Maharashtra Judiciary Mock Test 2 — Questions & Solutions
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a. Amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure may be allowed at any stage of the proceedings to determine the real questions in controversy. b. After the commencement of trial, no application for amendment shall be allowed unless the court concludes that the matter could not have been raised before trial despite due diligence. Choose the correct option.
aBoth are correct
ba is incorrect and b is correct
cBoth are incorrect
da is correct and b is incorrect
Answer: A
Order VI Rule 17 permits amendment at any stage to decide the real controversy, but its proviso bars post-trial-commencement amendment unless due diligence is shown. Both statements are correct.
A holds a money decree against B passed by the Court at Pune. B's immovable property lies within the jurisdiction of the Court at Nagpur. The decree-holder apprehends delay in transferring the decree and seeks an interim attachment of that property. The direction issued by the Pune Court to the Nagpur Court to attach such property is known under the Code of Civil Procedure as a
aprecept
bcommission
cletter of request
dgarnishee order
Answer: A
Under Section 46 CPC, a 'precept' is a direction by the court which passed the decree to another court to attach property of the judgment-debtor pending transfer of the decree for execution.
Under Order I Rule 10 of the Code of Civil Procedure, a person whose presence before the court is necessary in order to enable the court to effectually and completely adjudicate upon and settle all the questions involved in the suit is
aa third party not bound by the decree
ba necessary party
ca pro forma defendant
da proper party only
Answer: B
A necessary party is one in whose absence no effective decree can be passed and whose presence is essential for a complete adjudication, distinguishing it from a merely proper party.
In execution of a decree for the payment of money passed against W, a woman, the decree-holder applies for her arrest and detention in civil prison. As per Section 56 of the Code of Civil Procedure, the court
ashall not order her arrest or detention in the civil prison
bmay order her arrest if she wilfully neglects to pay
cmay order her detention for a maximum of three months
dmay order her arrest only with the prior sanction of the District Judge
Answer: A
Section 56 CPC contains an absolute bar: the court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
A files a suit against B for declaration of title and possession of a house at Pune. During its pendency, B institutes a separate suit against A in respect of the same property claiming ownership on the same set of facts. As per the Code of Civil Procedure, the court in the subsequently instituted suit shall
adismiss the later suit as not maintainable.
bconsolidate both suits and proceed simultaneously.
cstay the trial of the later suit as the matter is directly and substantially in issue in the previously instituted suit.
dreturn the plaint in the later suit for presentation to the proper court.
Answer: C
Section 10 CPC (res sub judice) bars the trial, not the institution, of a subsequent suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties; the later suit is stayed, not dismissed.
a. The principle of res judicata under Section 11 of the Code of Civil Procedure applies only when the former suit was decided by a court of competent jurisdiction. b. A matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue therein. Choose the correct option.
aBoth are incorrect
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are correct
Answer: D
Section 11 requires the former suit to be decided by a court competent to try the subsequent suit; Explanation IV embodies constructive res judicata, deeming a matter that might and ought to have been raised as a ground of attack or defence to have been in issue.
A decree is passed against B by a Civil Judge Junior Division at Nagpur with the express written consent of both parties recorded in the compromise. B later seeks to appeal against this decree. As per the Code of Civil Procedure,
aan appeal lies only with leave of the appellate court.
ban appeal lies as of right against every decree.
conly a revision lies, not an appeal.
dno appeal lies from a decree passed by the court with the consent of parties.
Answer: D
Section 96(3) CPC bars an appeal from a decree passed by the court with the consent of parties, as such a decree rests on the agreement of the parties.
In a suit of a nature cognizable by a Court of Small Causes, the value of the subject-matter of the original suit is Rupees 8,000. The aggrieved party wishes to file a first appeal against the decree. Under the Code of Civil Procedure,
aan appeal lies on both questions of fact and law.
bno appeal lies at all in such a suit.
cno appeal lies except on a question of law.
dan appeal lies only with the leave of the High Court.
Answer: C
Section 96(4) CPC bars an appeal, except on a question of law, from a decree in a suit of a nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed Rupees ten thousand.
A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court
aonly if the High Court is satisfied that the case involves a substantial question of law.
bas of right from every appellate decree without any condition.
conly where the value of the suit exceeds Rupees one lakh.
don any question of fact or law arising from the first appellate decree.
Answer: A
Section 100 CPC permits a second appeal to the High Court only where it is satisfied that the case involves a substantial question of law, which must be formulated at the time of admission.
a. The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure can be exercised only where the subordinate court has decided a case with jurisdictional error and no appeal lies. b. The High Court in revision under Section 115 can ordinarily reappreciate evidence and reverse findings of fact like an appellate court. Choose the correct option.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are incorrect
dBoth are correct
Answer: A
Section 115 CPC confines revision to errors of jurisdiction (exercise of jurisdiction not vested, failure to exercise it, or illegal/material irregular exercise) where no appeal lies; it is not a substitute for appeal and the court does not reappreciate evidence.
An ex parte decree was passed by a Civil Judge against the defendant. The defendant satisfies the court that the summons was not duly served upon him. The proper remedy and the court to be approached are
aa revision under Section 115 to the High Court only.
ba first appeal under Section 96 to the District Court only.
can application under Order IX Rule 13 to the court which passed the decree.
da review under Order XLVII to the appellate court.
Answer: C
Order IX Rule 13 CPC allows the defendant to apply to the court which passed the ex parte decree to set it aside where summons was not duly served or he was prevented by sufficient cause from appearing.
The power of a Judge, in order to discover or obtain proof of relevant facts, to ask any question he pleases, in any form, at any time, of any witness or of the parties, and to order production of any document or thing, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 165
bSection 146
cSection 143
dSection 168
Answer: D
Section 168 of the BSA, 2023 (old Section 165 of the Indian Evidence Act) confers on the Judge the power to put questions or order production of documents to discover proof of relevant facts.
Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions, in the absence of objection or the court's permission, must not be asked in:
aExamination-in-chief and re-examination
bAny examination whatsoever
cCross-examination
dRe-examination only
Answer: A
Under Section 146 of the BSA, 2023 (old Sections 142-143 of the Indian Evidence Act), leading questions may not be asked in examination-in-chief or re-examination without the court's permission, but are permissible in cross-examination.
The doctrine of estoppel — that a person who by his declaration, act or omission has caused another to believe a thing to be true and to act upon it shall not be allowed to deny its truth — is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 121
bSection 118
cSection 115
dSection 116
Answer: A
Section 121 of the BSA, 2023 (old Section 115 of the Indian Evidence Act) embodies the rule of estoppel.
Under the Bharatiya Sakshya Adhiniyam, 2023, the document itself produced for the inspection of the court is termed:
aSecondary evidence under Section 58
bPrimary evidence under Section 57
cOral evidence under Section 54
dPublic document under Section 74
Answer: B
Section 57 of the BSA, 2023 (old Section 62 of the Indian Evidence Act) defines primary evidence as the document itself produced for the inspection of the court.
The opinion of a person specially skilled in handwriting, regarding the identity of handwriting, is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 39
bSection 47
cSection 41
dSection 45
Answer: C
Section 41 of the BSA, 2023 (old Section 47 of the Indian Evidence Act) makes the opinion of a person acquainted with the handwriting relevant on the question of its identity.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is, in relation to the accused against whom he deposes,
aa competent witness whose testimony must, as a rule of law, be corroborated before conviction.
ba competent witness, but his evidence is admissible only after he is granted pardon.
can incompetent witness whose evidence is wholly inadmissible.
da competent witness, and a conviction is not illegal if it proceeds upon his corroborated testimony.
Answer: D
Section 138 BSA makes an accomplice a competent witness and provides, in its enacted form, that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This wording differs from the repealed Section 133 of the Indian Evidence Act (which used 'uncorroborated'); the keyed option follows the enacted BSA text.
A is accused of culpable homicide and pleads that he acted in exercise of the right of private defence. As to the existence of circumstances bringing his case within that General Exception of the penal law, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
athe burden of proving those circumstances is on A, and the Court shall presume their absence.
bno burden lies on either party as the plea is one of law.
cthe burden lies on the prosecution to prove their absence beyond doubt.
dthe burden lies on A only after the prosecution closes its evidence.
Answer: A
Section 108 BSA places on the accused the burden of proving circumstances that bring his case within a General Exception, special exception or proviso of the penal law, and the Court shall presume the absence of such circumstances.
A dying declaration recorded under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is admissible
aonly if the declarant was, at the time of making it, in actual expectation of death.
beven though the person who made it was not, at the time of making it, under expectation of death.
conly in cases of murder, and not in any civil proceeding.
donly if reduced to writing and signed by a Magistrate.
Answer: B
Section 26(a) BSA (corresponding to the old Section 32(1) IEA) makes such statements relevant whether or not the person was, at the time they were made, under expectation of death, and they are relevant in both civil and criminal proceedings in which the cause of death comes into question.
An accused in police custody states, 'I will show the place where I buried the knife,' and a knife is consequently dug up from that spot. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), how much of this statement is provable?
aOnly so much of the information as distinctly relates to the fact thereby discovered.
bThe statement is provable only if a Magistrate was present.
cNothing, because it is a confession made to a police officer.
dThe whole statement, as it led to discovery of a fact.
Answer: A
The proviso to Section 23(2) BSA (corresponding to the old Section 27 IEA) is an exception to the bar in Section 23(1) and (2) and admits only that part of the information received from an accused in custody as distinctly relates to the fact thereby discovered.
A child is born during the continuance of a valid marriage between his mother and a man. Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this fact is conclusive proof of his legitimacy, and the presumption can be displaced only by showing
athat a DNA test was refused by the husband.
bthat the husband had filed for divorce before the birth.
cthat the husband and wife were of differing religions.
dthat the parties to the marriage had no access to each other at any time when he could have been begotten.
Answer: D
Section 116 BSA makes birth during a valid marriage conclusive proof of legitimacy unless it is shown that the parties had no access to each other at any time when the child could have been begotten (non-access).
a. The effect of Section 27 of the Limitation Act, 1963 is that at the determination of the period limited for instituting a suit for possession of property, the right to such property is extinguished. b. Apart from this exception, the general scheme of the Limitation Act bars the remedy but does not extinguish the right. 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
Section 27 is the recognised exception whereby the right to property itself is extinguished (the basis of adverse possession), whereas the Act otherwise bars only the remedy and not the underlying right.
The period of limitation for a suit for possession of immovable property based on title (Article 65 of the Schedule) is
athree years from the date of dispossession
btwelve years from the date of the plaintiff's purchase
cthirty years from when the right to sue first accrues
dtwelve years from when the possession of the defendant becomes adverse to the plaintiff
Answer: D
Under Article 65, a title holder's suit for possession of immovable property is governed by twelve years, computed from when the defendant's possession becomes adverse to the plaintiff.
In computing the period of limitation for any suit, appeal or application under Section 12(1) of the Limitation Act, 1963, the day from which such period is to be reckoned
ashall be excluded
bshall be excluded only in appeals, not in suits
cmay be included or excluded at the discretion of the court
dshall be included
Answer: A
Section 12(1) provides that the day from which the period is to be reckoned shall be excluded in computing limitation for any suit, appeal or application.
A suit for which no period of limitation is provided elsewhere in the Schedule to the Limitation Act, 1963 is governed by the residuary Article 113, which prescribes
atwelve years from when the right to sue accrues
bone year from when the right to sue accrues
csix years from when the right to sue accrues
dthree years from when the right to sue accrues
Answer: D
Article 113 is the residuary provision for suits and prescribes three years, computed from when the right to sue accrues; the corresponding residuary article for applications is Article 137 (also three years).
A filed a suit in a court that ultimately found it had no jurisdiction to entertain it, and A had prosecuted that suit in good faith and with due diligence. When A institutes a fresh suit in the proper court, Section 14 of the Limitation Act, 1963 provides that
ano exclusion is allowed because the first court lacked jurisdiction
bthe delay must be separately condoned under Section 5
cthe entire earlier proceeding is ignored and limitation runs afresh from the new suit
dthe time spent bona fide prosecuting the earlier proceeding in the court lacking jurisdiction shall be excluded in computing limitation
Answer: D
Section 14 allows exclusion of the time during which the plaintiff was bona fide and with due diligence prosecuting another civil proceeding founded on the same cause of action in a court unable to entertain it for want of jurisdiction or a like cause.
a. Section 5 of the Limitation Act, 1963 empowers a court to condone delay in instituting a suit on sufficient cause being shown. b. Section 5 applies to an appeal or an application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Choose the correct option in respect of the above statements.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: B
Section 5 extends time only for an appeal or application (not for suits), and it expressly excludes applications under most provisions of Order XXI CPC; so statement 'a' is wrong and 'b' is correct.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation
ashall be dismissed even though limitation has not been set up as a defence
bshall be dismissed only if the defendant pleads the bar of limitation in his written statement
cmay be entertained if the defendant does not object
dshall be returned to the plaintiff for presentation to the proper court
Answer: A
Section 3 makes it the court's mandatory duty to dismiss a suit, appeal or application filed beyond limitation, even if the limitation bar is not raised as a defence.
A right to easement of access and use of light or air to and for a building is acquired by prescription under Section 25 of the Limitation Act, 1963 by peaceable, open enjoyment as of right and without interruption for a period of
athirty years
btwenty years
ctwelve years
dsixty years
Answer: B
Section 25(1) prescribes twenty years of enjoyment as of right for acquiring an easement of light, air, way or watercourse by prescription (thirty years where the servient property belongs to the Government).
Where the property over which a right of way is claimed by prescription belongs to the Government, the period of enjoyment required under Section 25 of the Limitation Act, 1963 is
atwenty-five years
btwenty years
cthirty years
dsixty years
Answer: C
The proviso to Section 25 substitutes 'thirty years' for 'twenty years' where the servient property belongs to the Government.
a. Once time has begun to run, a subsequent disability or inability to institute a suit or make an application stops it under the Limitation Act, 1963. b. Where a person under disability dies before the disability ceases, the limitation period is governed by the rules in Sections 6 and 7. Choose the correct option in respect of the above statements.
aa is incorrect and b is correct
ba is correct and b is incorrect
cBoth are incorrect
dBoth are correct
Answer: A
Section 9 provides that once time has begun to run no subsequent disability or inability stops it, so 'a' is incorrect; the disability provisions in Sections 6 and 7 are correctly stated in 'b'.
a. The 42nd Amendment Act, 1976 extended the normal term of the Lok Sabha from five to six years.
b. This extension was subsequently reversed by the 44th Amendment Act, 1978, restoring the five-year term.
Choose the correct option in respect of the above statements.
aa is incorrect and b is correct
bBoth are correct
cBoth are incorrect
da is correct and b is incorrect
Answer: B
The 42nd Amendment amended Articles 83(2) and 172 to make the term six years; the 44th Amendment, 1978 reversed this and restored the original five-year term.
Articles 39A (equal justice and free legal aid), 43A (participation of workers in management of industries) and 48A (protection of environment) were added to the Directive Principles of State Policy by:
aThe Constitution (44th Amendment) Act, 1978
bThe Constitution (25th Amendment) Act, 1971
cThe Constitution (97th Amendment) Act, 2011
dThe Constitution (42nd Amendment) Act, 1976
Answer: D
The 42nd Amendment Act, 1976 inserted Articles 39A, 43A and 48A into Part IV, adding new Directive Principles relating to legal aid, worker participation and environmental protection.
The right of minorities, whether based on religion or language, to establish and administer educational institutions of their choice is guaranteed by:
aArticle 25
bArticle 30
cArticle 29
dArticle 28
Answer: B
Article 30(1) confers on all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice; Article 29 protects interests of minorities more generally.
a. In Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament has no power to amend Part III so as to take away or abridge Fundamental Rights.
b. The 24th Amendment Act, 1971 was enacted to nullify the effect of the Golak Nath decision.
Choose the correct option in respect of the above statements.
aa is incorrect and b is correct
bBoth are incorrect
ca is correct and b is incorrect
dBoth are correct
Answer: D
Golak Nath held that fundamental rights occupy a transcendental position beyond Parliament's amending power; the 24th Amendment, 1971 expressly affirmed Parliament's power under Article 368 to amend any provision, including Part III.
The Constitution (86th Amendment) Act, 2002, in addition to inserting Article 21A, added a new Fundamental Duty in Article 51A(k) casting a duty upon:
aThe State to organise village panchayats as units of self-government
bEvery citizen to protect and improve the natural environment
cA parent or guardian to provide opportunities for education to his child or ward between the ages of six and fourteen years
dEvery citizen to develop the scientific temper and spirit of inquiry
Answer: C
The 86th Amendment, 2002 added clause (k) to Article 51A, making it a fundamental duty of a parent or guardian to provide educational opportunities to his child/ward between the ages of six and fourteen years.
Under Article 233 of the Constitution of India, appointments of persons to be District Judges in a State are made by the
aHigh Court alone
bPresident of India in consultation with the Chief Justice of India
cGovernor of the State in consultation with the High Court exercising jurisdiction in relation to such State
dState Public Service Commission in consultation with the Governor
Answer: C
Article 233(1) provides that appointment, posting and promotion of District Judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in that State.
a. The control over District Courts and courts subordinate thereto, including the posting and promotion of persons belonging to the judicial service, is vested in the High Court under Article 235. b. A person not already in the service of the Union or the State is eligible to be appointed a District Judge only if he has been an advocate or pleader for not less than seven years. Choose the correct option.
aa is correct and b is incorrect
bBoth are incorrect
cBoth are correct
da is incorrect and b is correct
Answer: C
Article 235 vests control over subordinate courts in the High Court, and Article 233(2) requires seven years' practice as an advocate or pleader for direct recruits to the post of District Judge.
The Constitution (103rd Amendment) Act, 2019 introduced reservation for Economically Weaker Sections (EWS) by inserting which provisions?
aArticle 16(4B) and Article 335
bArticle 15(4) and Article 16(4)
cArticle 15(6) and Article 16(6)
dArticle 15(5) and Article 16(4A)
Answer: C
The Constitution (103rd Amendment) Act, 2019 inserted clause (6) in Article 15 and clause (6) in Article 16 to enable up to 10% reservation in education and public employment for the EWS.
The Goods and Services Tax (GST) Council is a constitutional body established under
aArticle 246A
bArticle 269A
cArticle 268A
dArticle 279A
Answer: D
The Constitution (101st Amendment) Act, 2016 inserted Article 279A, under which the President constitutes the GST Council as a joint forum of the Centre and the States.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court, by a majority, held that the power of Parliament to amend the Constitution under Article 368
adoes not extend to altering the basic structure or framework of the Constitution
bcannot be used to amend the Fundamental Rights at all
cis subject to ratification by a majority of the State Legislatures in every case
dis unlimited and extends to every part of the Constitution
Answer: A
The 13-Judge Bench in Kesavananda Bharati (1973) propounded the basic structure doctrine, holding that Article 368 does not empower Parliament to alter the basic structure of the Constitution.
A gives a single fist blow to Z, intending only to cause hurt, and Z dies because of an unusually enlarged spleen of which A had no knowledge. Under the Bharatiya Nyaya Sanhita, 2023, A is most appropriately liable for:
aMurder under Section 101
bAbetment of suicide under Section 108
cVoluntarily causing hurt under Section 115
dDowry death under Section 80
Answer: C
Where there is neither intention nor knowledge that the act is likely to cause death, and the fatal result flows from a latent condition unknown to the accused, liability is for voluntarily causing hurt under Section 115 of the BNS, 2023, not homicide.
Under the Bharatiya Nyaya Sanhita, 2023, an agreement by two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means, constitutes:
aUnlawful assembly under Section 189
bAbetment under Section 45
cCriminal conspiracy under Section 61
dCommon intention under Section 3(5)
Answer: C
Section 61 of the BNS, 2023 defines criminal conspiracy. For an offence punishable with death, life imprisonment or rigorous imprisonment of two years or more, no overt act beyond the agreement is required.
Z attempts to commit a robbery upon A and, in doing so, assaults A in a manner reasonably causing A to apprehend that death would otherwise be the consequence. A, in private defence, causes Z's death. Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to causing death by virtue of:
aSection 38
bSection 34
cSection 35
dSection 44
Answer: A
Section 38 of the BNS, 2023 enumerates the situations — including robbery and assault causing reasonable apprehension of death or grievous hurt — in which the right of private defence of the body extends to voluntarily causing the death of the assailant.
A enters Z's dwelling house at night by unlatching a window, with intent to commit theft inside. Under the Bharatiya Nyaya Sanhita, 2023, which offence is constituted by his unlawful entry into the dwelling house?
aMischief under Section 324
bCriminal trespass simpliciter
cExtortion under Section 308
dHouse-trespass under Section 329
Answer: D
Under Section 329 of the BNS, 2023, criminal trespass by entering a building used as a human dwelling amounts to house-trespass. Section 324 deals with mischief and Section 308 with extortion.
Consider the following under the Bharatiya Nyaya Sanhita, 2023: a. Abetment of suicide is punishable under Section 108. b. Whenever force or violence is used by an unlawful assembly, or by any member thereof in prosecution of its common object, every member is guilty of rioting. Choose the correct option.
aBoth are correct
ba is correct and b is incorrect
cBoth are incorrect
da is incorrect and b is correct
Answer: A
Both statements are correct: abetment of suicide is punishable under Section 108 of the BNS, 2023, and rioting under Section 191 attaches to every member of an unlawful assembly when force or violence is used in prosecution of the common object.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons acting in concert commit murder on the ground of caste, community, sex, language or personal belief (so-called mob lynching), the relevant penal provision is
aSection 101(2)
bSection 105(2)
cSection 107(2)
dSection 103(2)
Answer: D
Section 103(1) BNS punishes murder generally, while Section 103(2) BNS specifically deals with murder committed by a group of five or more persons acting in concert on grounds such as race, caste, sex, language or personal belief, each member being punishable with death or imprisonment for life.
A, while riding a two-wheeler, suddenly and quickly grabs a gold chain from the neck of Z, a pedestrian, and speeds away. Under the Bharatiya Nyaya Sanhita, 2023, A has committed the offence of
aTheft under Section 303
bRobbery under Section 309
cSnatching under Section 304
dExtortion under Section 308
Answer: C
Section 304 BNS introduces the new offence of snatching, where in order to commit theft the offender suddenly, quickly or forcibly seizes, grabs or takes away movable property from a person or his possession; this offence had no separate counterpart in the IPC.
An unlawful assembly under the Bharatiya Nyaya Sanhita, 2023 requires an assembly of at least how many persons with a common object?
aFour
bFive
cSeven
dTwo
Answer: B
Section 189(1) BNS retains the requirement of five or more persons for an assembly to be designated unlawful, continuing the position under the erstwhile Section 141 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit robbery, the offence committed is
aRobbery under Section 309
bSnatching under Section 304
cExtortion under Section 308
dDacoity under Section 310
Answer: D
Section 310 BNS provides that when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity, mirroring the threshold under the old Section 391 IPC.
A gives a fist blow to Z and causes dislocation of a tooth of Z. Under the Bharatiya Nyaya Sanhita, 2023, A has voluntarily caused grievous hurt, the punishing section being
aSection 116
bSection 118
cSection 115
dSection 117
Answer: D
Dislocation of a tooth falls within the definition of grievous hurt under Section 116 BNS, and the punishment for voluntarily causing grievous hurt is provided under Section 117 BNS (Section 118 applies only where dangerous weapons or means are used).
A "competent authority" within the meaning of the Maharashtra Rent Control Act, 1999 is a person :
aHolding an office not lower in rank than that of a Deputy Collector
bAll of the above
cWho has been for not less than five years an advocate
dHolding the post of a Civil Judge, Junior Division
Answer: B
The Act empowers the State Government to appoint as competent authority a person holding an office not below Deputy Collector, or a Civil Judge (Junior Division), or one who has been an advocate for at least five years; hence all of the above qualify.
Where premises in Brihan Mumbai are governed by the Maharashtra Rent Control Act, 1999, an appeal under Section 34(1) from a decree or order lies to :
aA bench of two Judges of the Court of Small Causes, Mumbai
bThe High Court of Bombay
cThe Chief Metropolitan Magistrate, Mumbai
dThe City Civil Court, Mumbai
Answer: A
For Brihan Mumbai, Section 34 provides that the appeal lies to a bench of two Judges of the Court of Small Causes, not including the Judge who made the decree or order.
Apart from the standard four per cent annual increase, the landlord under the Maharashtra Rent Control Act, 1999 may make a temporary increase in rent on account of special or structural repairs at a rate not exceeding :
aFifteen per cent of the standard rent
bFifty per cent of the standard rent
cTen per cent of the standard rent
dTwenty-five per cent of the standard rent
Answer: D
Section 11 permits a temporary increase for special or structural repairs not exceeding twenty-five per cent of the standard rent, recoverable until the expenditure on such repairs is recovered.
Under the Maharashtra Rent Control Act, 1999, for the purposes of recovering possession of premises let for residence on the ground of the landlord's bona fide requirement under clause (g) of Section 16(1), the expression "landlord" does NOT include :
aA rent-farmer
bA rent-collector
cAll of the above
dAn estate-manager
Answer: C
The Explanation to Section 16(1)(g) provides that for that clause "landlord" does not include a rent-farmer, rent-collector or estate-manager; hence all of the above are excluded.
Under the Maharashtra Rent Control Act, 1999, the standard rent of premises may be fixed by the Court in which of the following cases ?
aWhere there is a dispute that the rent or permitted increases are excessive
bWhere any premises have been or are let rent-free or at a nominal rent
cAll of the above
dWhere, by reason of the premises having been let at one time as a whole and later in parts, a dispute as to standard rent arises
Answer: C
The Act empowers the Court to fix the standard rent in all these situations - disputes over excessiveness, premises let rent-free or at nominal rent, and disputes arising from letting as a whole and then in parts; hence all of the above.
Under Section 40(2) of the Maharashtra Rent Control Act, 1999, a person appointed as a Competent Authority must be one :
aWho is holding or has held an office not lower in rank than that of a Deputy Collector
bWho is holding or has held a post of a Civil Judge, Junior Division
cAny of the above
dWho has been for not less than five years an Advocate enrolled under the Advocates Act, 1961
Answer: C
Section 40(2) permits the State Government to appoint as Competent Authority a person falling under any one of clauses (a), (b) or (c) — a Deputy-Collector-rank officer, a Civil Judge (Junior Division), or an advocate of five years' standing.
Under Section 11(1) of the Maharashtra Rent Control Act, 1999, after the commencement of the Act a landlord is entitled to make an annual increase in the rent of the premises at the rate of :
a4 per cent per annum
b2 per cent per annum
c5 per cent per annum
d8 per cent per annum
Answer: A
Section 11(1) entitles the landlord to make an increase of 4 per cent per annum in the rent of premises let for the purposes referred to in Section 2(1), computed from the date of commencement of the Act.
Under Section 53 of the Maharashtra Rent Control Act, 1999, an offence punishable under Section 10 (claiming or receiving rent in excess of standard rent) is :
aNon-cognizable
bCognizable
cTriable only by the Court of Small Causes
dCognizable but bailable only by the Sessions Court
Answer: A
Section 53 expressly declares that an offence under Section 10 shall be non-cognizable, while offences under Sections 17, 18, 19, 21, 29, 30 and 31 are made cognizable.
Every appeal under Section 34 of the Maharashtra Rent Control Act, 1999 shall be made within :
aForty-five days from the date of the decree or order
bSixty days from the date of the decree or order
cThirty days from the date of the decree or order
dNinety days from the date of the decree or order
Answer: C
Section 34(2) prescribes that every appeal shall be made within thirty days from the date of the decree or order, with Sections 4, 5 and 12 of the Limitation Act, 1963 applying to computation of that period.
Under Section 34(1)(a) of the Maharashtra Rent Control Act, 1999, an appeal from a decree or order made in Brihan Mumbai by the Court of Small Causes, Mumbai exercising jurisdiction under Section 33 shall lie to :
aThe City Civil Court, Mumbai
bA bench of two judges of the said Court of Small Causes which shall not include the judge who made the decree or order
cThe Bombay High Court
dThe District Court
Answer: B
Section 34(1)(a) provides that in Brihan Mumbai the appeal lies to a bench of two judges of the Court of Small Causes, Mumbai, expressly excluding the judge who passed the impugned decree or order.
The maximum period for which a police officer may detain a person arrested without warrant, in the absence of a special order of a Magistrate under Section 187, exclusive of the time necessary for the journey to the Magistrate's court, is fixed under the Bharatiya Nagarik Suraksha Sanhita, 2023 at :
aForty-eight hours
bSeventy-two hours
cTwelve hours
dTwenty-four hours
Answer: D
Section 58 read with Section 35 BNSS preserves the twenty-four-hour rule (exclusive of journey time), reflecting Article 22(2) of the Constitution.
Under Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term not exceeding one year is :
aOne year
bTwo years
cSix months
dThree years
Answer: A
Section 514 BNSS (corresponding to Section 468 of the old Code) prescribes a limitation of one year where the offence is punishable with imprisonment for a term not exceeding one year.
The obligation cast on every State Government to prepare and notify a Witness Protection Scheme is found in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 360
bSection 183
cSection 412
dSection 398
Answer: D
Section 398 BNSS is a new provision mandating every State Government to prepare and notify a Witness Protection Scheme for the State.
Where an officer in charge of a police station refuses to record information relating to a cognizable offence, the aggrieved person may send the substance of such information in writing and by post to the Superintendent of Police, who, if satisfied that it discloses a cognizable offence, shall either investigate or direct an investigation. This remedy is provided under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 210
bSection 175(3)
cSection 173(4)
dSection 200
Answer: C
Section 173(4) BNSS (corresponding to Section 154(3) of the old Code) provides the remedy of approaching the Superintendent of Police where an FIR is refused; Section 175(3) deals with the Magistrate's power to order investigation.
Direction for grant of bail to a person apprehending arrest on accusation of having committed a non-bailable offence (anticipatory bail) is provided under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 484
bSection 480
cSection 438
dSection 482
Answer: D
Section 482 BNSS corresponds to Section 438 of the old Code and deals with grant of anticipatory bail; the new provision omits the guiding factors that were earlier enumerated.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply for anticipatory bail under :
aSection 482
bSection 438
cSection 439
dSection 480
Answer: A
Section 482 BNSS, 2023 provides for direction for grant of bail to a person apprehending arrest (anticipatory bail), corresponding to the erstwhile Section 438 CrPC. The application lies before the High Court or the Court of Session.
Consider the following statements regarding police custody under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Statement (I) : The total period of police custody that a Magistrate may authorise cannot exceed fifteen days in the whole. Statement (II) : Such police custody may be sought in parts during the initial period of detention.
aStatement (I) is correct, (II) is incorrect
bBoth statements are correct
cStatement (II) is correct, (I) is incorrect
dBoth statements are incorrect
Answer: B
Section 187 BNSS retains the fifteen-day cap on police custody but permits it to be sought in parts (split custody) during the first forty or sixty days, as the case may be, rather than only in the first fifteen days as under the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for maintenance of wives, children and parents may be passed by :
aAny Executive Magistrate
bThe District Magistrate only
cA Sessions Judge
dA Judicial Magistrate of the First Class
Answer: D
Section 144 BNSS, 2023 vests the power to order maintenance of wives, children and parents in a Judicial Magistrate of the First Class, corresponding to the erstwhile Section 125 CrPC.
The provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 that statutorily recognises the lodging of a "Zero FIR" — registration of information relating to a cognizable offence at any police station irrespective of the place where the offence is committed — is :
aSection 154
bSection 173
cSection 175
dSection 176
Answer: B
Section 173 BNSS, 2023 deals with information in cognizable cases and statutorily recognises the Zero FIR, mandating registration irrespective of the territorial jurisdiction and onward transfer to the competent police station.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is infirm or above sixty years of age and is accused of an offence punishable with imprisonment for less than three years, no arrest shall be made without the prior permission of an officer not below the rank of :
aSuperintendent of Police
bDeputy Superintendent of Police
cInspector of Police
dSub-Inspector of Police
Answer: B
Section 35(7) BNSS introduces a safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years where the offence is punishable with less than three years' imprisonment.
Under Section 20C of the Specific Relief Act, a suit filed under the Act shall be disposed of by the court within a period of
aone year from the date of institution, without any extension
btwo years from the date of institution
csix months from the date of institution
dtwelve months from the date of service of summons on the defendant, extendable by a further six months
Answer: D
Section 20C mandates disposal within twelve months from the date of service of summons on the defendant, which the court may extend for a further period not exceeding six months after recording reasons.
Under Section 20B of the Specific Relief Act, Special Courts to try suits in respect of contracts relating to infrastructure projects are designated by
athe Central Government alone
bthe District Judge of each district
cthe High Court alone by administrative order
dthe State Government in consultation with the Chief Justice of the High Court
Answer: D
Section 20B empowers the State Government, in consultation with the Chief Justice of the High Court, to designate one or more Civil Courts as Special Courts to try suits relating to infrastructure project contracts.
A is in possession of property under a registered sale deed which is in fact void. A apprehends that the void instrument may cause him serious injury if left outstanding and sues for its cancellation. Choose the correct option as to Section 31 of the Specific Relief Act. a. A person against whom a written instrument is void or voidable may sue to have it adjudged void and delivered up and cancelled. b. The court has discretion to so adjudge and order cancellation.
aBoth are incorrect
bBoth are correct
ca is incorrect and b is correct
da is correct and b is incorrect
Answer: B
Section 31 permits any person against whom a written instrument is void or voidable, who reasonably apprehends serious injury, to sue for its cancellation, and the court 'may' in its discretion so adjudge and order it delivered up and cancelled.
A, the owner of land, is entitled to seek a declaration of his title. He omits to claim consequential relief of possession which is also available to him, and sues merely for a declaration. Under Section 34 of the Specific Relief Act, the court
ashall grant the declaration and itself add the relief of possession
bshall convert the suit into one under Section 6
cshall not make the declaration since he omitted to seek the further relief available
dshall grant the declaration as prayed
Answer: C
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
Under Section 41 of the Specific Relief Act, an injunction cannot be granted, among other cases, a. to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit, unless to prevent multiplicity of proceedings. b. when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust.
aa is correct and b is incorrect
bBoth are correct
ca is incorrect and b is correct
dBoth are incorrect
Answer: B
Section 41(b) bars an injunction restraining a pending judicial proceeding unless to prevent multiplicity, and Section 41(h) bars it where an equally efficacious relief can certainly be obtained by another usual mode, except in case of breach of trust.
A suit for recovery of possession of immovable property under Section 6 of the Specific Relief Act, 1963 must be instituted within :
aTwelve years from the date of dispossession
bThirty days from the date of dispossession
cThree years from the date of dispossession
dSix months from the date of dispossession
Answer: D
Section 6(2)(a) bars any suit under that section after the expiry of six months from the date of dispossession, reflecting its summary character that ignores title.
Consider the following statements regarding an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963 : Statement (I) : No appeal shall lie from any such order or decree. Statement (II) : No review of any such order or decree shall be allowed.
aBoth statements are correct
bStatement (II) is correct, (I) is incorrect
cBoth statements are incorrect
dStatement (I) is correct, (II) is incorrect
Answer: A
Section 6(3) bars both an appeal from, and a review of, any order or decree passed in a suit under Section 6, leaving only the bar of a regular title suit under Section 6(4).
A person entitled to the possession of specific movable property may recover it in the manner provided by :
aThe Indian Contract Act, 1872
bThe Code of Civil Procedure, 1908
cThe Sale of Goods Act, 1930
dThe Transfer of Property Act, 1882
Answer: B
Section 7 of the Specific Relief Act provides that recovery of specific movable property is to be in the manner provided by the Code of Civil Procedure, 1908.
After the Specific Relief (Amendment) Act, 2018, specific performance of a contract :
aIs granted purely in the discretion of the court
bIs available only for contracts relating to immovable property
cShall be enforced by the court subject to the provisions of Sections 11(2), 14 and 16
dCan never be granted where damages are an adequate remedy
Answer: C
The substituted Section 10 makes specific performance the rule; it 'shall be enforced' subject to the provisions contained in Sections 11(2), 14 and 16, replacing the earlier discretionary scheme.
Under the Indian Partnership Act, 1932, where no provision is made by contract between the partners for the duration of their partnership or for its determination, the partnership is:
aa sub-partnership
ba partnership at will
ca particular partnership
da void partnership
Answer: B
Section 7 of the Indian Partnership Act, 1932 defines a 'partnership at will' as one where the contract makes no provision for the duration of the partnership or for its determination.
Subject to the provisions of the Indian Partnership Act, 1932, for the purposes of the business of the firm, a partner is:
athe agent of the firm
bthe trustee of the firm only
ca stranger to other partners
dthe bailee of the firm's property
Answer: A
Section 18 of the Indian Partnership Act, 1932 provides that, subject to the provisions of the Act, a partner is the agent of the firm for the purposes of the business of the firm.
A person admitted to the benefits of partnership during his minority does not give public notice electing whether to become a partner. He attains majority and six months elapse from the later of attaining majority or obtaining knowledge of the admission. Under Section 30 of the Indian Partnership Act, 1932:
ahe remains a minor partner indefinitely.
bhe becomes a partner in the firm on the expiry of the said six months.
cthe firm stands automatically dissolved.
dhe ceases to have any connection with the firm.
Answer: B
Under Section 30(5), within six months of attaining majority or of knowledge of his admission (whichever is later), the person may give public notice electing to become or not to become a partner; if he gives no such notice, he becomes a partner on the expiry of that period.
a. An unregistered firm cannot institute a suit against a third party to enforce a right arising from a contract. b. A third party can maintain a suit against an unregistered firm. Choose the correct option under Section 69 of the Indian Partnership Act, 1932.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are correct
dBoth are incorrect
Answer: C
Section 69 bars an unregistered firm from suing a third party to enforce a contractual right, so (a) is correct. However, it does not affect the right of a third party to sue the firm or its partners even if unregistered, so (b) is also correct.
A firm is constituted for a fixed term of five years. Before its expiry, one of the partners is adjudicated insolvent. In the absence of a contract to the contrary, under the Indian Partnership Act, 1932:
athe firm is dissolved by the adjudication of the partner as an insolvent.
bthe firm is not affected and continues unaffected.
cthe insolvent automatically becomes a sleeping partner.
dthe firm continues but the insolvent's liability is unlimited.
Answer: A
Section 42(d) provides that, subject to contract between the partners, a firm is dissolved by the adjudication of a partner as an insolvent. Hence the firm stands dissolved on such adjudication unless the partners have agreed otherwise.
Under the Indian Contract Act, 1872, when the person to whom a proposal is made signifies his assent thereto, the proposal is said to be accepted, and a proposal when accepted becomes a
aagreement
bpromise
ccontract
dconsideration
Answer: B
Under Section 2(b) of the Indian Contract Act, 1872, a proposal, when accepted, becomes a promise. A promise with consideration becomes an agreement (S.2(e)) and an agreement enforceable by law becomes a contract (S.2(h)).
A executes a registered instrument promising to pay his nephew B a sum of money out of natural love and affection. The agreement, though without consideration, is
avoidable at the option of A
bvalid and enforceable as it falls within an exception under Section 25
ca wagering agreement
dvoid for want of consideration
Answer: B
Section 25(1) of the Indian Contract Act, 1872 provides that an agreement made without consideration is valid if it is in writing and registered and made on account of natural love and affection between parties standing in a near relation to each other.
a. A continuing guarantee is one which extends to a series of transactions. b. A continuing guarantee may, as to future transactions, be revoked by the surety by notice to the creditor. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are incorrect
cBoth are correct
da is incorrect and b is correct
Answer: C
Section 129 of the Indian Contract Act, 1872 defines a continuing guarantee as one extending to a series of transactions, and Section 130 permits the surety to revoke it as to future transactions by notice to the creditor.
A tradesman, by mistake, leaves goods at B's house. B treats the goods as his own and uses them. Under the Indian Contract Act, 1872
athe contract is void for mistake
bB is not bound to pay as there was no agreement
cB may retain the goods as a gift
dB is bound to make compensation to the tradesman for the goods
Answer: D
Section 70 of the Indian Contract Act, 1872 (a quasi-contractual obligation) provides that where a person lawfully does a thing for another not intending to do so gratuitously, and the other enjoys the benefit, the latter is bound to make compensation.
A gift of immovable property under the Transfer of Property Act must be effected by
aan oral declaration before a notary
bdelivery of possession alone
can unregistered writing signed by the donor
da registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 TPA requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; movable property may be gifted by registered instrument or by delivery.
Under Section 14 of the Transfer of Property Act, the rule against perpetuity allows an interest to be created which takes effect at the latest after
athe lifetime of one or more living persons plus a further twenty-one years
bthe lifetime of one or more living persons plus the minority of an unborn person in existence at the end of that period
ca perpetual period if the transfer is for a charitable purpose
da fixed period of eighteen years from the date of transfer
Answer: B
Section 14 TPA fixes the maximum perpetuity period as the lifetime of one or more persons living at the date of transfer plus the minority of an unborn person who is in existence at the expiration of that period.
A, the ostensible owner of land with the express consent of the real owner, transfers it for consideration to B, who after taking reasonable care to ascertain A's title acts in good faith. The real owner later sues to recover the land. Under the Transfer of Property Act,
athe transfer is void as A was not the true owner
bthe transfer is not voidable on the ground that A was not authorised, provided B acted in good faith with reasonable care
cB can be protected only if he had registered the sale within four months
dthe real owner can recover possession unconditionally
Answer: B
Section 41 TPA protects a transferee from an ostensible owner: where the real owner's consent makes the transferor the ostensible owner, the transfer is not voidable merely for want of authority if the transferee took reasonable care and acted in good faith.
A tenant whose lease has determined continues in possession and the landlord assents to his continuing in possession. Under Section 116 of the Transfer of Property Act, in the absence of an agreement to the contrary, the lease is
aextinguished, making the tenant a trespasser
bautomatically renewed for the original fixed term
crenewed from year to year, or month to month according to the purpose, by holding over
dconverted into a tenancy at sufferance only
Answer: C
Section 116 TPA (holding over): where a lessee remains in possession after determination and the lessor assents, the lease is, in the absence of agreement to the contrary, renewed from year to year or month to month according to the purpose, as governed by Section 106.
Which of the following correctly states the legal effect of a contract for the sale of immovable property under the Transfer of Property Act?
aIt does not, of itself, create any interest in or charge on such property
bIt operates as an equitable mortgage of the property
cIt transfers ownership immediately on payment of earnest money
dIt of itself creates an interest in or charge on such property
Answer: A
Section 54 TPA expressly provides that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property; ownership passes only on a registered sale deed where required.
A donates to B a property burdened with an onerous obligation by one gift, and a separate beneficial property by another gift, both made by a single transfer. Under Section 127 of the Transfer of Property Act, B
ais bound by the onerous gift only after attaining majority
bmust accept both gifts together or neither, where they form a single transfer
ccan compel A to release the onerous obligation
dmay accept the beneficial gift and reject the onerous one
Answer: B
Section 127 TPA: where a single transfer comprises several things, one of which is burdened by an onerous obligation, the donee can take nothing by the gift unless he accepts it fully; he cannot accept the beneficial part alone.
A, the eldest son of B who owns ancestral property, executes a deed during B's lifetime purporting to transfer to C his expectancy of inheriting B's estate. As per the Transfer of Property Act, 1882, the transfer is
avoid, as the mere chance of an heir-apparent succeeding to an estate cannot be transferred
bvalid, as A is the heir-apparent and the expectancy is property
cvalid, but only on the death of B
dvoidable at the option of B
Answer: A
Section 6(a) expressly bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a transfer is void ab initio, not merely postponed.
Under Section 14 of the Transfer of Property Act, 1882, an interest created by transfer must vest, at the latest, within the lifetime of one or more living persons at the date of the transfer plus
aa fixed period of twenty-one years
ba period of eighteen years in all cases
cthe minority of a person in existence at the expiration of that lifetime, to whom the interest is to belong
dthe lifetime of the transferee only
Answer: C
Section 14 (rule against perpetuity) permits vesting up to the life or lives in being plus the minority of an unborn person who exists at the expiration of that period and to whom the interest is to belong, unlike the fixed 21-year rule of English law.
B is the ostensible owner of land with A's consent, while A is the real owner. B sells the land to C for value. C, after taking reasonable care to ascertain that B had power to make the transfer, acts in good faith. A later sues C to recover the land. As per Section 41 of the Transfer of Property Act, 1882,
athe transfer is voidable at A's option in every case
bthe transfer shall not be voidable on the ground that B was not authorised to make it
cC gets no title because B was not the real owner
dA can recover the land on refunding the price to C
Answer: B
Section 41 protects a transferee from an ostensible owner who, with the consent of the real owner, holds out as owner, provided the transferee acted in good faith after taking reasonable care to ascertain the transferor's power.
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