Kerala Judiciary — Prelims 2020

Correct answer: A

Res judicata under S.11 CPC requires the same parties OR parties litigating under the same title; option (a) merely says 'between same parties', which omits the 'same title' element, while (b) finally-decided, (c) competence to try the subsequent suit, and (d) matter directly and substantially in issue are all proper ingredients. Close call: (a) is the least complete statement of an ingredient.

Correct answer: B

Transfer by an ostensible owner under S.41 TPA is the classic exception to nemo dat quod non habet, protecting a bona fide transferee for value who took reasonable care. The other transfers do not embody that exception.

Correct answer: D

S.20B (inserted by the 2018 Amendment) provides for Special Courts only for suits relating to contracts for INFRASTRUCTURE PROJECTS, not for purchase of a residential house; hence the contention fails because the subject matter is not covered by S.20B.

Correct answer: D

A defendant may plead alternative defences; pleadings may be inconsistent but not mutually destructive. Permissible pleading is alternative defences (Order 8). 'Inconsistent', 'contradictory' and 'destructive' defences are impermissible.

Correct answer: A

Under S.2(11) CPC 'legal representative' is wider than 'legal heir'; it includes any person who in law represents the estate of a deceased, even an intermeddler, not merely heirs.

Correct answer: C

In a representative suit under Order 1 Rule 8 CPC, no part of the claim may be abandoned/compromised without leave of court and notice to interested persons (Order 23 Rule 3B). The irregularity is that leave to settle was not granted.

Correct answer: D

In a usufructuary mortgage (S.58(d) TPA) the mortgagee is put in possession and recovers the mortgage money by retaining possession and appropriating rents/profits; he has no right to sue for foreclosure or sale.

Correct answer: B

The doctrine of election under S.35 TPA rests on the maxim that one cannot approbate and reprobate — a person taking a benefit under an instrument must accept the whole of it.

Correct answer: C

Under S.20 of the Specific Relief Act (substituted performance), once a party opts for substituted performance he is NOT entitled to claim specific performance; he may only recover the costs from the party in breach. Hence option c is the incorrect statement.

Correct answer: B

S.39 of the Specific Relief Act deals with mandatory injunctions; the power to award damages in addition to or in substitution for an injunction flows from S.39(2)/S.40. The plaintiff may sue for damages in the light of S.39(2)/40, so option b (s.39(2)) is correct.

Correct answer: A

Under S.200 of the Contract Act, an act that would injure the rights of a third person cannot be ratified. C's unauthorised notice of termination, if ratified, would prejudice A; hence ratification is invalid.

Correct answer: C

S.92 CPC permits a suit by the Advocate-General or by two or more persons with leave of court; it does NOT require the suit to be filed by a statutory authority. Hence option c is not a mandate.

Correct answer: A

Under S.20(b) CPC, where there are several defendants, the suit may be instituted where any one of them resides provided leave of court is obtained; the objection of the other defendants is therefore not sustainable.

Correct answer: A

Before committing a judgment-debtor to civil prison in execution of a money decree, the court must hold an inquiry into his means to pay (S.51 proviso and Order 21 Rule 40 CPC) — i.e. enquire whether he has the means to pay.

Correct answer: D

A commissioner's report forms part of the record (Order 26 CPC); the commissioner need not invariably be examined, and the burden lies on the party objecting to the report to substantiate his objections.

Correct answer: C

Under S.11(4)(iv) read with the proviso of the Kerala Buildings (Lease and Rent Control) Act, on the landlord's failure to reconstruct, the tenant may be restored to possession, the landlord directed to reconstruct, and to pay differential rent; the Act does not provide for a fine of Rs.500, which therefore cannot be granted.

Correct answer: B

A mortgage by deposit of title deeds requires no registration, but where the mortgage is actually CREATED by (constituted in) the memorandum itself rather than the deeds, the memorandum becomes a document creating an interest in immovable property and is compulsorily registrable.

Correct answer: D

Under Order 22 Rule 10A / the proviso to the pleader's vakalath, the engagement of a pleader is deemed to continue until the legal heirs of the deceased party are brought on record.

Correct answer: A

On rescission of a voidable contract (S.64 Contract Act / S.30 Specific Relief Act), the party rescinding must restore any benefit he has received under the contract to the person from whom it was received.

Correct answer: C

Under S.143A(4) NI Act, if the accused is acquitted the court shall direct the complainant to repay the interim compensation with interest at the bank rate published by RBI at the beginning of the relevant financial year, within 60 days (extendable by 30 days).

Correct answer: D

S.89 CPC contemplates arbitration, conciliation, judicial settlement (including Lok Adalat) and mediation. 'Negotiation' is not one of the statutory modes.

Correct answer: C

Under S.71 of the Contract Act, a finder of lost goods is in the position of a bailee, with the duties and rights attached to a bailee.

Correct answer: A

An advertisement inviting tenders is merely an invitation to offer (invitation to treat); the tenders submitted in response are the offers.

Correct answer: C

In a bill of exchange the drawer is creditor of the drawee (who owes him) and debtor of the payee — i.e. debtor to one and creditor to another.

Correct answer: C

An agreement whose object or consideration is forbidden by law / unlawful (S.23 Contract Act) is an illegal contract; it is void and also taints collateral transactions.

Correct answer: A

Under S.34 Specific Relief Act, the plaintiff must be a person entitled to any legal character, or to any right as to any property, to sue for a declaration.

Correct answer: C

Under Order 40 Rule 4 CPC, where a receiver fails to discharge his duties and causes loss to the property by his wilful default or gross negligence, the court may attach and sell his property to recover the loss.

Correct answer: B

Where parties agree in writing to state a question of fact or law in the form of a case for the opinion of the court and to be bound by the decision, it is a 'special case' under Order XXXVI CPC.

Correct answer: D

Under S.11(11) of the Kerala Buildings (Lease and Rent Control) Act, a tenant in notified essential service is exempt from eviction, except where the landlord himself is engaged in such notified employment and requires the building for his own occupation.

Correct answer: C

Under S.129 of the Indian Contract Act, a guarantee which extends to a series of transactions is called a 'continuing guarantee'.

Correct answer: A

The 'might and ought' principle (constructive res judicata) is embodied in Explanation IV to S.11 CPC: a matter which might and ought to have been made a ground of defence or attack is deemed to have been directly and substantially in issue.

Correct answer: C

A mere right to sue (such as a cause of action for malicious prosecution, a personal tort) cannot be transferred; it is hit by S.6(e) of the Transfer of Property Act.

Correct answer: D

Under the Explanation to S.141 of the Negotiable Instruments Act, 'company' means any body corporate and includes a firm or other association of individuals; a Joint Hindu Family is not included.

Correct answer: C

Under S.38(2)/41(h) and the principles governing perpetual injunction, an injunction is refused where compensation in money would afford adequate relief; the other options are grounds for granting it (e.g., no standard to ascertain damage, to prevent multiplicity, against a trustee).

Correct answer: D

Under S.99 CPC (the principle applied to S.47 orders), no order shall be reversed or modified for any error, defect or irregularity not affecting the merits, unless it has prejudicially affected the decision of the case.

Correct answer: B

A puisne (later/subsequent) mortgage is a second or subsequent mortgage of the same property created by the mortgagor, ranking after the prior mortgage.

Correct answer: C

A vested interest (S.19 TPA) is not revocable, is heritable and transferable, is not affected by the death of the transferee before vesting, and is not made contingent on an uncertain event. 'Revocable after transfer' is therefore not true.

Correct answer: B

Under S.58 CPC, a judgment-debtor in civil prison is released on full satisfaction of the decree, on deposit of the warrant amount, or on the decree-holder's failure to pay subsistence allowance. A mere request by family members is not a ground for premature release.

Correct answer: A

Under Order 5 Rule 19 CPC, where summons is returned with an endorsement of refusal, the court, if it has reason to be dissatisfied / has doubt about the truth of the endorsement, shall examine the serving officer on oath.

Correct answer: A

A written and registered promise made on account of natural love and affection between parties standing in a near relation is a valid contract under S.25(1) of the Contract Act, despite want of consideration.

Correct answer: B

Estoppel (S.115 Indian Evidence Act) is a rule of evidence; it operates to prevent a party from denying what he has earlier represented and is contained in the Evidence Act.

Correct answer: B

S.300 'Fourthly' IPC applies where the person committing the act knows it to be so imminently dangerous that it must in all probability cause death, and does it without excuse for incurring such risk.

Correct answer: D

Issue estoppel bars re-litigation of an issue of fact already decided, but it does NOT bar trial and conviction for a different and distinct offence; hence option (d) is the incorrect statement.

Correct answer: B

Kidnapping or abducting a person in order that he may be put in danger of being murdered (e.g., offered as a human sacrifice) is punishable under S.364 IPC.

Correct answer: C

Under S.27 Indian Evidence Act, only so much of the information as distinctly relates to the fact discovered is admissible, i.e., 'I have hid the knife beneath the culvert... I will show it'; the confession to murder is inadmissible.

Correct answer: A

Where the deceased was last seen alive in the company of the accused and not seen thereafter, the 'last seen theory' is the logical deduction; mere proof of being last seen does not by itself prove murder.

Correct answer: B

Pulling a public servant (Revenue Officer) by hand to deter/prevent her from discharging her duty of attachment is assault or criminal force to deter a public servant from discharge of duty, punishable under S.353 IPC.

Correct answer: D

The object of examining the accused under S.313 Cr.P.C. is to enable him personally to explain any circumstances appearing in the evidence against him.

Correct answer: C

Under S.321 Cr.P.C., only the Public Prosecutor or Assistant Public Prosecutor in charge of the case may, with the consent of the court, withdraw from the prosecution.

Correct answer: A

The presumption of legitimacy under S.112 Indian Evidence Act can be rebutted only by proving non-access between the parties during the relevant period of conception.

Correct answer: C

If during trial of a warrant-triable offence (S.324) evidence shows the offence is in fact exclusively triable by Sessions (e.g. attempt to murder/grievous nature sufficient to cause death), the Magistrate must commit the case to the Court of Session under S.323 CrPC.

Correct answer: D

The Explanation to S.77 IPC extends the protection given to a Judge to a Magistrate, providing the same immunity for acts done in a judicial capacity in good faith believed to be within his power.

Correct answer: D

In Mithu v. State of Punjab (1983), a Constitution Bench struck down S.303 IPC (mandatory death for a life convict committing murder) as violative of Articles 14 and 21.

Correct answer: A

Under the proviso to S.132 of the Evidence Act, a compelled answer cannot subject the witness to any other prosecution, except a prosecution for giving false evidence by that answer.

Correct answer: C

S.22A makes oral admissions as to contents of electronic records irrelevant, except where the genuineness of the electronic record produced is in question.

Correct answer: C

Pulukuri Kottaya v. King Emperor (AIR 1947 PC 67) is the classic Privy Council decision interpreting S.27 of the Indian Evidence Act, holding only so much of the information as relates distinctly to the fact discovered is admissible.

Correct answer: A

S.127 of the Evidence Act extends the privilege of professional communication under S.126 to the interpreters, clerks and servants of the legal adviser.

Correct answer: B

S.154 of the Evidence Act permits the court to allow the party calling a witness to put questions in the nature of cross-examination (treating the witness as hostile).

Correct answer: D

Under S.142 CrPC, pending an enquiry under S.133, the Magistrate may issue an injunction directing the person against whom the conditional order under S.133 was made. (The option text mis-numbers the sections but only choice (d) correctly pairs injunction power with a S.133 nuisance enquiry.)

Correct answer: B

S.50 of the Evidence Act makes opinion of conduct of a family member relevant to prove relationship, but its proviso bars such opinion as sufficient proof of marriage in proceedings under the Divorce Act (and in prosecutions under S.494, 495, 497, 498 IPC).

Correct answer: D

The marital-communications privilege under S.122 of the Evidence Act does not apply in suits between the spouses or in prosecutions of one spouse for a crime against the other; hence in a S.498A IPC proceeding it is not privileged. Options (a)-(c) are privileged under S.123/124/126.

Correct answer: D

S.88 IPC protects an act done in good faith for the benefit of a person with consent (express or implied) where not intended to cause death; a surgeon's bona fide communication of prognosis for the patient's benefit is protected and is not an offence.

Correct answer: A

The proviso to S.372 CrPC gives a victim the right to appeal against (i) acquittal, (ii) conviction for a lesser offence, or (iii) imposition of inadequate compensation; it does not provide for an appeal seeking enhanced sentence.

Correct answer: A

S.166A CrPC provides for issuance of a letter of request (letter rogatory) to a competent authority in a foreign country for investigation.

Correct answer: D

Under the proviso to S.125(1) CrPC, a major (illegitimate) unmarried daughter is entitled to maintenance where, by reason of any physical or mental abnormality or injury, she is unable to maintain herself.

Correct answer: D

S.34 IPC (acts done by several persons in furtherance of common intention) embodies the principle of joint/vicarious (constructive) criminal liability.

Correct answer: C

A retracted confession can form the basis of conviction without corroboration if the court is satisfied it is voluntary, true and trustworthy, though as a rule of prudence corroboration is usually sought.

Correct answer: B

S.29 of the Evidence Act provides that an otherwise relevant confession is not irrelevant merely because it was made under intoxication or other stated circumstances; the confession remains relevant and admissible.

Correct answer: A

The expression 'mutually satisfactory disposition' appears in Chapter XXIA CrPC dealing with plea bargaining (S.265A-265L).

Correct answer: D

Cheating under S.420 requires fraudulent/dishonest intention existing at the inception. As the non-delivery was due to a genuine accident and the accused offered to perform, the complainant failed to prove the dishonest intention to cheat at the outset.

Correct answer: C

S.80 IPC exempts an accident occurring in the doing of a lawful act in a lawful manner with proper care and caution, without criminal intent or knowledge; an injury from a machine breaking despite safety precautions is such an accident.

Correct answer: B

Watching/capturing the image of a woman engaging in a private act (such as bathing) where she expects privacy is voyeurism under S.354C IPC.

Correct answer: D

S.54 IPC empowers the 'appropriate Government' to commute a death sentence to any other punishment provided by the Code, without the offender's consent.

Correct answer: B

S.304B requires the death to occur within SEVEN years of marriage, not eight; hence 'within 8 years of marriage' is not an ingredient.

Correct answer: A

Negligent conduct with respect to an animal (failing to guard/secure a ferocious dog) so as to endanger human life or cause injury is punishable under S.289 IPC.

Correct answer: D

Personation at election (S.171D IPC) covers voting in another's name, in a fictitious name, or voting again. Proxy voting under proper authorization is lawful and not personation.

Correct answer: A

Under S.390 IPC, extortion becomes robbery when the offender, at the time of committing it, puts the victim in fear of instant death, hurt or wrongful restraint.

Correct answer: D

S.155(1) Cr.P.C. requires the SHO to enter the substance of the information in the prescribed book and refer the informant to the Magistrate; he cannot investigate a non-cognizable offence without an order under S.155(2).

Correct answer: B

The ultimate duty on completion of investigation of a cognizable offence is to file the final/police report (charge-sheet) to the Magistrate under S.173(2) Cr.P.C. S.172 is only the case diary.

Correct answer: C

S.193 Cr.P.C.: except as otherwise expressly provided by the Code or any other law, no Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it.

Correct answer: B

Justice M. Fathima Beevi was the first woman judge of the Supreme Court of India (1989) and later served as Governor of Tamil Nadu (1997).

Correct answer: C

'Ubi jus ibi remedium' means 'where there is a right, there is a remedy'.

Correct answer: D

Article 39A of the Constitution (a Directive Principle) provides for equal justice and free legal aid.

Correct answer: C

Habeas corpus is the only writ that lies against a private individual (to produce a person in unlawful detention); mandamus, certiorari and prohibition lie only against public authorities/bodies.

Correct answer: B

Reasoning by major premise, minor premise and conclusion is a syllogism; here the conclusion is a fallacious syllogism but the form is syllogistic.

Correct answer: C

Where general words ('etc.') follow an enumeration of specific persons of the same class, ejusdem generis confines the general words to that genus, determining whether a daughter-in-law falls within the class of listed relatives.

Correct answer: D

Right to privacy was elaborately considered by the nine-judge Constitution Bench in K.S. Puttaswamy v. Union of India (2017), holding privacy a fundamental right under Article 21.

Correct answer: D

Voir dire is the preliminary examination conducted by the court to test the competency/understanding of a child witness before recording evidence.

Correct answer: D

Vishaka v. State of Rajasthan (1997) laid down the guidelines against sexual harassment of women at the workplace.

Correct answer: D

Parol evidence means oral evidence (the parol evidence rule excludes oral evidence to contradict the terms of a written document).

Correct answer: C

Indian Law Reports (Kerala Series) is the law report published under the authority of the Government of Kerala; KLT, KHC and KLJ are private publications.

Correct answer: C

The legality of narco-analysis, polygraph and BEAP tests was decided in Selvi v. State of Karnataka (2010), holding involuntary administration violates Article 20(3).

Correct answer: A

Kesavananda Bharati v. State of Kerala (1973) challenged the Kerala Land Reforms Act, 1963 (and constitutional amendments), giving rise to the basic structure doctrine.

Correct answer: B

Mere shortfall in balance, with the buyer leaving hurriedly, supports only the neutral inference that it was either a mistake or purposeful — not proof of the dishonest intention required for cheating under S.420 IPC.

Correct answer: A

The High Court's writ jurisdiction under Article 226 is wider, as it can be invoked for enforcement of fundamental rights 'and for any other purpose', whereas Article 32 is limited to fundamental rights.

Correct answer: C

Subordinate Courts are dealt with in Chapter VI of Part VI of the Constitution (Articles 233-237).

Correct answer: A

Lemon and orange are both fruits; the analogous pair for potato (a vegetable) is carrot, another vegetable.

Correct answer: A

Butter, ghee, curd, milk and cheese are all dairy products derived from/related to milk; sugar is unrelated.

Correct answer: D

The Comptroller and Auditor General, Chief Justice of India and Attorney General are constitutional offices; the Ombudsman (Lokpal) is not provided for in the Constitution, making it the odd one out.

Correct answer: C

The Supreme Court's original jurisdiction (Art.131) covers inter-State and Centre-State disputes; election disputes of President/Vice-President (Art.71) and inter-State water disputes are within it, but appointment of a Governor is an executive act with no original jurisdiction.