Maharashtra Judiciary Mock Test 4 — Questions & Solutions
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A second appeal under Section 100 of the Code of Civil Procedure 1908 to the High Court lies only :
aWhere the value of the subject-matter exceeds one lakh rupees
bOn any question of law or fact
cWhere the lower appellate court has erred on a question of fact
dWhere the case involves a substantial question of law
Answer: D
After the 1976 amendment, Section 100 CPC permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which it must formulate.
Where a Court may make an order referring a dispute for settlement outside the Court under Section 89 of the Code of Civil Procedure 1908, the modes prescribed include :
aAll of the above
bConciliation
cJudicial settlement including settlement through Lok Adalat, or mediation
dArbitration
Answer: A
Section 89(1) CPC provides for settlement of disputes through arbitration, conciliation, judicial settlement including Lok Adalat, and mediation.
An ex parte decree passed against a defendant may be set aside on an application under Order IX Rule 13 of the Code of Civil Procedure 1908, where the Court is satisfied that :
aThe defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing
bEither (a) or (b)
cThe defendant has a meritorious defence on the facts alone
dThe summons was not duly served
Answer: B
Order IX Rule 13 CPC permits an ex parte decree to be set aside if the summons was not duly served, or the defendant was prevented by sufficient cause from appearing.
The doctrine of res judicata enacted in Section 11 of the Code of Civil Procedure 1908 bars the Court from trying any suit or issue in which the matter directly and substantially in issue :
aWas directly and substantially in issue in a former suit between the same parties, heard and finally decided by a competent Court
bCould merely have been raised in a former suit
cIs pending in another Court of concurrent jurisdiction
dHas been the subject of a compromise outside Court
Answer: A
Section 11 CPC bars retrial where the matter was directly and substantially in issue between the same parties in a former suit, litigating under the same title, and finally decided by a competent Court.
Under the proviso to Section 60 of the Code of Civil Procedure 1908, which of the following is NOT liable to attachment and sale in execution of a decree :
aHouses and other buildings belonging to an agriculturist, occupied by him
bTools of artisans and, where the judgment-debtor is an agriculturist, his implements of husbandry and necessary cattle
cWearing-apparel, cooking vessels, beds and bedding of the judgment-debtor
dAll of the above
Answer: D
The proviso to Section 60(1) CPC exempts from attachment, inter alia, an agriculturist's dwelling house, tools of artisans, implements of husbandry and necessary cattle, and wearing-apparel, cooking vessels, beds and bedding.
Where a suit abates or is dismissed under Order XXII of the Code of Civil Procedure 1908 owing to the failure to bring the legal representative of a deceased plaintiff on record :
aNo fresh suit shall be brought on the same cause of action
bA fresh suit may be brought on the same cause of action without any restriction
cThe decree is treated as a nullity
dThe suit automatically revives upon the legal representative appearing
Answer: A
Under Order XXII Rule 9 CPC, where a suit abates or is dismissed under that Order, no fresh suit shall be brought on the same cause of action; the remedy is an application to set aside the abatement on sufficient cause.
Where a suit is for the recovery of possession of immovable property and for mesne profits, the Court may pass a decree directing an inquiry as to mesne profits from :
aThe date of dispossession until the delivery of possession to the decree-holder
bThe date of judgment until the delivery of possession to the decree-holder
cThe institution of the suit until the delivery of possession to the decree-holder, for a period not exceeding three years
dThe date of decree until the delivery of possession to the decree-holder
Answer: C
Order XX Rule 12 CPC permits a decree for mesne profits from institution of the suit until delivery of possession, or until the expiration of three years from the date of the decree, whichever first occurs.
Consider the following statements : Statement (I) : A Court may appoint a receiver of any property before the decree. Statement (II) : The removal of any person from the possession or custody of property cannot be ordered while appointing a receiver.
aBoth statements are correct
bStatement (I) is correct, (II) is incorrect
cStatement (II) is correct, (I) is incorrect
dBoth statements are incorrect
Answer: B
Under Order XL Rule 1 CPC a Court may appoint a receiver before decree, so Statement (I) is correct; the same provision empowers the Court to remove any person from possession or custody of the property, so Statement (II) is incorrect.
On the application of any party entitled to any benefit by way of restitution under Section 144 of the Code of Civil Procedure 1908, where a decree is varied or reversed in any appeal :
aThe Court which passed the decree shall cause such restitution to be made as will place the parties in the position they would have occupied
bRestitution can only be ordered by the appellate Court itself
cThe party must institute a fresh suit for restitution
dNo restitution is permissible once the decree has been executed
Answer: A
Section 144 CPC requires the Court of first instance, on application, to cause restitution to be made so as to place the parties in the position they would have occupied but for the decree that has been varied or reversed; a separate suit is barred.
The expression "mesne profits" of property under the Code of Civil Procedure 1908 means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest, but :
aExcluding any interest on such profits
bIncluding the value of the property itself
cNot including profits due to improvements made by the person in wrongful possession
dIncluding profits due to improvements made by the person in wrongful possession
Answer: C
Under Section 2(12) CPC, mesne profits include profits actually received or which might have been received with ordinary diligence, together with interest, but do not include profits due to improvements made by the person in wrongful possession.
A, accused of murder and in police custody, tells the investigating officer, "I will show you where I buried the knife," and leads the police to a field from where the knife is recovered. Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), what portion of A's statement is provable?
aNothing, because any statement made to a police officer in custody is wholly inadmissible
bSo much of the information as relates distinctly to the fact thereby discovered, namely the recovery of the knife
cOnly the statement if it is first reduced to writing and signed by a Magistrate
dThe entire statement including the confession that he committed the murder
Answer: B
The proviso to Section 23(2) of the BSA (which carries forward the bars in Section 23(1) and Section 23(2)) allows only so much of the information, whether amounting to a confession or not, as relates distinctly to the fact thereby discovered to be proved; the disclosure leading to recovery of the knife is admissible.
a. A confession made to a police officer cannot be proved against a person accused of any offence. b. A confession by an accused while in police custody, made in the immediate presence of a Magistrate, may be proved against him. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: D
Section 23(1) of the BSA bars proof of a confession made to a police officer, while Section 23(2) of the BSA allows a custodial confession made in the immediate presence of a Magistrate to be proved. Both statements are correct.
A dictates a statement as to the cause of his death to a Magistrate, who records it. The declarant survives. In a trial for an offence in which the cause of that injury is in question, the statement under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is
ainadmissible because the declarant is alive and can be examined as a witness
balways admissible regardless of whether the declarant lives or dies
cadmissible only if recorded by a Judicial Magistrate on oath
dadmissible as a dying declaration only if the declarant subsequently dies of the injury
Answer: D
Under Section 26(a) of the BSA a statement as to the cause of death becomes relevant as a dying declaration only when the person who made it is dead; if the declarant survives, the statement is not admissible under Section 26(a) and the declarant must be examined as an ordinary witness.
The prosecution seeks to prove the contents of CCTV footage by producing a printout of the footage without the certificate prescribed by law. Following Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 (now applied under the Bharatiya Sakshya Adhiniyam, 2023), the printout is
ainadmissible as secondary evidence of an electronic record unless accompanied by a certificate under Section 63(4)
badmissible because Section 60 alone governs proof of electronic records
cadmissible as primary evidence requiring no certificate
dadmissible if merely identified by any eyewitness on oath
Answer: A
Under Section 63(4) of the BSA (the successor to Section 65B IEA, applying Anvar P.V. v. P.K. Basheer), secondary evidence of the contents of an electronic record is inadmissible unless the prescribed certificate is produced; Section 63 forms a complete code for electronic records.
A is charged with culpable homicide. He pleads that he caused the death while exercising the right of private defence, a General Exception under the Bharatiya Nyaya Sanhita, 2023. As to this plea, under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
athe burden of proving the existence of circumstances bringing the case within the exception is on the accused, and the Court shall presume the absence of such circumstances
bthe accused need only create a doubt; the burden never shifts to him
cthe prosecution must prove beyond reasonable doubt that the exception does not apply
dno burden lies on either party as the Court must investigate the matter itself
Answer: A
Section 108 of the BSA places the burden of proving that the case falls within a General Exception (or any special exception/proviso) of the Bharatiya Nyaya Sanhita, 2023 on the accused, and directs the Court to presume the absence of such circumstances.
A child was born during the continuance of a valid marriage between his mother and her husband. In a paternity dispute, what does Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provide as to legitimacy?
aIt is conclusive proof that may never be displaced by any evidence whatsoever
bIt is conclusive proof of legitimacy unless non-access of the parties at the time the child could have been begotten is shown
cIt applies only to children born within 180 days of the marriage
dIt raises only a rebuttable presumption that may be displaced by a mere balance of probabilities
Answer: B
Section 116 of the BSA makes birth during a valid marriage conclusive proof of legitimacy, the sole exception being proof that the parties had no access to each other when the child could have been begotten.
In the course of a trial, the party who called a witness finds him hostile and wishes to put leading questions and cross-examine him. Under Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the party may do so
aonly with the permission of the Court
bas of right, without any permission
cnever, because a party can never question its own witness in the manner of cross-examination
donly after the witness has been formally declared an accomplice
Answer: A
Section 157 of the BSA permits the party calling a witness to put questions in cross-examination (including leading questions) to its own witness, but only in the discretion and with the leave of the Court.
a. Oral evidence in all cases must be direct, that is, of a person who himself perceived the fact by the sense concerned. b. The opinion of a person specially skilled in handwriting that two writings were made by the same person is a relevant fact. Choose the correct option in respect of the above statements under the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
aBoth are incorrect
ba is correct and b is incorrect
cBoth are correct
da is incorrect and b is correct
Answer: C
Section 55 of the BSA requires oral evidence to be direct, and Section 39 of the BSA makes the opinion of an expert as to identity of handwriting a relevant fact. Both statements are correct.
The examination of a witness by the party who calls him is called examination-in-chief; the examination by the adverse party is called cross-examination. Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness, subsequent to the cross-examination, by the party who called him is called
asupplementary cross-examination
bfurther examination-in-chief
cre-examination
drecall of the witness
Answer: C
Section 142 of the BSA defines re-examination as the examination of a witness, subsequent to the cross-examination, by the party who called him.
A confession is made by an accused person and it appears to the Court to have been caused by an inducement having reference to the charge, proceeding from a person in authority and sufficient to give the accused reasonable grounds for supposing he would gain an advantage of a temporal nature. Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a confession is
arelevant only if it is also recorded by a Magistrate
brelevant and may be proved against the accused
crelevant against co-accused but not against the maker
dirrelevant in a criminal proceeding against the accused
Answer: D
Section 22 of the BSA renders a confession irrelevant in a criminal proceeding when it appears to have been caused by inducement, threat, coercion or promise referable to the charge, proceeding from a person in authority and sufficient to give reasonable grounds for supposing a temporal advantage would be gained.
Under the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property based on title (the title-holder being dispossessed) is __________, after which the right itself is extinguished.
aThirty years
bSix years
cTwelve years
dThree years
Answer: C
Article 65 of the Schedule prescribes twelve years (running from when the defendant's possession becomes adverse), and Section 27 extinguishes the owner's right on expiry of that period.
A debtor makes a part-payment towards a time-barred debt and the fact of payment appears in his own handwriting. The effect under the Limitation Act, 1963 is that:
aLimitation cannot be revived once the debt is barred
bThe payment merely reduces the principal but has no effect on limitation
cA fresh period of limitation is computed from the time the payment is made under Section 19
dOnly a fresh acknowledgment in writing under Section 18 can revive it
Answer: C
Section 19 provides that where part-payment of a debt is made before expiry of limitation and the payment is evidenced in writing by the person making it, a fresh period runs from the date of payment.
Under Section 5 of the Limitation Act, 1963, the discretionary power to condone delay on showing 'sufficient cause' is, by its own terms, NOT available to:
aAn application for leave to appeal
bA suit
cAn appeal
dAn application for review of judgment
Answer: B
Section 5 applies to appeals and applications (other than under Order XXI CPC) but expressly does not extend to suits; a barred suit cannot be saved by 'sufficient cause'.
The period of limitation for a suit for specific performance of a contract, where a date is fixed for performance, runs under Article 54 from:
aThe date of the contract in every case
bThe date fixed for performance
cThe date the plaintiff has notice that performance is refused, in every case
dThe date of institution of any prior suit
Answer: B
Article 54 prescribes three years; where a date is fixed it runs from that date, and only where no date is fixed does it run from when the plaintiff has notice that performance is refused.
Where a suit, appeal or application is filed in a court that is unable to entertain it for defect of jurisdiction, the time spent in prosecuting it bona fide and with due diligence is excluded in computing limitation under:
aSection 18
bSection 14
cSection 5
dSection 12
Answer: B
Section 14 provides for exclusion of time spent bona fide in a court without jurisdiction (or unable to entertain the proceeding for a like cause), distinct from condonation of delay under Section 5.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of:
aThe day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree and judgment
bOnly the day on which the appeal is filed
cThe entire period during which the appellant was negotiating settlement
dOnly the day on which the judgment was pronounced
Answer: A
Section 12 excludes the day from which the period is reckoned, the day of pronouncement of the judgment, and the time requisite for obtaining copies of the decree, sentence or order appealed from and the judgment.
Where, in the case of a fraud, the suit is founded upon the fraud of the defendant, the period of limitation under Section 17 of the Limitation Act, 1963 begins to run from:
aThe time when the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
bThe date on which the fraud was committed in every case
cThe date of institution of the suit
dThe date on which the defendant admits the fraud
Answer: A
Section 17 postpones the commencement of limitation in cases of fraud or mistake to the date of discovery, or when discovery could have been made with reasonable diligence.
The residuary Article 113 of the Limitation Act, 1963, governing a suit for which no period of limitation is provided elsewhere in the Schedule, prescribes a period of:
aOne year from when the right to sue accrues
bSix years from when the right to sue accrues
cTwelve years from when the right to sue accrues
dThree years from when the right to sue accrues
Answer: D
Article 113 (the residuary article for suits) prescribes three years, running from the date the right to sue accrues.
Article 137, the residuary article for applications, of the Limitation Act, 1963 prescribes a period of three years. In Kerala State Electricity Board v. T.P. Kunhaliumma (1976), the Supreme Court held that Article 137 applies to:
aPetitions and applications under any Act filed in a civil court, not being confined to applications under the Code of Civil Procedure
bOnly applications for execution of decrees
cAll proceedings, including those before quasi-judicial tribunals and executive authorities
dOnly applications made under the Code of Civil Procedure
Answer: A
The Court held Article 137 (period three years) is not confined to CPC applications but covers applications under any Act made to a court, while not extending to bodies other than courts.
Under Article 233 of the Constitution of India, an advocate who is 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 _____ and is recommended by the High Court.
aseven years
bfive years
cthree years
dten years
Answer: A
Article 233(2) requires that such a person must have been an advocate or pleader for not less than seven years and must be recommended by the High Court for appointment.
Under Article 233 of the Constitution of India, the appointment of persons to be, and the posting and promotion of, district judges in a State is made by the _____.
aState Public Service Commission
bHigh Court alone
cChief Justice of India in consultation with the Governor
dGovernor of the State in consultation with the High Court
Answer: D
Article 233(1) provides that appointments, postings and promotions of district judges are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding a post inferior to that of a district judge, is vested under the Constitution in the _____.
aHigh Court
bGovernor of the State
cState Public Service Commission
dState Government
Answer: A
Article 235 vests in the High Court the control over district courts and subordinate courts, including posting, promotion and grant of leave to members of the State judicial service below the rank of district judge.
a. The jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 because it extends to enforcement of fundamental rights and 'for any other purpose'. b. Unlike Article 32, a High Court has discretion to refuse to entertain a petition under Article 226. Choose the correct option.
aBoth are incorrect
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: D
The words 'for any other purpose' in Article 226, absent in Article 32, make the High Court's writ jurisdiction wider; and unlike the guaranteed remedy under Article 32, Article 226 is discretionary.
Under Article 227 of the Constitution of India, the power of superintendence of a High Court over all courts and tribunals within its territory does NOT extend to a court or tribunal constituted under any law relating to the _____.
aIndustrial Disputes
bCo-operative Societies
cArmed Forces
dRent Control
Answer: C
Article 227(4) provides that the power of superintendence does not extend to any court or tribunal constituted by or under any law relating to the Armed Forces.
'Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts' falls under which List of the Seventh Schedule, after the 42nd Constitutional Amendment, 1976?
aState List
bConcurrent List
cResiduary power of Parliament
dUnion List
Answer: B
Entry 11A of the Concurrent List covers administration of justice and the constitution and organisation of all courts except the Supreme Court and High Courts; it was shifted from the State List to the Concurrent List by the 42nd Amendment, 1976.
Under Article 312 of the Constitution of India, Parliament may provide for the creation of an All India Judicial Service only if the Rajya Sabha first passes a resolution to that effect supported by _____.
anot less than three-fourths of the total membership
bnot less than two-thirds of the members present and voting
can absolute majority of the total membership
da simple majority of the members present and voting
Answer: B
Article 312(1) requires the Rajya Sabha to pass a resolution, supported by not less than two-thirds of the members present and voting, declaring it necessary or expedient in the national interest; Article 312(3) expressly contemplates an All India Judicial Service.
A Judge of a High Court holds office, under Article 217 of the Constitution, until he attains the age of _____, whereas a Judge of the Supreme Court holds office under Article 124 until he attains the age of _____.
a65 years; 62 years
b60 years; 62 years
c62 years; 65 years
d62 years; 60 years
Answer: C
Article 217(1) fixes the retirement age of a High Court Judge at 62 years (raised from 60 by the 15th Amendment, 1963), while Article 124(2) fixes that of a Supreme Court Judge at 65 years.
a. Article 214 of the Constitution provides that there shall be a High Court for each State. b. Article 215 declares every High Court to be a court of record having the power to punish for contempt of itself. Choose the correct option.
aa is incorrect and b is correct
bBoth are correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: B
Article 214 mandates a High Court for each State and Article 215 makes every High Court a court of record with power to punish for contempt of itself; Parliament may, however, establish a common High Court for two or more States under Article 231.
In S.R. Bommai v. Union of India, (1994) 3 SCC 1, the Supreme Court held that _____.
aa Proclamation of President's Rule under Article 356 is wholly immune from judicial review
bArticle 356 can be invoked freely for any administrative failure of a State Government
cthe majority of a Ministry must be tested by the Governor and not on the floor of the House
dsecularism is a part of the basic structure of the Constitution and a Proclamation under Article 356 is subject to judicial review
Answer: D
The nine-Judge Bench in S.R. Bommai held that secularism is part of the basic structure, that a Proclamation under Article 356 is subject to judicial review, and that the majority of a Ministry must be tested on the floor of the House.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an "unlawful assembly" only if the number of persons forming it is
aseven or more
bfive or more
cthree or more
dtwo or more
Answer: B
Section 189(1) of the BNS, 2023 defines an unlawful assembly as one of five or more persons having a common object of the kind specified therein. This carries forward the position under the erstwhile Section 141 IPC.
A, in order to commit theft, suddenly and forcibly grabs a mobile phone from Z's hand and runs away. Which offence has A committed under the Bharatiya Nyaya Sanhita, 2023?
aExtortion under Section 308
bDacoity under Section 310
cSnatching under Section 304
dTheft simpliciter under Section 303
Answer: C
Section 304 BNS introduces the new offence of "snatching" — theft committed by suddenly, quickly or forcibly seizing or grabbing movable property from a person or his possession — punishable with imprisonment up to three years and fine. This offence had no counterpart in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, when robbery is committed conjointly by five or more persons, the offence is
aorganised crime under Section 111
brioting under Section 191
cdacoity under Section 310
daggravated robbery under Section 309
Answer: C
Section 310 BNS provides that when five or more persons conjointly commit or attempt to commit a robbery, every person so committing it commits "dacoity". This mirrors the old Section 391 IPC.
A shakes his fist at Z, intending thereby to cause Z to believe that A is about to strike Z. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
acriminal force under Section 129
bassault under Section 130
caffray under Section 194
dcriminal intimidation under Section 351
Answer: B
Section 130 BNS defines assault: making any gesture or preparation intending or knowing it to be likely to cause apprehension that criminal force is about to be used. Shaking a fist to cause such apprehension, without actual contact, is assault, not criminal force.
Under the Bharatiya Nyaya Sanhita, 2023, fracture or dislocation of a bone or tooth falls within the category of
agrievous hurt under Section 116
brash act causing hurt under Section 125
ccriminal force under Section 136
dhurt under Section 114
Answer: A
Section 116 BNS enumerates the kinds of hurt designated as "grievous", which expressly includes "fracture or dislocation of a bone or tooth". This list is carried over from the old Section 320 IPC.
The general exceptions, including the right of private defence, are dealt with under the Bharatiya Nyaya Sanhita, 2023. The general declaration that "nothing is an offence which is done in the exercise of the right of private defence" appears in
aSection 38
bSection 96
cSection 34
dSection 100
Answer: C
Section 34 BNS states that nothing is an offence which is done in the exercise of the right of private defence. (The corresponding provision in the old IPC was Section 96.)
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "dowry death" is dealt with in
aSection 304
bSection 80
cSection 113
dSection 85
Answer: B
Section 80 BNS defines and punishes dowry death — death of a woman by burns, bodily injury or otherwise within seven years of marriage where she was subjected to cruelty or harassment for dowry — with imprisonment not less than seven years extendable to life. (Old IPC Section 304B.)
Match the offence with the correct section of the Bharatiya Nyaya Sanhita, 2023: (i) Theft (ii) Extortion (iii) Robbery (iv) Cheating
a303, 305, 307, 316
b378, 383, 390, 415
c303, 308, 309, 318
d300, 308, 310, 320
Answer: C
Under the BNS, 2023: theft is Section 303, extortion is Section 308, robbery is Section 309 and cheating is Section 318. (Option (b) lists the old IPC numbers.)
Under the Bharatiya Nyaya Sanhita, 2023, the offences of criminal misappropriation of property and criminal breach of trust are respectively defined under
aSections 314 and 316
bSections 303 and 305
cSections 318 and 320
dSections 403 and 405
Answer: A
Section 314 BNS deals with dishonest misappropriation of property and Section 316 BNS deals with criminal breach of trust. (The corresponding old IPC sections were 403 and 405/406.)
Under the Bharatiya Nyaya Sanhita, 2023, "criminal conspiracy" is defined in
aSection 120
bSection 45
cSection 61
dSection 111
Answer: C
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. (Old IPC Sections 120A and 120B.)
Under Section 11 of the Maharashtra Rent Control Act, 1999, a landlord is entitled to make an increase in the rent of premises let for the purposes referred to in sub-section (1) of Section 2, at the rate of :
a10 per cent per annum
b4 per cent per annum
c5 per cent per annum
d6 per cent per annum
Answer: B
Section 11 of the Maharashtra Rent Control Act, 1999 permits the landlord a base increase of 4 per cent per annum in the rent of the premises, apart from additional adjustments for improvements, alterations or special repairs.
No suit for recovery of possession on the ground of non-payment of standard rent or permitted increases shall be instituted by a landlord against a tenant until the expiration of the following period after a notice in writing demanding the rent has been served :
aOne hundred and twenty days
bNinety days
cThirty days
dSixty days
Answer: B
Section 15(2) of the Maharashtra Rent Control Act, 1999 bars a landlord from suing for possession on the ground of arrears until ninety days expire after a written demand notice served under Section 106 of the Transfer of Property Act, 1882.
Under Section 16(1)(b) of the Maharashtra Rent Control Act, 1999, the Explanation provides that the expression 'permanent structure' does NOT include :
aAn additional storey constructed on the premises
bA pucca brick wall raised to the roof
cA standing cooking platform in the kitchen
dA permanent water tank embedded in the floor
Answer: C
The Explanation to Section 16(1)(b) clarifies that a wooden partition, standing cooking platform in the kitchen, door, lattice work, a false ceiling, an air-conditioner and the like are not permanent structures for the ground of eviction.
Every appeal under Section 34(1) of the Maharashtra Rent Control Act, 1999 shall be made within :
aFifteen days from the date of the decree or order
bThirty days from the date of the decree or order
cNinety days from the date of the decree or order
dSixty days from the date of the decree or order
Answer: B
Section 34(1) of the Maharashtra Rent Control Act, 1999 requires every appeal from a decree or order to be made within thirty days from its date, with Sections 4 to 24 of the Limitation Act, 1963 applying to such appeals.
In Brihan Mumbai, the court vested with jurisdiction to entertain and try a suit or proceeding between a landlord and tenant relating to recovery of rent or possession of premises under the Maharashtra Rent Control Act, 1999 is :
aThe High Court of Bombay on its original side
bThe City Civil Court, Mumbai
cThe Court of Small Causes, Mumbai
dThe Metropolitan Magistrate, Mumbai
Answer: C
Under Section 33 of the Maharashtra Rent Control Act, 1999, the Court of Small Causes, Mumbai has exclusive jurisdiction in Brihan Mumbai; elsewhere the Court of Civil Judge (Junior Division) is the competent court.
Under Section 55 of the Maharashtra Rent Control Act, 1999, the responsibility for getting a written tenancy or leave and licence agreement registered under the Registration Act, 1908 lies on :
aJointly on the landlord and tenant
bThe Sub-Registrar of the area
cThe tenant or licensee
dThe landlord
Answer: D
Section 55(2) of the Maharashtra Rent Control Act, 1999 places the responsibility of registering the agreement on the landlord; in the absence of a registered agreement the tenant's version of the terms prevails.
A landlord who contravenes the provisions of Section 55 of the Maharashtra Rent Control Act, 1999 (failure to enter into and register a written tenancy agreement) is, on conviction, punishable with :
aImprisonment up to three months or fine up to five thousand rupees or both
bImprisonment up to one year or fine up to ten thousand rupees or both
cFine up to one thousand rupees only
dImprisonment up to six months only
Answer: A
Section 55(3) of the Maharashtra Rent Control Act, 1999 provides that a landlord contravening the section is punishable with imprisonment which may extend to three months or with fine not exceeding five thousand rupees or with both.
Consider the following statements regarding the Maharashtra Rent Control Act, 1999 :
Statement (I) : The Act applies to premises let to banks, public sector undertakings and corporations established by a Central or State Act.
Statement (II) : The Act does not apply to premises belonging to the Government or a local authority.
aBoth statements are incorrect
bStatement (II) is correct, (I) is incorrect
cStatement (I) is correct, (II) is incorrect
dBoth statements are correct
Answer: B
Section 3 of the Maharashtra Rent Control Act, 1999 exempts premises belonging to Government or a local authority and those let to banks, public sector undertakings and statutory corporations from the Act; hence Statement (I) is wrong and Statement (II) is correct.
Under Section 16(1) of the Maharashtra Rent Control Act, 1999, a landlord may recover possession of premises on the ground that the tenant has, without the landlord's written consent :
aApplied for fixation of standard rent
bPaid the standard rent within ninety days of the demand notice
cDeposited the disputed rent in court under Section 18
dUnlawfully sub-let or given on licence the whole or part of the premises
Answer: D
Section 16(1)(e) of the Maharashtra Rent Control Act, 1999 makes unlawful sub-letting, assignment or transfer of possession of the premises a ground for the landlord to recover possession.
A 'Competent Authority' within the meaning of the Maharashtra Rent Control Act, 1999 means a person who :
aAny of the above, as appointed by the State Government
bHolds the post of a Civil Judge, Junior Division
cHas been for not less than five years an advocate
dHolds an office not lower in rank than that of a Deputy Collector
Answer: A
Section 2 read with the provisions for appointment of a Competent Authority under the Maharashtra Rent Control Act, 1999 permits appointment of a person holding an office not below Deputy Collector, or a Civil Judge (Junior Division), or one who has been an advocate for not less than five years.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in police custody (15 days) authorised by a Magistrate may be sought, in whole or in part, at any time during the initial period of how many days, in the case of an offence punishable with imprisonment for ten years or more?
aThe entire 90-day period of investigation
bThe first 40 days of the 60-day period
cThe first 15 days from arrest only
dThe first 60 days of the 90-day period
Answer: D
Section 187 BNSS departs from the old Section 167 CrPC: the 15 days of police custody need not be continuous and may be sought in whole or part within the first 60 days (of the 90-day period) for offences punishable with death, life imprisonment or imprisonment of 10 years or more.
An accused is in custody for an offence punishable with imprisonment that may extend to seven years (not death, life or ten years or more). If the investigation is not completed and no charge-sheet is filed, the maximum period after which he becomes entitled to default bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 is
a15 days
b180 days
c60 days
d90 days
Answer: C
Under the proviso to Section 187(3) BNSS, the maximum custody pending investigation is 60 days for offences other than those punishable with death, life imprisonment or imprisonment of ten years or more; on expiry the accused is entitled to default (statutory) bail.
Which of the following statements about the registration of a First Information Report under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is correct? a. Information about a cognizable offence may be given orally or by electronic communication. b. A 'Zero FIR' may be registered irrespective of the territorial jurisdiction where the offence was committed.
aOnly a is correct
bOnly b is correct
cNeither a nor b is correct
dBoth a and b are correct
Answer: D
Section 173 BNSS expressly permits information of a cognizable offence to be given orally or electronically, and gives statutory recognition to the 'Zero FIR' so that an FIR can be registered at any police station regardless of territorial jurisdiction and then transferred.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding
aSeven years
bThree years
cFive years
dOne year
Answer: B
Under Section 23(1) BNSS a Magistrate of the first class may pass a sentence of imprisonment up to three years (and fine up to fifty thousand rupees), whereas a Chief Judicial Magistrate may impose up to seven years.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Chief Judicial Magistrate is competent to pass a sentence of imprisonment for a term up to
aTen years
bFive years
cSeven years
dThree years
Answer: C
Section 23(2) BNSS empowers a Chief Judicial Magistrate to pass any sentence authorised by law except death, life imprisonment or imprisonment exceeding seven years.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining must be filed by the accused within
aAt any time before judgment is pronounced
b15 days from the date of filing of the charge-sheet
c60 days from the date of the first hearing
d30 days from the date of framing of the charge
Answer: D
Unlike the old Section 265-B CrPC, Section 290 BNSS makes plea bargaining time-bound: the application must be filed within 30 days from the date of framing of charge.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 newly provides for trial in absentia of a proclaimed offender. The trial in his absence may commence only after the expiry of how many days from the date of framing of the charge?
a180 days
b60 days
c30 days
d90 days
Answer: D
Section 356 BNSS allows trial and judgment in absentia of a proclaimed offender, but the Court must wait 90 days from the date of framing of charge before commencing the trial in his absence.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with mercy petitions in death-sentence cases. A mercy petition under this section is to be made to
aThe Sessions Court that imposed the sentence
bThe Supreme Court of India
cThe President of India or the Governor of the State
dThe High Court that confirmed the sentence
Answer: C
Section 472 BNSS, a new provision, allows a convict under sentence of death (or his legal heir/relative) to file a mercy petition before the President under Article 72 or the Governor under Article 161, within 30 days of being informed of the dismissal of the appeal/SLP or confirmation of the death sentence.
The power to make any order necessary to give effect to the Sanhita, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice, is preserved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in favour of
aEvery Court of Session
bEvery Chief Judicial Magistrate
cBoth the High Court and the Court of Session
dThe High Court only
Answer: D
Section 528 BNSS (corresponding to the old Section 482 CrPC) saves the inherent powers only of the High Court; subordinate criminal courts including the Court of Session do not possess inherent powers under this provision.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the case of an offence punishable with imprisonment for a term which may be less than seven years, a police officer is generally required, instead of arresting, to first issue
aA search warrant
bA summons through the Magistrate
cA proclamation under Section 84
dA notice of appearance to the person
Answer: D
Section 35 BNSS (like the old Section 41-A CrPC) requires that where arrest is not necessary for an offence punishable with imprisonment up to seven years, the police officer shall issue a notice directing the person to appear before him, and arrest follows only on non-compliance.
A was forcibly evicted from his shop premises by B without recourse to law. A wishes to file a suit under Section 6 of the Specific Relief Act, 1963 to recover possession. The limitation for filing such a suit is
aThree years from the date of dispossession
bSix months from the date of dispossession
cTwelve years from the date of dispossession
dOne year from the date of dispossession
Answer: B
Section 6(2) of the Specific Relief Act, 1963 bars a suit thereunder if brought after the expiry of six months from the date of dispossession. The remedy is summary and based on possession alone, not title.
A was dispossessed of his land by the State Government otherwise than in due course of law. He proposes to sue under Section 6 of the Specific Relief Act, 1963. Choose the correct statement.
aNo suit under Section 6 can be brought against the Government
bThe suit under Section 6 lies only with prior sanction of the Collector
cThe suit under Section 6 lies against the Government within one year
dThe suit under Section 6 lies against the Government within six months
Answer: A
Section 6(2) of the Specific Relief Act, 1963 expressly bars a suit under Section 6 against the Government. The dispossessed person must instead establish title under an ordinary suit saved by Section 6(4).
In a suit decided under Section 6 of the Specific Relief Act, 1963, the aggrieved party intends to challenge the order. Which of the following statements is correct?
aNeither an appeal nor a review lies, but a person may sue to establish title
bA review lies but no appeal is allowed
cAn appeal lies but no review is allowed
dBoth an appeal and a review lie as in an ordinary civil suit
Answer: A
Under Section 6(3) of the Specific Relief Act, 1963 no appeal lies from and no review is allowed of an order or decree passed in a Section 6 suit. Section 6(4), however, saves a separate suit to establish title and recover possession.
After the Specific Relief (Amendment) Act, 2018, the relief of specific performance of a contract under Section 10 of the Specific Relief Act, 1963 is
aAvailable only in the discretion of the court
bTo be enforced by the court subject to Sections 11(2), 14 and 16
cWholly abolished and replaced by substituted performance
dAvailable only where damages are an adequate remedy
Answer: B
The 2018 amendment substituted Section 10 so that specific performance 'shall be enforced' by the court subject to Sections 11(2), 14 and 16, making it a non-discretionary remedy.
P, a contractor, fails to perform his promise under a building contract. Q, the party suffering the breach, gets the work completed through a third party after giving written notice and now claims the expenses incurred from P. This statutory remedy is
aRectification under Section 26
bDeclaratory relief under Section 34
cSubstituted performance under Section 20
dSpecific performance under Section 10
Answer: C
Section 20 of the Specific Relief Act, 1963 (as substituted in 2018) provides for substituted performance, allowing the party suffering breach to have the contract performed by a third party or his own agency and recover the costs from the party in breach.
Before availing the remedy of substituted performance under Section 20 of the Specific Relief Act, 1963, the party suffering the breach must give the party in breach a written notice of not less than
aSixty days
bFifteen days
cNinety days
dThirty days
Answer: D
Section 20(2) of the Specific Relief Act, 1963 requires the party suffering breach to give a written notice of not less than thirty days to the party in breach before getting the contract performed through a third party or his own agency.
A party who has obtained substituted performance of a contract through a third party after notice under Section 20 of the Specific Relief Act, 1963
aMay still claim specific performance against the party in breach
bMust restore the contract before claiming any compensation
cShall not be entitled to claim specific performance against the party in breach
dForfeits all right to recover the expenses incurred
Answer: C
Section 20(3) of the Specific Relief Act, 1963 provides that once the suffering party has got the contract performed through a third party or his own agency after notice, he shall not be entitled to claim the relief of specific performance against the party in breach. This is mirrored in the bar under Section 14(a) and Section 16(a).
In a suit for specific performance of a contract for sale of immovable property, the plaintiff is required, under Section 16 of the Specific Relief Act, 1963, to
aProve that damages would be an inadequate remedy
bDeposit the entire balance consideration in court before filing the suit
cObtain prior permission of the District Court to institute the suit
dProve that he has performed or has always been ready and willing to perform the essential terms
Answer: D
Section 16(c) of the Specific Relief Act, 1963 bars relief to a plaintiff who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract.
A entered into a contract to sell his entire estate to B, but is able to convey only a part of it, the unperformed part being a small proportion of the whole in value and admitting of compensation in money. Under Section 12 of the Specific Relief Act, 1963, the court may
aDirect specific performance of so much as can be performed and award compensation for the deficiency
bDirect rescission of the whole contract
cDirect specific performance only if B waives all claim to compensation
dRefuse specific performance entirely as part-performance is barred
Answer: A
Section 12(2) of the Specific Relief Act, 1963 allows the court to direct specific performance of the part that can be performed, with money compensation for the small unperformed deficiency.
A minor who was admitted to the benefits of a partnership attains majority. As per Section 30(5) of the Indian Partnership Act, 1932, within what period must he give public notice electing whether or not to become a partner, failing which he becomes a partner?
aWithin three months of attaining majority or knowledge, whichever is later
bWithin one year of attaining majority only
cWithin six months of attaining majority or knowledge of the admission, whichever date is later
dWithin six months of attaining majority only, knowledge being immaterial
Answer: C
Section 30(5) gives the erstwhile minor six months from attaining majority OR from obtaining knowledge of his admission to the benefits, whichever date is later, to give public notice; on failure he becomes a partner on expiry of that period.
a. The whole of the price not being paid or tendered makes the seller an 'unpaid seller'. b. Where a cheque received as conditional payment is dishonoured, the seller is an 'unpaid seller'. Choose the correct option in respect of the above statements under the Sale of Goods Act, 1930.
aa is incorrect and b is correct
bBoth are incorrect
ca is correct and b is incorrect
dBoth are correct
Answer: D
Section 45(1) makes the seller an unpaid seller both where the whole price has not been paid or tendered (clause a) and where a negotiable instrument received as conditional payment is dishonoured (clause b).
Under the Sale of Goods Act, 1930, the rights of an unpaid seller against the goods are:
aLien and stoppage in transit only
bLien, stoppage in transit and right of resale
cSuit for price and damages only
dRight of resale only
Answer: B
Section 46 enumerates three rights of the unpaid seller against the goods themselves notwithstanding that property has passed: lien, stoppage in transit, and resale.
A stipulation in a contract of sale which is essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated, is termed under the Sale of Goods Act, 1930 as a
aCondition
bGuarantee
cWarranty
dRepresentation
Answer: A
Section 12(2) defines a condition as a stipulation essential to the main purpose of the contract, breach of which gives a right to treat the contract as repudiated; a warranty (S.12(3)) is only collateral and breach gives a claim in damages.
A agrees to sell specific goods to B. Before delivery and while the property has already passed to B, the goods are accidentally destroyed without fault of either party. In the absence of an agreement to the contrary, the loss falls on
athe buyer B, since property has passed to him
bthe seller A, since he retained possession
cboth equally
dneither, the contract being frustrated
Answer: A
Under Section 26, risk prima facie passes with property: goods remain at the seller's risk until property is transferred, and thereafter at the buyer's risk whether or not delivery has been made.
The maxim 'nemo dat quod non habet', embodied in Section 27 of the Sale of Goods Act, 1930, means that
aa buyer in good faith always gets a good title
bthe seller can pass no better title than he himself has
ctitle always passes on delivery of possession
dthe owner is estopped from denying the buyer's title
Answer: B
Section 27 lays down the general rule nemo dat quod non habet: where the seller is not the owner and sells without authority or consent, the buyer acquires no better title than the seller had, subject to the statutory exceptions.
a. An agreement made without consideration is void. b. A written and registered promise made on account of natural love and affection between parties standing in a near relation to each other is valid though without consideration. Choose the correct option under the Indian Contract Act, 1872.
aa is correct and b is incorrect
bBoth are correct
ca is incorrect and b is correct
dBoth are incorrect
Answer: B
Section 25 states the general rule that an agreement without consideration is void (statement a) but expressly excepts a written, registered promise made out of natural love and affection between persons in a near relation (statement b, S.25(1)).
A guarantee which extends to a series of transactions is called, under the Indian Contract Act, 1872, a
aImplied guarantee
bConditional guarantee
cSpecific guarantee
dContinuing guarantee
Answer: D
Section 129 defines a continuing guarantee as one which extends to a series of transactions, as distinct from a guarantee confined to a single transaction.
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is one by which one party promises to save the other from loss caused to him
aby the conduct of the promisor himself or of any other person
bonly by the conduct of the promisor himself
conly by the conduct of a third person
dby any cause whatsoever, including acts of God
Answer: A
Section 124 defines a contract of indemnity as one to save the other party from loss caused to him by the conduct of the promisor himself OR by the conduct of any other person.
a. In the absence of a contract to the contrary, an agent cannot personally enforce contracts entered into by him on behalf of his principal. b. Where the agent does not disclose the name of his principal, a contract that the agent is personally bound is presumed. Choose the correct option under the Indian Contract Act, 1872.
aBoth are correct
bBoth are incorrect
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: A
Section 230 lays down that in the absence of a contract the agent is neither personally bound nor can personally enforce (statement a), but the proviso presumes personal liability where, inter alia, the agent does not disclose the principal's name (statement b).
Under Section 111 of the Transfer of Property Act, 1882, a lease of immovable property determines
aonly by notice to quit given by the lessor
bonly by efflux of the time limited by the lease
conly on the death of the lessee
dby efflux of time, merger, forfeiture, surrender, notice to quit and other modes specified therein
Answer: D
Section 111 lists several modes of determination of a lease, including efflux of time, happening of a specified event, termination of lessor's interest, merger, express surrender, implied surrender, forfeiture, and notice to quit.
A makes a gift of his house to B by a written instrument signed by A but attested by only one witness, and the instrument is not registered. As per Section 123 of the Transfer of Property Act, 1882, the gift of the immovable property is
avalid, as gifts require no formality
bvalid, as writing signed by the donor is sufficient
cineffective, as it must be by a registered instrument attested by at least two witnesses
dvalid if possession is delivered to B
Answer: C
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; mere writing with one witness and no registration is ineffective.
a. Under Section 130 of the Transfer of Property Act, the transfer of an actionable claim can be effected only by an instrument in writing signed by the transferor or his duly authorised agent. b. An actionable claim may be validly transferred orally if accompanied by delivery. 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 130 requires that the transfer of an actionable claim, whether with or without consideration, be effected only by an instrument in writing signed by the transferor or his agent; an oral transfer is not recognised.
Under Section 6 of the Transfer of Property Act, 1882, which of the following can be validly transferred? a. A mere right to sue b. A right of re-entry annexed to land, apart from the land c. A future maintenance, in whatever manner arising d. A property, the transfer of which is opposed to the nature of the interest affected thereby Choose the correct option.
aOnly a
bOnly b
cNone of a, b, c and d can be transferred
dBoth a and c
Answer: C
Section 6 lists exceptions to the general rule of transferability; a mere right to sue (cl. e), a right of re-entry apart from the land (cl. b), future maintenance (cl. dd) and a transfer opposed to the nature of the interest (cl. h) are all non-transferable. None of the four can be transferred.
A transfers property to B for life, and after B's death to such of B's sons as shall first attain the age of 25 years. At the date of transfer B has no son. As per the rule against perpetuity under Section 14 of the Transfer of Property Act, the interest in favour of B's son is
avalid, as B's life is the only perpetuity period permitted
bvoid, as vesting may be postponed beyond the life of B plus the minority of the son
cvalid, as 25 years is a fixed and certain period
dvalid, as the son is a living person at the relevant time
Answer: B
Section 14 permits postponement of vesting only up to the lifetime of a living person plus the minority (18 years) of an unborn person. Requiring the son to attain 25 takes vesting beyond minority, so the interest is void.
Under Section 5 of the Transfer of Property Act, 1882, the expression 'living person' for the purpose of 'transfer of property' includes
aa company or association or body of individuals, whether incorporated or not
bonly persons competent to contract under the Indian Contract Act
conly natural persons and registered companies
donly an individual human being
Answer: A
Section 5 expressly provides that 'living person' includes a company or association or body of individuals, whether incorporated or not, in addition to natural persons.
A, the ostensible owner of land with the consent of the real owner B, transfers it for consideration to C, who after taking reasonable care to ascertain A's power and acting in good faith, purchases it. B later seeks to set aside the transfer on the ground that A was not the real owner. Under Section 41 of the Transfer of Property Act,
athe transfer is void as A had no title to convey
bthe transfer is valid only if C also obtains B's written ratification
cthe transfer is voidable at the option of B, the real owner
dthe transfer cannot be impeached merely on the ground that A was not authorised to make it
Answer: D
Section 41 protects a transferee for value who acts in good faith after taking reasonable care; the real owner cannot impeach the transfer merely because the ostensible owner lacked authority.
a. A mortgage by which the mortgagor binds himself to repay the money on a certain date and transfers the property absolutely to the mortgagee, subject to a condition that on repayment the property shall be re-transferred, is a mortgage by conditional sale. b. Under a simple mortgage, the mortgagee is entitled to possession of the mortgaged property. Choose the correct option.
aBoth are incorrect
ba is incorrect and b is correct
cBoth are correct
da is correct and b is incorrect
Answer: D
Section 58(c) defines mortgage by conditional sale. In a simple mortgage [S.58(b)] the mortgagor does NOT deliver possession; the mortgagee's remedy is a suit for sale, so statement b is wrong.
Under Section 60 of the Transfer of Property Act, the doctrine 'once a mortgage always a mortgage' relates to
athe marshalling of securities by the mortgagor
bthe right of subrogation of a third party
cthe mortgagor's right to redeem the mortgaged property on payment of the mortgage money
dthe mortgagee's right of foreclosure
Answer: C
Section 60 confers on the mortgagor the right of redemption, embodying the maxim 'once a mortgage always a mortgage', which prevents any clog on redemption.
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