Maharashtra Judiciary Mock Test 3 — Questions & Solutions
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A plaint discloses no cause of action and, on the face of the statement contained therein, the suit appears to be barred by law. The court, before framing issues, should
areturn the plaint to be presented to the proper court.
breject the plaint under Order VII Rule 11.
cproceed to trial and decide the question after evidence.
dstay the suit until the defect is cured.
Answer: B
Order VII Rule 11 CPC mandates rejection of a plaint where it discloses no cause of action or where the suit appears from the statement in the plaint to be barred by any law, among other grounds.
A plaintiff is entitled to several reliefs against the defendant in respect of the same cause of action but intentionally relinquishes a portion of his claim and sues only for the rest. As per the Code of Civil Procedure, he
ashall not afterwards sue in respect of the portion so relinquished.
bmay sue for the relinquished portion only with leave of the court.
cmay afterwards sue for the relinquished portion within limitation.
dmay sue for the relinquished portion in a court of higher jurisdiction.
Answer: A
Order II Rule 2 CPC bars a plaintiff who omits or intentionally relinquishes a portion of his claim from suing later in respect of that portion, to prevent splitting of claims arising from one cause of action.
A money decree obtained by A against B is later reversed by the appellate court after A had already recovered the decretal amount from B in execution. As per the Code of Civil Procedure, B can recover the amount paid by
afiling a fresh suit for recovery of money against A.
bapplying under Section 151 to the High Court only.
cfiling a review petition before the appellate court.
dapplying for restitution under Section 144 to the court of first instance.
Answer: D
Section 144 CPC enables a party entitled to a benefit by way of restitution, after a decree is varied or reversed, to apply to the court of first instance to be placed in the position it would have occupied but for the decree.
a. All questions arising between the parties to the suit and relating to the execution, discharge or satisfaction of the decree shall be determined by the court executing the decree and not by a separate suit. b. A purchaser of property at a sale in execution of a decree is deemed to be a party to the suit for the purpose of questions relating to delivery of possession. Choose the correct option.
aBoth are incorrect
bBoth are correct
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: B
Section 47 CPC requires all questions relating to execution, discharge or satisfaction of the decree between parties to be determined by the executing court, and its Explanation deems an auction-purchaser a party for questions of delivery of possession.
In an execution sale of immovable property, a person claiming an interest in the property applies to set aside the sale by depositing in court the amount for the recovery of which the sale was ordered together with a further sum for the auction-purchaser. Under Order XXI Rule 89 of the Code of Civil Procedure, the sum payable to the purchaser is
atwenty-five per cent of the purchase-money.
bten per cent of the purchase-money.
ctwo per cent of the purchase-money.
dfive per cent of the purchase-money.
Answer: D
Order XXI Rule 89 CPC allows setting aside an execution sale on depositing the amount specified in the proclamation for recovery plus a sum equal to five per cent of the purchase-money for payment to the auction-purchaser.
An application is made under Order XXI Rule 90 of the Code of Civil Procedure to set aside an execution sale of immovable property on the ground of material irregularity in publishing or conducting the sale. The court shall not set aside the sale unless
athe applicant deposits five per cent of the purchase-money in court.
bthe auction-purchaser is shown to have acted in bad faith.
cthe applicant proves that he sustained substantial injury by reason of such irregularity or fraud.
dthe decree-holder consents to setting aside the sale.
Answer: C
Order XXI Rule 90 CPC bars setting aside a sale for irregularity or fraud in publishing or conducting it unless the court is satisfied, on the facts proved, that the applicant sustained substantial injury by reason of such irregularity or fraud.
During the pendency of a suit, the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of his property and remove it from the local limits of the court's jurisdiction. The plaintiff's appropriate remedy under the Code of Civil Procedure is to seek
aarrest before judgment under Order XXXVIII Rule 1.
ba temporary injunction under Order XXXIX Rules 1 and 2.
cappointment of a receiver under Order XL.
dattachment before judgment under Order XXXVIII Rule 5.
Answer: D
Order XXXVIII Rule 5 CPC empowers the court to direct attachment before judgment where the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property from the court's jurisdiction.
a. The civil court has jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred. b. The exclusion of the jurisdiction of the civil court is not to be readily inferred and the burden lies on the party asserting such exclusion. Choose the correct option in respect of the above statements.
aBoth are correct
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are incorrect
Answer: A
Section 9 CPC confers jurisdiction on civil courts over all suits of a civil nature unless cognizance is expressly or impliedly barred; the settled rule is that exclusion of civil court jurisdiction is not readily inferred and must be clearly established.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of, after notice in writing has been delivered :
aThree months
bSixty days from receipt of reply
cTwo months
dOne month
Answer: C
Section 80(1) CPC bars institution of such a suit until the expiration of two months next after notice in writing has been delivered or left at the office of the concerned authority.
No order for the detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed :
aOne thousand rupees
bFive thousand rupees
cThree thousand rupees
dTwo thousand rupees
Answer: D
Under the proviso to Section 58 CPC read with Section 51, no detention order may be made where the decree amount does not exceed two thousand rupees.
Consider the following statements : Statement (I) : An appeal lies from a decree passed by the Court with the consent of parties. Statement (II) : An appeal lies from an original decree passed ex parte.
aStatement (II) is correct, (I) is incorrect
bBoth statements are correct
cStatement (I) is correct, (II) is incorrect
dBoth statements are incorrect
Answer: A
Section 96(3) bars an appeal from a consent decree, so Statement (I) is incorrect; Section 96(2) expressly allows an appeal from an original decree passed ex parte, so Statement (II) is correct.
A document purporting to be thirty years old is produced from proper custody. Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court may presume that
athe document was registered as required by law.
bthe signature and every other part of it in the handwriting of a particular person is in that person's handwriting, and it was duly executed and attested.
cthe contents of the document are true.
dthe document is a public document.
Answer: B
The Section 92 BSA presumption is confined to the genuineness of the signature, handwriting, execution and attestation of a thirty-year-old document from proper custody; it does not extend to the truth of its contents.
In order to ascertain whether a disputed signature was written by a particular person, the Court may, under Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), compare it with
aany signature obtained from the person after arrest, without his consent in any case.
ba signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person.
ca specimen taken only by a handwriting expert.
dany earlier signature of that person, whether admitted, denied or merely alleged.
Answer: B
Section 72 BSA permits comparison of a disputed signature, writing or seal with one admitted or proved to the satisfaction of the Court to have been made by the same person; the comparison specimen must itself be admitted or proved, not merely alleged.
Where a question arises in a suit whether goods supplied were fit for the purpose intended, requiring special technical knowledge, the opinion of a person specially skilled in that field is relevant under
aSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
bSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
cSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
dSection 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Answer: C
Section 39 BSA makes the opinions of persons specially skilled in foreign law, science, art, or in identity of handwriting or finger impressions relevant where the Court has to form an opinion on such a point.
A woman commits suicide within seven years of her marriage and it is shown that her husband had subjected her to cruelty. Under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court
amust acquit the husband in the absence of an eyewitness.
bshall conclusively presume that the husband abetted the suicide.
cshall presume that the death was accidental.
dmay presume, having regard to all the circumstances, that such suicide was abetted by the husband.
Answer: D
Section 117 BSA provides that where a woman commits suicide within seven years of marriage and cruelty is shown, the Court may presume, having regard to all the other circumstances, that the suicide was abetted by her husband or his relatives; it is a discretionary, not conclusive, presumption.
A party calls a witness who, during examination-in-chief, turns hostile and suppresses the truth. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the party calling him may, with the permission of the Court,
atreat the witness as discharged without recording his evidence.
btender the witness for cross-examination only, under Section 142.
chave the witness prosecuted for perjury before completing the trial.
dput leading questions to and cross-examine his own witness under Section 157.
Answer: D
Section 157 BSA empowers the Court, in its discretion, to permit the party who calls a witness to put any questions to him which might be put in cross-examination, including leading questions; this is the basis for declaring a witness hostile.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the adverse party is termed
acourt examination.
bcross-examination.
cre-examination.
dexamination-in-chief.
Answer: B
Section 142 BSA defines examination-in-chief (by the party who calls the witness), cross-examination (by the adverse party), and re-examination (subsequent to cross-examination, by the party who called him).
A document is produced purporting to be a record of evidence given by a witness in a judicial proceeding, signed by the Magistrate. Under Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court shall presume that
athe document is genuine, that the statements as to the circumstances under which it was taken are true, and that the evidence was duly taken.
bthe contents of the deposition are true.
cthe witness was a competent witness.
dthe proceeding in which it was taken was lawfully constituted.
Answer: A
Section 79 BSA raises a presumption that such a record is genuine, that statements as to the circumstances in which it was taken are true, and that the evidence, statement or confession was duly taken; it does not presume the truth of the deposition's contents.
A witness in cross-examination is sought to be contradicted by a previous statement in writing made by him relative to the matter in question. Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), before such writing can be proved against him,
athe leave of the High Court must be obtained.
bhis attention must be called to those parts of the writing which are to be used for contradicting him.
cthe writing must be put to him only in re-examination.
dthe writing must first be marked as an exhibit without notice to him.
Answer: B
Section 148 of the BSA allows cross-examination as to previous statements in writing, but if it is intended to contradict the witness by the writing, his attention must, before the writing is proved, be called to those parts of it which are to be used for that purpose.
A lunatic is offered as a witness. Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), he is
acompetent only in civil and not in criminal proceedings.
bcompetent to testify unless his lunacy prevents him from understanding the questions put to him and giving rational answers.
calways incompetent to testify.
dcompetent only if a medical certificate of sanity is produced.
Answer: B
Section 124 of the BSA makes all persons competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease of body or mind, or any like cause; a lunatic is not incompetent unless his lunacy has that effect.
A is accused of receiving stolen goods and is found in possession of property soon after a theft. In the absence of any explanation, the Court may, under Section 119 (illustration (a)) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
aconclusively hold that A committed the theft.
bpresume that A is either the thief or has received the goods knowing them to be stolen.
cpresume that A is innocent of any offence.
dpresume nothing, as possession is wholly irrelevant.
Answer: B
Illustration (a) to Section 119 of the BSA allows the Court to presume that a man in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; it is a discretionary presumption.
Under Article 65 of the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property based on title is twelve years, computed from
athe date when the possession of the defendant becomes adverse to the plaintiff
bthe date of the plaintiff's demand for possession
cthe date when the defendant entered into possession
dthe date of the plaintiff's purchase
Answer: A
Article 65 prescribes twelve years running from when the defendant's possession becomes adverse to the plaintiff, not from the date of purchase or entry.
A let his shop to T. The tenancy was determined by a valid notice to quit, but T continued in possession. The period of limitation for A's suit to recover possession of the shop from T, under Article 67 of the Schedule to the Limitation Act, 1963, is
athree years from the date of the notice to quit
btwelve years from the date the tenant first refuses to vacate
ctwelve years from the date when the tenancy is determined
dthirty years from the determination of the tenancy
Answer: C
Article 67 prescribes twelve years for a landlord's suit for possession against a tenant, running from when the tenancy is determined.
The period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged, under Article 61 of the Schedule to the Limitation Act, 1963, is
athirty years
btwenty years
ctwelve years
dsixty years
Answer: A
Article 61(a) prescribes thirty years for a suit to redeem or recover possession of mortgaged immovable property, running from when the right to redeem or recover possession accrues.
P and D entered into an agreement to sell immovable property but fixed no date for performance. The period of limitation for P's suit for specific performance under Article 54 of the Schedule to the Limitation Act, 1963 is three years computed from
athe date of the plaintiff's demand for execution of the sale deed
bthe date of payment of earnest money
cthe date of execution of the agreement
dthe date when the plaintiff has notice that performance is refused
Answer: D
Under Article 54, where no date is fixed for performance, the three-year period runs from the date the plaintiff has notice that performance is refused.
a. Section 27 of the Limitation Act, 1963 extinguishes the right of a person to property where the period limited for instituting a suit for possession of that property has expired. b. As a general rule, the law of limitation only bars the remedy and does not extinguish the right. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are correct
cBoth are incorrect
da is incorrect and b is correct
Answer: B
Section 27 is the exception that extinguishes the right itself in possession suits, while the general rule is that limitation bars only the remedy and not the right; hence both statements are correct.
Under Section 18 of the Limitation Act, 1963, an acknowledgment of liability that gives a fresh start to the period of limitation must be
ain writing and signed, made before the expiration of the prescribed period
bin writing, but need not be signed by the party
coral or in writing, made at any time before the suit is filed
din writing and signed, made even after the prescribed period has expired
Answer: A
Section 18 requires the acknowledgment to be in writing, signed by the party (or his agent), and made before the prescribed period has expired; only then does a fresh period run.
Where a suit is based upon the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation
ais permanently barred once three years have elapsed from the act of fraud
bbegins to run from the date the suit is filed
cdoes not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
dbegins to run from the date the cause of action first arose
Answer: C
Section 17 postpones the commencement of limitation in cases of fraud or mistake until the plaintiff discovers, or with reasonable diligence could have discovered, the fraud or mistake.
In computing the period of limitation for any suit, appeal or application under Section 12(1) of the Limitation Act, 1963,
athe day from which the period is to be reckoned shall be included
bboth the first and the last day shall be excluded in all cases
cthe day from which the period is to be reckoned shall be excluded
dneither the first nor the last day shall be excluded
Answer: C
Section 12(1) directs that the day from which the period is to be reckoned shall be excluded in computing limitation for any suit, appeal or application.
The period of limitation for an application for the execution of a decree (other than a decree granting a mandatory injunction) under Article 136 of the Schedule to the Limitation Act, 1963 is
athirty years
bsixty days
cthree years
dtwelve years
Answer: D
Article 136 prescribes twelve years for execution of a decree, running from when the decree becomes enforceable (or, for payments at a certain date, from default).
Where the Schedule to the Limitation Act, 1963 prescribes no specific period of limitation for an application, the residuary period applicable under Article 137 is
athirty days from the date the right to apply accrues
btwelve years from the date the right to apply accrues
cthree years from the date the right to apply accrues
dninety days from the date the right to apply accrues
Answer: C
Article 137 is the residuary article for applications with no prescribed period, fixing three years computed from when the right to apply accrues.
Match the writs in List I with their descriptive feature in List II: a. Quo warranto b. Mandamus c. Certiorari d. Prohibition. I. Commands a public authority to perform a public duty II. Issued to quash an order already passed by an inferior tribunal III. Questions the legal authority of a person holding a public office IV. Forbids an inferior court from proceeding beyond its jurisdiction. Choose the correct match (a b c d).
aII IV I III
bIII I II IV
cIII I IV II
dI III IV II
Answer: B
Quo warranto questions the title to a public office, mandamus commands performance of a public duty, certiorari quashes an order already passed, and prohibition forbids an inferior court from exceeding its jurisdiction.
Dr. B.R. Ambedkar described which Article as the "heart and soul of the Constitution"?
aArticle 21
bArticle 32
cArticle 14
dArticle 19
Answer: B
Article 32, guaranteeing the right to move the Supreme Court for enforcement of Fundamental Rights, was termed by Dr. Ambedkar the very heart and soul of the Constitution.
a. The High Court can issue writs under Article 226 for the enforcement of Fundamental Rights as well as for any other purpose. b. The power of the Supreme Court under Article 32 is confined to the enforcement of the Fundamental Rights conferred by Part III. Choose the correct option.
aa is correct and b is incorrect
bBoth are incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: D
Article 226 confers a wider writ jurisdiction on High Courts ('for any other purpose' too), whereas Article 32 is limited to enforcement of Part III Fundamental Rights.
Match the following Articles with their subject matter: a. Article 20(1) b. Article 20(2) c. Article 20(3) d. Article 22. I. Protection against double jeopardy II. Protection against ex post facto law III. Rights of a person arrested and detained IV. Protection against self-incrimination. Choose the correct match (a b c d).
aIV I II III
bII I IV III
cII IV I III
dI II III IV
Answer: B
Article 20(1) bars ex post facto laws, Article 20(2) bars double jeopardy, Article 20(3) protects against self-incrimination, and Article 22 deals with rights on arrest and detention.
Which one of the following Directive Principles was inserted by the Constitution (42nd Amendment) Act, 1976 and directs the State to ensure the separation of the judiciary from the executive in the public services of the State?
aArticle 48A
bArticle 50
cArticle 43A
dArticle 39A
Answer: B
Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State; Articles 39A, 43A and 48A were the new Directive Principles added by the 42nd Amendment.
Under Article 124, a Judge of the Supreme Court holds office until he attains the age of
aSixty-two years
bSeventy years
cSixty-five years
dSixty years
Answer: C
Article 124(2) provides that a Judge of the Supreme Court holds office until he attains the age of sixty-five years; the retirement age for a High Court Judge under Article 217 is sixty-two years.
a. A proclamation of emergency under Article 352 must be approved by both Houses of Parliament within one month from the date of its issue. b. Under Article 356 (President's Rule), a proclamation, unless revoked, ceases to operate at the expiration of six months from the date of issue unless approved by Parliament. Choose the correct option.
aa is correct and b is incorrect
bBoth are incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: D
Post the 44th Amendment, a national emergency proclamation must be approved within one month; under Article 356 the initial proclamation operates for six months and may be extended by Parliamentary approval.
The right to property, after the Constitution (44th Amendment) Act, 1978, ceased to be a Fundamental Right and now exists as a constitutional/legal right under
aArticle 31C
bArticle 300A
cArticle 19(1)(f)
dArticle 31
Answer: B
The 44th Amendment omitted Article 19(1)(f) and Article 31 and inserted Article 300A, making the right to property a constitutional/legal right and not a Fundamental Right.
The expression "procedure established by law" appearing in Article 21 of the Constitution was given an expanded meaning, importing the requirement that such procedure must be fair, just and reasonable, in
aA.K. Gopalan v. State of Madras
bADM Jabalpur v. Shivkant Shukla
cManeka Gandhi v. Union of India
dState of Madras v. V.G. Row
Answer: C
In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the procedure under Article 21 must be right, just and fair and not arbitrary, overruling the narrow view in A.K. Gopalan.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of kidnapping from lawful guardianship is committed where a person takes or entices a child below the age of
aEighteen years, irrespective of sex
bSixteen years, irrespective of sex
cSixteen years if a male and eighteen years if a female
dTwelve years, irrespective of sex
Answer: A
Section 137(1)(b) BNS uses a uniform age of below eighteen years for a child of either sex, doing away with the old IPC Section 361 distinction of sixteen years for boys and eighteen years for girls.
A finds the key of Z's house-door which Z had lost, and enters Z's house by opening the door with that key, with intent to commit an offence. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
aMischief under Section 324
bTheft under Section 303
cHouse-trespass under Section 329
dHouse-breaking
Answer: C
Entry by opening a door with a found key, without breaking, amounts only to house-trespass and not house-breaking; criminal trespass and house-trespass are dealt with under Section 329 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of causing death by a rash or negligent act not amounting to culpable homicide is dealt with under
aSection 100
bSection 108
cSection 105
dSection 106
Answer: D
Section 106 BNS punishes causing death by any rash or negligent act not amounting to culpable homicide, with enhanced punishment where the offender escapes without reporting the incident to police or magistrate.
A shakes his fist at Z, intending thereby to cause Z to apprehend that A is about to strike Z. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
aCriminal intimidation
bAssault
cCriminal force
dAffray
Answer: B
Making a gesture intending to cause another to apprehend that criminal force is about to be used constitutes assault and not criminal force; the BNS retains this distinction (assault provisions in Section 130 onwards).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined and punished under
aSection 69
bSection 61
cSection 120
dSection 45
Answer: B
Section 61 BNS defines and punishes criminal conspiracy; where the conspiracy is to commit an offence punishable with death, life imprisonment or rigorous imprisonment for two years or more, the conspirators are punished as if they had abetted the offence.
A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement, receives the price, and afterwards breaks the contract without delivering the bags, no fraudulent intention being shown at the inception. Under the Bharatiya Nyaya Sanhita, 2023, A has
aCommitted dishonest misappropriation under Section 314
bCommitted criminal breach of trust under Section 316
cNot committed cheating and is only liable to a civil action for breach of contract
dCommitted cheating under Section 318
Answer: C
Cheating under Section 318 BNS requires fraudulent or dishonest intention existing at the time of the inducement; a mere subsequent breach of contract without such initial intent gives rise only to civil liability.
Under the Bharatiya Nyaya Sanhita, 2023, abetment of the suicide of a child or a person of unsound mind is a distinct offence dealt with under
aSection 45
bSection 108
cSection 106
dSection 107
Answer: D
Section 107 BNS creates a distinct, aggravated offence of abetment of suicide of a child or a person of unsound mind, whereas Section 108 BNS deals with abetment of suicide generally.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating by personation is specifically dealt with under
aSection 322
bSection 316
cSection 318
dSection 319
Answer: D
While cheating generally is covered by Section 318 BNS, cheating by personation - pretending to be some other person, or knowingly substituting one person for another - is specifically punished under Section 319 BNS.
A voluntarily causes grievous hurt to Z by means of a knife. Under the Bharatiya Nyaya Sanhita, 2023, the appropriate penal provision is
aSection 116
bSection 118
cSection 117
dSection 115
Answer: B
Section 118 BNS punishes voluntarily causing hurt or grievous hurt by dangerous weapons or means, consolidating the old Sections 324 and 326 IPC; it applies where an instrument such as a knife is used.
A wrongfully keeps Z within a walled enclosure so as to prevent Z from proceeding in any direction beyond a certain circumscribing limit. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
aWrongful confinement under Section 127
bAssault under Section 130
cCriminal intimidation under Section 351
dWrongful restraint under Section 126
Answer: A
Where a person is restrained in such a manner as to prevent him from proceeding beyond certain circumscribing limits, the offence is wrongful confinement under Section 127 BNS, distinct from mere wrongful restraint under Section 126 BNS.
Under Section 15 of the Maharashtra Rent Control Act, 1999, a landlord cannot institute a suit for recovery of possession against a tenant on the ground of non-payment of standard rent or permitted increases until the expiration of :
aThirty days after notice in writing of the demand
bNinety days after notice in writing of the demand
cOne hundred twenty days after notice in writing of the demand
dSixty days after notice in writing of the demand
Answer: B
Section 15 bars a possession suit on the ground of arrears until ninety days have expired after a written notice of demand served in the manner provided in Section 106 of the Transfer of Property Act, 1882.
For the purposes of Section 16(1)(b) of the Maharashtra Rent Control Act, 1999 (erection of a permanent structure without the landlord's written consent), which of the following is expressly NOT treated as a permanent structure ?
aA permanent loft of concrete
bA pucca brick wall raised to the roof
cA false ceiling
dA masonry mezzanine floor
Answer: C
The Explanation to Section 16(1)(b) excludes items such as a false ceiling, wooden partition, cooking platform, door, lattice work and air-conditioner from the expression 'permanent structure'.
Under Section 16(1)(n) of the Maharashtra Rent Control Act, 1999, a landlord may recover possession where the premises have not been used, without reasonable cause, for the purpose for which they were let, for a continuous period of :
aTwelve months
bThree months
cSix months
dTwo years
Answer: C
Section 16(1)(n) makes non-user of the premises without reasonable cause for the let purpose, for a continuous period of six months, a ground for recovery of possession.
Under Section 55 of the Maharashtra Rent Control Act, 1999, the responsibility of getting an agreement for leave and licence or letting of premises registered under the Registration Act, 1908 lies on :
aThe tenant or licensee
bThe landlord
cBoth landlord and tenant jointly
dThe Competent Authority
Answer: B
Section 55(2) places the responsibility of registering such agreement on the landlord, and in the absence of a registered agreement the tenant's contention about the terms shall prevail unless proved otherwise.
A landlord who contravenes Section 55 of the Maharashtra Rent Control Act, 1999 by failing to get the tenancy/leave-and-licence agreement registered shall, on conviction, be punished with imprisonment which may extend to :
aThree months or fine not exceeding rupees five thousand or both
bSix months or fine not exceeding rupees ten thousand or both
cOne year or fine not exceeding rupees one thousand or both
dOne month or fine not exceeding rupees two thousand or both
Answer: A
Section 55(3) prescribes imprisonment which may extend to three months, or fine not exceeding rupees five thousand, or both, for a landlord contravening the compulsory-registration requirement.
Under Section 33 of the Maharashtra Rent Control Act, 1999, the court having jurisdiction to entertain and try a suit between landlord and tenant relating to recovery of rent or possession of premises situated 'elsewhere' (i.e. outside Brihan-Mumbai and outside areas with a Court of Small Causes) is :
aThe Court of Small Causes nearest to the premises
bThe Court of the Metropolitan Magistrate
cThe District Court of the district
dThe court of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate
Answer: D
Section 33(1)(c) vests jurisdiction 'elsewhere' in the court of the Civil Judge (Junior Division) having jurisdiction over the area; only if there is no such Civil Judge does the Civil Judge (Senior Division) take cognizance.
Under Section 11(2) of the Maharashtra Rent Control Act, 1999, a landlord may make a reasonable increase in rent on account of an improvement or structural alteration of the premises only if it has been made with the written consent of :
aSixty per cent of the tenants
bFifty per cent of the tenants
cSeventy per cent of the tenants
dAll of the tenants
Answer: C
Section 11(2) permits such an increase only where the improvement or structural alteration has been made with the written consent of seventy per cent of the tenants.
Under Section 7(9) of the Maharashtra Rent Control Act, 1999, the definition of 'premises' expressly does NOT include :
aA room or other accommodation in a hotel or lodging house
bA fitting affixed to the building for its more beneficial enjoyment
cA garage appurtenant to the building
dGardens, grounds and out-houses appurtenant to the building
Answer: A
Section 7(9) defines 'premises' to include appurtenant gardens, grounds, garages, out-houses and fittings, but expressly excludes a farm building and a room or other accommodation in a hotel or lodging house.
Under Section 21 of the Maharashtra Rent Control Act, 1999, a landlord who has obtained possession for erecting a new building must intimate to the tenant the date of completion of the new building or floor by giving notice not less than :
aNine months before the date of completion
bOne month before the date of completion
cSix months before the date of completion
dThree months before the date of completion
Answer: D
Section 21(1) requires the landlord to give the tenant not less than three months' notice before the date on which the erection of the new building or floor will be completed.
Under Section 7(14)(b) of the Maharashtra Rent Control Act, 1999, where the standard rent or fair rent of premises has not been fixed by a court, the standard rent is determined (subject to Sections 6 and 8) with reference to the rent at which the premises were let on :
aThe 1st day of April 1973
bThe 31st day of March 2000
cThe 1st day of October 1987
dThe 7th day of December 1996
Answer: C
Section 7(14)(b) fixes the reference date as the 1st day of October 1987 — the rent at which the premises were let on that date (or, if not then let, the rent at which they were last let before that day plus 5 per cent).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, forensic investigation including visit of a forensic expert to the crime scene to collect forensic evidence is mandatory for offences punishable with imprisonment for a term of :
aFive years or more
bThree years or more
cSeven years or more
dTen years or more
Answer: C
Section 176(3) BNSS, 2023 makes forensic investigation mandatory for offences punishable with imprisonment of seven years or more, requiring a forensic expert to visit the crime scene and record the process electronically.
A novel feature introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023, not present in the Code of Criminal Procedure, 1973, is the provision for :
aTrial in absentia of a proclaimed offender
bTender of pardon to an accomplice
cCompounding of offences
dAnticipatory bail
Answer: A
Section 356 BNSS, 2023 newly provides for trial and pronouncement of judgment in absentia of a proclaimed offender after a waiting period following framing of charge, a procedure absent under the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the recording of the process of search and seizure through audio-video electronic means by the police officer is :
aMandatory, preferably by mobile phone
bOptional in all cases
cProhibited to protect privacy
dRequired only with the prior sanction of the Magistrate
Answer: A
Section 105 BNSS, 2023 makes it mandatory to record the conduct of search and the preparation of the seizure list through audio-video electronic means, preferably a mobile phone, and to forward the recording to the Magistrate.
Consider the following statements on default bail under the Bharatiya Nagarik Suraksha Sanhita, 2023. Statement (I) : An accused is entitled to be released on bail if the investigation is not completed within ninety days where the offence is punishable with death, life imprisonment or imprisonment of ten years or more. Statement (II) : For all other offences, the period is sixty days.
aBoth statements are correct
bStatement (I) is correct, (II) is incorrect
cStatement (II) is correct, (I) is incorrect
dBoth statements are incorrect
Answer: A
Section 187 BNSS, 2023 retains the default-bail periods of ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for all other offences.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for mercy petition by or on behalf of a convict sentenced to death is dealt with under :
aSection 432
bSection 458
cSection 393
dSection 472
Answer: D
Section 472 BNSS, 2023 lays down a statutory procedure and timeline for filing of a mercy petition in death-sentence cases, a feature newly codified in the Sanhita.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, "bailable offence" means an offence :
aWhich is triable exclusively by a Magistrate
bFor which the maximum punishment does not exceed three years
cIn which bail may be granted only by a Court of Session
dWhich is shown as bailable in the First Schedule or made bailable by any other law for the time being in force
Answer: D
Section 2(1)(c) BNSS, 2023 defines a bailable offence as one shown as bailable in the First Schedule or made bailable by any other law in force, and a non-bailable offence as any other offence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, on completion of investigation, the Magistrate is required to furnish to the accused and the victim copies of the police report and the documents accompanying it under :
aSection 193
bSection 207
cSection 230
dSection 173
Answer: C
Section 230 BNSS, 2023 requires the Magistrate to supply, free of cost, copies of the police report and accompanying documents to the accused and the victim, ordinarily within fourteen days of production or appearance.
A search-warrant for a person believed to be wrongfully confined under circumstances amounting to an offence may, under the Bharatiya Nagarik Suraksha Sanhita, 2023, be issued by :
aA District Magistrate only
bA District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the First Class
cA Sub-Divisional Magistrate only
dA Magistrate of the First Class only
Answer: B
Section 100 BNSS, 2023 (corresponding to Section 97 CrPC) empowers a District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the First Class to issue a search-warrant for a person wrongfully confined.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or victim of the progress of the investigation, including by electronic communication, within a period of :
aSixty days
bThirty days
cNinety days
dOne hundred and eighty days
Answer: C
Section 193 BNSS, 2023 requires the investigating officer to inform the informant or victim about the progress of the investigation within ninety days, including through electronic communication.
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force and the Code of Criminal Procedure, 1973 stood repealed (subject to the savings clause) with effect from :
a1st July, 2024
b1st April, 2024
c15th August, 2024
d26th January, 2024
Answer: A
The BNSS, 2023 came into force on 1st July, 2024, and Section 531 thereof repealed the Code of Criminal Procedure, 1973, with a savings clause preserving continuity of pending proceedings.
Which of the following contracts cannot be specifically enforced under Section 14 of the Specific Relief Act, 1963 (as amended in 2018) ?
aA contract where a standard exists for ascertaining the actual damage
bA contract for the sale of immovable property
cA contract in respect of which the party suing has obtained substituted performance under Section 20
dA contract the breach of which can be compensated only by an uncertain amount of money
Answer: C
Under the amended Section 14(a), a contract for which the party suing has obtained substituted performance under Section 20 cannot be specifically enforced.
Under Section 20 of the Specific Relief Act, 1963 (as substituted by the 2018 Amendment), before obtaining substituted performance of a contract from a third party at the cost of the party in breach, the affected party must give a notice in writing of not less than :
aFifteen days
bSixty days
cNinety days
dThirty days
Answer: D
Section 20(2) requires the party suffering breach to give a notice in writing of not less than thirty days to the party in breach calling upon it to perform, before having the contract performed by a third party or his own agency.
In a suit for specific performance of a contract for the transfer of immovable property forming part of a notified infrastructure project, under Section 20A of the Specific Relief Act, 1963 the court :
aMay grant an injunction only with the consent of the Central Government
bShall grant an injunction in every case to protect the contract
cMust dismiss the suit for want of jurisdiction
dShall not grant an injunction where it would cause impediment or delay in the progress or completion of such infrastructure project
Answer: D
Section 20A, inserted by the 2018 Amendment, bars the grant of an injunction in a suit concerning a contract relating to an infrastructure project where granting it would cause impediment or delay in the progress or completion of the project.
Under Section 16(c) of the Specific Relief Act, 1963, where a contract involves payment of money by the plaintiff, it is :
aEssential for the plaintiff to actually tender the money to the defendant before suit
bEssential for the plaintiff to deposit the entire amount in court before suit
cSufficient merely to allege a willingness without any proof
dNot essential to actually tender or deposit the money, but the plaintiff must aver and prove readiness and willingness to perform
Answer: D
The Explanation to Section 16(c) clarifies that the plaintiff need not actually tender money to the defendant or deposit it in court except when so directed, but must aver and prove that he has performed or was always ready and willing to perform the essential terms.
Specific performance of a contract may NOT be obtained in favour of :
aA company arising out of an amalgamation with a contracting company
bAny party to the contract
cA person who is a stranger to the contract and claims no interest under it
dThe representative in interest or the principal of any party to the contract
Answer: C
Under Section 15, specific performance may be obtained only by the parties to the contract or persons claiming through or under them; a total stranger to the contract cannot sue for its specific performance.
Under Section 31 of the Specific Relief Act, 1963, a person may sue to have a written instrument adjudged void or voidable where :
aThe instrument is void or voidable against him and he has reasonable apprehension that, if left outstanding, it may cause him serious injury
bA third party requests its cancellation
cHe merely dislikes the terms of the instrument
dThe instrument has been duly registered, regardless of any apprehension of injury
Answer: A
Section 31(1) permits a person against whom a written instrument is void or voidable, and who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable and delivered up and cancelled.
Where the court decrees cancellation of an instrument that had been registered under the Indian Registration Act, 1908, under Section 31(2) of the Specific Relief Act it shall send a copy of its decree to :
aThe District Court
bThe Revenue Commissioner
cThe officer in whose office the instrument was so registered
dThe Collector of the district
Answer: C
Section 31(2) requires the court to send a copy of its cancellation decree to the officer in whose office the instrument was registered, who shall note the fact of cancellation on the copy of the instrument in his books.
Under the proviso to Section 34 of the Specific Relief Act, 1963, a court shall make NO declaration of legal character or right where the plaintiff :
aIs a minor suing through a guardian
bIs in possession of the property in dispute
cBeing able to seek further relief than a mere declaration, omits to do so
dHas already filed an appeal in a connected matter
Answer: C
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief than a mere declaration of title, omits to seek it, so as to avoid multiplicity of suits.
Consider the following statements under the Specific Relief Act, 1963 : Statement (I) : Specific relief can be granted only for the purpose of enforcing individual civil rights. Statement (II) : Specific relief can be granted for the mere purpose of enforcing a penal law.
aBoth statements are correct
bBoth statements are incorrect
cStatement (I) is correct, (II) is incorrect
dStatement (II) is correct, (I) is incorrect
Answer: C
Section 4 provides that specific relief can be granted only for enforcing individual civil rights and not for the mere purpose of enforcing a penal law, so Statement (I) is correct and Statement (II) is incorrect.
Under the Sale of Goods Act, 1930, where the transfer of property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called
aa hire-purchase
ba sale
ca bailment
dan agreement to sell
Answer: D
Section 4(3) of the Sale of Goods Act, 1930 provides that where property is to pass at a future time or subject to a condition, the contract is an 'agreement to sell'; it becomes a 'sale' when the time elapses or the condition is fulfilled (S.4(4)).
a. As a general rule under the Sale of Goods Act, 1930, there is no implied warranty or condition as to the quality or fitness of goods for any particular purpose. b. Where the buyer makes known to the seller the particular purpose and relies on the seller's skill or judgment, there is an implied condition that the goods shall be reasonably fit for that purpose. Choose the correct option.
aBoth are correct
bBoth are incorrect
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: A
Section 16 of the Sale of Goods Act, 1930 embodies the rule of caveat emptor (no implied condition as to quality/fitness) while Section 16(1) is the exception where the buyer makes known the purpose and relies on the seller's skill or judgment.
Under the Sale of Goods Act, 1930, a stipulation in a contract of sale which is collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods, is
aa warranty
ba guarantee
ca condition
da representation
Answer: A
Section 12 of the Sale of Goods Act, 1930 defines a warranty as a stipulation collateral to the main purpose of the contract, breach of which gives a right to claim damages but not a right to reject the goods and treat the contract as repudiated.
Under the Sale of Goods Act, 1930, the 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 become insolvent before delivery
dthe whole of the price has not been paid or tendered
Answer: A
Section 45(1) of the Sale of Goods Act, 1930 defines an 'unpaid seller' as one to whom the whole price has not been paid or tendered, or where a negotiable instrument received as conditional payment has been dishonoured.
Where goods are sold by a person who is not the owner and who sells them without the authority or consent of the owner, the buyer, as a general rule under the Sale of Goods Act, 1930
aacquires title only if the price is fully paid
bacquires title only after one year of peaceful possession
cacquires no better title to the goods than the seller had
dacquires a good title regardless of the seller's want of title
Answer: C
Section 27 of the Sale of Goods Act, 1930 embodies the maxim nemo dat quod non habet: the buyer acquires no better title than the seller had, subject to the exceptions provided in the Act.
Under the Sale of Goods Act, 1930, where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until
athirty days have elapsed from delivery
bhe has had a reasonable opportunity of examining them for conformity with the contract
cthe seller demands payment
dhe has paid the full price
Answer: B
Section 41 of the Sale of Goods Act, 1930 gives the buyer a right, on request, to a reasonable opportunity of examining the goods to ascertain whether they are in conformity with the contract before he is deemed to have accepted them.
Under the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Such relation arises from
acontract
binheritance
coperation of law
dstatus
Answer: A
Section 4 of the Indian Partnership Act, 1932 defines partnership, and Section 5 expressly provides that the relation of partnership arises from contract and not from status.
Under the Indian Partnership Act, 1932, where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is
aa particular partnership
bvoid for uncertainty
ca limited partnership
da partnership at will
Answer: D
Section 7 of the Indian Partnership Act, 1932 provides that where no provision is made for the duration or determination of the partnership, it is a 'partnership at will'.
A person who was admitted to the benefits of partnership during his minority elects, on attaining majority, to become a partner. Under Section 30 of the Indian Partnership Act, 1932, within what period of attaining majority (or of obtaining knowledge of his admission, whichever is later) must he give public notice of his election to become or not to become a partner?
aSix months
bTwo years
cOne year
dThree months
Answer: A
Section 30(5) of the Indian Partnership Act, 1932 provides that within six months of attaining majority, or of obtaining knowledge of his admission to the benefits of partnership, whichever is later, such person may give public notice of his election.
a. Under Section 69 of the Indian Partnership Act, 1932, an unregistered firm cannot institute a suit to enforce a right arising from a contract against a third party. b. The non-registration of a firm does not affect the right of a third party to sue the firm. 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
Section 69 of the Indian Partnership Act, 1932 disables an unregistered firm from suing third parties to enforce contractual rights, but Section 69(3) preserves the right of a third party to sue the firm.
A, having no title, fraudulently sells land to B representing he is the owner. A later inherits that very land from his deceased father. B, who is not aware of A's want of title at the time of contract, opts to take the property. As per Section 43 of the Transfer of Property Act, 1882,
athe sale remains wholly void as A had no title when he executed it
bB can compel A to transfer the interest A subsequently acquired, at B's option
cB's only remedy is damages for breach of contract
dthe interest passes automatically to B the moment A inherits, without B's option
Answer: B
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to claim the interest the transferor subsequently acquires, where the transfer was for consideration and the transferee did not have notice of the want of title.
a. Under Section 52 of the Transfer of Property Act, a transfer of immovable property made during the pendency of a suit in which a right to that property is directly and specifically in question is absolutely void. b. Such a transfer made during pendency does not affect the rights of any other party under any decree that may be made in the suit. Choose the correct option.
aBoth are incorrect
ba is correct and b is incorrect
cBoth are correct
da is incorrect and b is correct
Answer: D
The doctrine of lis pendens under Section 52 does not annul the transfer; the transfer is valid between the parties but is subject to, and cannot affect the rights of any other party under, the decree in the pending suit.
Which of the following is NOT a requirement for a transferee to claim protection under the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThere is a contract to transfer immovable property for consideration, in writing signed by the transferor
bThe transferee has performed or is willing to perform his part of the contract
cThe contract has been duly registered under the Registration Act
dThe transferee has taken possession, or being already in possession, continues in possession in part performance of the contract
Answer: C
Section 53A applies precisely where the writing is not a registered/completed transfer; registration of the contract is not a requirement. The defence rests on a written, signed contract, possession in part performance, and willingness to perform.
A agrees in writing to sell his house to B for Rupees ten lakh and accepts earnest money, but no sale deed is executed. Before any deed is made, A purports to sell the same house to C. As per the concluding paragraph of Section 54 of the Transfer of Property Act, 1882, the contract for sale in favour of B
aof itself creates an interest in the property in favour of B
boperates as an equitable mortgage of the property
cof itself creates a charge on the property in favour of B
ddoes not, of itself, create any interest in or charge on the property
Answer: D
The last paragraph of Section 54 declares that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property; it only creates a personal obligation enforceable by specific performance.
A sale of tangible immovable property of the value of one hundred rupees and upwards, under Section 54 of the Transfer of Property Act, 1882, can be made
aonly by a registered instrument
bby an unregistered instrument attested by two witnesses
cby an oral agreement followed by part payment
dby delivery of possession alone
Answer: A
Section 54 mandates that in the case of tangible immovable property of value one hundred rupees and upwards, sale can be made only by a registered instrument; delivery suffices only for tangible immovable property of value less than one hundred rupees.
Under Section 58 of the Transfer of Property Act, 1882, a transaction in which the mortgagor binds himself personally to pay the mortgage-money and, without delivering possession, agrees that the mortgagee may cause the mortgaged property to be sold on default, is
aa simple mortgage
ba usufructuary mortgage
ca mortgage by conditional sale
dan English mortgage
Answer: A
Section 58(b) defines a simple mortgage as one where the mortgagor binds himself personally to pay and, without delivering possession, agrees that on default the mortgagee shall have the right to cause the property to be sold.
Under Section 58 of the Transfer of Property Act, 1882, in a transaction where the mortgagor delivers possession of the property to the mortgagee and authorises him to retain such possession until payment, and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, the mortgage is
aa simple mortgage
ban English mortgage
ca mortgage by deposit of title-deeds
da usufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage as one where the mortgagor delivers possession and authorises the mortgagee to retain it and appropriate rents and profits towards interest or principal, with no personal liability to pay.
A lease of immovable property for manufacturing purposes, in the absence of a contract, local law or usage to the contrary, is, under Section 106 of the Transfer of Property Act, 1882, deemed to be
aa lease from year to year, terminable by six months' notice expiring with the end of a year of the tenancy
ba lease from month to month, terminable by fifteen days' notice
ca lease for a fixed term of one year, not terminable by notice
da lease at will, terminable at any time without notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes, absent contract or usage, to be a lease from year to year terminable by six months' notice expiring with the end of a year of the tenancy.
a. Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. b. All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. 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 107 requires a registered instrument only for leases year-to-year, exceeding one year, or reserving yearly rent; all other leases may be made by registered instrument or by oral agreement accompanied by delivery of possession.
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