Maharashtra Judiciary Mock Test 1 — Questions & Solutions
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Under Section 9 of the Code of Civil Procedure, the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
abarred by a notification of the State Government
bexpressly barred only
ceither expressly or impliedly barred
dimpliedly barred only
Answer: C
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature except those of which cognizance is either expressly or impliedly barred.
A files a suit against B for recovery of Rs. 8,000 in a suit of a nature cognisable by a Court of Small Causes. The suit is dismissed. As per Section 96(4) of the Code of Civil Procedure, an appeal from such decree
alies on both questions of fact and law
bdoes not lie at all
clies only on a question of law
dlies only with leave of the appellate court
Answer: C
Under Section 96(4) CPC, no appeal lies 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 Rs. 10,000.
a. The doctrine of res judicata under Section 11 of the Code of Civil Procedure bars the trial of a matter directly and substantially in issue which has been finally decided between the same parties in a former suit by a competent court. b. Order II Rule 2 of the Code bars a claim which was not made but ought to have been made in respect of the same cause of action. Choose the correct option.
aBoth are correct
bBoth are incorrect
ca is incorrect and b is correct
da is correct and b is incorrect
Answer: A
Section 11 bars re-litigation of issues already finally decided; Order II Rule 2 prevents splitting of claims by barring relief omitted from a suit on the same cause of action. Both statements are correct.
A intends to institute a suit against the Government in respect of an act purporting to be done by a public officer in his official capacity. As per Section 80 of the Code of Civil Procedure, no such suit shall be instituted until the expiry of a notice of
athree months
btwo months
cone month
dsix months
Answer: B
Section 80(1) CPC requires that a suit against the Government or a public officer in respect of an official act be preceded by a written notice, after which two months must elapse before instituting the suit.
A second appeal under Section 100 of the Code of Civil Procedure can be entertained by the High Court only when the case
ainvolves a question of fact requiring reappreciation of evidence
bis certified as fit for appeal by the trial court
cinvolves a substantial question of law
dinvolves a value of more than Rs. 1,00,000
Answer: C
Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated.
a. An order granting or refusing a temporary injunction under Order XXXIX of the Code of Civil Procedure is appealable under Order XLIII Rule 1. b. The grant of a temporary injunction requires the applicant to establish a prima facie case, balance of convenience and irreparable injury. Choose the correct option.
aa is incorrect and b is correct
bBoth are incorrect
cBoth are correct
da is correct and b is incorrect
Answer: C
Order XLIII Rule 1(r) makes an order under Order XXXIX Rules 1 or 2 appealable, and the settled three-fold test for a temporary injunction is prima facie case, balance of convenience and irreparable injury. Both statements are correct.
An ex parte decree is passed against the defendant B. The summons was served by substituted service and B had no knowledge of the suit. Under the Code of Civil Procedure, the proper remedy for B to have the decree set aside by the same court is an application under
aSection 47
bOrder IX Rule 13
cOrder IX Rule 9
dSection 151
Answer: B
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree is passed to apply for setting it aside on the ground that summons was not duly served or that he was prevented by sufficient cause from appearing.
A plaintiff's suit is dismissed for default of his appearance under Order IX Rule 8 of the Code of Civil Procedure. The remedy available to the plaintiff to get the dismissal set aside and the suit restored is an application under
aOrder XLI Rule 19
bOrder IX Rule 9
cOrder IX Rule 13
dOrder IX Rule 7
Answer: B
Where a suit is dismissed under Order IX Rule 8 for the plaintiff's non-appearance, Order IX Rule 9 allows the plaintiff to apply for setting aside the dismissal on showing sufficient cause.
A decree of the trial court is reversed in appeal and the decree-holder has already recovered money under the original decree. The power of the court to place the parties in the position they would have occupied but for the erroneous decree is contained in
aOrder XXI Rule 90
bSection 144 (restitution)
cSection 151 (inherent powers)
dSection 47 (questions in execution)
Answer: B
Section 144 CPC embodies the doctrine of restitution, requiring the court to restore parties to their former position where a decree is varied or reversed.
An application to set aside a sale of immovable property in execution, on the ground of a material irregularity or fraud in publishing or conducting the sale, lies under the Code of Civil Procedure under
aOrder XXI Rule 90
bOrder XXI Rule 89
cOrder XXI Rule 91
dOrder XXI Rule 92
Answer: A
Order XXI Rule 90 CPC permits a person whose interests are affected to apply to set aside the sale on the ground of material irregularity or fraud in publishing or conducting it, provided substantial injury is shown.
Under the Bharatiya Sakshya Adhiniyam, 2023, which provision lays down that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 23
bSection 25
cSection 22
dSection 27
Answer: A
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer, corresponding to the old Section 25 of the Indian Evidence Act.
A, in police custody, points out and gets recovered a knife buried in his field. Under the Bharatiya Sakshya Adhiniyam, 2023, how much of the information given by A is provable?
aOnly so much as relates distinctly to the fact thereby discovered
bThe entire confessional statement
cNothing, as A was in police custody
dOnly the part recorded in the presence of a Magistrate
Answer: A
The proviso to Section 23(2) of the BSA, 2023 (the old Section 27 of the Indian Evidence Act) permits proof of only so much of the information as relates distinctly to the fact thereby discovered.
The provisions relating to a dying declaration — a statement by a person as to the cause of his death or the circumstances of the transaction resulting in his death — are contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 8
bSection 32
cSection 60
dSection 26
Answer: D
Statements by persons who are dead, including dying declarations, are made relevant by Section 26 of the BSA, 2023 (the old Section 32 of the Indian Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy. This rule is contained in:
aSection 116
bSection 120
cSection 112
dSection 111
Answer: A
Section 116 of the BSA, 2023 (the old Section 112 of the Indian Evidence Act) makes birth during marriage conclusive proof of legitimacy, rebuttable only by proof of non-access.
Where a man has not been heard of for seven years by those who would naturally have heard of him had he been alive, under the Bharatiya Sakshya Adhiniyam, 2023 the burden of proving that he is alive lies on:
aThe person who affirms that he is alive
bNo one; the court presumes death conclusively
cThe State
dThe person who affirms that he is dead
Answer: A
Section 111 of the BSA, 2023 (old Section 108 of the Indian Evidence Act) shifts the burden of proving that the person is alive onto whoever affirms it.
A produces the printout of a WhatsApp message as evidence in a criminal trial. Under the Bharatiya Sakshya Adhiniyam, 2023, the certificate required for admissibility of such electronic record is provided under:
aSection 62
bSection 65B
cSection 63
dSection 79A
Answer: C
Section 63 of the BSA, 2023 governs admissibility of electronic records and requires the certificate (Parts A and B, including a hash-value report), replacing Section 65B of the Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that no electronic or digital record shall be denied admissibility merely on the ground that it is in electronic form is contained in:
aSection 39
bSection 61
cSection 57
dSection 2(1)(e)
Answer: B
Section 61 of the BSA, 2023 provides that nothing in the Adhiniyam shall deny admissibility of an electronic or digital record solely on the ground that it is electronic, and gives such records the same legal effect as paper documents.
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction (the doctrine of res gestae) are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 3
bSection 8
cSection 4
dSection 6
Answer: C
Section 4 of the BSA, 2023 (old Section 6 of the Indian Evidence Act) makes facts forming part of the same transaction relevant, codifying the doctrine of res gestae.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is:
aNot a competent witness against an accused
bA competent witness against an accused, and a conviction is not illegal if it proceeds upon his corroborated testimony
cCompetent only if his statement is corroborated in every material particular
dCompetent only if granted pardon by the Magistrate
Answer: B
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Note that the enacted BSA text uses 'corroborated' and thus departs from the old Section 133 of the Indian Evidence Act, which used 'uncorroborated'.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in:
aSection 138
bSection 134
cSection 139
dSection 143
Answer: C
Section 139 of the BSA, 2023 (old Section 134 of the Indian Evidence Act) provides that no particular number of witnesses is required to prove any fact.
Under Section 5 of the Limitation Act, 1963, the court may condone delay on showing sufficient cause in respect of
aonly an appeal preferred to the High Court
bany appeal or application (other than one under Order XXI of the CPC), but not a suit
cany suit, appeal or application
dany suit and appeal but not an application
Answer: B
Section 5 permits condonation of delay only for appeals and applications (excluding applications under any provision of Order XXI CPC); it does not apply to suits, the limitation for which is governed strictly by Section 3.
A files a suit after the prescribed period of limitation has expired. The defendant does not raise the plea of limitation in the written statement. As per Section 3 of the Limitation Act, 1963, the court shall
adecree the suit because limitation has been waived by the defendant
brefer the question of limitation to the High Court
cdecree the suit only if the defendant later consents
ddismiss the suit, although limitation has not been set up as a defence
Answer: D
Section 3 mandates that every suit, appeal or application instituted after the prescribed period shall be dismissed, even though limitation has not been set up as a defence; it is a duty cast on the court.
The period of limitation to enforce payment of money secured by a mortgage or otherwise charged upon immovable property (Article 62 of the Schedule) is
atwelve years
bthirty years
cthree years
dtwenty years
Answer: A
Article 62 of the Schedule prescribes twelve years, computed from the date when the money sued for becomes due; this must be distinguished from the mortgagor's right of redemption under Article 61 (thirty years).
The period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged (Article 61) is
atwelve years from when the right to redeem accrues
bsixty years from the date of mortgage
cthirty years from when the right to redeem or to recover possession accrues
dtwelve years from the date of mortgage
Answer: C
Article 61 of the Schedule fixes thirty years for redemption, reckoned from when the right to redeem or to recover possession accrues, reflecting the protective treatment of the equity of redemption.
a. Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. b. Where the right to acquire any easement of light or air to a building has been peaceably enjoyed for twenty years over private property, the right becomes absolute and indefeasible. Choose the correct option.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are correct
dBoth are incorrect
Answer: C
Statement (a) restates Section 9, and statement (b) restates Section 25(1) (twenty years for private property; thirty years where the property belongs to the Government); both are correct.
Under Section 25 of the Limitation Act, 1963, the right to an easement of way or watercourse becomes absolute where the property over which it is claimed belongs to the Government, after peaceable enjoyment as an easement for
atwenty years
bthirty years
csixty years
dtwelve years
Answer: B
While twenty years' enjoyment suffices against private property, the period is extended to thirty years where the servient property belongs to the Government, under the proviso to Section 25(3).
A defendant fraudulently concealed from the plaintiff the very document on which the plaintiff's right to sue was founded. Under Section 17 of the Limitation Act, 1963, the period of limitation
ais permanently extinguished and the suit can never be filed
bdoes not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
cruns from the date of the original cause of action regardless of the fraud
dbegins to run from the date of registration of the document only
Answer: B
Section 17(1) postpones the commencement of limitation in cases of fraud, mistake or concealment until the plaintiff discovers the fraud or mistake, or could with reasonable diligence have discovered it.
For an acknowledgment of liability to give a fresh period of limitation under Section 18 of the Limitation Act, 1963, it must be
aregistered and attested by two witnesses
baccompanied by part-payment of the debt in every case
cin writing, signed by the party against whom the right is claimed, and made before the expiration of the prescribed period
doral, and made after the prescribed period has expired
Answer: C
Section 18 requires the acknowledgment of liability to be in writing, signed by the party (or his agent), and made before the expiry of the prescribed period; a fresh period then runs from the date of acknowledgment.
An application under the Code of Civil Procedure to bring on record the legal representatives of a deceased plaintiff or defendant (Article 120 of the Schedule) must be made within
asixty days from the date of knowledge of the death
bthirty days from the date of abatement
csixty days from the date of the death
dninety days from the date of the death
Answer: D
Article 120 prescribes ninety days, reckoned from the date of death of the party; if no application is made, the suit abates and a separate sixty-day period under Article 121 applies to set aside the abatement.
The words "SOCIALIST", "SECULAR" and "and integrity" were inserted into the Preamble of the Constitution of India by which amendment?
aThe Constitution (40th Amendment) Act, 1976
bThe Constitution (24th Amendment) Act, 1971
cThe Constitution (44th Amendment) Act, 1978
dThe Constitution (42nd Amendment) Act, 1976
Answer: D
The 42nd Amendment Act, 1976 changed the Preamble to describe India as a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" and substituted "unity and integrity of the Nation" for "unity of the Nation".
Fundamental Duties were incorporated in the Constitution of India as Part IVA, Article 51A, by:
aThe Constitution (44th Amendment) Act, 1978
bThe Constitution (42nd Amendment) Act, 1976
cThe Constitution (86th Amendment) Act, 2002
dThe Constitution (43rd Amendment) Act, 1977
Answer: B
The 42nd Amendment Act, 1976 inserted Part IVA (Article 51A) enumerating the Fundamental Duties of citizens, on the recommendation of the Swaran Singh Committee.
The basic structure doctrine, which holds that Parliament's power under Article 368 does not extend to altering the basic structure of the Constitution, was propounded in:
aGolak Nath v. State of Punjab
bShankari Prasad v. Union of India
cMinerva Mills Ltd. v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
In Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, the Supreme Court (7:6) held that Parliament can amend any part of the Constitution but cannot alter or destroy its basic structure.
Article 21A of the Constitution, making the right to free and compulsory education a fundamental right for children of a certain age group, was inserted by the 86th Amendment Act, 2002. The age group covered is:
aFive to fourteen years
bSix to fourteen years
cBirth to fourteen years
dSix to sixteen years
Answer: B
Article 21A, inserted by the Constitution (86th Amendment) Act, 2002, obliges the State to provide free and compulsory education to all children of the age of six to fourteen years.
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the "procedure established by law" under Article 21 must be:
aMerely a procedure prescribed by a competent legislature
bIdentical to the American concept of substantive due process
cFair, just and reasonable, and not arbitrary or oppressive
dSubject only to the doctrine of pith and substance
Answer: C
Maneka Gandhi v. Union of India read Articles 14, 19 and 21 together and held that any procedure under Article 21 must be fair, just and reasonable, importing the requirement of reasonableness into "procedure established by law".
Match the following writs with their literal meaning:
a. Mandamus
b. Quo Warranto
c. Certiorari
d. Habeas Corpus
I. "By what authority"
II. "We command"
III. "You may have the body"
IV. "To be certified"
Answer Options: a b c d
aI II III IV
bII IV I III
cII I IV III
dIII II I IV
Answer: C
Mandamus means "we command", Quo Warranto means "by what authority", Certiorari means "to be certified", and Habeas Corpus means "you may have the body".
Dr. B.R. Ambedkar described which provision as the "heart and soul" of the Constitution, being the right to constitutional remedies for enforcement of Fundamental Rights before the Supreme Court?
aArticle 32
bArticle 226
cArticle 21
dArticle 14
Answer: A
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights and was famously called the "heart and soul" of the Constitution by Dr. Ambedkar; it is itself a Fundamental Right.
The directive that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India is contained in:
aArticle 48 of the Constitution
bArticle 44 of the Constitution
cArticle 51A of the Constitution
dArticle 25 of the Constitution
Answer: B
Article 44, a Directive Principle of State Policy in Part IV, directs the State to endeavour to secure a Uniform Civil Code for citizens throughout India; being a directive principle, it is non-justiciable.
A person aggrieved by violation of a Fundamental Right as well as an ordinary legal right wishes to invoke writ jurisdiction. The wider power to issue writs "for any other purpose", and not merely for enforcement of Fundamental Rights, is conferred on:
aThe Supreme Court under Article 32
bThe High Court under Article 226
cBoth the Supreme Court and the High Court equally
dThe District Court under Article 227
Answer: B
Article 226 empowers a High Court to issue writs for enforcement of Fundamental Rights and "for any other purpose", giving it a wider scope than Article 32, which is confined to enforcement of Fundamental Rights.
Match the following Fundamental Rights with their Articles:
a. Abolition of untouchability
b. Prohibition of traffic in human beings and forced labour
c. Prohibition of employment of children in factories
d. Freedom of conscience and free profession of religion
I. Article 23
II. Article 17
III. Article 25
IV. Article 24
Answer Options: a b c d
aIII II IV I
bII I IV III
cI II III IV
dII III I IV
Answer: B
Article 17 abolishes untouchability; Article 23 prohibits traffic in human beings and forced labour; Article 24 prohibits child labour in factories; Article 25 guarantees freedom of conscience and religion.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "snatching" — where a person, in order to commit theft, suddenly or quickly or forcibly seizes or grabs movable property from another or from his possession — is dealt with under which section?
aSection 303
bSection 309
cSection 308
dSection 304
Answer: D
Snatching is a newly carved-out offence under Section 304 of the BNS, 2023; theft amounts to snatching when committed in a sudden, quick or forcible manner. Section 303 deals with theft generally.
A, intending to kill Z, fires at a figure he believes to be Z, but it is in fact Y, who is thereby killed. As per the Bharatiya Nyaya Sanhita, 2023, A is guilty of:
aCulpable homicide / murder of Y by transfer of malice
bAttempt to commit murder of Z only
cCausing death by negligence
dNo offence, as he did not intend to kill Y
Answer: A
Under Section 100 of the BNS (read with the doctrine of transferred malice), where a person causing death intended or knew his act likely to cause the death of one person but causes the death of another, it is still culpable homicide (and murder if the conditions of Section 101 are satisfied).
Where the death of a woman is caused by burns or bodily injury, or occurs otherwise than under normal circumstances, within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment in connection with a demand for dowry, the offence of "dowry death" under the Bharatiya Nyaya Sanhita, 2023, falls under:
aSection 86
bSection 80
cSection 78
dSection 85
Answer: B
Section 80 of the BNS, 2023 defines and punishes dowry death (corresponding to Section 304B IPC), with a minimum sentence of seven years which may extend to imprisonment for life.
A child aged six years takes away a gold ring from a shop counter. As per the Bharatiya Nyaya Sanhita, 2023, what is the correct position?
aIt is an offence only if the child had sufficient maturity of understanding
bIt is an offence, as theft requires no minimum age
cThe child is liable, but only the guardian can be punished
dNothing is an offence which is done by a child under seven years of age
Answer: D
Under Section 20 of the BNS, 2023, nothing is an offence which is done by a child under seven years of age (doli incapax). The maturity-of-understanding test under Section 21 applies only to children above seven and under twelve.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an "unlawful assembly" only if it consists of at least how many persons sharing a common object specified in the section?
aTwo persons
bSeven persons
cFive persons
dThree persons
Answer: C
Section 189 of the BNS, 2023 retains the requirement of five or more persons with a common object of the kind enumerated in the section for an assembly to be unlawful.
A shakes his fist at Z, intending to cause Z to apprehend that A is about to strike him. Under the Bharatiya Nyaya Sanhita, 2023, A has committed:
aCriminal force under Section 129
bAffray
cCriminal intimidation
dAssault under Section 130
Answer: D
A gesture or preparation made with intent or knowledge that it will cause another to apprehend the use of criminal force constitutes assault under Section 130 of the BNS, 2023. Mere gesture without contact is assault, not criminal force.
Consider the following statements under the Bharatiya Nyaya Sanhita, 2023: a. Theft becomes robbery when, in committing the theft, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear thereof. b. Extortion does not require the property to be actually delivered. Choose the correct option.
aBoth are incorrect
ba is incorrect and b is correct
cBoth are correct
da is correct and b is incorrect
Answer: D
Statement (a) correctly states the robbery (Section 309 BNS) test. Statement (b) is incorrect: extortion under Section 308 BNS requires that the person put in fear be thereby dishonestly induced to deliver property; delivery is an essential ingredient.
A, a goldsmith, is entrusted with gold by Z to make ornaments. A dishonestly sells the gold and pockets the money. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of:
aCheating under Section 318
bCriminal breach of trust under Section 316
cTheft under Section 303
dExtortion under Section 308
Answer: B
Where property is lawfully entrusted and the accused dishonestly misappropriates or converts it to his own use, the offence is criminal breach of trust under Section 316 of the BNS, 2023. Cheating requires deception at the inception inducing delivery.
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member is punishable under which provision?
aSection 103(2)
bSection 117(4)
cSection 103(1)
dSection 111
Answer: A
Section 103(2) of the BNS, 2023 is the new "mob lynching" provision: each member of a group of five or more who commits such murder is liable to death, or imprisonment for life, or imprisonment for not less than seven years and fine.
The offence of "organised crime" — a continuing unlawful activity by a crime syndicate using violence, threat, intimidation or coercion to gain unlawful advantage — has been introduced for the first time in the Bharatiya Nyaya Sanhita, 2023, under:
aSection 112
bSection 113
cSection 111
dSection 109
Answer: C
Section 111 of the BNS, 2023 newly defines and punishes organised crime. Section 112 deals with petty organised crime and Section 113 with terrorist acts.
Under Section 11 of the Maharashtra Rent Control Act, 1999, a landlord is entitled to make an annual increase in the rent of premises let for the purposes referred to in sub-section (1) of Section 11, at the rate of :
aFour per cent per annum
bTen per cent per annum
cFive per cent per annum
dTwo per cent per annum
Answer: A
Section 11(1) of the Maharashtra Rent Control Act, 1999 entitles the landlord to increase the rent by four per cent per annum of the rent payable for the relevant purposes.
Every appeal under sub-section (1) of Section 34 of the Maharashtra Rent Control Act, 1999 shall be made within :
aNinety days from the date of the decree or order
bThirty days from the date of the decree or order
cFifteen days from the date of the decree or order
dSixty days from the date of the decree or order
Answer: B
Section 34 provides that every appeal shall be made within thirty days from the date of the decree or order (subject to condonation of delay on sufficient cause).
Under Section 15 of the Maharashtra Rent Control Act, 1999, a landlord cannot institute a suit for recovery of possession on the ground of non-payment of standard rent or permitted increases until the expiration of :
aSixty days next after notice in writing of the demand
bThirty days next after notice in writing of the demand
cOne hundred twenty days next after notice in writing of the demand
dNinety days next after notice in writing of the demand
Answer: D
Section 15(2) bars a suit for possession for arrears until the expiry of ninety days next after a written notice of demand of the standard rent or permitted increases is served on the tenant.
Consider the following statements regarding the application of the Maharashtra Rent Control Act, 1999 :
Statement (I) : The Act applies to any premises let to a bank.
Statement (II) : The Act applies to any premises let to a public limited company having a paid-up share capital of rupees one crore or more.
aStatement (I) is correct, (II) is incorrect
bStatement (II) is correct, (I) is incorrect
cBoth statements are correct
dBoth statements are incorrect
Answer: D
Section 3(1)(b) expressly excludes premises let to banks and to public/private limited companies having a paid-up share capital of rupees one crore or more from the Act; hence both statements are incorrect.
Under Section 55 of the Maharashtra Rent Control Act, 1999, where a tenancy or leave and licence agreement is required to be registered, the responsibility of getting such agreement registered lies on :
aThe landlord and the tenant jointly and equally
bThe tenant or the licensee
cThe Sub-Registrar suo motu
dThe landlord
Answer: D
Section 55 requires every agreement of tenancy or leave and licence to be in writing and registered, and casts the responsibility of getting it registered on the landlord.
Under Section 55 of the Maharashtra Rent Control Act, 1999, in the absence of a written registered agreement, whose contention as to the terms and conditions on which the premises were given shall prevail, unless proved otherwise ?
aThe contention of the landlord
bThe contention of the Rent Authority
cThe contention of the tenant or licensee
dNeither party's contention shall be considered
Answer: C
Section 55(2) provides that in the absence of a registered written agreement the contention of the tenant/licensee about the terms on which the premises were given shall prevail, unless proved otherwise.
Under Section 16(1) of the Maharashtra Rent Control Act, 1999, a landlord may recover possession of premises on the ground that the tenant has, without the landlord's written consent, on the premises :
aFixed a door
bProvided a standing cooking platform in the kitchen
cPut up a false ceiling
dErected a permanent structure
Answer: D
Section 16(1)(b) permits recovery of possession where the tenant has, without the landlord's written consent, erected a permanent structure on the premises; minor fixtures such as a door, cooking platform or false ceiling are not permanent structures.
Where a tenant, in a suit for recovery of possession on the ground of arrears, pays or tenders in court the standard rent and permitted increases then due together with simple interest, no decree for eviction on that ground shall be passed if the payment is made within :
aFifteen days from the date of service of the summons of the suit
bSixty days from the date of service of the summons of the suit
cNinety days from the date of service of the summons of the suit
dThirty days from the date of service of the summons of the suit
Answer: C
Section 15(3) protects the tenant from an eviction decree for arrears if, within ninety days of service of summons, he pays or tenders the standard rent and permitted increases then due with simple interest at fifteen per cent per annum.
Under the Maharashtra Rent Control Act, 1999, where a tenant dies, the expression "tenant" includes, in the case of residential premises, any member of the tenant's family who :
aIs nominated by the landlord
bHas applied to the Rent Authority within thirty days of death
cWas residing with the tenant at the time of his death
dIs the eldest surviving male heir, irrespective of residence
Answer: C
Under Section 7(15)(d), on the death of a tenant of residential premises, "tenant" includes a member of the family residing with the tenant at the time of his death; only in the absence of such a member does the question of heirs arise.
Consider the following statements as to the consequences of non-registration of a tenancy agreement under the Maharashtra Rent Control Act, 1999 :
Statement (I) : Contravention of the registration requirement under Section 55 is punishable.
Statement (II) : The Act has wholly abolished the criminal offence of receiving any premium or pugree.
aStatement (II) is correct, (I) is incorrect
bBoth statements are correct
cStatement (I) is correct, (II) is incorrect
dBoth statements are incorrect
Answer: C
Contravention of Section 55 attracts punishment (imprisonment up to three months or fine up to Rs. 5,000 or both); however, Section 56 legalises receipt of premium/pugree only in specified circumstances and does not wholly abolish the related offences, so Statement (II) is incorrect.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, the total period for which a Magistrate may authorise detention of the accused otherwise than in the custody of the police is :
aOne hundred and eighty days
bNinety days
cSixty-five days
dSixty days
Answer: B
Section 187(3) BNSS permits detention up to ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences; on expiry the accused is entitled to default bail.
The provision for registration of a 'Zero FIR' — that information relating to a cognizable offence may be recorded irrespective of the area where the offence is committed — is contained in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 200
bSection 154
cSection 41
dSection 173(1)
Answer: D
Section 173(1) BNSS allows information about a cognizable offence to be given to an officer in charge of any police station irrespective of jurisdiction (Zero FIR), orally or by electronic communication.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, a police officer may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry. Such enquiry must be completed within :
aTwenty-one days
bSeven days
cFourteen days
dThirty days
Answer: C
Section 173(3) BNSS permits a preliminary enquiry to ascertain a prima facie case for such offences, to be completed within fourteen days.
Consider the following statements regarding Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Statement (I) : The process of search and seizure, including the preparation of the list of seized articles, shall be recorded through audio-video electronic means. Statement (II) : Such recording need not be forwarded to any Magistrate.
aStatement (II) is correct, (I) is incorrect
bBoth statements are incorrect
cBoth statements are correct
dStatement (I) is correct, (II) is incorrect
Answer: D
Section 105 BNSS mandates audio-video recording of search and seizure and requires the recording to be forwarded without delay to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class; hence Statement II is incorrect.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, for which class of offences is the visit of a forensic expert to the scene of crime and videography of the process made mandatory under Section 176(3) ?
aAll cognizable offences
bOffences punishable with imprisonment for three years or more
cOffences punishable with imprisonment for five years or more
dOffences punishable with imprisonment for seven years or more
Answer: D
Section 176(3) BNSS mandates collection of forensic evidence by an expert at the crime scene, with videography, for offences punishable with imprisonment of seven years or more.
A first-time offender who has never been convicted of any offence in the past, and who has undergone detention as an undertrial for a period extending up to one-third of the maximum period of imprisonment specified for the offence, is entitled to be released on bond under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 167
bSection 479
cSection 437
dSection 436
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond after detention up to one-third of the maximum sentence; the main provision applies a one-half threshold for others.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court may proceed with the inquiry, trial or judgment in absentia of a proclaimed offender who has absconded, but the trial shall not commence unless a period has lapsed from the date of framing of the charge of :
aNinety days
bOne hundred and eighty days
cSixty days
dThirty days
Answer: A
The proviso to Section 356 BNSS bars commencement of a trial in absentia unless ninety days have lapsed from the date of framing of the charge.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition before the President or the Governor within a period from the date the Superintendent of jail informs him of the dismissal of his appeal or special leave petition, of :
aThirty days
bSixty days
cFifteen days
dSeven days
Answer: A
Section 472(1) BNSS, a new provision, prescribes a thirty-day period for filing a mercy petition under Article 72 or Article 161 of the Constitution after the prescribed intimation by the jail Superintendent.
Under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, copies of the police report and other prescribed documents are required to be furnished to the accused and the victim, free of cost, within :
aSeven days from the date of appearance or production of the accused
bTwenty-one days from the date of appearance or production of the accused
cFourteen days from the date of appearance or production of the accused
dThirty days from the date of appearance or production of the accused
Answer: C
Section 230 BNSS requires the Magistrate to supply copies of the police report and accompanying documents to both the accused and the victim within fourteen days of appearance or production of the accused.
Cognizance of an offence by a Magistrate of the first class, upon receiving a complaint, upon a police report, or upon information received from any person other than a police officer, is dealt with under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 223
bSection 210
cSection 200
dSection 190
Answer: B
Section 210 BNSS (corresponding to Section 190 of the old Code) sets out the three modes by which a Magistrate may take cognizance of an offence.
A is dispossessed of his immovable property by B otherwise than in due course of law. A files a suit under Section 6 of the Specific Relief Act. Choose the correct option. a. The suit must be filed within six months from the date of dispossession. b. No appeal or review lies from a decree passed in such a suit.
aBoth are incorrect
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are correct
Answer: D
Under Section 6(2) of the Specific Relief Act, no suit can be brought after six months from dispossession or against the Government, and Section 6(3) bars any appeal or review from such a decree.
In a suit under Section 6 of the Specific Relief Act for recovery of possession on the ground of dispossession, the plaintiff need NOT prove
athat he was in possession of the immovable property
bthat he was dispossessed without his consent otherwise than in due course of law
cthat the suit is filed within six months of dispossession
dhis title to the suit property
Answer: D
A suit under Section 6 is a possessory remedy decided solely on prior possession and illegal dispossession; the plaintiff's title is irrelevant and cannot be gone into, a separate suit on title being preserved by Section 6(4).
After the Specific Relief (Amendment) Act, 2018, the relief of specific performance of a contract under Section 10 is
ato be enforced by the court subject only to Sections 11(2), 14 and 16
bpurely discretionary with the court even where the contract is valid
cavailable only where monetary compensation is inadequate
dbarred in respect of contracts relating to immovable property
Answer: A
The substituted Section 10 makes specific performance enforceable by the court subject to the provisions of Sections 11(2), 14 and 16, removing the earlier discretionary 'adequacy of damages' test.
Which of the following contracts CANNOT be specifically enforced under Section 14 of the Specific Relief Act as substituted by the 2018 Amendment? a. A contract for which the aggrieved party has obtained substituted performance under Section 20 b. A contract involving the performance of a continuous duty which the court cannot supervise c. A contract which is in its nature determinable d. A contract so dependent on the personal qualifications of the parties that the court cannot enforce its material terms
aa and b only
bAll of the above
ca, b and c only
db, c and d only
Answer: B
The substituted Section 14 lists all four categories as contracts that cannot be specifically enforced, including the newly added bar where substituted performance under Section 20 has been obtained.
Section 14A, inserted by the Specific Relief (Amendment) Act, 2018, empowers the court in any suit under the Act to
atransfer the suit to a commercial court
bengage one or more experts to assist it on any specific issue and direct them to report
cappoint a receiver over the suit property
drefer the dispute compulsorily to arbitration
Answer: B
Section 14A allows the court to engage one or more experts to report on a specific issue, secure their attendance for evidence and production of documents, with their opinion forming part of the record.
After the 2018 Amendment to Section 16(c) of the Specific Relief Act, a plaintiff seeking specific performance
amust both aver and prove readiness and willingness to perform his part of the contract
bmust prove readiness but willingness is presumed
cneed neither aver nor prove readiness and willingness
dmust prove readiness and willingness, the requirement to 'aver' having been omitted
Answer: D
The 2018 Amendment substituted 'who fails to aver and prove' with 'who fails to prove' in Section 16(c); the plaintiff must still prove readiness and willingness though the strict pleading requirement is relaxed.
Regarding Section 16(c) of the Specific Relief Act, choose the correct statement. a. 'Readiness' refers to the financial capacity of the plaintiff to perform the contract. b. 'Willingness' refers to the conduct of the plaintiff warranting performance, and is distinct from readiness.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: A
Courts have consistently held that 'readiness' denotes the plaintiff's capacity (financial ability) to perform, while 'willingness' denotes his conduct and intention; the two are distinct and one does not imply the other.
Under Section 20 of the Specific Relief Act as substituted in 2018, where a contract is broken, the substituted performance by the aggrieved party can be undertaken only after he gives the defaulting party a written notice of not less than
asixty days
bninety days
cfifteen days
dthirty days
Answer: D
Section 20(2) requires the aggrieved party to give not less than thirty days' written notice calling upon the defaulting party to perform before arranging substituted performance through a third party or his own agency and recovering the costs.
B, having obtained substituted performance of a broken contract under Section 20 of the Specific Relief Act through a third party, now wishes to proceed against the defaulting party A. Choose the correct option.
aB is entitled to recover from A the costs and expenses actually incurred in the substituted performance
bB can only claim nominal damages
cB forfeits all remedies once substituted performance is obtained
dB can still claim specific performance of the same contract against A
Answer: A
Section 20 allows the aggrieved party who has obtained substituted performance to recover from the defaulting party the costs and expenses actually incurred; but having done so he cannot then claim specific performance of that very contract (Section 14).
Section 20A of the Specific Relief Act, inserted in 2018, provides that no injunction shall be granted by a court in a suit involving a contract relating to
aan infrastructure project specified in the Schedule, where it would cause impediment or delay in its progress or completion
bany commercial dispute of specified value
csale of agricultural land
dany contract with the Government
Answer: A
Section 20A bars the grant of injunction in suits involving contracts relating to infrastructure projects specified in the Schedule where it would cause impediment or delay in the progress or completion of the project.
A executes a registered written instrument in favour of his brother B, promising to pay B Rupees 2,00,000 out of natural love and affection, but without any consideration moving from B. Choose the correct option as to its enforceability under the Indian Contract Act, 1872.
aIt is valid and enforceable as a recognised exception under Section 25.
bIt is a wagering agreement and hence void.
cIt is voidable at the option of A.
dIt is void for want of consideration.
Answer: A
Under the first exception to Section 25 of the Indian Contract Act, 1872, an agreement made without consideration is valid if it is in writing, registered, made on account of natural love and affection, and between parties standing in a near relation. Brothers stand in a near relation, so the promise is enforceable.
a. An agreement enforceable by law is a contract, but every agreement is not a contract. b. A proposal, when accepted, becomes a promise. Choose the correct option in respect of the above statements under the Indian Contract Act, 1872.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: A
Section 2(h) defines a contract as an agreement enforceable by law, so only those agreements that the law enforces become contracts. Section 2(b) provides that a proposal, when accepted, becomes a promise. Both statements are therefore correct.
A, a tradesman, by mistake leaves a parcel of goods at B's house. B, knowing the goods are not a gift, treats them as his own and consumes them. B refuses to pay, contending there was no contract between them. Choose the correct option under the Indian Contract Act, 1872.
aB is bound to make compensation to A under Section 70.
bA can recover only by proving B's fraudulent intention.
cB is liable only if he had expressly promised to pay.
dB is not bound to pay as there was no agreement.
Answer: A
Section 70 of the Indian Contract Act, 1872 provides that where a person lawfully does or delivers anything to another not intending to do so gratuitously, and that other enjoys the benefit, the latter must compensate or restore it. B, having enjoyed the benefit of non-gratuitous delivery, is bound to pay A.
a. To create a contract of agency, consideration is necessary. b. The authority of an agent may be express or implied. Choose the correct option under the Indian Contract Act, 1872.
aa is incorrect and b is correct
ba is correct and b is incorrect
cBoth are correct
dBoth are incorrect
Answer: A
Section 185 expressly provides that no consideration is necessary to create an agency, so statement (a) is incorrect. Section 186 provides that the authority of an agent may be express or implied, so statement (b) is correct.
Which of the following correctly describes a 'continuing guarantee' under the Indian Contract Act, 1872?
aA guarantee which continues even after the death of the surety in all cases.
bA guarantee whose liability is always greater than that of the principal debtor.
cA guarantee which extends to a single transaction only.
dA guarantee which extends to a series of transactions.
Answer: D
Section 129 of the Indian Contract Act, 1872 defines a continuing guarantee as a guarantee which extends to a series of transactions, as distinguished from a guarantee for a single specific transaction.
Under the Sale of Goods Act, 1930, where, under a contract of sale, the transfer of property in the goods is to take place at a future time or subject to a condition thereafter to be fulfilled, the contract is called:
aa hire-purchase
ba sale
can agreement to sell
da bailment
Answer: C
Section 4 of the Sale of Goods Act, 1930 provides that where the property in the goods is transferred at once it is a 'sale', but where the transfer is to take place at a future time or subject to a condition thereafter to be fulfilled, it is an 'agreement to sell'.
a. A condition is a stipulation essential to the main purpose of the contract of sale, the breach of which gives a right to treat the contract as repudiated. b. A warranty is a stipulation collateral to the main purpose, the breach of which gives a right to reject the goods. Choose the correct option under the Sale of Goods Act, 1930.
aa is incorrect and b is correct
ba is correct and b is incorrect
cBoth are correct
dBoth are incorrect
Answer: B
Under Section 12, a condition is essential to the main purpose and its breach permits repudiation, so (a) is correct. A warranty is collateral and its breach gives only a claim for damages, not a right to reject the goods, so (b) is incorrect.
B buys an article from a shop under its patent trade name without making known to the seller any particular purpose. The article later proves unsuitable for B's intended unusual use. Which doctrine governs B's claim under the Sale of Goods Act, 1930?
aNemo dat quod non habet, so the sale is void.
bCaveat venditor, so the seller is liable.
cRes ipsa loquitur, so fitness is presumed.
dCaveat emptor, so there is ordinarily no implied condition of fitness.
Answer: D
Section 16 embodies caveat emptor: there is no implied condition or warranty as to fitness for a particular purpose, except where the buyer makes the purpose known so as to rely on the seller's skill. For a sale under a patent or trade name, Section 16(1) proviso negates the implied condition of fitness.
X, who is not the owner of certain goods and who sells them without the owner's authority or consent, purports to sell them to Y, an innocent buyer. As a general rule under the Sale of Goods Act, 1930:
aY acquires title only after registering the sale.
bY acquires no better title to the goods than X had.
cthe sale is automatically void for all purposes.
dY acquires a good title because he bought in good faith.
Answer: B
Section 27 enacts the rule nemo dat quod non habet: where goods are sold by a person who is not the owner and sells without authority or consent of the owner, the buyer acquires no better title than the seller had, subject to the statutory exceptions.
Under the Sale of Goods Act, 1930, a seller of goods is deemed to be an 'unpaid seller' when:
aBoth (a) and (b)
ba negotiable instrument received as conditional payment has been dishonoured.
cthe buyer has merely delayed taking delivery though price is paid.
dthe whole of the price has not been paid or tendered.
Answer: A
Section 45 provides that the seller is an 'unpaid seller' when the whole of the price has not been paid or tendered, or when a bill of exchange or other negotiable instrument received as conditional payment has been dishonoured. Both situations are covered.
A, who has no present interest in a house but expects to inherit it from his father B (who is still alive), executes a deed transferring that house to C for consideration. Under the Transfer of Property Act, the transfer is
avalid, as A is the natural heir of B
bvoidable at the option of B
cvoid, being a transfer of the mere chance of an heir-apparent (spes successionis)
dvalid only if B consents in writing
Answer: C
Section 6(a) TPA expressly bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a transfer is void ab initio.
A, falsely representing that he is authorised to sell a plot, sells it to B for consideration. At the time A had no title, but two years later A inherits that very plot while the contract still subsists. As per the Transfer of Property Act, B
amay, at his option, claim the interest A subsequently acquired (feeding the grant by estoppel)
bcan only sue A for refund of consideration
cgets nothing, as A had no title at the date of sale
dmust obtain a fresh sale deed from A's heirs
Answer: A
Section 43 TPA embodies the rule of feeding the grant by estoppel: where a transferor erroneously represents authority and later acquires the interest, the transfer operates, at the transferee's option, on that subsequently-acquired interest while the contract subsists.
After the Transfer of Property (Amendment) Act, 2002, in the absence of a contract or local usage to the contrary, a lease of immovable property for manufacturing purposes is deemed to be
aa lease from month to month, terminable by 15 days' notice
ba lease for a fixed term of one year, not terminable by notice
ca lease from year to year, terminable by six months' notice
da lease at will, terminable without any notice
Answer: C
Under Section 106 TPA, a lease for agricultural or manufacturing purposes is deemed year to year, terminable by six months' notice; a lease for any other purpose is month to month, terminable by fifteen days' notice.
Following the 2002 amendment to Section 106 of the Transfer of Property Act, the period of notice to terminate a lease is to be computed
afrom the first day of the month of tenancy
bfrom the date the notice is issued by the lessor
cfrom the date the suit for eviction is filed
dfrom the date of receipt of the notice
Answer: D
Section 106(2) TPA, as amended in 2002, provides that the notice period shall commence from the date of receipt of the notice, and a notice is not invalid merely because the stated period falls short, if the suit is filed after expiry of the statutory period.
A mortgagor delivers possession of the mortgaged property to the mortgagee, authorising him to retain possession until repayment and to appropriate the rents and profits in lieu of interest, with no personal covenant to pay. This mortgage is a
ausufructuary mortgage
bmortgage by conditional sale
csimple mortgage
dEnglish mortgage
Answer: A
Under Section 58(d) TPA, a usufructuary mortgage is where the mortgagee is put in possession and authorised to retain it and to receive rents and profits in lieu of interest or principal, with no personal liability of the mortgagor.
Under Section 58 of the Transfer of Property Act, a mortgage which does not fall under any of the categories of simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage or mortgage by deposit of title-deeds is called
aan anomalous mortgage
ba sub-mortgage
can equitable mortgage
da puisne mortgage
Answer: A
Section 58(g) TPA defines an anomalous mortgage as one which is not a simple, conditional sale, usufructuary, English, or deposit-of-title-deeds mortgage.
By a single instrument A gives his own farm worth Rs. 5 lakh to B, and by the same instrument purports to transfer to C a house belonging to B. B must either confirm both dispositions or reject the benefit conferred on him. This rule is known as the doctrine of
apart performance
bmarshalling
csubrogation
delection
Answer: D
Section 35 TPA embodies the doctrine of election: a person who takes a benefit under an instrument must also bear the burden under it, and cannot approbate and reprobate the same transaction.
B, a purchaser under a written but unregistered agreement to sell immovable property, has taken possession in part performance and is willing to perform his part of the contract. The transferor sues to evict him. Under Section 53A of the Transfer of Property Act, B may
aclaim ownership of the property by adverse possession
bcompel the transferor to execute a registered sale deed
cseek a decree for specific performance even without readiness to perform
ddefend his possession against the transferor and persons claiming under him
Answer: D
Section 53A TPA is a shield, not a sword: a transferee in part performance who is willing to perform may protect his possession against the transferor, but the section confers no right to compel conveyance or claim title.
During the pendency of a suit in which the right to immovable property is directly and specifically in question, a party transfers that property to a stranger. Under the Transfer of Property Act, the transfer
arequires the prior leave of the court, failing which it is a nullity
bis valid but the transferee takes subject to the decree in the pending suit
cis voidable at the option of the opposite party
dis void as against the whole world
Answer: B
Section 52 TPA enacts the doctrine of lis pendens: a transfer pendente lite is not void but binds the transferee to the result of the litigation, the transfer being subject to the decree the court may pass.
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