Maharashtra Judiciary Mock Test 5 — Questions & Solutions
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Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall, under Order II Rule 2 of the Code of Civil Procedure 1908 :
aBe entitled to amend the plaint at any later stage to include it
bNot afterwards sue in respect of the portion so omitted or relinquished
cBe barred from instituting the suit altogether
dBe permitted to sue afterwards in respect of the portion so omitted or relinquished
Answer: B
Order II Rule 2 CPC requires a plaintiff to include the whole of his claim; if he omits or intentionally relinquishes any portion, he shall not afterwards sue in respect of the portion so omitted or relinquished.
A obtains a money decree against B in a court at Pune. B's attachable property lies within the jurisdiction of a court at Nagpur. Under the Code of Civil Procedure, 1908, the decree-holder may apply to the Pune court to issue, to the Nagpur court, a direction to attach that property in anticipation of a transfer of the decree for execution. Such a direction is known as a:
aCommission
bLetter of request
cPrecept
dWarrant of attachment
Answer: C
Section 46 CPC empowers the court which passed the decree, on the decree-holder's application, to issue a precept to another competent court to attach property within that court's jurisdiction.
In execution of a money decree against an agriculturist judgment-debtor, the decree-holder seeks attachment of certain properties. Which of the following is NOT liable to attachment and sale under the proviso to Section 60 of the Code of Civil Procedure?
aImmovable property let out by the judgment-debtor to a tenant
bA house belonging to an agriculturist and occupied by him
cMoney in a current bank account of the judgment-debtor
dA motor car owned by the judgment-debtor
Answer: B
The proviso to Section 60(1) CPC exempts from attachment houses and other buildings (with material and sites) belonging to an agriculturist or a labourer or domestic servant and occupied by him.
A files a suit against B which is dismissed for default of the plaintiff's appearance under Order IX Rule 8 of the Code of Civil Procedure. As to a fresh suit by A on the same cause of action:
aA can neither bring a fresh suit nor apply to set aside the dismissal
bA must file an appeal against the order of dismissal as the only remedy
cA is precluded from bringing a fresh suit on the same cause of action, but may apply to set aside the dismissal
dA may freely bring a fresh suit on the same cause of action
Answer: C
Under Order IX Rule 9 CPC, where a suit is dismissed under Rule 8, the plaintiff is precluded from bringing a fresh suit on the same cause of action, but may apply to set aside the dismissal on showing sufficient cause for non-appearance.
A decree directs B to execute a sale deed in favour of A within a fixed time, and B refuses to do so. Under the Code of Civil Procedure, the court may, in such circumstances, cause the deed to be executed in the name of B by:
aNo one; the only remedy is to detain B in civil prison until compliance
bAn officer of the court appointed for that purpose
cThe decree-holder personally
dOnly the District Collector
Answer: B
Under Section 31 read with Order XXI Rule 34 CPC, where a decree is for the execution of a document and the judgment-debtor neglects to obey it, the court may execute the document through an officer appointed in that behalf.
B holds money belonging to two claimants, X and Y, in respect of which B claims no interest of his own beyond charges or costs, and he is uncertain to whom it is payable. Both X and Y are demanding the money from B. The appropriate suit for B to institute under the Code of Civil Procedure is:
aA representative suit
bA summary suit
cA suit for declaration
dAn interpleader suit
Answer: D
Section 88 read with Order XXXV CPC provides for an interpleader suit where two or more persons claim adversely against a person who claims no interest other than charges or costs and is ready to deliver the subject-matter to the rightful claimant.
a. Under the Code of Civil Procedure, a second appeal lies to the High Court only if the case involves a substantial question of law. b. Under the Code, no second appeal lies in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter does not exceed three thousand rupees. Choose the correct option.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: A
Section 100 CPC requires a substantial question of law for a second appeal, and Section 102 bars a second appeal in suits of a nature cognizable by Courts of Small Causes where the subject-matter value does not exceed three thousand rupees.
An ex parte decree is passed against the defendant B who had not appeared at the hearing. The proper remedy for B to have that decree set aside on the ground that the summons was not duly served, by an application to the court which passed it, is provided under:
aOrder XLVII Rule 1 of the Code of Civil Procedure
bOrder IX Rule 13 of the Code of Civil Procedure
cOrder IX Rule 9 of the Code of Civil Procedure
dSection 96 of the Code of Civil Procedure
Answer: B
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply for setting it aside on proof that summons was not duly served or that he was prevented by sufficient cause from appearing.
In a suit for partition, the court first declares the shares of the several parties in the property and directs an enquiry or other proceeding before the actual division by metes and bounds is determined. The decree declaring the rights of the parties prior to the final allotment is properly described as a:
aPreliminary decree
bFinal decree
cDecree on admission
dConsent decree
Answer: A
Section 2(2) CPC contemplates that a decree may be preliminary where further proceedings have to be taken before the suit can be completely disposed of; a partition suit typically results in a preliminary decree declaring shares followed by a final decree effecting division.
A suit is instituted against the State of Maharashtra in respect of an act purporting to be done by a public officer in his official capacity. Under Section 80 of the Code of Civil Procedure, ordinarily:
aA notice of fifteen days is sufficient in all cases
bNo notice is required where the State is a defendant
cNo suit shall be instituted until the expiration of two months after a notice in writing has been delivered or left at the office of the Secretary to the State Government
dNo suit shall be instituted until the expiration of six months after such notice
Answer: C
Section 80(1) CPC requires a written notice to be served and a wait of two months before instituting a suit against the Government or a public officer in respect of an act done in official capacity.
After the close of arguments in a suit for declaration, the plaintiff applies under Order VI Rule 17 of the Code of Civil Procedure to amend the plaint. As to the power of the court to allow amendment of pleadings after the trial has commenced:
aThe court can never allow any amendment once the trial has commenced
bThe court must allow every amendment sought at any stage as of right
cAmendment is permissible only with the written consent of the opposite party
dThe court shall not allow it unless it concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial
Answer: D
The proviso to Order VI Rule 17 CPC bars amendment after commencement of trial unless the court is satisfied that, in spite of due diligence, the party could not have raised the matter earlier.
There is only one eyewitness to a murder, but the witness is found by the Court to be wholly reliable. As to whether a conviction can rest on this single witness, Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that
aat least two witnesses are necessary to prove any fact
bthe number of witnesses required is fixed by the Court at the commencement of trial
cno particular number of witnesses is required for the proof of any fact
din a murder case at least three witnesses are mandatory
Answer: C
Section 139 of the BSA lays down that no particular number of witnesses is required for the proof of any fact; the evidence of a single reliable witness may sustain a conviction.
A document purporting to be a sale deed and produced from proper custody is shown to be 30 years old. Regarding the presumption that may be drawn under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), choose the correct statement.
aThe 30-year period is reckoned from the date the document is tendered in evidence
bThe Court may presume that the signature and every part of the document was duly executed and attested
cNo presumption arises unless the document is also registered
dThe Court must conclusively presume the truth of the contents of the document
Answer: B
Under Section 92 of the BSA, where a document 30 years old is produced from proper custody, the Court may presume that the signature and every part of it which purports to be in a person's handwriting was so written, and that it was duly executed and attested; the presumption goes to execution, not to truth of contents.
A four-year-old child is offered as a witness to an incident. The Magistrate finds that the child understands the questions put and can give rational answers, though the child does not understand the nature of an oath. Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) read with the law on oaths, the child
amay testify only if a parent testifies alongside
bis a competent witness, and the absence of oath does not by itself render the testimony inadmissible
cis incompetent to testify solely because of tender years
dis competent only after attaining the age of seven years
Answer: B
Section 124 of the BSA makes all persons competent to testify unless tender years, extreme old age, disease or the like prevents them from understanding the questions or giving rational answers; a child who understands and answers rationally is competent, and inability to administer an oath does not render the evidence inadmissible.
Under Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when goods are found in the possession of a person soon after a theft, what may the Court presume, illustration (a) being the guide?
aThat he is conclusively guilty of theft with no scope for explanation
bThat he is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession
cThat he is innocent in all circumstances
dThat the goods were lawfully purchased by him in every case
Answer: B
Illustration (a) to Section 119 of the BSA permits 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 permissive ("may presume"), not conclusive, presumption.
A witness in his examination-in-chief deposes contrary to a statement he had earlier made in writing. The opposite party wishes to contradict him by that earlier writing under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The correct procedure is that
athe writing may be used to contradict him without his attention ever being drawn to it
bbefore the writing is proved for the purpose of contradiction, his attention must be called to those parts of it which are to be used to contradict him
cthe witness must first be declared hostile by the Court before any such contradiction
dthe writing can never be used unless it was made on oath
Answer: B
Section 148 of the BSA allows cross-examination on a previous statement in writing without showing it to the witness, but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be drawn to the relevant parts.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused person while in the custody of a police officer is, as a rule, not proved against him. The principal exception to this bar is that such a confession becomes admissible when it is
avoluntarily repeated before two independent witnesses
brecorded after a lapse of twenty-four hours from arrest
creduced into writing by the investigating officer
dmade in the immediate presence of a Magistrate
Answer: D
Section 23(2) BSA makes a confession by an accused in police custody inadmissible unless it is made in the immediate presence of a Magistrate.
An accused in custody states to the police that he has hidden the stolen ornaments in his almirah, and the ornaments are recovered pursuant to that statement. Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, how much of the information is admissible?
aOnly so much of the information as relates distinctly to the fact thereby discovered
bThe statement only if it is recorded by a Magistrate
cNone of it, as it was made to a police officer in custody
dThe whole statement, including the admission that he stole the ornaments
Answer: A
The proviso to Section 23(2) BSA (formerly Section 27 of the Indian Evidence Act) admits only so much of the information as relates distinctly to the fact thereby discovered.
a. Under the Bharatiya Sakshya Adhiniyam, 2023, a confession caused by inducement, threat, coercion or promise from a person in authority is irrelevant in a criminal proceeding. b. Such a confession may nevertheless become relevant if the court is satisfied that the impression caused by the inducement, threat, coercion or promise was fully removed before it was made. Choose the correct option.
aBoth are correct
ba is incorrect and b is correct
cBoth are incorrect
da is correct and b is incorrect
Answer: A
Section 22 BSA renders such confessions irrelevant but its proviso expressly revives relevance once the court is satisfied the impression caused by the inducement, threat, coercion or promise was completely removed before the confession was made. Both statements are correct.
The provision dealing with the relevancy of a statement made by a person who is dead, including a dying declaration as to the cause of death, is contained under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 39
bSection 26
cSection 22
dSection 32
Answer: B
Section 26 BSA covers cases in which a statement of a relevant fact by a person who is dead or cannot be found is relevant, including the dying declaration (formerly Section 32 of the Evidence Act).
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 6
bSection 8
cSection 3
dSection 4
Answer: D
Section 4 BSA embodies the doctrine of res gestae, declaring relevant facts forming part of the same transaction (formerly Section 6 of the Evidence Act).
A suit to set aside or cancel a written instrument is governed by Article 59 of the Limitation Act, 1963, which prescribes a period of three years running from:
aThe date the instrument is acted upon by the defendant
bWhen the facts entitling the plaintiff to have the instrument cancelled or set aside first become known to him
cThe date of execution of the instrument in every case
dThe date of registration of the instrument
Answer: B
Article 59 prescribes three years from the date the facts entitling the plaintiff to the relief first become known to him.
Under Section 4 of the Limitation Act, 1963, where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the proceeding may be instituted:
aOnly with an application for condonation of delay
bOn the day the court reopens
cOn the last working day before the closure
dWithin thirty days of the court reopening
Answer: B
Section 4 permits institution on the day the court reopens when the limitation period expires on a day the court is closed.
The period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged, under Article 61(a) of the Limitation Act, 1963, is:
aTwelve years
bThirty years
cThree years
dSixty years
Answer: B
Article 61(a) prescribes thirty years for a mortgagor's suit to redeem or recover possession of mortgaged immovable property, running from when the right to redeem or recover possession accrues.
Regarding the legal effect of expiry of the limitation period, which statement reflects the scheme of the Limitation Act, 1963?
aExpiry of limitation always extinguishes the substantive right
bExpiry of limitation never affects either the right or the remedy
cExpiry of limitation extinguishes the right in all suits for money
dAs a general rule limitation only bars the remedy and does not extinguish the right, the exception being suits for possession where Section 27 extinguishes the right
Answer: D
Limitation generally bars only the remedy; Section 27 is the exception, extinguishing the owner's right to property on the expiry of the period prescribed for a possession suit.
Under Section 18 of the Limitation Act, 1963, a valid acknowledgment of liability that gives a fresh period of limitation must be:
aIn writing, but it may be made even after the period has already expired
bAccompanied by part-payment of the amount due
cIn writing and signed by the party against whom the right is claimed, made before the expiry of the prescribed period
dOral, provided it is made before two witnesses
Answer: C
Section 18 requires an acknowledgment in writing signed by the party (or his agent) and made before the limitation period expires; a fresh period then runs from the time of acknowledgment.
A creditor files a money suit clearly barred by limitation, but the defendant fails to plead the bar of limitation in his written statement. Under Section 3 of the Limitation Act, 1963, the court shall
adismiss the suit, although limitation has not been set up as a defence
bframe a preliminary issue and leave the bar to the defendant's election
cdecree the suit, since limitation must be specifically pleaded to be available
dtreat the bar as waived by the defendant's omission to plead it
Answer: A
Section 3 makes the dismissal of a time-barred suit, appeal or application mandatory even though limitation has not been set up as a defence; the bar operates by force of statute, not by the party's pleading.
The power to condone delay on proof of 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available for
aa suit and an appeal, but not an application
bany suit, appeal or application alike
conly an execution application under Order XXI CPC
dan appeal or an application, but not a suit
Answer: D
Section 5 permits extension of the prescribed period for an appeal or an application (other than one under Order XXI CPC) on sufficient cause, but it does not apply to suits.
The prescribed period for filing an appeal expires on a day when the District Court at Nagpur is closed for a public holiday. Under Section 4 of the Limitation Act, 1963, the appeal
amay be preferred within seven days after the holiday
bcan be entertained only on condonation of delay under Section 5
cmay be preferred on the day the court reopens
dstands barred, the holiday notwithstanding
Answer: C
Section 4 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
A purchaser sues for specific performance of an agreement to sell which fixes no date for performance. Under Article 54 of the Schedule to the Limitation Act, 1963, the three-year period of limitation runs from
athe date the plaintiff has notice that performance is refused
bthe date of registration of the agreement
cthe date of execution of the agreement
dthe date the suit property is sold to a third party
Answer: A
Article 54 prescribes three years; where no date is fixed for performance, time runs from when the plaintiff has notice that performance is refused, and only from the fixed date where one is stipulated.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged (Article 61) is
atwelve years
bthirty years
ctwenty years
dsixty years
Answer: B
Article 61(a) prescribes thirty years for a suit by a mortgagor to redeem or recover possession of mortgaged immovable property, computed from when the right to redeem or recover possession accrues.
The State of Maharashtra has a bicameral legislature. The total number of seats in the Maharashtra Legislative Assembly (Vidhan Sabha) is _____.
a288
b294
c250
d270
Answer: A
The Maharashtra Legislative Assembly has 288 seats; Maharashtra is one of the States with a bicameral legislature, the upper house being the Legislative Council.
Match the following writs with their literal meaning and select the correct option:
a. Quo Warranto I. 'We command'
b. Mandamus II. 'By what authority'
c. Certiorari III. 'You may have the body'
d. Habeas Corpus IV. 'To be certified / to be informed'
Answer Options: a b c d
aI II III IV
bII I IV III
cIII I IV II
dII IV I III
Answer: B
Quo Warranto means 'by what authority', Mandamus means 'we command', Certiorari means 'to be certified/informed', and Habeas Corpus means 'you may have the body'.
Under Article 226(2) of the Constitution of India, a High Court may issue a writ to a Government or authority situated outside its territorial jurisdiction _____.
aif the cause of action, wholly or in part, arises within its territorial jurisdiction
bonly for enforcement of fundamental rights and not for any other purpose
cin no circumstances whatsoever
donly with the prior permission of the Supreme Court
Answer: A
Article 226(2) empowers a High Court to issue writs to an authority outside its territorial jurisdiction if the cause of action arises wholly or in part within its territories.
Match the protections under the Constitution with the relevant Article and choose the correct option:
a. Protection against ex-post-facto law I. Article 20(2)
b. Protection against double jeopardy II. Article 20(3)
c. Protection against self-incrimination III. Article 20(1)
d. Protection of life and personal liberty IV. Article 21
Answer Options: a b c d
aII III IV I
bIV III II I
cIII I II IV
dI II III IV
Answer: C
Article 20(1) bars ex-post-facto laws, Article 20(2) bars double jeopardy, Article 20(3) protects against self-incrimination, and Article 21 protects life and personal liberty.
a. The existing Indian Administrative Service and Indian Police Service are deemed to be services created by Parliament under Article 312 of the Constitution. b. A resolution under Article 312 to create a new All India Service is moved and passed by the Lok Sabha. Choose the correct option.
aBoth are correct
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are incorrect
Answer: B
Statement a is correct as Article 312(2) deems the IAS and IPS to be created under Article 312; statement b is incorrect because the enabling resolution must be passed by the Rajya Sabha, not the Lok Sabha.
A is detained by the police without being produced before a Magistrate. He wishes to move the Supreme Court directly for his release. Which provision of the Constitution itself confers on him the right to approach the Supreme Court, and what is its status?
aArticle 136, which is a discretionary power of the Supreme Court
bArticle 32, which is itself a fundamental right
cArticle 32, which is a Directive Principle of State Policy
dArticle 226, which is itself a fundamental right
Answer: B
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights and is itself a fundamental right (the 'heart and soul' of the Constitution). Article 226 confers writ power on High Courts but is not a fundamental right.
A litigant seeks a writ from the High Court to compel a municipal authority to perform a statutory duty unconnected with any fundamental right. As to the writ jurisdiction of the High Court under Article 226 as compared with that of the Supreme Court under Article 32, which statement is correct?
aArticle 32 can be invoked for any legal right, whereas Article 226 is confined to fundamental rights
bArticle 226 can be invoked for enforcement of fundamental rights and 'for any other purpose', so its scope is wider than Article 32
cNeither Article 32 nor Article 226 permits a writ for enforcement of an ordinary statutory right
dArticle 226 can be invoked only for enforcement of fundamental rights, exactly like Article 32
Answer: B
Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights 'and for any other purpose', making its scope wider than Article 32, which is confined to enforcement of fundamental rights.
The doctrine that Parliament's power to amend the Constitution under Article 368 does not extend to altering its 'basic structure' was first propounded by the Supreme Court in:
aMinerva Mills v. Union of India (1980)
bGolak Nath v. State of Punjab (1967)
cShankari Prasad v. Union of India (1951)
dKesavananda Bharati v. State of Kerala (1973)
Answer: D
The basic structure doctrine was propounded in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, which simultaneously overruled Golak Nath while holding that the basic structure cannot be abrogated even by a constitutional amendment.
A's passport was impounded by an order which gave no reasons and afforded him no hearing. The order is challenged as violating Article 21. As per the law laid down in Maneka Gandhi v. Union of India (1978), the 'procedure established by law' under Article 21 must be:
aAny procedure validly enacted by the legislature, however arbitrary
bA procedure prescribed only by a law made by Parliament and not by State Legislatures
cFair, just and reasonable, and not arbitrary, fanciful or oppressive
dIdentical in every respect to American 'due process of law'
Answer: C
In Maneka Gandhi v. Union of India, AIR 1978 SC 597, the Supreme Court held that the procedure contemplated by Article 21 must be fair, just and reasonable, and not arbitrary, fanciful or oppressive.
The words 'Socialist', 'Secular' and 'Integrity' were inserted into the Preamble of the Constitution by which amendment?
aThe Constitution (42nd Amendment) Act, 1976
bThe Constitution (44th Amendment) Act, 1978
cThe Constitution (24th Amendment) Act, 1971
dThe Constitution (1st Amendment) Act, 1951
Answer: A
The Constitution (42nd Amendment) Act, 1976 amended the Preamble to add 'Socialist', 'Secular' and 'Integrity', changing the description to 'Sovereign Socialist Secular Democratic Republic'.
X voluntarily obstructs Y so as to prevent Y from proceeding in a direction in which Y has a right to proceed, but does not prevent Y from proceeding in every direction. Under the Bharatiya Nyaya Sanhita, 2023, X has committed
aassault under Section 130
bcriminal force under Section 136
cwrongful confinement under Section 127
dwrongful restraint under Section 126
Answer: D
Section 126 BNS defines wrongful restraint — voluntarily obstructing a person so as to prevent him from proceeding in a direction in which he has a right to proceed. Confinement (Section 127) requires preventing movement beyond certain circumscribing limits in every direction.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided in
aSection 101
bSection 302
cSection 105
dSection 103
Answer: D
Section 101 BNS defines when culpable homicide amounts to murder, while Section 103 BNS provides the punishment for murder (death or imprisonment for life, and fine). The old IPC numbering was 300 (definition) and 302 (punishment).
A, with a sharp dangerous weapon, voluntarily causes a fracture of B's leg. Under the Bharatiya Nyaya Sanhita, 2023, the appropriate provision attracting enhanced punishment is
aSection 324 — mischief
bSection 130 — assault
cSection 115 — voluntarily causing hurt
dSection 117 — voluntarily causing grievous hurt by dangerous weapons or means
Answer: D
A fracture is grievous hurt (Section 116), and where it is caused by a dangerous weapon or means, Section 117 BNS applies, prescribing enhanced punishment. (This corresponds to the old Section 326 IPC.)
A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement, takes the money in advance, and later, without any dishonest intention existing at the time of the contract, fails to deliver the cement. Under the Bharatiya Nyaya Sanhita, 2023, A has
acommitted cheating under Section 318
bnot committed cheating; he is liable only to a civil action for breach of contract
ccommitted criminal misappropriation under Section 314
dcommitted criminal breach of trust under Section 316
Answer: B
Cheating under Section 318 BNS requires a fraudulent or dishonest intention at the very inception of the transaction. A mere subsequent breach of contract, without proof of such initial dishonest intention, gives rise only to civil liability.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "criminal intimidation" is dealt with in
aSection 503
bSection 356
cSection 351
dSection 324
Answer: C
Section 351 BNS defines criminal intimidation — threatening another with injury to his person, reputation or property, or to that of one in whom he is interested, with intent to cause alarm or to compel an act. (Old IPC Sections 503/506.)
As per the definition given in Section 2(14) of the Bharatiya Nyaya Sanhita, 2023, the word "injury" denotes any harm illegally caused to any person a. in body b. in mind c. in reputation d. in property. Choose the correct option out of the above.
aAll of the above
ba and b
ca, b and c
da only
Answer: A
Section 2(14) of the BNS, 2023 defines "injury" as any harm whatever illegally caused to any person, in body, mind, reputation or property; hence all four are covered.
A, deprived of the power of self-control by grave and sudden provocation given by Y, fires a pistol at Y but kills Z, who is nearby out of sight, neither intending nor knowing himself likely to kill Z. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
acausing death by negligence only
bmurder, as the death of an innocent person resulted
cno offence, as the killing of Z was accidental
dculpable homicide not amounting to murder, the benefit of Exception 1 extending to the death caused by mistake
Answer: D
Exception 1 to Section 101 of the BNS, 2023 provides that where death is caused by mistake or accident while acting under grave and sudden provocation, the offence is culpable homicide not amounting to murder, not murder.
Where in a suit for recovery of possession on the ground of arrears the tenant, within ninety days of service of summons, pays or tenders in court the standard rent and permitted increases then due, the tenant is also liable to pay simple interest on the arrears at the rate of :
aSix per cent per annum
bNine per cent per annum
cFifteen per cent per annum
dTwelve per cent per annum
Answer: C
Section 15(3) of the Maharashtra Rent Control Act, 1999 requires the tenant, to avoid a decree, to pay the arrears within ninety days of summons together with simple interest at fifteen per cent per annum.
Under the Maharashtra Rent Control Act, 1999, a landlord may recover possession of premises which have not been used by the tenant, without reasonable cause, for the purpose for which they were let, for a continuous period of :
aOne year
bTwo years
cSix months
dThree months
Answer: C
Section 16(1)(n) of the Maharashtra Rent Control Act, 1999 entitles the landlord to 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 six months immediately preceding the suit.
Under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, a landlord may recover possession of the premises on the ground that they are :
aRequired for the landlord to earn higher rent from a new tenant
bLying vacant for more than fifteen days
cRequired because the standard rent has not been fixed by the court
dReasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held
Answer: D
Section 16(1)(g) of the Maharashtra Rent Control Act, 1999 permits recovery of possession where the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held.
Consider the following statements as to appeals under the Maharashtra Rent Control Act, 1999 :
Statement (I) : In Brihan Mumbai an appeal lies to a Bench of two Judges of the Court of Small Causes, Mumbai, which shall not include the Judge who made the decree or order.
Statement (II) : No appeal lies from a mere order fixing the standard rent.
aStatement (II) is correct, (I) is incorrect
bStatement (I) is correct, (II) is incorrect
cBoth statements are incorrect
dBoth statements are correct
Answer: D
Under Section 34 of the Maharashtra Rent Control Act, 1999, an appeal in Brihan Mumbai lies to a Bench of two Judges of the Court of Small Causes excluding the Judge who passed the order, and no appeal lies from a mere order fixing standard rent; both statements are correct.
Under Section 16(1)(b) of the Maharashtra Rent Control Act, 1999, a landlord may recover possession on the ground that the tenant has, without the landlord's written consent :
aErected on the premises a permanent structure
bInstalled an air-conditioner in the premises
cFixed a false ceiling in a room
dProvided a standing cooking platform in the kitchen
Answer: A
Section 16(1)(b) of the Maharashtra Rent Control Act, 1999 makes erection of a permanent structure without written consent a ground for eviction; the Explanation expressly excludes air-conditioners, false ceilings and standing cooking platforms from 'permanent structure'.
Under the Maharashtra Rent Control Act, 1999, on whom does the responsibility of getting a leave-and-licence or tenancy agreement registered lie, and what consequence does the Act attach to non-registration?
aOn the landlord; and in the absence of a registered written agreement the tenant's contention as to the terms shall prevail unless the landlord proves otherwise
bOn the tenant; and on default the landlord's version of the terms prevails
cJointly on both parties; and the agreement becomes void
dOn the licensee; and the licence is deemed to be a lease
Answer: A
Section 55 places the duty to register the agreement on the landlord, and provides that where there is no registered written agreement, the tenant's contention about the terms and conditions shall prevail unless proved otherwise by the landlord.
A landlord seeks to evict a tenant on the ground of arrears of rent under the Maharashtra Rent Control Act, 1999. Which of the following correctly states the protection available to the tenant?
aNo notice is required, but the tenant may deposit arrears within one year of decree
bNo suit can be instituted until ninety days have elapsed after a notice in writing, and no decree for eviction shall be passed if the tenant pays the arrears within ninety days of service of summons
cNo suit can be instituted until thirty days after notice, and the tenant gets no opportunity to pay after suit
dThe landlord may sue immediately, and the tenant has fifteen days from summons to deposit arrears
Answer: B
Under Section 15, a tenant cannot be evicted so long as he pays standard rent and permitted increases; a suit on the ground of arrears lies only after ninety days' written notice, and no eviction decree is passed if the tenant pays the arrears within ninety days of service of summons.
In respect of premises situated in Brihan Mumbai (Greater Mumbai), which court has jurisdiction to entertain and try a suit or proceeding between a landlord and tenant relating to recovery of rent or possession under the Maharashtra Rent Control Act, 1999?
aThe City Civil Court, Mumbai
bThe Court of Small Causes, Mumbai
cThe Bombay High Court on its original side
dThe Metropolitan Magistrate's Court
Answer: B
Section 33 vests jurisdiction in respect of premises in Brihan Mumbai in the Court of Small Causes, Mumbai (and elsewhere in the Court of Small Causes or the Court of the Civil Judge, Junior/Senior Division); no other court has such jurisdiction.
Which of the following persons is NOT qualified to be appointed as a Competent Authority under Section 40 of the Maharashtra Rent Control Act, 1999?
aA person holding an office not lower in rank than that of a Deputy Collector
bA person who has been an Advocate enrolled under the Advocates Act, 1961 for not less than five years
cA person who has practised as a chartered accountant for not less than ten years
dA person who is or has been a Civil Judge, Junior Division
Answer: C
Section 40(2) prescribes three alternative qualifications: an officer not below the rank of Deputy Collector, a person who is or has been a Civil Judge (Junior Division), or an Advocate of at least five years' standing. A chartered accountant does not qualify.
A landlord sues to recover possession on the ground that the tenant has erected a permanent structure on the let premises without his written consent. Which of the following, if so erected by the tenant, would NOT by itself amount to a 'permanent structure' attracting eviction under the Maharashtra Rent Control Act, 1999?
aAn additional floor of brick and concrete
bA permanent concrete loft cast into the building
cA pucca masonry wall constructed in place of a doorway
dA wooden partition, a cooking platform, a false ceiling or installation of an air-conditioner
Answer: D
The ground in Section 16 relating to erection of a permanent structure without the landlord's written consent expressly excludes the construction of wooden partitions, cooking platforms, false ceilings and installation of air-conditioners, which are not treated as permanent structures.
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Magistrate to order a monthly allowance for maintenance in favour of
aWives, children and parents unable to maintain themselves
bWives and minor children only
cOnly a divorced wife
dAny dependent relative within the meaning of the Hindu Adoptions and Maintenance Act
Answer: A
Section 144 BNSS (corresponding to the old Section 125 CrPC) allows a Magistrate to order maintenance for a wife, legitimate or illegitimate child, and father or mother who are unable to maintain themselves, where the person having sufficient means neglects or refuses to maintain them.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a warrant case instituted on a police report, after the charge-sheet is filed the police officer is also required to inform the informant or victim of the progress of investigation within
a90 days
b120 days
c60 days
d30 days
Answer: A
Section 193 BNSS introduces a duty on the police to inform the informant or victim of the progress of the investigation, including by electronic communication, within ninety days.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 caps the maximum period for which an undertrial prisoner (a first-time offender, not charged with an offence punishable with death or life imprisonment) may be detained. He shall ordinarily be released on bond once he has undergone detention up to
aOne-third of the maximum period of imprisonment specified for the offence
bThe full maximum period of imprisonment specified for the offence
cTwo-thirds of the maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: A
Section 479(1) BNSS provides that a first-time offender shall be released on bond after undergoing detention of up to one-third of the maximum period of imprisonment for the offence (the general rule of one-half continues for others), and the jail Superintendent must move an application on his behalf.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate taking cognizance of an offence on a complaint, where the accused resides in an area beyond his local jurisdiction, must before issuing process
aRefer the matter directly to the Court of Session
bExamine the complainant and witnesses on oath and may hold an inquiry, giving the accused an opportunity of being heard before issuing process
cTransfer the complaint to the Magistrate having jurisdiction over the accused's residence
dForward the complaint to the police for a Zero FIR
Answer: B
Section 223 BNSS requires examination of the complainant and witnesses on oath before taking cognizance on a complaint, and its proviso newly mandates that no cognizance be taken without giving the accused an opportunity of being heard where he resides beyond the Magistrate's local jurisdiction.
Which of the following is a new timeline expressly introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 that did not exist in the Code of Criminal Procedure, 1973?
aAppeals to the Court of Session must be filed within 7 days
bThe investigation in every cognizable case must conclude within 24 hours
cBail applications must be disposed of within 7 days in all cases
dThe court must frame charge and pronounce judgment within a fixed number of days, and pronounce judgment within 30 days (extendable to 45) of conclusion of trial
Answer: D
The BNSS introduces several fixed timelines absent in the CrPC, including that judgment in a trial be pronounced within 30 days of conclusion of arguments, extendable to 45 days for reasons recorded in writing (Section 258), aimed at speedier disposal.
A, aged 64 years and suffering from a chronic ailment, is alleged to have committed an offence punishable with imprisonment of two years. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer
ashall not arrest him without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
bmust obtain a warrant from the Magistrate before any arrest.
ccan arrest him only after recording reasons before the Sessions Judge.
dmay arrest him without warrant like any other accused.
Answer: A
The proviso to Section 35(7) of the BNSS, 2023 bars arrest, without prior permission of an officer not below the rank of DSP, of a person infirm or above sixty years of age where the offence is punishable with imprisonment less than three years.
A woman approaches a police station at Pune to report a cognizable offence that was actually committed within the jurisdiction of a police station at Nagpur. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the officer in charge at Pune
ashall register the FIR irrespective of the area where the offence is committed (Zero FIR).
bmay register it only after obtaining the Magistrate's order.
cmust refuse and direct her to the Nagpur police station.
dshall record a non-cognizable entry and forward it to Nagpur.
Answer: A
Section 173(1) of the BNSS codifies the Zero FIR concept, requiring registration of information relating to a cognizable offence irrespective of the area where the offence is committed.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable for three years or more but less than seven years, the officer in charge may, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case, which must be completed within
athirty days
btwenty-one days
cfourteen days
dseven days
Answer: C
Section 173(3) of the BNSS permits a preliminary enquiry, with the prior permission of an officer not below the rank of DSP, for offences punishable for three years or more but less than seven years, to be completed within fourteen days.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention authorised by a Magistrate during investigation, beyond which the accused becomes entitled to default bail, is
aninety days where the offence is punishable with death, imprisonment for life or imprisonment for not less than ten years, and sixty days in other cases.
bsixty days where the offence is punishable with death or imprisonment for life, and ninety days in other cases.
csixty days for every offence.
dninety days for every offence.
Answer: A
Section 187(3) of the BNSS fixes the maximum detention at ninety days for offences punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, and sixty days for any other offence, after which default bail accrues.
Which of the following correctly states the police custody rule under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as distinct from the old Section 167 of the Code of Criminal Procedure, 1973?
aPolice custody can never exceed fifteen days in total and must always be within the first fifteen days of remand.
bPolice custody is wholly abolished under the BNSS.
cPolice custody of up to fifteen days may be sought in parts during the initial portion of the sixty or ninety day detention period.
dPolice custody may extend up to thirty days for serious offences.
Answer: C
Under Section 187 of the BNSS the fifteen-day police custody may be authorised in parts within the first forty or sixty days of the sixty/ninety-day detention period, unlike Section 167 CrPC which confined it to the first fifteen days.
A person against whom a written instrument is void or voidable, and who has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable. This relief is provided under
aSection 31 (cancellation of instruments)
bSection 26 (rectification of instruments)
cSection 34 (declaratory decrees)
dSection 39 (mandatory injunctions)
Answer: A
Section 31 of the Specific Relief Act, 1963 permits any person against whom a written instrument is void or voidable, on reasonable apprehension of serious injury, to sue to have it adjudged void or voidable and delivered up and cancelled.
Consider the following statements regarding the Specific Relief Act, 1963: a. A perpetual injunction can be granted only by a decree made at the hearing and upon the merits of the suit. b. A perpetual injunction is governed by Section 38. 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
A perpetual injunction can only be granted by a decree made at the hearing and upon the merits of the suit, and the substantive provision for it is Section 38 of the Specific Relief Act, 1963.
Under Section 41 of the Specific Relief Act, 1963 (as amended in 2018), an injunction cannot be granted if it would
aRestrain a person from instituting a proceeding in a court subordinate to that from which the injunction is sought
bPrevent a continuing breach of a clear contractual obligation
cImpede or delay the progress or completion of an infrastructure project
dProtect a registered proprietary right of the plaintiff
Answer: C
Clause (ha) inserted in Section 41 by the 2018 amendment bars an injunction that would impede or delay the progress or completion of any infrastructure project (read with Section 20A), so option (b) is correct.
In a suit relating to a contract for an infrastructure project specified in the Schedule to the Specific Relief Act, 1963, Section 20A provides that
aSpecific performance shall be granted only with the Central Government's sanction
bNo injunction shall be granted where it would cause impediment or delay in the progress or completion of such project
cOnly damages, and not specific performance, can be granted
dThe suit must be transferred to the National Company Law Tribunal
Answer: B
Section 20A, inserted by the 2018 amendment, bars the grant of any injunction in a suit involving a contract relating to a scheduled infrastructure project where the injunction would cause impediment or delay in its progress or completion.
In a suit for specific performance of a contract, the plaintiff under Section 21 of the Specific Relief Act, 1963 may
aNever claim compensation along with specific performance
bClaim compensation for its breach, in addition to such performance
cClaim compensation only if he abandons the prayer for specific performance
dClaim only punitive damages but not compensatory damages
Answer: B
Section 21(1) of the Specific Relief Act, 1963 allows the plaintiff in a suit for specific performance to also claim compensation for the breach, in addition to such performance; and Section 21(2) permits compensation where specific performance ought not to be granted.
A is forcibly dispossessed of his shop by B without A's consent and otherwise than in due course of law. A files a suit under Section 6 of the Specific Relief Act, 1963 to recover possession. The trial court decrees the suit. B is aggrieved. Which of the following is the correct legal position?
aNo appeal lies from the decree, but B may file a review against it.
bB may file a regular first appeal against the decree.
cB may file an appeal only with leave of the High Court.
dNo appeal lies and no review is allowed; B's remedy is to file a separate suit to establish his title.
Answer: D
Section 6(3) of the Specific Relief Act bars both appeal and review against a decree passed in a suit under Section 6; the only remedy is a separate title suit, which Section 6(4) expressly preserves.
A is dispossessed of his agricultural land by B otherwise than in due course of law. Eight months after the dispossession, A files a suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession. The suit is
amaintainable, the limitation being three years.
bnot maintainable, as a Section 6 suit lies only for residential property.
cmaintainable, the limitation being twelve years.
dnot maintainable, having been filed after six months from the date of dispossession.
Answer: D
Section 6(2) of the Specific Relief Act bars a suit under Section 6 brought after the expiry of six months from the date of dispossession (or against the Government), so a suit filed after eight months is barred.
After the Specific Relief (Amendment) Act, 2018 came into force on 1st October 2018, when a plaintiff seeks specific performance of a contract that falls outside the categories barred by the Act, the court
amay grant specific performance in its discretion only if damages are an inadequate remedy.
bshall always refer the parties to substituted performance first.
cmay grant specific performance only of contracts relating to immovable property.
dshall enforce specific performance, subject to the provisions of Sections 11(2), 14 and 16.
Answer: D
The amended Section 10 substitutes the earlier discretionary language: specific performance of a contract shall now be enforced by the court, subject to Sections 11(2), 14 and 16; it is no longer a discretionary relief.
A enters into a contract with B for B's personal artistic services as a singer, the performance of which is so dependent on B's personal qualifications that the court cannot enforce its material terms. A sues B for specific performance. As per Section 14 of the Specific Relief Act, 1963 (as amended), the contract
acan be specifically enforced like any other contract after the 2018 amendment.
bcannot be specifically enforced, being so dependent on the personal qualifications of a party.
ccan be enforced only if A first obtains substituted performance.
dcan be enforced only with the consent of the Advocate General.
Answer: B
Section 14(c) of the amended Specific Relief Act provides that a contract so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms is not specifically enforceable.
A and B enter into an agreement which, by its own terms, is in its nature determinable at the will of either party. A sues for specific performance of the agreement. Under the Specific Relief Act, 1963 (as amended), such a contract
acan be specifically enforced.
bcan be enforced only if it relates to an infrastructure project.
ccan be enforced only against B and not against A.
dcannot be specifically enforced, being in its nature determinable.
Answer: D
Section 14(d) of the amended Specific Relief Act provides that a contract which is in its nature determinable cannot be specifically enforced.
Under Section 4 of the Indian Partnership Act, 1932, 'partnership' is the relation between persons who have agreed to share the
aownership of property held in common
blosses of a business carried on jointly
cprofits of a business carried on by all or any of them acting for all
dgross returns of a joint venture
Answer: C
Section 4 defines partnership as 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; sharing of profits coupled with the agency element is the essence.
Subject to a contract between the partners, which of the following events dissolves a firm under Section 42 of the Indian Partnership Act, 1932? a. Death of a partner b. Adjudication of a partner as insolvent c. Expiry of the fixed term for which it was constituted d. Completion of the adventure for which it was constituted. Choose the correct option.
aa and b only
bc and d only
cAll of the above
da and c only
Answer: C
Section 42, subject to contract to the contrary, dissolves a firm on expiry of a fixed term, completion of the adventure/undertaking, death of a partner, and adjudication of a partner as insolvent.
An unregistered partnership firm seeks to enforce, by suit against a third party, a right arising from a contract. As per Section 69(2) of the Indian Partnership Act, 1932, the suit is
amaintainable only with the leave of the court
bnot maintainable, since the firm is not registered
cmaintainable only if the contract is in writing
dmaintainable, registration being irrelevant against third parties
Answer: B
Section 69(2) bars a suit by or on behalf of an unregistered firm against a third party to enforce a right arising from a contract; registration and the suing partners being shown in the Register of Firms are pre-conditions.
A partnership entered into for an indefinite period, without provision for its duration or for determination of the partnership, is known under the Indian Partnership Act, 1932 as a
aParticular partnership
bSub-partnership
cPartnership at will
dLimited partnership
Answer: C
Section 7 defines a partnership at will as one where no provision is made for its duration or for the determination of the partnership.
Where, under a contract for the sale of specific or ascertained goods, the question is at what time the property in the goods passes to the buyer, Section 19 of the Sale of Goods Act, 1930 provides that the property passes
aat the time the parties to the contract intend it to pass
bonly upon registration of the contract
conly upon actual delivery of the goods
dat the time of payment of the price in every case
Answer: A
Section 19 provides that in a sale of specific or ascertained goods the property passes when the parties intend it to pass, regard being had to the terms of the contract, the conduct of the parties and the circumstances of the case.
A, by a registered document, promises to pay his nephew B a sum of Rs. 2,00,000 out of natural love and affection, but no consideration moves from B. B sues to enforce the promise. Choose the correct option.
aThe agreement is void for want of consideration.
bThe agreement is voidable at the option of A.
cThe agreement is enforceable only if B has rendered some past service to A.
dThe agreement is valid and enforceable as it falls within the exception under Section 25(1) of the Indian Contract Act.
Answer: D
Under Section 25(1) of the Indian Contract Act, 1872, an agreement made without consideration is valid if it is in writing, registered, and made on account of natural love and affection between parties standing in a near relation. Both conditions being satisfied, the promise is enforceable.
a. A debt barred by limitation can be revived by a promise in writing signed by the debtor, even though no fresh consideration is furnished. b. A promise to compensate a person who has voluntarily done something for the promisor in the past is wholly void for want of consideration. Choose the correct option in respect of the above statements.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: C
Section 25(3) of the Indian Contract Act validates a written, signed promise to pay a time-barred debt without fresh consideration, while Section 25(2) validates a promise to compensate for past voluntary services; thus statement b is incorrect.
An accepted proposal under the Indian Contract Act, 1872, becomes a
aconsideration
bagreement
ccontract
dpromise
Answer: D
Under Section 2(b) of the Indian Contract Act, a proposal, when accepted, becomes a promise. A promise supported by consideration is an agreement [S.2(e)], and an agreement enforceable by law is a contract [S.2(h)].
a. To create a valid agency, consideration moving from the principal to the agent is essential. b. The authority of an agent to bind the principal may be express or implied. Choose the correct option in respect of the above statements.
aBoth are incorrect
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: C
Section 185 of the Indian Contract Act provides that no consideration is necessary to create an agency, so statement a is incorrect; the authority of an agent may be express or implied, so statement b is correct.
In a contract of sale of goods, where the property in the goods is to be transferred at a future time or subject to some condition thereafter to be fulfilled, the contract is called
aan agreement to sell
ba sale
ca bailment
da hire-purchase
Answer: A
Under Section 4 of the Sale of Goods Act, 1930, where property transfers at once it is a sale, but where the transfer is to take place at a future time or subject to a condition yet to be fulfilled, it is an agreement to sell.
Where there are several mortgages on the same property and a puisne (subsequent) mortgagee redeems a prior mortgage, he is, under Section 92 of the Transfer of Property Act, entitled to
arecover only the principal sum advanced, without interest
bforeclosure only and not subrogation
ca fresh mortgage created by operation of law without any subrogation
dthe same rights as the mortgagee whose mortgage he redeems, by way of subrogation
Answer: D
Section 92 confers the right of subrogation: a person redeeming a prior mortgage steps into the shoes of and acquires the same rights as the redeemed mortgagee.
During the pendency of a suit relating to immovable property, the defendant transfers the suit property to a stranger. Under Section 52 of the Transfer of Property Act (doctrine of lis pendens), the transfer is
avoid ab initio
bvoidable at the option of the plaintiff
cvalid but the transferee is bound by the result of the suit
dvalid and wholly unaffected by the decree in the suit
Answer: C
Under Section 52, a transfer during pendency of a suit is not void; it is valid between the parties but subject to and bound by the decision of the court in the pending suit.
A makes a gift to B of certain shares in a company which are heavily burdened with onerous obligations, and also of a house, by the same transfer. B, being a person competent to contract, accepts the house. As per Section 127 of the Transfer of Property Act,
aB can accept the house and reject the burdened shares
bB can accept the shares free of the burden attached to them
cB accepting one of the things must accept the whole, including the burdened shares
dthe entire gift is void for being onerous
Answer: C
Section 127 (onerous gifts) provides that where a single transfer comprises several things, one burdened and others beneficial, the donee accepting one must accept the whole.
Under Section 108 of the Transfer of Property Act, in the absence of a contract or local usage to the contrary, on what event does the liability of a lessee to pay rent for premises rendered substantially unfit for the purpose let, by fire, tempest or flood, get affected?
aThe lessee may, at his option, treat the lease as void
bThe lessee is liable to repair the premises at his own cost without any option
cThe lease automatically determines and the lessor must refund advance rent
dThe lease subsists and rent remains fully payable in all circumstances
Answer: A
Section 108(e) provides that if by fire, tempest, flood, etc. the property is rendered substantially and permanently unfit for the purpose let, the lease shall, at the option of the lessee, be void.
In the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, deemed to be a lease
afrom month to month, terminable by 15 days' notice
bfrom year to year, terminable by 15 days' notice
cfor a fixed term of one year, not terminable by notice
dfrom year to year, terminable by six months' notice
Answer: D
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable on the part of either party by six months' notice.
a. A transfer of an actionable claim under Section 130 of the Transfer of Property Act can be effected only by an instrument in writing signed by the transferor or his duly authorised agent. b. A gift of immovable property under Section 123 can be made by an unregistered writing if it is attested by two witnesses. Choose the correct option.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: C
Section 130 requires an actionable claim to be transferred by writing signed by the transferor/agent. Section 123 requires a gift of immovable property to be made by a REGISTERED instrument attested by two witnesses, so statement b is wrong.
A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and after the death of the survivor to the eldest son of the intended marriage for life, and after his death to A's second son. The interest created in favour of the eldest son of the intended marriage is, under Section 13 of the Transfer of Property Act,
avoid, because a transfer for the benefit of an unborn person must confer the whole of the remaining interest in the property
bvalid, as a transfer for the benefit of an unborn person can confer a limited (life) interest
cvalid, because the eldest son was alive at the date of transfer
dvoid, because no interest can ever be created for an unborn person
Answer: A
Section 13 (illustration) makes clear that a transfer to an unborn person must extend to the whole of the transferor's remaining interest; a mere life interest to the unborn eldest son fails.
Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and he subsequently acquires an interest in that property, the transfer operates, under Section 43 of the Transfer of Property Act (doctrine of feeding the grant by estoppel),
aat the option of the transferee, on the after-acquired interest, so long as the contract subsists
bonly after fresh registration of a new deed by the transferor
cin favour of the transferor, who may resume the property
das void, since the transferor had no title at the date of transfer
Answer: A
Section 43 allows the transferee, at his option, to claim the property when the transferor subsequently acquires an interest in it, provided the contract of transfer still subsists.
A makes a gift of immovable property to B and delivers a registered gift deed. Before B accepts the gift, A dies. Under Section 122 of the Transfer of Property Act, the gift is
avalid and complete, as registration is sufficient irrespective of acceptance
bvoidable at the option of the donor's legal representatives
cvoid, because acceptance must be made during the lifetime of the donor and while he is still capable of giving
dvalid, as acceptance by the donee's legal heirs after the donor's death cures the defect
Answer: C
Section 122 requires acceptance of the gift by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies or acceptance fails before that, the gift is void.
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