Kerala Judiciary — Prelims 2013

Correct answer: A

Order VI Rule 6 CPC: any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in the pleading; otherwise its performance/occurrence is implied. The thing required to be pleaded is the distinct specification.

Correct answer: C

In a mortgage by deposit of title deeds (equitable mortgage, s.58(f) TPA) there is no registered instrument and the parties' relative rights are not spelt out as in the others; it is the odd one. Simple, conditional-sale and usufructuary mortgages all carry expressly defined rights under s.58 TPA.

Correct answer: D

Section 105 of the Negotiable Instruments Act, 1881 expressly provides that in calculating reasonable time (including for notice of dishonour) public holidays shall be excluded — it is mandatory ('shall'), not discretionary.

Correct answer: A

Section 25 Explanation 1 / illustration to the Indian Contract Act: a promise to pay a time-barred debt is valid if in writing and signed. An agreement made under the erroneous belief that a debt is barred is not thereby vitiated; such a contract is valid.

Correct answer: C

Section 14(1)(c) of the Specific Relief Act, 1963 — a contract which in its nature is determinable cannot be specifically enforced — is the correct statement. (a) is wrong because injunction can restrain prosecution of a suit in some cases; (b) is wrong as an appeal does lie; (d) misstates the discretion.

Correct answer: B

Section 11(4) of the Kerala Buildings (Lease and Rent Control) Act lists grounds such as reconstruction, reduction in value/utility owing to tenant's acts and cessation of occupation. 'Renovation' is not a statutory ground for eviction under s.11(4).

Correct answer: B

Order VI Rule 16 CPC empowers the court to strike out any pleading which is unnecessary, scandalous, frivolous or vexatious, or which may prejudice/embarrass/delay the fair trial, or is otherwise an abuse of process. 'Unnecessary' is the matching ground.

Correct answer: A

A sale deed need not be attested by witnesses (s.54 TPA requires only registration). A gift deed (s.123 TPA), mortgage deed (s.59 TPA) and an unprivileged Will (s.63 Succession Act) all require attestation by two witnesses.

Correct answer: D

Section 80 of the Negotiable Instruments Act, 1881: where the instrument is silent as to interest, interest is calculated at 18% per annum — the maximum the court may grant under the section.

Correct answer: C

Section 6(d) of the Indian Contract Act, 1872: a proposal is revoked by the death or insanity of the proposer if that fact comes to the knowledge of the acceptor before acceptance. Only option (c) states the correct condition.

Correct answer: D

Section 4 of the Specific Relief Act, 1963: specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Option (d) reproduces the section ('whether or not individual' is wrong; but among given choices the operative phrase 'not for the mere purpose' matches s.4).

Correct answer: A

Section 58(1)(a) CPC: where the decree is for a sum exceeding ₹2,000 but not exceeding ₹5,000, detention in civil prison cannot exceed six weeks. A ₹4,000 decree falls in this slab, so the maximum is six weeks.

Correct answer: B

Under the Kerala Buildings (Lease and Rent Control) Act, ss.11(2), 11(3) and 11(8) deal with grounds on which a landlord may seek eviction, whereas s.11(7) concerns the procedure/relief regarding rent during proceedings (deposit). Section 11(7) is the odd one out.

Correct answer: B

Section 111(g) TPA: a lease determines by forfeiture where the lessee renounces his character by setting up a title in a third person, and the lessor gives notice in writing of his intention to determine the lease. Option (b) correctly states this clause.

Correct answer: A

Section 27(2) read with the scheme of the Specific Relief Act, 1963 (rescission): a contract may be rescinded even after a decree for specific performance is made where the purchaser fails to pay within the period fixed; the seller may apply to rescind. Among the options, rescission is permissible even after such a decree.

Correct answer: C

Under the Bengal/Kerala Civil Courts framework, the District Court is the principal civil court of original jurisdiction in the district (CPC s.2(4) / Kerala Civil Courts Act). Munsiff's and Subordinate Judge's courts are subordinate; the High Court is not the principal court of original jurisdiction.

Correct answer: C

Section 10 TPA bars conditions absolutely restraining alienation, but expressly excepts the case of a lease where the condition is for the benefit of the lessor. Option (c) is the recognised statutory exception.

Correct answer: A

Section 16 of the Negotiable Instruments Act, 1881: if the endorser signs his name only, the endorsement is said to be in blank; if he adds a direction to pay a specified person, it is in full.

Correct answer: C

Section 46(2) CPC: no attachment under a precept shall continue for more than two months unless the period is extended by the court which issued the precept, or the decree is transferred and sale applied for. Here neither happened, so the attachment continues only two months.

Correct answer: D

Section 74 of the Indian Contract Act, 1872 (illustration): where a sum is named as the amount to be paid on breach, the party complaining is entitled only to reasonable compensation not exceeding that named amount (₹10,000), whether or not actual loss is proved.

Correct answer: B

Under the Kerala Buildings (Lease and Rent Control) Act (Act 2 of 1965), the second proviso to s.11(3) bars a transferee-landlord from seeking eviction on the bona fide own-occupation ground under s.11(3) until one year from the date of acquisition. The bar is specific to s.11(3).

Correct answer: B

Review under s.114 read with Order XLVII Rule 1 CPC can only be invoked on an application by an aggrieved party — a court cannot review its own decree suo motu. Correction under s.152, judgment on admission under Order XII Rule 6, and impleadment under Order I Rule 10(2) can all be done by the court of its own motion.

Correct answer: A

Statement (a) is wrong: Section 28 of the Specific Relief Act (and the proviso to s.31/cancellation provisions) permits the court to cancel an instrument in part and allow the rest to stand. The other three statements correctly reflect ss.5, 14 and 21 of the Specific Relief Act, 1963.

Correct answer: C

Section 118(e) of the Negotiable Instruments Act, 1881: until the contrary is proved, the presumption is that a lost promissory note (or one which the maker fails to produce) was duly stamped.

Correct answer: D

Order VII Rule 10A(2) CPC: on an application before the plaint is returned, the court shall fix a date for the appearance of the parties in the court in which the plaint is proposed to be presented and, where the plaintiff is also to present it, fix a time for such presentation — i.e. both a time for presentation and a date for appearance.

Correct answer: D

A charge (s.100 TPA) only creates a right to payment out of property and does not transfer any interest in the immovable property, whereas a mortgage does. Transfer of interest in immovable property is therefore not common to both.

Correct answer: D

Coercion, undue influence and fraud all make an agreement voidable and involve a wrongful/intentional element; misrepresentation (s.18 Contract Act) can be innocent and is the odd one out as it need not involve any intent to deceive.

Correct answer: C

Under s.67/Order 34 and the rule against bringing mortgaged property to sale otherwise than by a suit for sale, a simple mortgagee who takes a simple money decree cannot sell the mortgaged property in execution of that decree; he must institute a suit for sale to enforce the mortgage.

Correct answer: B

Section 26 of the Specific Relief Act, 1963 expressly excludes the articles of association of a company to which the Companies Act applies from rectification, since articles are alterable under the Companies Act itself. Hence a suit for rectification of articles of association is not maintainable.

Correct answer: B

The proviso to Order XXI Rule 22 CPC makes notice mandatory in cases like (a), (c) and (d); but no such notice is required where the application is for execution of a decree of any of the superior courts of a reciprocating territory.

Correct answer: A

Section 125 of the Negotiable Instruments Act allows the holder of an uncrossed cheque to cross it generally or specially. Options (b), (c) and (d) misstate the law (a generally-crossed cheque may be crossed specially, 'not negotiable' addition is permitted, and a specially-crossed cheque may be re-crossed to another banker for collection).

Correct answer: A

Under the Explanation to Order IX Rule 13 CPC, where an appeal against an ex parte decree has been disposed of (otherwise than on withdrawal), no application to set aside the ex parte decree shall lie. Once the appeal is dismissed, the Rule 13 application is barred.

Correct answer: B

Section 43 of the Transfer of Property Act embodies the doctrine of feeding the grant by estoppel: a transferor who fraudulently or erroneously represents he is authorised to transfer property and later acquires it must make good the transfer.

Correct answer: C

Under Order XXI Rule 91 CPC, a purchaser at an execution sale may apply to set aside the sale only on the ground that the judgment-debtor had no saleable interest in the property sold.

Correct answer: B

Sections 76 to 123 (Chapter VII) of the Indian Contract Act, 1872 dealing with sale of goods were repealed by Section 65 of the Sale of Goods Act, 1930, which carved sale of goods into a separate statute.

Correct answer: A

Under s.35A(2) CPC no appeal lies against an order granting compensatory costs for false/vexatious claims. Orders allowing review (Order 47), setting aside ex parte decrees (Order 9 r.13) and compensation for wrongful arrest (Order 38) are appealable as orders under Order 43 / s.104.

Correct answer: D

Statements (a), (b) and (c) correctly reproduce ss.26, 29 and 27 of the Contract Act. Statement (d) is incorrect: under s.36, a contingent agreement to do or not do anything if an impossible event happens is void whether or not the impossibility is known; but the framed statement is a wrong/incomplete restatement of the rule, making it the incorrect statement.

Correct answer: D

Explanation to Section 39 CPC: a court is deemed competent to receive a transferred decree for execution if, at the time of making the application for transfer of the decree to it, that court would have jurisdiction to try the suit in which the decree was passed.

Correct answer: C

Section 15 of the Kerala Buildings (Lease and Rent Control) Act bars the tenant from denying the landlord's title; it is founded on the principle of estoppel (tenant's estoppel).

Correct answer: C

A set-off (Order 8 r.6) must relate to an ascertained sum of money, whereas a counterclaim (Order 8 r.6A) may be for any relief and need not be confined to monetary claims. Hence 'must relate to monetary claims' is not common to both.

Correct answer: D

Proviso to s.436(1) CrPC: if an indigent person accused of a bailable offence is unable to furnish bail within a week of his arrest, the court shall presume him indigent and release him on his bond without sureties.

Correct answer: A

Evidence of a test identification parade is relevant and admissible under Section 9 of the Indian Evidence Act as a fact establishing the identity of the accused.

Correct answer: A

Joint trial is permitted under s.223 CrPC for persons accused of the same offence committed in the same transaction, different offences in the same transaction, and an offence and its abetment. Persons accused of the same offence merely 'within the space of twelve months' (without same transaction) cannot be jointly tried under s.223.

Correct answer: B

In both summons cases and summary trials the Magistrate records only a memorandum/substance of evidence and need not frame a formal charge. However, under s.326(3) CrPC a successor Magistrate cannot act on evidence recorded by his predecessor in a summary trial, so 'may act on predecessor's evidence' is not common to both.

Correct answer: C

Section 460(f) CrPC: where a Magistrate not empowered by law tenders a pardon under s.306, the proceedings shall not be set aside merely on the ground that he was not so empowered (it is a curable irregularity, not void).

Correct answer: D

Ordering investigation by police under s.155 by a Magistrate not empowered is a curable irregularity that does not vitiate proceedings (s.460(e) CrPC). Attaching/selling property under s.83, taking cognizance under s.190(1)(c), and trying summarily without power all vitiate proceedings under s.461.

Correct answer: B

Section 323 IPC is punishable with imprisonment up to one year. Under s.468(2)(b) CrPC, where the offence is punishable with imprisonment not exceeding one year, the limitation for taking cognizance is one year.

Correct answer: A

Sections 298 and 334 IPC are listed as compoundable in the table to s.320 CrPC; s.147 (rioting) is not listed and is non-compoundable.

Correct answer: A

Plea bargaining is barred (s.265A CrPC) where the offence is against a woman (s.354 IPC), or is a notified socio-economic offence including the Dowry Prohibition Act and offences under ss.23-28 of the Juvenile Justice Act. Section 324 IPC (hurt by dangerous weapons, up to 3 years, not per se against a woman) is not so excluded, so statement (a) that plea bargaining is 'not maintainable' for s.324 is the wrong statement.

Correct answer: D

Under s.313(3) CrPC the accused shall not render himself liable to punishment by refusing to answer or by giving false answers to questions put under s.313; no oath is administered and the answers are not on oath.

Correct answer: C

A confession recorded under Sec.164 CrPC must be voluntary; no oath shall be administered to the accused before recording a confession. Administering oath is illegal/impermissible. A Magistrate without trial/inquiry jurisdiction may still record confessions or statements (Sec.164).

Correct answer: B

A confession made by an accused while in police custody is inadmissible under Sec.26 of the Indian Evidence Act unless made in the immediate presence of a Magistrate. Since the accused was in police custody when he confessed to the duty doctor, it is hit by Sec.26.

Correct answer: B

The Indian Evidence Act defines 'admission' (Sec.17), 'document' (Sec.3) and 'relevant' (Sec.3), but the term 'confession' is nowhere specifically defined in the Act.

Correct answer: D

Being 'kept out of the way by the adverse party' is a condition found in Sec.33 (and Sec.32) ... but the distinguishing common pre-conditions (dead, cannot be found, cannot be produced without unreasonable delay/expense) appear in both Secs.32 and 33; the clause 'kept out of the way by the adverse party' is NOT among the conditions common to Sec.32 — it is the odd-one-out asked for.

Correct answer: C

Sec.32 (statements of persons who are dead or cannot be found, including dying declarations) is the principal exception to the rule against hearsay evidence.

Correct answer: A

Under Sec.42 of the Indian Evidence Act, judgments relating to matters of a public nature (existence of a public right of way) are relevant whether or not between the same parties; here the decree is relevant but not conclusive proof and does not operate as res judicata between different defendants.

Correct answer: A

Under Sec.62 (Explanation 2), where a document is executed in counterparts, each counterpart is primary evidence as against the parties executing it. A counterpart is only secondary evidence against parties who did not execute it; a photograph of an original is secondary evidence.

Correct answer: D

Sec.6 IPC provides that throughout the Code every definition of an offence, every penal provision and every illustration is to be understood subject to the General Exceptions, though those exceptions are not repeated in each definition.

Correct answer: A

Under Sec.11 IPC the word 'person' includes any company or association or body of persons, whether incorporated OR NOT. The statement that it includes 'only an incorporated body' is therefore wrong.

Correct answer: D

Sec.29 IPC defines 'document' as matter expressed or described upon any substance by means of letters, figures or marks, intended to be used, or which may be used, as evidence. The phrase 'which shall be used as evidence' is not part of the definition.

Correct answer: C

Under Sec.354C IPC (voyeurism), where consent was given to capture the image but not to its dissemination, disseminating the image is an offence of voyeurism. The man committed the offence of voyeurism.

Correct answer: B

A finds property (the cheque) whose owner is known to him and dishonestly appropriates it — this is dishonest misappropriation of property under Sec.403 IPC, not theft (it was not in anyone's possession when taken) and not criminal breach of trust (no entrustment).

Correct answer: C

An executor who dishonestly disobeys the law directing distribution per the Will and appropriates the effects commits criminal breach of trust under Sec.406 IPC (this is the classic illustration to Sec.405 IPC), as the property was entrusted to him.

Correct answer: C

Under Sec.464 IPC, a person makes a false document who 'dishonestly or fraudulently' makes a document with the relevant intention. The missing words are 'dishonestly or fraudulently'.

Correct answer: C

The IPC has express provisions for attempt to murder (Sec.307), attempt to commit robbery (Sec.393) and attempt to commit theft (covered under Sec.379/511). There is no separate express provision for attempt to commit culpable homicide (covered only by the general Sec.511).

Correct answer: C

Chapter IV (General Exceptions) refers to age seven (Sec.82), twelve... actually Sec.83 deals with above seven and under twelve; eighteen appears in Sec.90 (consent). 'Five' is not an age referred to in Chapter IV. (Ages referenced: 7, 12, 18.)

Correct answer: B

After the Criminal Law (Amendment) Act, 2013, Sec.354 IPC provides imprisonment of either description for a term not less than one year but which may extend to five years, and also liable to fine.

Correct answer: D

The CrPC defines 'offence' (Sec.2(n)), 'India' (Sec.2(da)/(2)(... )), and 'cognizance'/'cognizable' (Sec.2(c)); but 'charge' is only partly described in Sec.2(b) ('charge includes any head of charge...') — among the options, 'Charge' is the term not given a proper definition. (Cognizance is also not defined, but Charge is the intended answer.)

Correct answer: A

Under Sec.91 CrPC an officer in charge of a police station CAN, by written order, require production of any document or thing necessary for investigation. Hence the statement that he cannot summon a document from a court's office is wrong.

Correct answer: A

Under Sec.167 CrPC, police custody may be granted for a maximum of fifteen days in the whole, computed from the date of arrest; thereafter the accused may only be remanded to judicial custody.

Correct answer: D

Under Sec.82 CrPC, options (a), (b) and (c) are mandatory modes of publishing the proclamation. Publication in a newspaper under Sec.82(2)(iv) is discretionary ('the Court may, if it thinks fit'), so stating it as mandatory is the wrong statement.

Correct answer: B

Under Sec.60 of the Indian Evidence Act, oral evidence of the contents of a document by a person who saw it is secondary evidence (Sec.63). Option (b) is the correct statement; the court CAN require an admitted fact be proved (Sec.58 proviso), each part of a document executed in parts is primary evidence, and contents of documents cannot be proved by oral evidence.

Correct answer: A

Under Sec.165 of the Indian Evidence Act, the Judge may, in order to discover or obtain proper proof of relevant facts, ask any question he pleases, in any form, about any relevant or irrelevant fact.

Correct answer: C

Sec.106 of the Indian Evidence Act provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Correct answer: D

Sec.112 requires birth during continuance of a valid marriage OR within 280 days after its DISSOLUTION (mother remaining unmarried). Option (d) wrongly states 'within 280 days after the marriage', so it is not a true ingredient of Sec.112.

Correct answer: A

Sec.352 IPC (assault or criminal force without grave provocation) is non-cognizable and bailable. Secs.353 and 365 are cognizable, and Sec.354 is cognizable as well.

Correct answer: C

Under Sec.114A of the Indian Evidence Act, where sexual intercourse by the accused is proved and the woman states she did not consent, the court SHALL presume absence of consent. Proof of intercourse is the condition precedent.

Correct answer: B

Putting a person in fear of injury (wrongful confinement of Z's child) to dishonestly induce delivery of property is Extortion under Sec.383 IPC.

Correct answer: D

Under Sec.210 Cr.P.C., when it appears in a complaint case that a police investigation is in progress on the same offence, the Magistrate shall stay the proceedings and call for a report from the investigating officer.

Correct answer: A

Sec.27 of the Evidence Act (discovery of a fact from information given by the accused) embodies the doctrine of confirmation by subsequent fact/conduct, the discovery confirming the truth of the information.

Correct answer: B

Under Article 3 of the Constitution, Parliament may by law form new States. New States are established by Parliament.

Correct answer: D

Under Article 18(4), a foreigner holding an office of profit under the State shall NOT, without the President's consent, accept a title from any foreign State. Option (d), which omits the consent requirement, is the wrong statement.

Correct answer: A

Article 24 prohibits employment of any child below 14 in any factory or mine or in any other hazardous employment.

Correct answer: C

Article 32(3) provides that, without prejudice to the Supreme Court's powers, Parliament may by law empower 'any other court' to exercise within its local limits the powers exercisable by the Supreme Court under Art.32(2).

Correct answer: A

Article 39A directs the State to secure equal justice and free legal aid.

Correct answer: C

Article 51A duties include developing scientific temper, abjuring violence, and renouncing practices derogatory to women's dignity. Encouraging settlement of disputes by arbitration is NOT a fundamental duty.

Correct answer: B

Article 20 covers ex-post-facto law, double jeopardy and self-incrimination. The 24-hour police-custody safeguard is in Article 22(2), not Article 20.

Correct answer: B

Article 29(1) protects the right to conserve a distinct language, script or culture; it does NOT mention 'religion'. Hence 'religion' is the wrongly used word.

Correct answer: B

Article 25(2)(a) permits the State to make law regulating or restricting economic, financial, political or other secular activity associated with religious practice. Statement (b), asserting the State 'shall not', is the wrong one.

Correct answer: C

Article 37 in Part IV (Directive Principles of State Policy) declares those principles fundamental in the governance of the country.

Correct answer: C

'My Own Boswell' is the autobiography of Justice M. Hidayatullah, former Chief Justice of India.

Correct answer: D

Justice M. Fathima Beevi was the first woman judge of the Supreme Court of India (1989). Anna Chandy was India's first woman High Court judge.

Correct answer: B

Justice K.T. Koshi was the first Chief Justice of the High Court of Kerala, constituted on 1 November 1956.

Correct answer: C

The opening lines 'Why does a man want to write his autobiography...' are from 'Roses in December', the autobiography of Justice M.C. Chagla.

Correct answer: C

Best guess (c) Lord Mountbatten per the commonly circulated PSC key. Historically the very first Constituent Assembly session (9 Dec 1946) was opened by Sachchidananda Sinha as temporary chairman, who is not among the options, making this contested.

Correct answer: B

Endemic, Epidemic and Rife all relate to prevalence/spread of disease. 'Niche' (a specialised position or recess) is the odd one out.

Correct answer: A

Mother's father's son = mother's brother = R's maternal uncle.

Correct answer: D

The SUPERMAN->USEPMRNA mapping swaps within letter-pairs, which on ADVOCATE yields DAOVACET (option c). The paper's printed key lists (d) DVOACAET, so the intended rule is ambiguous; given as best guess matching the official key.

Correct answer: A

MALAYALAM is a palindrome, so its mirror image reproduces the same letter sequence; option (a) MALAYALAM matches the mirror image.

Correct answer: B

Daisy:Flower:Plant :: Bungalow:House:? A bungalow is a type of house, and a cottage is likewise a kind of dwelling/house in the same category; the completing term is Cottage.