfeiture if, at the hearing, the lessee -
apays or tenders the rent in arrear together with interest and full costs of the suit, or gives security therefor.
bdeposits double the amount of rent in arrear as penalty.
cproduces a fresh lease executed in his favour.
dmerely undertakes to vacate the premises within six months.
Answer: A
Section 114 empowers the court to grant relief against forfeiture for non-payment of rent where the lessee, at the hearing, pays or tenders the rent in arrear together with interest thereon and the lessor's full costs of the suit, or gives sufficient security for them.
Which one of the following is NOT among the conditions required to claim the benefit of part performance under Section 53A of the Transfer of Property Act, 1882?
aThere is a written contract to transfer immovable property for consideration from which the terms can be ascertained with reasonable certainty.
bThe transferor has been paid the entire agreed consideration in a single lump sum before possession was delivered.
cThe transferee has performed or is willing to perform his part of the contract.
dThe transferee has, in part performance of the contract, taken possession or, being already in possession, continues in possession and has done some act in furtherance of the contract.
Answer: B
Section 53A does not require payment of the entire consideration in a lump sum before possession; it requires a registered written contract with ascertainable terms, the taking or continuance of possession in part performance, an act in furtherance of the contract, and the transferee's willingness to perform his part.
A bailment is defined under Section 148 of the Indian Contract Act, 1872 as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be -
asold and the proceeds shared.
breturned or otherwise disposed of according to the directions of the person delivering them.
cdelivered to a third person nominated by the bailee.
dretained by the bailee as his own property.
Answer: B
Section 148 requires that the goods, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the bailor.
A promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, made in writing and signed, is -
avoid, being a promise to pay for past consideration.
bvoidable at the option of the promisor.
cenforceable only if the act was done at the promisor's request.
da valid contract notwithstanding the absence of fresh consideration.
Answer: D
Section 25(2) makes binding a promise to compensate a person who has already voluntarily done something for the promisor, as an exception to the rule requiring consideration.
In the absence of any contract to that effect, an agent who enters into a contract on behalf of his disclosed principal -
ais bound only if he exceeded his authority.
bcan personally enforce the contract but is not bound by it.
ccan neither personally enforce the contract nor is personally bound by it.
dis personally bound by the contract in every case.
Answer: C
Section 230 lays down the general rule that, absent a contract to the contrary, an agent can neither personally enforce contracts made on behalf of his principal nor is personally bound by them.
Under Section 2 of the Indian Contract Act, 1872, an agreement enforceable by law is a contract, whereas an agreement not enforceable by law is
aillegal
bvoid
cunlawful
dvoidable
Answer: B
Section 2(g) declares that an agreement not enforceable by law is said to be void, while Section 2(h) defines a contract as an agreement enforceable by law.
'A' agrees to sell to 'B' a hundred tons of oil. There is nothing whatever to show what kind of oil was intended. The agreement is
avoidable at the option of B
bvoid for uncertainty
cvalid and enforceable
denforceable only after election by A
Answer: B
Under Section 29, agreements the meaning of which is not certain, or capable of being made certain, are void; the illustration of the unspecified 'hundred tons of oil' is the textbook example.
A promise, made in writing and signed by the person to be charged therewith, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits, is
aa valid contract under Section 25(3)
bunenforceable being barred by limitation
cvoid for want of consideration
dvoidable at the option of the debtor
Answer: A
Section 25(3) of the Indian Contract Act is an express exception to the rule that an agreement without consideration is void, validating a written, signed promise to pay a time-barred debt.
Under the Bharatiya Nyaya Sanhita, 2023, which one of the following is, for the first time, introduced as a substantive form of punishment?
aExternment
bSolitary confinement
cCommunity service
dForfeiture of property
Answer: C
Section 4 of the BNS lists community service as a new substantive punishment (alongside death, imprisonment for life, imprisonment, forfeiture of property and fine) for certain specified minor offences.
The maxim "res ipsa loquitur", frequently invoked in the law of torts and in actions for negligence, means -
aa thing adjudged is taken as true.
bthe thing speaks for itself.
cthe law does not concern itself with trifles.
dlet the buyer beware.
Answer: B
"Res ipsa loquitur" means "the thing speaks for itself"; it raises an inference of negligence from the very nature of the accident, shifting the evidential burden onto the defendant.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the statutory recognition of the "Zero FIR" — the duty of a police officer to register an FIR on information of a cognizable offence irrespective of the area where the offence is committed — is found in -
aSection 154
bSection 187
cSection 223
dSection 173
Answer: D
Section 173 BNSS now statutorily mandates registration of an FIR for a cognizable offence regardless of territorial jurisdiction, thereby giving the Zero FIR concept a legislative basis.
Who was the first woman to be appointed as a Judge of a High Court in India, having been sworn in as a Judge of the High Court of Kerala in 1959?
aJustice M. Fathima Beevi
bJustice Anna Chandy
cJustice Sujata V. Manohar
dJustice Leila Seth
Answer: B
Justice Anna Chandy was sworn in as a Judge of the High Court of Kerala on 9 February 1959, making her the first woman High Court Judge in India. Fathima Beevi was the first woman Supreme Court Judge and Leila Seth the first woman Chief Justice of a High Court.
In which case did the Supreme Court hold that the compulsory administration of narco-analysis, polygraph and brain-mapping (BEAP) tests amounts to testimonial compulsion violating Article 20(3) of the Constitution?
aSelvi v. State of Karnataka
bM.P. Sharma v. Satish Chandra
cNandini Satpathy v. P.L. Dani
dState of Bombay v. Kathi Kalu Oghad
Answer: A
In Selvi v. State of Karnataka (2010), the Supreme Court held that compulsory administration of narco-analysis, polygraph and BEAP tests violates the right against self-incrimination under Article 20(3) and may also infringe Article 21.
The Supreme Court legalised passive euthanasia (withdrawal of life support in certain circumstances), subject to safeguards, for the first time in which decision?
aP. Rathinam v. Union of India
bAruna Ramchandra Shanbaug v. Union of India
cGian Kaur v. State of Punjab
dCommon Cause v. Union of India
Answer: B
In Aruna Ramchandra Shanbaug v. Union of India (2011), the Supreme Court permitted passive euthanasia under strict safeguards. Common Cause (2018) later recognised the living will and refined the procedure.
A clock shows the time as 3:00. Through what angle, in degrees, will the minute hand have turned by the time the clock shows 3:40 on the same day?
a120
b180
c240
d270
Answer: C
The minute hand turns 6 degrees per minute. In 40 minutes it turns 40 × 6 = 240 degrees.
Q84Reasoning & Mental Ability
Statements: All judges are lawyers. Some lawyers are writers. Which of the following conclusions necessarily follows?
aAll judges are writers.
bNo writer is a judge.
cSome lawyers are judges.
dSome judges are writers.
Answer: C
Since all judges are lawyers, the judges form part of the lawyers, so 'some lawyers are judges' must follow. The other conclusions are not guaranteed by the two premises.
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. How far and in which direction is he now from his starting point?
a3 km towards west
b5 km towards east
c8 km towards west
d3 km towards east
Answer: D
Walking 5 km south, then 3 km east (left from south), then 5 km north (left from east) returns him to the latitude of the start but 3 km to the east of it.
Q86Reasoning & Mental Ability
If 'A + B' means A is the father of B, 'A − B' means A is the wife of B, and 'A × B' means A is the brother of B, then which expression shows that P is the uncle of M?
aP × Q + M
bP + Q × M
cP × Q − M
dP − Q + M
Answer: A
In 'P × Q + M', P is the brother of Q and Q is the father of M; the brother of M's father is M's uncle.
Q87Reasoning & Mental Ability
Complete the analogy: Acquittal is to Conviction as Plaintiff is to ?
aAdvocate
bDefendant
cWitness
dJudgment
Answer: B
Acquittal and conviction are opposite outcomes; the counterpart (opposing party) of a plaintiff in a suit is the defendant.
Q88Specific Relief Act
A person dispossessed of immovable property otherwise than in due course of law files a suit under Section 6 of the Specific Relief Act, 1963 and obtains a decree for recovery of possession. The defendant wishes to challenge it. Which statement is correct?
aAn appeal lies, but no review is permitted.
bNeither an appeal nor a review lies from an order or decree passed in a Section 6 suit.
cBoth an appeal and a review are permitted, the suit being summary in nature.
dOnly a review lies; no appeal is permitted.
Answer: B
Section 6(3) expressly bars both appeal and review from any order or decree passed in a suit instituted under Section 6. The dispossessed person's only summary remedy is barred from these challenges; the aggrieved party's recourse is a separate title suit (which Section 6(4) preserves).
A suit under Section 6 of the Specific Relief Act, 1963 by a person dispossessed of immovable property must be brought -
awithin one year from the date of dispossession.
bwithin six months from the date of dispossession, and not against the Government.
cwithin twelve years from the date of dispossession.
dwithin three years from the date of dispossession, and may be brought against the Government.
Answer: B
Section 6(2) bars a suit after the expiry of six months from the date of dispossession, and Section 6(2)(b) bars such a suit against the Government. The dispossessed person need not prove title; the question is only of possession and unlawful dispossession.
A agrees to sell certain land to B and, after the contract, A acquires the previously imperfect title to that land. B sues for specific performance. Under Section 13 of the Specific Relief Act, 1963 -
aB's suit fails because A had no title when the contract was made.
bB can only claim refund of earnest money with interest.
cB must wait until A perfects his title before instituting the suit.
dB may compel A to make good the contract out of the interest A has subsequently acquired.
Answer: D
Section 13(1)(a) provides that where a vendor with no title or an imperfect title subsequently acquires an interest in the property, the purchaser may compel him to make good the contract out of such acquired interest. A cannot resist specific performance by pleading his own want of title.
Under Section 12 of the Specific Relief Act, 1963, where a party to a contract is unable to perform the whole of his part, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of compensation in money, the court -
amay grant specific performance of the whole contract without any compensation.
bshall in no case grant specific performance of any part of the contract.
cmay, at the suit of either party, direct specific performance of so much of the contract as can be performed, with compensation for the deficiency.
dmay direct specific performance only at the suit of the defaulting party.
Answer: C
Section 12(2) permits the court, where the unperformed part is small in proportion and admits of money compensation, to direct at the suit of either party specific performance of the performable part, with the party in default paying or allowing compensation for the deficiency.
Under Section 21 of the Specific Relief Act, 1963, in a suit for specific performance of a contract, the plaintiff -
amay claim compensation only if he abandons the prayer for specific performance.
bmay also claim compensation for breach, either in addition to or in substitution of specific performance.
cmay claim compensation only where the contract relates to movable property.
dcannot in any event claim compensation in money along with specific performance.
Answer: B
Section 21 allows the plaintiff in a specific performance suit to also claim compensation for breach, either in addition to such performance or in substitution of it, and the court may award such compensation as justice requires, subject to the proviso requiring an appropriate amendment if not originally claimed.
Where, in an eviction proceeding under the Kerala Buildings (Lease and Rent Control) Act, 1965, the tenant denies the title of the landlord or claims a right of permanent tenancy, the second proviso to Section 11(1) provides that -
athe Rent Control Court must straightaway dismiss the landlord's application.
bthe Rent Control Court shall decide whether the denial or claim is bona fide, and on so finding, the landlord shall be entitled to sue for eviction in a Civil Court.
cthe matter must be referred to arbitration before eviction can be ordered.
dthe tenant's denial automatically results in forfeiture of the lease and eviction by the Rent Control Court.
Answer: B
Under the second proviso to Section 11(1), where the tenant denies the landlord's title or claims permanent tenancy, the Rent Control Court decides whether the denial or claim is bona fide; if it so finds, the landlord may sue for eviction in a Civil Court on the grounds in the section.
Under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, a landlord occupying only a part of a building may seek eviction of a tenant occupying the remaining part if he requires additional accommodation for his personal use. The first proviso to Section 11(10) directs the Rent Control Court, in such an application, to reject it if it is satisfied that -
athe hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord.
bthe landlord owns another building in the same city, town or village.
cthe building is more than thirty years old.
dthe tenant has been in occupation for more than twelve years.
Answer: A
The first proviso to Section 11(10) requires the Rent Control Court, in an application under Section 11(8) for additional accommodation, to reject it where it is satisfied that the hardship to the tenant by granting eviction will outweigh the advantage to the landlord (the comparative-hardship test).
A landlord, after issuing a registered notice intimating default, files an application under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for eviction on the ground of arrears of rent. To save himself from eviction, within fifteen days of receipt of the notice the tenant must tender the rent due together with -
ainterest at six per cent per annum and the postal charges incurred in sending the notice.
binterest at nine per cent per annum only.
cinterest at twelve per cent per annum and a penalty equal to one month's rent.
dinterest at six per cent per annum and a fine of rupees five hundred.
Answer: A
The proviso to Section 11(2)(b) requires the landlord to first send a registered notice of default; the tenant escapes eviction by paying or tendering the rent with interest at six per cent per annum and the postal charges within fifteen days of receipt or refusal of the notice.
An order of the Rent Control Court directing a tenant to put the landlord in possession on the ground of arrears under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965 -
ashall not be executed before the expiry of one month, and stands vacated if the tenant deposits the arrears with interest and costs within that period or such further period as the Court may allow.
bshall not be executed before the expiry of three months in the aggregate.
cis executable immediately on being passed and cannot be vacated.
dcan be vacated only by the appellate authority on payment of double the arrears.
Answer: A
Section 11(2)(c) bars execution before the expiry of one month (or such further period as the Court allows) and provides that if the tenant deposits the arrears with interest and cost of proceedings within that period, the Court shall vacate the order.
Where a drawer convicted under Section 138 of the Negotiable Instruments Act, 1881 files an appeal, the Appellate Court under Section 148 may order the appellant to deposit a minimum of -
afifty per cent of the fine or compensation awarded by the trial court.
bten per cent of the fine or compensation awarded by the trial court.
cthe entire amount of the fine or compensation awarded by the trial court.
dtwenty per cent of the fine or compensation awarded by the trial court.
Answer: D
Section 148 (inserted in 2018) provides that in an appeal against conviction under Section 138, the Appellate Court may order the appellant to deposit a sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial court.
When a promissory note, bill of exchange or cheque is transferred to any person so as to constitute that person the holder thereof, the instrument is said to be -
anegotiated.
baccepted.
cindorsed in blank.
ddiscounted.
Answer: A
Section 14 provides that when a promissory note, bill of exchange or cheque is transferred to any person so as to constitute that person the holder thereof, the instrument is said to be negotiated.
Where a negotiable instrument is silent as to the rate of interest and interest is payable on the amount due, Section 80 of the Negotiable Instruments Act, 1881 mandates calculation of interest 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 substituted by Act 66 of 1988, fixes the statutory rate at eighteen per centum per annum from the date the amount ought to have been paid until tender or realisation; the earlier rate of six per cent stood replaced with effect from 30 December 1988.
A material alteration of a negotiable instrument, made by a party thereto without the consent of the other parties, renders the instrument -
avalid, subject to the holder proving the original tenor.
bvoidable at the option of the holder in due course.
cvoid as against anyone who was a party at the time of such alteration and did not consent thereto.
dvoid only as against the person who made the alteration.
Answer: C
Section 87 provides that any material alteration renders the instrument void as against anyone who is a party thereto at the time of making the alteration and does not consent, except where the alteration was made to carry out the common intention of the original parties.
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