Kerala Judiciary — Prelims 2023

Correct answer: D

Section 6 CPC is the provision on pecuniary jurisdiction, but the question's phrasing ('shall have no jurisdiction over suits...exceeds its pecuniary limits') is the substance of Section 6. However the bare-Act marginal heading 'Pecuniary jurisdiction' is Section 6. Among the options, Section 6 (c) is the correct provision.

Correct answer: D

In Dhulabhai v. State of M.P. (AIR 1969 SC 78), the Supreme Court laid down the principles governing the exclusion of jurisdiction of civil courts (Section 9 CPC).

Correct answer: A

A suit for compensation (a personal action for damages, not a suit for property) may be filed where the defendant resides under Section 20 CPC. The seller (plaintiff) seeking compensation sues the buyer; but here the seller files, so it lies where the cause of action arose or defendant resides. Since it is a money/compensation claim, the seller may institute at his own forum only where defendant resides — among options Kozhikode (seller's residence) is the offered correct choice per the key.

Correct answer: A

The quoted passage on 'principal sum adjudged' and interest pendente lite/future interest is from the Constitution Bench decision in Central Bank of India v. Ravindra (2002) 1 SCC 367.

Correct answer: A

The court which passed the decree retains power; to execute against property outside its jurisdiction it transfers the decree to the court where property lies (Sections 38-39 CPC). The objection of lack of jurisdiction fails — the court that passed the decree can order sale (after transfer). Option (a) reflects that the passing court controls execution.

Correct answer: D

Questions relating to execution, discharge or satisfaction of the decree are to be determined by the court executing the decree, not by a separate suit (Section 47 CPC). The executing court decides.

Correct answer: B

An order for costs on restoration is executable. By Section 36 CPC the provisions relating to execution of decrees apply to orders, so the execution petition for the Rs.20,000 costs is maintainable.

Correct answer: C

Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall not grant a mere declaration of title where the plaintiff, being able to seek further (consequential) relief, omits to do so. Refusal is because consequential relief was not claimed.

Correct answer: C

Under Section 60(1) proviso (i) CPC, salary exemption is first Rs.1000 plus two-thirds of the remainder. For Rs.31,000: Rs.1000 exempt, remainder Rs.30,000, two-thirds (Rs.20,000) exempt, attachable = one-third of Rs.30,000 = Rs.10,000.

Correct answer: D

Both statements are correct: under Section 92 CPC leave of court is a precondition for a public-trust suit, while in a representative suit under Order I Rule 8 leave/permission of the court is indeed required (court grants permission), and the intended contrast makes 'both correct' the best answer. Statement 1 (Section 92 needs leave) is correct and Statement 2 as framed is correct.

Correct answer: B

The bar of constructive omission to claim one of several reliefs arising from the same cause of action without the court's leave is under Order II Rule 2 CPC.

Correct answer: A

Under Order VII Rule 19 / Order VI and the registered-address provisions (Order VII Rule 24-style rules), 'registered address' is the address of a party as given in the vakalatnama/registered for service. Option (a) — address given in the vakalath.

Correct answer: C

The time limit in Order VIII Rule 1 CPC (30/90 days) for filing a written statement has been held to be directory, not mandatory (Kailash v. Nanhku, (2005) 4 SCC 480), for ordinary civil suits.

Correct answer: A

Where a counterclaim is filed, if the plaintiff fails to appear, the suit may be dismissed for default but the counterclaim survives and the court proceeds with the counterclaim (Order VIII Rule 6-A treats a counterclaim as a cross-suit).

Correct answer: A

Order XIV Rule 2 CPC permits the court to try an issue of law first where it relates to jurisdiction of the court or a bar to the suit. The issue is one of 'law'.

Correct answer: D

Where on an adjourned hearing only the plaintiff appears and the suit is decreed in the defendant's absence, the decree is ex parte (Order XVII Rule 2 / Order IX), and the defendant may apply under Order IX Rule 13 CPC to set it aside.

Correct answer: A

Where notice under Order XXI Rule 37 is served, the JD does not appear, evidence of means is taken, a warrant issues and the JD is produced, and the court is satisfied he has means, it shall commit him to civil prison (Order XXI Rule 40 read with Section 51 CPC).

Correct answer: D

Under Order XXVI Rule 10(2) CPC a commissioner's report is evidence only in the suit in which the commission was issued; it cannot be read as evidence in a different suit. Hence it cannot be admitted in another suit.

Correct answer: D

Under the proviso to Order XXXIX Rule 3 CPC, where an injunction is granted ex parte the court shall record reasons, require the applicant to deliver/send the application and documents to the opposite party, and file an affidavit of such delivery — all the above.

Correct answer: A

Under Section 148-A CPC a caveat remains in force for 90 days from the date on which it was lodged.

Correct answer: C

A time-barred debt is good consideration for a fresh written promise to pay (Section 25(3), Contract Act, 1872). The suit on the 2022 promissory note is within limitation and maintainable. No — a barred debt can be the consideration for a written instrument.

Correct answer: C

Novation (Section 62, Contract Act) requires substitution of a new contract or new parties. An agreement of the parties merely not to perform the contract (rescission) is not a novation. Option (c) is not a novation.

Correct answer: D

Under Section 74 of the Contract Act, where a penalty is stipulated the party is entitled only to reasonable compensation not exceeding the stipulated sum, irrespective of proof of actual loss; the court must assess reasonable compensation. The decree awarding the full penalty without enquiry is incorrect (option d).

Correct answer: D

Undue influence renders a contract voidable (Section 19-A, Contract Act, 1872), not void. A declaration that the contract is invalid/avoidable on that ground is correct — option (d), voidable and decree correct.

Correct answer: A

Under Section 139 of the Contract Act, 1872, if the creditor does any act inconsistent with the rights of the surety, or omits to do an act which his duty to the surety requires, and the surety's eventual remedy against the principal debtor is thereby impaired, the surety is discharged. The surety's contention is valid under Section 139.

Correct answer: A

Under Section 8 of the Negotiable Instruments Act, 1881, a 'holder' is a person entitled in his own name to possession of the instrument. A person who came into possession of a cheque for consideration is its holder; he becomes a 'holder in due course' only if he obtained it before maturity, in good faith and without notice of defect, so the plain answer is holder.

Correct answer: C

In Mohammad Ahmad v. Atma Ram Chouhan (2011) 7 SCC 755 the Supreme Court laid down guidelines stating that if the tenant pays the present and prevalent market rent assessed and fixed between the parties, the landlord shall not bring an eviction action for at least 5 years.

Correct answer: C

Eviction for demolition and reconstruction of the building is governed by Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965, which covers a landlord's bona fide requirement to reconstruct the building (here, to occupy it after reconstruction).

Correct answer: D

The presumption is in favour of regularity; a promissory note is presumed to have been duly stamped, and where the instrument is lost the plaintiff has no initial burden to prove it was duly stamped. The burden shifts only if the defendant raises and shows the contrary.

Correct answer: D

Under clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, the payee/holder in due course must make a demand by written notice within 30 days of receipt of information from the bank regarding return of the cheque as unpaid (option d, '30 days of the date of dishonour', is the closest correct period and the intended answer).

Correct answer: B

Where one co-mortgagor redeems the entire mortgage, the other co-mortgagor's remedy is not a fresh redemption but a suit for partition of his share on payment of his proportionate share of the redemption money; the redeeming co-mortgagor is treated as holding the property subject to the others' rights (Section 92/95 TPA, doctrine of subrogation).

Correct answer: D

The maxim 'quicquid plantatur solo, solo cedit' (whatever is affixed to the soil belongs to the soil) is NOT applicable in India; an Indian owner of the land is not automatically owner of structures built by another, and equities are worked out. Hence applying that rule to deny compensation is incorrect because the rule does not apply in India.

Correct answer: C

When the transferee files a claim petition in the attachment-before-judgment, the creditor-plaintiff can resist that claim by raising the very contentions available under Section 53 of the Transfer of Property Act, 1882 (that the transfer was made to defeat or delay creditors); he need not be relegated to a separate suit.

Correct answer: C

Under Section 54 of the Transfer of Property Act, 1882, an agreement to sell creates no interest in the property, but the buyer is entitled to a charge on the property for the amount of any purchase-money properly paid by him (and for earnest and costs), unless he has improperly declined to accept delivery.

Correct answer: D

A mere contract for sale does not transfer title or divest the landlord of his ownership (Section 54 TPA: an agreement to sell creates no interest). 'B' remains the landlord and can maintain the eviction petition; the tenant's pending specific-performance suit is no bar.

Correct answer: A

Under Section 3 of the Transfer of Property Act, 1882, valid attestation requires each witness to have seen the executant sign/affix mark (or seen another sign in his presence by his direction) and to sign in his presence. Attestation is invalid if the witnesses have not seen the executant execute the instrument. Two witnesses suffice and they need not attest simultaneously.

Correct answer: A

A person dispossessed of immovable property otherwise than in due course of law may, without proof of title, sue to recover possession under Section 6 of the Specific Relief Act, 1963; this is the immediate summary remedy of the forcibly dispossessed tenant.

Correct answer: C

A contract of personal service so dependent on personal qualifications (an artist) cannot be specifically enforced, and an injunction (mandatory or otherwise) cannot be granted to compel its continuance (Sections 14 and 41(e) of the Specific Relief Act, 1963). Hence the suit for mandatory injunction to continue services is not maintainable.

Correct answer: D

Where the contract is to sell a share in immovable property and the buyer seeks both title and possession, the appropriate reliefs are specific performance together with partition (to demarcate and deliver the undivided share); option d ('specific performance and ... partition') captures this composite relief.

Correct answer: C

Section 28 of the Specific Relief Act, 1963 contemplates an application in the original specific-performance suit for execution of conveyance / further directions, so a suit/proceeding seeking a direction to execute a proper conveyance deed in terms of the decree is maintainable under that provision.

Correct answer: B

By requiring the complainant and witnesses to be present to give sworn statements (examination under Section 200 / postponement under Section 202 CrPC) before deciding to issue process, the Magistrate has postponed the decision whether to take cognizance and issue process; he has not yet taken cognizance or decided on trial.

Correct answer: B

The ordinary mode of service of summons under Section 62 CrPC is by a police officer, or (subject to State rules) by an officer of the Court or other public servant. In Kerala the ordinary mode is service through an officer of the court.

Correct answer: B

Section 4(2) CrPC makes the Code applicable to investigation, inquiry and trial of offences under any other law (like the Customs Act) subject to any special enabling provision; relying on Section 4(2), the Magistrate's general power to remand to judicial custody applies even though the Customs Act is silent. The action is correct.

Correct answer: D

Under Section 85(3) CrPC, if the absconder appears or is arrested within two years of attachment and proves he did not abscond/conceal himself to avoid execution of the proclamation, the attached property (or sale proceeds) shall be restored to him after deducting costs of attachment.

Correct answer: D

Mere possession of suspected stolen property under Section 41(1)(d) CrPC, without an accusation of any specific substantive offence, is at most a bailable situation; with no allegation of commission of a non-bailable offence the Magistrate shall release him on bail (option d, treated as a bailable matter).

Correct answer: A

Information disclosing a cognizable offence (causing hurt) must be reduced to writing and registered as an FIR under Section 154 CrPC and investigation begun; Lalita Kumari v. Govt. of U.P. (2014) holds registration is mandatory when the information discloses a cognizable offence. No preliminary enquiry is required first.

Correct answer: C

A police statement under Section 161 CrPC can be used only to contradict the witness (the proviso to Section 162(1) CrPC), and the manner of contradiction is governed by Section 145 of the Evidence Act, 1872 — by drawing his attention to the specific part of the prior statement intended to be used to contradict him.

Correct answer: A

For contempt under Section 228 IPC committed in its view, the court under Sections 345 and 346 CrPC may either (1) take cognizance and, after opportunity, sentence the offender to a fine (up to Rs.200 under s.345) or (2) forward a complaint to a competent Magistrate. It cannot order police arrest/investigation. Hence options 1 and 2 are correct.

Correct answer: B

Under Section 223 CrPC the permitted joint trials require a common transaction or offences of the same kind within twelve months committed jointly. Option b ('similar offences within twelve months') omits the 'committed jointly / same kind' requirement of Section 223(d) and is the odd one out, as 'similar' offences alone do not justify joinder.

Correct answer: D

At the discharge stage under Section 239 CrPC the Magistrate considers only the police report and documents under Section 173 produced by the prosecution; he cannot rely on documents produced by the accused to weigh defence material and discharge. Discharging on the strength of the accused's exculpatory documents is therefore wrong.

Correct answer: A

An offence under s.138 NI Act is tried as a summons case (punishable up to 2 years), and Section 258 CrPC allows a Magistrate in a summons case to stop proceedings; the order is correct since it is a summons case.

Correct answer: A

Section 274 CrPC requires the Magistrate to make a memorandum of the substance of evidence as each witness's examination proceeds, in all summons cases and inquiries (other than warrant-case/sessions where full record under s.275/276 is taken). Of the options, the memorandum-of-substance procedure under s.274 applies to summons cases.

Correct answer: A

Under Section 306(1) CrPC, a CJM/Metropolitan Magistrate may tender pardon at any stage of investigation, inquiry or trial, whereas a Judicial Magistrate of the First Class may tender pardon at any stage of the inquiry into, or the trial of, the offence (not during investigation).

Correct answer: C

Under Section 326 CrPC a successor Magistrate may act on evidence recorded by the predecessor; however the proviso in s.326(3) makes the section inapplicable to summary trials, and a case transferred for want of competency is a recognised situation where the successor may proceed. Both (i) and (ii) are correct.

Correct answer: D

Section 354(4) CrPC: where conviction is for an offence punishable with imprisonment of one year or more but the court imposes imprisonment for less than three months, it must record reasons, unless the sentence is imprisonment till the rising of the court or the case was tried summarily.

Correct answer: B

In Rakesh Kumar Paul v. State of Assam (2017) 15 SCC 67, the Supreme Court held that the 90-day period under proviso to s.167(2) applies only where the offence carries a minimum sentence of 10 years; otherwise the 60-day period applies.

Correct answer: C

Section 446 CrPC contemplates forfeiture of the bond on breach and notice to the surety to pay the penalty or show cause; it does not require a prior notice asking the surety to produce the accused. Hence the action is legal.

Correct answer: A

Under Section 41 CrPC read with the First Schedule, in a cognizable offence a police officer may arrest a person without a warrant and without an order of a Magistrate.

Correct answer: A

Criminal misappropriation (s.403 IPC, max 2 years) is triable as a warrant case (Sch. I: imprisonment 1yr-up-to-but-not-7yrs framing aside, s.403 with 2 yrs is a warrant-case trial by Magistrate). In a warrant case the accused must be heard on sentence (s.248(2)); failure to do so is an error. Hence 'Yes, since it is a warrant case' (option a). Flagged: classification of s.403 as warrant vs summons case is the crux.

Correct answer: B

Under Part II of the First Schedule CrPC, an offence under any other law punishable with imprisonment for 3 years and upwards but not more than 7 years is triable by a Magistrate of the First Class. Seven years falls in this slab, so it is triable by a Judicial Magistrate of the First Class.

Correct answer: A

Section 6 IPC provides that every definition of an offence is subject to the General Exceptions, so s.82 (act of a child under seven) applies to all offences including murder. The correct answer is the section making general exceptions applicable, i.e. Section 6 IPC.

Correct answer: D

Section 84 IPC: nothing is an offence done by a person who, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Correct answer: C

Where five are charged under s.149 but only two are proved to have committed the offence, the requirement of five (for unlawful assembly) fails, but the two can still be convicted for the substantive offence (e.g., s.326) since they together committed the crime. The Magistrate could have convicted those two.

Correct answer: A

Making a false entry in a record/account with intent to use it as evidence in a judicial proceeding is fabricating false evidence under Section 192 IPC (giving fabricated false evidence).

Correct answer: B

Loss of a tooth (fracture or dislocation of a tooth) is enumerated as grievous hurt under Section 320 IPC. Causing it voluntarily is voluntarily causing grievous hurt (s.322/325). There was no grave and sudden provocation to the accused, so it is simple voluntarily causing grievous hurt.

Correct answer: B

The victim is an adult (25 years), so kidnapping (s.359/361, applies to minors) is not made out; forcibly compelling by force is abduction (s.362). Fisting/grabbing is assault, and confining him in a house for 3 hours is wrongful confinement (s.340). Hence abduction, assault and wrongful confinement.

Correct answer: D

Section 390 IPC: theft is robbery if the offender, for that end, voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint. All the listed acts qualify.

Correct answer: D

Where a gang of five or more commits dacoity and any one of them commits murder in so committing dacoity, every one is guilty under Section 396 IPC (dacoity with murder). They are sentenced for dacoity with murder.

Correct answer: A

Finding property and taking it is not theft, but appropriating/spending it after knowing the true owner constitutes dishonest misappropriation under Section 403 IPC (criminal misappropriation), per Explanation 2 to s.403.

Correct answer: C

Cheating under Section 415 IPC requires deception plus fraudulently/dishonestly inducing the deceived person to deliver property (or do/omit an act causing harm). The combination is deception, fraudulent or dishonest inducement, and delivery of property.

Correct answer: C

A test identification parade is relevant under Section 9 of the Evidence Act, as facts establishing the identity of a person are relevant under s.9.

Correct answer: B

An inscription on a plaque is matter expressed by letters/figures on a substance, i.e., a 'document' under s.3 Evidence Act; thus it is documentary evidence.

Correct answer: B

A judgment in a prior suit between A and B (not falling under ss.40-42, being only an in personam decision on a pathway) is, as against a stranger C, irrelevant under Section 43 of the Evidence Act, since judgments other than those in ss.40-42 are irrelevant unless their existence is a fact in issue or relevant under some other provision.

Correct answer: D

Under Section 53 of the Evidence Act, in criminal proceedings the good character of the accused IS relevant. Therefore the statement that good character is irrelevant (option d) is the incorrect statement.

Correct answer: B

Section 72 of the Evidence Act: an attested document not required by law to be attested may be proved as if it was unattested (i.e., calling an attesting witness is unnecessary).

Correct answer: C

The parol/exclusion-of-oral-evidence rule barring extrinsic evidence contradicting or varying a written contract is embedded in Section 92 of the Indian Evidence Act, 1872.

Correct answer: D

Under Section 118 of the Evidence Act there is no fixed minimum age for competency; a child of any age is competent if able to understand and answer rationally. Hence none of the stated ages is correct.

Correct answer: A

Where a witness omits in the police statement what he deposes in court (saw A there, now A and B), the omission, if significant, amounts to a contradiction usable to impeach credit under Section 155(3) read with Section 162 CrPC.

Correct answer: C

Section 157 of the Evidence Act permits corroboration by a former statement made (i) at or about the time of the fact, or (ii) before any authority legally competent to investigate the fact. Both limbs are correct.

Correct answer: B

The proviso to Section 68 (added in 1926) dispenses with calling an attesting witness for a registered document unless execution is specifically denied, but it expressly excludes a Will from this relaxation, so a Will must still be proved under Section 68.

Correct answer: C

In Sakshi v. Union of India (2004) 5 SCC 518 the Supreme Court laid down guidelines (screen between victim and accused, written cross-examination questions, breaks) for the trial of child sexual abuse and rape cases.

Correct answer: B

M.C. Setalvad was the first Attorney General of India (1950-1963).

Correct answer: B

In Shankari Prasad v. Union of India (AIR 1951 SC 458) the Supreme Court held that Parliament's amending power under Article 368 includes the power to amend Fundamental Rights, and 'law' in Article 13 does not include a constitutional amendment.

Correct answer: A

Article 234 vests appointment of persons (other than district judges) to a State's judicial service in the Governor of the State, after consultation with the State PSC and the High Court.

Correct answer: C

Following the 2019 amendment, the sanctioned strength is the Chief Justice plus 33 other Judges (total 34). The blank asks for 'other Judges' = 33.

Correct answer: B

'Roses in December' is the autobiography of Justice M.C. Chagla (published 1973).

Correct answer: B

The Constitution (First Amendment) Act, 1951 added the Ninth Schedule to the Constitution (to protect land-reform laws from judicial review). The option text is garbled but the answer is the Ninth Schedule.

Correct answer: A

'Autrefois acquit' (protection against double jeopardy / no re-trial after acquittal) is embodied in Article 20(2) of the Constitution and Section 300 CrPC.

Correct answer: D

There is no rule of law requiring a minimum number of witnesses; dacoity (5 or more persons) can be proved by even a single reliable witness. Hence 'none of the above'.

Correct answer: C

Under Section 468 CrPC the limitation for an offence punishable with imprisonment exceeding one year but not exceeding three years is three years; a two-year-imprisonment offence therefore has a three-year limitation.

Correct answer: B

Melting produces a liquid; freezing produces a solid. Answer: solid.

Correct answer: D

After selling 35%, 65% remain = 455, so total = 455/0.65 = 700 mangoes.

Correct answer: C

98 days is exactly 14 weeks, so the day is again Sunday, which is not among the options; the question/options appear defective. Closest intended answer (if '99 days' meant) would be Monday, but treating data as given no option fits; flagged as OCR/data error.

Correct answer: C

A->B upstream covers distance d in 40 min; B->C (half of d, downstream) in 12 min means full d downstream in 24 min. With stream=1: (b-1)(40)=(b+1)(24) gives 16b=64, b=4 km/h.

Correct answer: B

T = SI/(P x R) = 11025/(45000 x 0.07) = 11025/3150 = 3.5 years.

Correct answer: D

An FIR under Section 154 CrPC is not substantive evidence; it can be used only to corroborate or contradict its maker (Sections 157/145 Evidence Act). Hence corroborative evidence.

Correct answer: A

Series 2,5,10,17,26 has differences 3,5,7,9,11, so next term = 26+11 = 37 (n^2+1 pattern).

Correct answer: C

'Noscitur a sociis' means a word is known by its associates, i.e., an unclear word is construed by reference to the surrounding words.

Correct answer: A

Under Article 226, a High Court may issue writs for the enforcement of Fundamental Rights 'and for any other purpose', i.e., for the enforcement of any legal right, making its writ jurisdiction wider than the Supreme Court's under Article 32.

Correct answer: B

Under Section 3(2) of the Legal Services Authorities Act, 1987 the Chief Justice of India is the Patron-in-Chief of the National Legal Services Authority (NALSA).