Maharashtra Judiciary Mock Test 6 — Questions & Solutions
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a. Under the Code of Civil Procedure, an appeal from an original decree may lie even on a question of fact. b. No appeal lies from a decree passed by the court with the consent of the parties. 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 96(1) CPC permits a first appeal from an original decree on questions of fact and law, while Section 96(3) bars an appeal from a decree passed by the court with the consent of the parties.
The defendant fails to file his written statement within thirty days of service of summons. Under Order VIII Rule 1 of the Code of Civil Procedure (as applicable to ordinary suits), the court may, for reasons to be recorded in writing, allow the written statement to be filed on a later day, but not later than:
aOne hundred and twenty days from the date of service of summons
bForty-five days from the date of service of summons
cSixty days from the date of service of summons
dNinety days from the date of service of summons
Answer: D
Order VIII Rule 1 CPC requires the written statement within thirty days, extendable for recorded reasons up to ninety days from the date of service of summons.
A obtains a decree in a suit, and the defendant's property has been sold in execution. The auction-purchaser is a stranger to the suit. An application to set aside the sale of immovable property on the ground of a material irregularity or fraud in publishing or conducting it can be entertained only if the applicant proves that:
aThe sale price was less than the market value, regardless of any injury
bHe has sustained substantial injury by reason of such irregularity or fraud
cAny irregularity, however trivial, occurred in the proclamation
dThe decree itself was erroneous
Answer: B
Order XXI Rule 90 CPC permits setting aside a sale for material irregularity or fraud in publishing or conducting it only where the applicant proves that he has sustained substantial injury by reason thereof.
Two suits are pending: a previously instituted suit at Mumbai and a subsequently instituted suit between the same parties on the same matter in issue at Pune, both courts being competent. Under Section 10 of the Code of Civil Procedure, the court at Pune shall:
aStay the trial of the subsequently instituted suit
bDismiss the subsequently instituted suit outright
cReturn the plaint for presentation to the Mumbai court
dConsolidate both suits and try them together
Answer: A
Section 10 CPC (res sub judice) requires the court to stay the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties in a competent court.
In a money suit for recovery of Rs. 8,00,000, the plaintiff apprehends that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of his property. The plaintiff may apply to the court for:
aAttachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure
bArrest of the defendant in execution under Section 51
cAppointment of a receiver as a matter of right under Order XL
dA temporary injunction restraining the defendant from defending the suit
Answer: A
Order XXXVIII Rule 5 CPC empowers the court to direct attachment before judgment where the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property from the court's jurisdiction.
Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try all suits of a civil nature except those of which their cognizance is
aexpressly barred only
bimpliedly barred only
cbarred by a notification of the State Government in every case
deither expressly or impliedly barred
Answer: D
Section 9 CPC confers jurisdiction over all suits of a civil nature 'excepting suits of which their cognizance is either expressly or impliedly barred.' Exclusion of jurisdiction is not readily inferred and must be express or by clear implication.
a. The doctrine of constructive res judicata is contained in Explanation IV to Section 11 of the Code of Civil Procedure. b. Res sub judice under Section 10 bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties. Choose the correct option.
aBoth are incorrect
ba is correct and b is incorrect
cBoth are correct
da is incorrect and b is correct
Answer: C
Constructive res judicata is embodied in Explanation IV to Section 11 (matters which might and ought to have been raised). Section 10 (res sub judice) stays the trial, not institution, of a subsequent suit on the same matter pending between the same parties.
A first appeal under Section 96 of the Code of Civil Procedure lies on
aquestions of law only
bsubstantial questions of law only
cquestions of fact only
dboth questions of fact and questions of law
Answer: D
A first appeal under Section 96 CPC lies from an original decree and can be agitated on both questions of fact and law, unlike a second appeal under Section 100 which lies only on a substantial question of law.
A High Court hearing a second appeal under Section 100 of the Code of Civil Procedure can decide it only on
aa substantial question of law
ba question of fact
cboth questions of fact and law afresh
da mixed question of fact and law not framed at admission
Answer: A
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must ordinarily be framed at the stage of admission.
a. The power to transfer a suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State vests in the Supreme Court under Section 25 of the Code of Civil Procedure. b. The High Court may, under Section 24, transfer a suit only after the defendant has filed his written statement. Choose the correct option.
aa is correct and b is incorrect
bBoth are correct
cBoth are incorrect
da is incorrect and b is correct
Answer: A
Section 25 CPC empowers only the Supreme Court to transfer a case from a Civil Court in one State to a Civil Court in another State. Under Section 24 the High Court or District Court may transfer at any stage, not only after the written statement is filed.
Which of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure?
aWhere the suit appears from the statement in the plaint to be barred by any law
bWhere the plaint does not disclose a cause of action
cWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court
dWhere the defendant fails to appear on the date fixed for settlement of issues
Answer: D
Order VII Rule 11 lists grounds such as no cause of action, undervaluation, insufficient stamping, bar by law and non-compliance with Rule 9. Non-appearance of the defendant is dealt with under Order IX, not Order VII Rule 11.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of experts upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions is made relevant under
aSection 39
bSection 45
cSection 63
dSection 57
Answer: A
Section 39 BSA provides for the relevancy of opinions of experts (formerly Section 45 of the Evidence Act).
a. Under the Bharatiya Sakshya Adhiniyam, 2023, primary evidence is dealt with under Section 57. b. Secondary evidence is dealt with under Section 58. Choose the correct option in respect of the above statements.
aBoth are correct
ba is incorrect and b is correct
cBoth are incorrect
da is correct and b is incorrect
Answer: A
Section 57 BSA defines primary evidence and Section 58 BSA defines secondary evidence (formerly Sections 62 and 63 of the Evidence Act respectively).
A printout of an electronic record is sought to be admitted in evidence. Under the Bharatiya Sakshya Adhiniyam, 2023, the certificate enabling its admissibility is required under
aSection 61
bSection 57
cSection 63
dSection 65
Answer: C
Section 63 BSA governs admissibility of electronic records and the accompanying certificate (the successor to Section 65B of the Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof lies on the person who would fail if no evidence at all were given on either side is contained in
aSection 106
bSection 101
cSection 104
dSection 109
Answer: C
Section 104 BSA lays down the general rule of burden of proof (formerly Section 101 of the Evidence Act).
When a fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023, this principle is contained in
aSection 111
bSection 109
cSection 106
dSection 104
Answer: B
Section 109 BSA places the burden of proving a fact especially within a person's knowledge upon that person (formerly Section 106 of the Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, where the question is whether a man is alive or dead and it is shown that he has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive is shifted by
aSection 109
bSection 116
cSection 111
dSection 110
Answer: C
Section 111 BSA places the burden of proving that a person who has not been heard of for seven years is alive on the person who affirms it.
Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, the conclusive proof of legitimacy of a child born during the continuance of a valid marriage can be displaced only by showing that
athe husband was impotent at the time of the marriage
bthe parties to the marriage had no access to each other at any time when the child could have been begotten
ca DNA test excludes the husband as the biological father
dthe child was born more than two hundred and eighty days after the marriage
Answer: B
Section 116 BSA makes birth during a valid marriage conclusive proof of legitimacy unless it is shown that the parties had no access to each other when the child could have been begotten.
A, by his declaration, intentionally causes B to believe a thing to be true and to act upon that belief; A is afterwards barred from denying the truth of that thing in a proceeding between them. This doctrine of estoppel is contained under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 124
bSection 116
cSection 119
dSection 121
Answer: D
Section 121 BSA enacts the doctrine of estoppel (formerly Section 115 of the Evidence Act).
a. Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses is required for the proof of any fact. b. Leading questions are dealt with separately under the same Act. Which sections respectively govern these two matters?
aSection 134 and Section 141
bSection 118 and Section 145
cSection 139 and Section 146
dSection 142 and Section 162
Answer: C
Section 139 BSA provides that no particular number of witnesses is required to prove any fact, and Section 146 BSA deals with leading questions.
Under the Bharatiya Sakshya Adhiniyam, 2023, the power of a Judge to put any question he pleases, in any form, at any time, to any witness or party, in order to discover or obtain proper proof of relevant facts, is conferred by
aSection 165
bSection 168
cSection 162
dSection 146
Answer: B
Section 168 BSA confers on the Judge the power to put questions or order production of documents (formerly Section 165 of the Evidence Act).
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general rule that limitation bars the remedy but not the right, because it provides that
athe debt itself is discharged once limitation for the money suit expires
bno disability can ever stop time once it has begun to run
cthe right to property is extinguished on the determination of the period for a suit for possession
da fresh period begins on every acknowledgment of title
Answer: C
Section 27 lays down that at the determination of the period limited for a suit for possession of property, the person's right to that property is extinguished; it works as the substantive basis of adverse possession.
A debtor, before the prescribed period has expired, signs a writing acknowledging his liability in respect of the debt. Under Section 18 of the Limitation Act, 1963, the effect of such acknowledgment is that
aa fresh period of limitation is computed from the time the acknowledgment was signed
bthe time already elapsed is doubled
cthe debt becomes irrecoverable as it stands admitted
dlimitation is suspended for one year only
Answer: A
Section 18 provides that where a written acknowledgment of liability is signed before the expiration of the prescribed period, a fresh period of limitation is computed from the time when the acknowledgment was so signed.
Section 9 of the Limitation Act, 1963 embodies the principle that
athe running of time may be interrupted by part-payment alone
btime does not run against a person under disability at any stage
cwhere once time has begun to run, no subsequent disability or inability to sue stops it
dtime is suspended during the pendency of any bona fide proceeding
Answer: C
Section 9 lays down that once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it, subject only to the proviso regarding administration of an estate.
A plaintiff in good faith and with due diligence prosecutes his civil suit before a court which is later found to lack jurisdiction. In computing limitation for a fresh suit on the same matter, Section 14 of the Limitation Act, 1963 allows him to
aobtain automatic condonation of any delay under Section 5
bhave the entire fresh suit treated as a continuation of the earlier one
cexclude the time during which he was prosecuting the earlier proceeding in the court without jurisdiction
dclaim a fresh period of three years from the order of return of plaint
Answer: C
Section 14 excludes, in computing limitation, the time spent bona fide and with due diligence prosecuting a prior civil proceeding in a court unable to entertain it for defect of jurisdiction or other like cause.
Under Article 137 of the Schedule to the Limitation Act, 1963, which is the residuary article for applications, the period of limitation and its starting point are
aninety days from the date of knowledge
bthree years from when the right to apply accrues
cone year from the date of the application's cause
dthirty days from the date of the order applied against
Answer: B
Article 137 is the residuary provision for applications for which no period is provided elsewhere in the Schedule, prescribing three years to be reckoned from when the right to apply accrues.
A defendant against whom an ex parte decree is passed applies under Order IX Rule 13 CPC to set it aside, the summons having been served only by substituted service under Order V Rule 20 CPC. For Article 123 of the Limitation Act, 1963, the thirty-day period runs from
athe date the applicant had knowledge of the decree, since substituted service is not deemed due service
bthe date the decree is engrossed and signed
cthe date of the ex parte decree in every case
dthe date of the first hearing at which the defendant was absent
Answer: A
Article 123 gives thirty days from the date of the decree, but where the summons was not duly served, from when the applicant had knowledge; the Explanation declares substituted service under Order V Rule 20 not to be due service.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property based on title (Article 65), where a defendant pleads adverse possession, is
atwelve years from when the defendant's possession becomes adverse to the plaintiff
bthirty years from the accrual of title
csix months from the date of dispossession
dthree years from dispossession
Answer: A
Article 65 prescribes twelve years for a title-based suit for possession of immovable property, the time running from when the defendant's possession becomes adverse to the plaintiff.
Under the Schedule to the Limitation Act, 1963, the period of limitation for an appeal to the High Court from a decree or order (Article 116) is
aninety days
bsixty days
cthirty days
done hundred and twenty days
Answer: A
Article 116 prescribes ninety days for an appeal to a High Court from a decree or order, whereas an appeal to any other court is limited to thirty days, both running from the date of the decree or order.
Under Section 12 of the Limitation Act, 1963, in computing the period of limitation for any suit, appeal or application, the day from which the period is to be reckoned
ashall be counted at the court's discretion
bshall be excluded
cshall be included
dshall be counted only if it is a working day
Answer: B
Section 12(1) directs that the day from which the period is to be reckoned shall be excluded; further sub-sections additionally exclude time for obtaining copies of the decree, sentence or order appealed from.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit to obtain a declaration that an alleged adoption is invalid, or never in fact took place (Article 58 / the declaratory article), is
asix years from the accrual of the right to sue
bthree years from the accrual of the right to sue
cone year from the accrual of the right to sue
dtwelve years from the accrual of the right to sue
Answer: B
Article 58, the general article for suits to obtain any declaration, prescribes three years from the date on which the right to sue first accrues.
By which amendment was the right to property deleted as a fundamental right (by omitting Article 19(1)(f) and Article 31) and made instead a constitutional/legal right under Article 300A?
aThe Constitution (25th Amendment) Act, 1971
bThe Constitution (1st Amendment) Act, 1951
cThe Constitution (44th Amendment) Act, 1978
dThe Constitution (42nd Amendment) Act, 1976
Answer: C
The Constitution (44th Amendment) Act, 1978 deleted Article 19(1)(f) and Article 31, removing the right to property from the fundamental rights, and inserted Article 300A in Part XII making it a constitutional/legal right.
Match the following Articles of the Constitution with the protection they confer: a. Protection against ex post facto law I. Article 20(3); b. Protection against double jeopardy II. Article 20(1); c. Protection against self-incrimination III. Article 22; d. Protection against arrest and detention IV. Article 20(2). Choose the correct option (a b c d):
aII IV I III
bIII I II IV
cIV III II I
dI II III IV
Answer: A
Article 20(1) bars ex post facto law, Article 20(2) bars double jeopardy, Article 20(3) protects against self-incrimination, and Article 22 deals with protection against arrest and detention. The correct match is a-II, b-IV, c-I, d-III.
A pre-Constitution penal law was inconsistent with a fundamental right when the Constitution came into force, rendering it inoperative. After a constitutional amendment removes that inconsistency, the law revives and becomes operative. This principle is known as:
aDoctrine of pith and substance
bDoctrine of colourable legislation
cDoctrine of eclipse
dDoctrine of severability
Answer: C
Under the doctrine of eclipse (applicable to pre-Constitution laws under Article 13(1)), an inconsistent law is not dead but only eclipsed by the fundamental right, and revives once the inconsistency is removed.
A statute contains some provisions that violate fundamental rights and some that do not. The valid portions can stand independently of the offending portions. As per Article 13, what is the proper course?
aThe entire statute must be struck down as void
bThe statute is merely eclipsed and revives automatically after one year
cOnly the offending portions are void to the extent of inconsistency, the rest remaining operative
dThe statute remains fully valid until expressly repealed by the legislature
Answer: C
Under the doctrine of severability flowing from Article 13, a law is void only 'to the extent of' the inconsistency; if the valid part can stand independently, only the offending part is struck down.
The directive that 'the State shall take steps to separate the judiciary from the executive in the public services of the State' is contained in which Article, and to which Part of the Constitution does it belong?
aArticle 235, in Part VI (control of subordinate courts)
bArticle 50, in Part IV (Directive Principles of State Policy)
cArticle 50, in Part III (Fundamental Rights)
dArticle 39A, in Part IV (Directive Principles of State Policy)
Answer: B
Article 50, a Directive Principle in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State. Being a DPSP, it is not enforceable by any court.
A constitutional amendment seeks to alter the provisions in the Seventh Schedule (the legislative Lists) and the manner of election of the President. Under the proviso to Article 368, such an amendment requires:
aA special majority in each House plus ratification by all the State Legislatures
bThe assent of the President alone without any vote in Parliament
cA simple majority of members present and voting in each House only
dA special majority in each House plus ratification by the Legislatures of not less than one-half of the States
Answer: D
Under the proviso to Article 368(2), amendments affecting matters such as the election of the President and any of the Lists in the Seventh Schedule require, in addition to a special majority, ratification by the Legislatures of not less than one-half of the States.
Match each writ with its literal meaning: a. Mandamus I. 'Let the body be produced'; b. Habeas corpus II. 'We command'; c. Quo warranto III. 'To be certified / more fully informed'; d. Certiorari IV. 'By what authority / warrant'. Choose the correct option (a b c d):
aIII IV I II
bIV III II I
cII I IV III
dI II III IV
Answer: C
Mandamus means 'we command', habeas corpus means 'let the body be produced', quo warranto means 'by what authority', and certiorari means 'to be certified'. The correct match is a-II, b-I, c-IV, d-III.
Consider the following two statements: a. The right to move the Supreme Court under Article 32 can be suspended during a proclamation of Emergency only to the extent and in the manner provided by the Constitution. b. The list of Fundamental Duties was first inserted into the Constitution by the 42nd Amendment Act, 1976. 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: A
Article 32(4) provides that the right guaranteed by Article 32 shall not be suspended except as otherwise provided by the Constitution (e.g. during Emergency). Fundamental Duties (Article 51A, Part IVA) were inserted by the 42nd Amendment Act, 1976. Both statements are correct.
Article 13(2) of the Constitution provides that the State shall not make any law which takes away or abridges the rights conferred by Part III. The consequence of a post-Constitution law made in contravention of this clause is that such law:
aIs voidable at the option of the affected person
bShall, to the extent of the contravention, be void
cIs merely eclipsed and revives if the fundamental right is later amended
dIs valid until struck down by Parliament
Answer: B
Article 13(2) declares that a law made in contravention of the clause shall, to the extent of the contravention, be void. The doctrine of eclipse generally applies to pre-Constitution laws under Article 13(1), not to post-Constitution laws under Article 13(2).
Consider the following two statements regarding the writ jurisdiction of the superior courts: a. Habeas corpus is a writ available to secure the release of a person from unlawful detention. b. A High Court under Article 226 may issue a writ even against an authority situated outside its territorial jurisdiction if the cause of action arises wholly or in part within its territory. Choose the correct option:
aa is correct and b is incorrect
bBoth are correct
ca is incorrect and b is correct
dBoth are incorrect
Answer: B
Habeas corpus secures release from unlawful detention. Under Article 226(2), a High Court may issue writs against an authority outside its territory if the cause of action arises wholly or in part within its territorial jurisdiction. Both statements are correct.
A, a cement dealer, enters into a contract with Z to deliver 100 bags of cement and obtains the price in advance from Z. Afterwards, with an honest intention at the time of contract, A breaks the contract and fails to deliver the cement. Under the Bharatiya Nyaya Sanhita, 2023,
aA committed criminal breach of trust under Section 316
bA did not cheat Z and is only liable to a civil action for breach of contract
cA cheated Z under Section 318
dA committed snatching under Section 304
Answer: B
Cheating under Section 318 of the BNS requires fraudulent or dishonest intention at the time of the inducement; a mere subsequent breach of a contract honestly entered into gives rise only to civil liability.
A snatches a mobile phone by suddenly grabbing it from the hand of Z while walking past, without otherwise using or threatening force. Under the Bharatiya Nyaya Sanhita, 2023, this newly defined offence of "snatching" falls under
aSection 310
bSection 303
cSection 304
dSection 309
Answer: C
Section 304 of the BNS, 2023 is a new provision defining and punishing snatching, where the offender suddenly, quickly or forcibly seizes or grabs movable property in order to commit theft.
Consider the following statements regarding the Bharatiya Nyaya Sanhita, 2023: a. The maximum punishment for the offence of criminal breach of trust under Section 316 has been increased to imprisonment which may extend to five years. b. The general punishment for cheating under Section 318 may extend to seven years. Choose the correct option.
aBoth are incorrect
bBoth are correct
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: B
Under Section 316 of the BNS the general punishment for criminal breach of trust was raised to up to five years, and Section 318(4) provides cheating punishable with imprisonment up to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of "organised crime", newly introduced and committed by a member of an organised crime syndicate, is dealt with under
aSection 109
bSection 117
cSection 113
dSection 111
Answer: D
Section 111 of the BNS, 2023 is a new provision defining and punishing organised crime, which had no counterpart in the Indian Penal Code, 1860.
A intentionally throws acid (a corrosive substance) on Z, intending to cause hurt. Under the Bharatiya Nyaya Sanhita, 2023, where the hurt caused by such corrosive substance is grievous, the offence is most specifically punishable under
aSection 118 (causing hurt or grievous hurt by dangerous weapons or means)
bSection 115 (voluntarily causing hurt)
cSection 189 (unlawful assembly)
dSection 117 (voluntarily causing grievous hurt)
Answer: A
Section 118 of the BNS, 2023 specifically covers voluntarily causing hurt or grievous hurt by dangerous weapons or means, including by any corrosive substance, and is the more specific provision.
Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide, where the person so abetted commits suicide, is punishable with imprisonment which may extend to ten years and fine under
aSection 113
bSection 137
cSection 106
dSection 108
Answer: D
Section 108 of the BNS, 2023 punishes abetment of suicide with imprisonment of either description for a term which may extend to ten years and also fine.
Under the Bharatiya Nyaya Sanhita, 2023, whoever causes death of any person by a rash or negligent act not amounting to culpable homicide, and who escapes from the scene of the incident without reporting it to a police officer or Magistrate soon after the incident, is punishable with imprisonment which may extend to
afive years
bseven years
cten years
dtwo years
Answer: C
The proviso introduced in Section 106 of the BNS, 2023 enhances the punishment to up to ten years and fine where the offender escapes from the scene without reporting the incident soon thereafter to the police or a Magistrate.
Consider the following statements under the Bharatiya Nyaya Sanhita, 2023: a. Whoever, being a member of an unlawful assembly, uses force or violence in prosecution of the common object is guilty of rioting. b. The use of force by even one member of the unlawful assembly in prosecution of the common object makes every member guilty of rioting. 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: D
Section 191 of the BNS, 2023 provides that when force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object, every member of such assembly is guilty of rioting.
A causes the death of Z by doing an act with the intention of causing such bodily injury as is likely to cause death, but the case is not covered by any clause of Section 101. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of culpable homicide not amounting to murder, the punishment for which is provided under
aSection 106
bSection 103
cSection 105
dSection 104
Answer: C
Section 105 of the BNS, 2023 prescribes the punishment for culpable homicide not amounting to murder, which (where there is intention) may be imprisonment for life or 5 to 10 years and fine.
Under the Maharashtra Rent Control Act, 1999, a landlord may recover possession on the ground that the premises have not been used by the tenant without reasonable cause for a continuous period of:
asix months immediately preceding the date of the suit
bthree months immediately preceding the date of the suit
ctwo years immediately preceding the date of the suit
done year immediately preceding the date of the suit
Answer: A
One of the grounds for recovery of possession in Section 16 is that 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 date of the suit.
With reference to the receiving of a fine, premium or other like sum (commonly called 'pagdi') in consideration of the grant, renewal or transfer of a tenancy, the Maharashtra Rent Control Act, 1999, in contrast to the earlier Bombay Rent Act, 1947:
acompletely prohibits any such payment and makes it a cognizable offence
bpermits it only between members of the same family
cpermits it only with the prior sanction of the Court of Small Causes
dlegalises and permits a landlord to receive such fine, premium or pagdi within the scheme of the Act
Answer: D
Section 56 departs from the earlier prohibition and makes it lawful for a landlord to receive a fine, premium or other consideration (pagdi) for the grant, renewal or transfer of a tenancy, thereby legalising the long-standing practice.
Under Section 11 of the Maharashtra Rent Control Act, 1999, the standard annual increase in rent that a landlord is ordinarily entitled to charge over the standard rent or the agreed rent is:
afifteen per cent per annum
bten per cent per annum
ctwo per cent per annum
dfour per cent per annum
Answer: D
Section 11 permits the landlord an annual increase of four per cent per annum in the rent of the premises, in addition to specified permitted increases for improvements, structural repairs and special amenities.
A licensee fails to deliver possession of the premises to the landlord on the expiry of the period of licence. Under the Maharashtra Rent Control Act, 1999, the licensee continuing in possession after expiry is liable to pay to the landlord, by way of compensation, damages at:
aone and a half times the rate of the licence fee
btreble the rate of the licence fee
cthe same rate as the licence fee
ddouble the rate of the licence fee
Answer: D
Section 24 provides that on expiry of the period of licence the licensee must hand over possession, and a licensee who continues to occupy is liable to pay damages at double the rate of the licence fee, recoverable through the Competent Authority.
Which of the following best describes the term 'permitted increases' as defined in the Maharashtra Rent Control Act, 1999?
aAn increase in rent fixed only by the High Court
bAny increase in rent agreed to orally between landlord and tenant
cThe increase in municipal taxes alone
dAn increase in rent permitted under the provisions of the Act
Answer: D
Section 7 defines 'permitted increases' to mean an increase in rent permitted under the provisions of the Act, distinguishing such statutorily sanctioned increases from arbitrary or merely agreed increases.
A landlord seeks possession on the ground of unlawful sub-letting. Under the Maharashtra Rent Control Act, 1999, recovery of possession on this ground is available where the tenant has, after the commencement of the Act and without the landlord's consent:
aunlawfully sub-let, or given on licence, the whole or part of the premises, or assigned or transferred his interest therein
bmerely allowed a family member to reside with him
cpermitted a guest to stay for less than a month
dstored his own goods in part of the premises
Answer: A
Section 16 makes unlawful sub-letting, or giving on licence, or assignment or transfer of the whole or part of the premises after the commencement of the Act (without the landlord's consent) a ground for recovery of possession; mere residence of family members is not sub-letting.
Under the Maharashtra Rent Control Act, 1999, the punishment prescribed for a landlord who contravenes the requirement of getting the tenancy/leave-and-licence agreement registered is:
afine of fifty thousand rupees only
bimprisonment up to one year or fine up to twenty-five thousand rupees
cimprisonment up to six months without any fine
dimprisonment up to three months or fine not exceeding five thousand rupees, or both
Answer: D
Section 55 provides that a landlord who fails to comply with the obligation to register the agreement is punishable with imprisonment which may extend to three months, or with fine not exceeding five thousand rupees, or with both.
Where a dispute arises between landlord and tenant as to the amount of standard rent payable, or the rent payable cannot be ascertained, the Maharashtra Rent Control Act, 1999 empowers which forum to fix the standard rent?
aThe Rent Tribunal constituted under the Model Tenancy Act
bThe Court (Court of Small Causes / Civil Judge as the case may be) under Section 8
cThe Municipal Commissioner
dThe Collector of the district
Answer: B
Section 8 empowers the Court to fix the standard rent on application, including where the rental history is unascertainable, where premises were let at different times, or where there is a dispute between landlord and tenant as to the amount of rent.
To which of the following premises does the Maharashtra Rent Control Act, 1999 generally NOT apply?
aResidential premises of an individual let to another individual
bA residential flat in a co-operative housing society let to a family
cPremises let to banks, public sector undertakings, foreign missions, or companies having a paid-up share capital above the prescribed limit
dA small shop let to a sole proprietor
Answer: C
Section 3 exempts certain categories from the Act, including premises belonging to the Government or local authority and premises let to banks, public sector or financial undertakings, foreign missions and companies whose paid-up share capital exceeds the prescribed amount.
Under the Maharashtra Rent Control Act, 1999, the expression 'tenant' includes which of the following?
aAny trespasser in occupation of the premises
bA person by whom rent is payable, and includes a deemed tenant, a lawful sub-tenant, and a member of the tenant's family residing with him who succeeds on the tenant's death
cOnly a person paying rent under a registered lease
dOnly the person who originally executed the rent agreement
Answer: B
The definition of 'tenant' in Section 7 is wide and includes a person by whom rent is payable, deemed tenants, lawful sub-tenants, and members of the tenant's family who were residing with him and succeed to the tenancy on his death.
B, a first-time offender not charged with an offence punishable with death or imprisonment for life, is an undertrial prisoner. Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he shall be released on bond by the Court if he has undergone detention up to
aone-half of the maximum period of imprisonment specified for the offence.
bone-third of the maximum period of imprisonment specified for the offence.
cthe full maximum period of imprisonment specified for the offence.
done-fourth of the maximum period of imprisonment specified for the offence.
Answer: B
The first proviso to Section 479(1) of the BNSS provides that a first-time offender shall be released on bond once he has undergone detention up to one-third of the maximum period of imprisonment specified for the offence; the general rule for others is one-half.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court of Judicial Magistrate of the First Class may pass a sentence of
aimprisonment not exceeding seven years.
bimprisonment not exceeding three years and fine not exceeding ten thousand rupees only.
cany sentence except death and imprisonment for life.
dimprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service.
Answer: D
Section 23(2) of the BNSS empowers a Magistrate of the First Class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except
adeath, imprisonment for life, or imprisonment for a term exceeding seven years.
bimprisonment for a term exceeding three years.
cdeath or imprisonment for life only.
ddeath, imprisonment for life, or imprisonment for a term exceeding ten years.
Answer: A
Section 23(1) of the BNSS provides that a Chief Judicial Magistrate may pass any sentence except death, imprisonment for life, or imprisonment for a term exceeding seven years.
During the trial of a warrant case, the prosecution seeks repeated adjournments. Under Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum number of adjournments that may be granted to a party, after hearing objections and for reasons recorded in writing, is
atwo
bone
cunlimited, at the discretion of the Court
dthree
Answer: A
The second proviso to Section 346(1) of the BNSS caps adjournments to a party at two, to be granted after hearing the other party's objections and for reasons recorded in writing.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition before the President or the Governor within
asixty days from the date of confirmation of the death sentence.
bthirty days from the date the Jail Superintendent informs him of the dismissal of his appeal or review.
cfifteen days from the date the Jail Superintendent informs him of the dismissal of his appeal or review.
dninety days from the date of the trial court's judgment.
Answer: B
Section 472(1) of the BNSS requires a death-sentence convict to present a mercy petition within thirty days of being informed by the Jail Superintendent about the dismissal of the final appeal, review or special leave petition by the Supreme Court.
Which of the following statements about service of summons under the Bharatiya Nagarik Suraksha Sanhita, 2023 is correct? a. Summons may be served in an encrypted or other electronic form bearing the image of the seal of the Court or the digital signature. b. Summons served through electronic communication is deemed duly served and a copy is attested and kept as proof. 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: C
Section 64 read with Section 530 of the BNSS permits service of summons in encrypted or electronic form bearing the Court's seal image or digital signature, and treats such electronically served summons as duly served, with an attested copy kept as proof.
Under the Bharatiya Sakshya Adhiniyam, 2023, an electronic record produced before the Court as proof of its contents must be accompanied by a certificate. This certificate (corresponding to the old Section 65B of the Indian Evidence Act, 1872) is provided under
aSection 65 of the BSA
bSection 61 of the BSA
cSection 63 of the BSA
dSection 39 of the BSA
Answer: C
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 governs the admissibility of electronic records and requires the certificate under Section 63(4), replacing Section 65B of the Indian Evidence Act.
A Judicial Magistrate First Class convicts an accused for two distinct offences at one trial and sentences him to two consecutive terms of two years each. The aggregate is four years. Under Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the accused required to be sent to a higher Court merely because the aggregate exceeds the Magistrate's ordinary sentencing power?
aYes, the case must be committed to the Court of Session.
bYes, the aggregate cannot exceed the Magistrate's sentencing power.
cNo, there is no limit at all on consecutive sentences a Magistrate may impose.
dNo, but the aggregate punishment shall not exceed twice the amount of punishment the Magistrate is competent to inflict for a single offence.
Answer: D
Section 24 of the BNSS permits a Magistrate to award consecutive sentences exceeding his ordinary power, but the aggregate shall not exceed twice the amount of punishment he is competent to inflict for a single offence, and the accused need not be sent to a higher Court merely on that ground.
A police officer issues a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a person against whom a reasonable complaint exists, directing him to appear. The person complies with and continues to comply with the notice. The consequence is that
ahe shall not be arrested in respect of that offence unless, for reasons to be recorded, the officer is of the opinion that he ought to be arrested.
bhe must furnish a bail bond before the Magistrate within 24 hours.
cthe investigation against him must be closed.
dhe shall be arrested forthwith for the offence named in the notice.
Answer: A
Section 35(6) of the BNSS provides that where a person complies and continues to comply with a notice under Section 35(3), he shall not be arrested in respect of that offence unless the officer records reasons for the contrary opinion.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where multiple convicts under sentence of death have made mercy petitions, the petitions are first received and disposed of by
athe National Human Rights Commission.
bthe President or the Governor, as the case may be, under Article 72 or Article 161 of the Constitution.
cthe High Court that confirmed the sentence.
dthe Supreme Court directly.
Answer: B
Section 472 of the BNSS routes a death-sentence convict's mercy petition to the President under Article 72 or the Governor under Article 161 of the Constitution, with the Central Government bound to forward its recommendation to the President within sixty days.
A party who suffers breach of a contract due to non-performance by the other party wishes to avail substituted performance under Section 20 of the Specific Relief Act, 1963 (as substituted by the 2018 Amendment) by getting the work done through a third party. Before doing so, he 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 amended Specific Relief Act requires that substituted performance shall not be undertaken unless the party suffering the breach has given a written notice of not less than thirty days to the party in breach calling upon him to perform.
A, who has suffered breach of contract by B, gets the contract performed through a third party after duly giving the notice contemplated by Section 20 of the Specific Relief Act, 1963 and recovering his expenses. Thereafter A also sues B for specific performance of the same contract. As per the amended Section 20
aA may claim both substituted performance and specific performance.
bA, having availed substituted performance, shall not be entitled to claim specific performance against B.
cA may claim specific performance only if the expenses recovered were inadequate.
dA may claim specific performance only of an immovable-property contract.
Answer: B
Under the amended Section 20, where 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 (though he may recover costs and expenses).
A contractor files a suit relating to a contract concerning an infrastructure project specified in the Schedule to the Specific Relief Act, 1963, and applies for an injunction. The court finds that granting the injunction would cause delay in completion of the infrastructure project. Under Section 20A of the Act
athe court may grant the injunction only with the prior sanction of the Central Government.
bno injunction shall be granted by the court in such a suit.
cthe court must convert the relief into damages and grant injunction simultaneously.
dthe court may grant the injunction on the contractor furnishing security.
Answer: B
Section 20A, inserted by the 2018 Amendment, bars a court from granting an injunction in a suit involving a contract relating to a Scheduled infrastructure project where granting the injunction would cause impediment or delay in the progress or completion of the project.
In a suit for specific performance of an agreement to sell immovable property, the plaintiff neither pleads nor proves that he has performed or has always been ready and willing to perform the essential terms of the contract on his part. As per Section 16 of the Specific Relief Act, 1963, the suit is
aliable to be decreed, as readiness and willingness need not be pleaded after the 2018 amendment.
bto be adjourned until the plaintiff deposits the balance consideration.
cliable to be dismissed, since absence of pleading and proof of readiness and willingness bars specific performance.
dto be converted automatically into a suit for refund of earnest money.
Answer: C
Section 16(c) bars specific performance in favour of a person who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part; absence of such pleading and proof is fatal.
A holds a registered sale deed obtained from B by undue influence. B, against whom the instrument is voidable, apprehends that the instrument, if left outstanding, may cause him serious injury. B wishes to have it adjudged void and delivered up and cancelled. The appropriate relief under the Specific Relief Act, 1963 is
aa suit for declaration of title under Section 34.
ba suit for cancellation of the instrument under Section 31.
ca suit for perpetual injunction under Section 38.
da suit for recovery of possession under Section 5.
Answer: B
Section 31 of the Specific Relief Act allows a person against whom a written instrument is void or voidable, who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
A is in possession of certain property as its owner. B, without any present intention to sue, wrongfully asserts that A is not the owner. A sues merely for a declaration that he is the owner but, being entitled also to recover possession from a trespasser, omits to seek that further relief. Under the proviso to Section 34 of the Specific Relief Act, 1963, the court
ashall make the declaration but leave possession to a fresh suit.
bshall make the declaration and grant possession suo motu.
cshall dismiss the suit only if B raises the objection.
dshall not make any declaration where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
Answer: D
The proviso to Section 34 bars the court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Which of the following injunctions is barred by Section 41 of the Specific Relief Act, 1963?
aAn injunction to prevent the breach of a contract relating to private immovable property.
bAn injunction to restrain a trespasser from interfering with the plaintiff's lawful possession.
cAn injunction to restrain a person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.
dAn injunction to restrain the breach of an obligation existing in favour of the plaintiff.
Answer: C
Section 41(b) of the Specific Relief Act bars an injunction restraining any person from instituting or prosecuting a proceeding in a court not subordinate to that from which the injunction is sought.
In a suit for specific performance of a contract to sell immovable property, the plaintiff also wishes to obtain possession of the property. Under Section 22 of the Specific Relief Act, 1963, such relief of possession
acannot be claimed in the suit for specific performance and must be the subject of a separate suit.
bmay be claimed in the same suit, the plaintiff being entitled to ask in an appropriate case for possession or partition in addition to specific performance.
cis granted automatically without any prayer.
dmay be claimed only after the decree for specific performance is fully executed.
Answer: B
Section 22 permits a plaintiff in a suit for specific performance to ask, in an appropriate case, for possession, or partition and separate possession, in addition to specific performance, and a prayer for such relief may be claimed in the same suit.
A is the lawful owner in actual possession of a plot of land. B, who has no right to the land, repeatedly threatens to dispossess A and demolish A's boundary wall. A apprehends that compensation in money would not afford adequate relief. The most appropriate relief A can seek under the Specific Relief Act, 1963 is
asubstituted performance under Section 20.
ba declaratory decree under Section 34 only.
ccancellation of an instrument under Section 31.
da perpetual injunction under Section 38 to prevent the invasion of his right to enjoy the property.
Answer: D
Under Section 38 of the Specific Relief Act, where the defendant invades or threatens to invade the plaintiff's right to or enjoyment of property and compensation in money would not afford adequate relief, a perpetual injunction may be granted to prevent the breach of an obligation existing in the plaintiff's favour.
A enters into a written contract to sell his house to B. A then refuses to perform. B sues for specific performance. The court decrees specific performance. After the 2018 Amendment to the Specific Relief Act, 1963, which of the following best states the present nature of the relief of specific performance?
aIt is now a relief that the court is obliged to grant where the contract is not hit by Sections 11(2), 14 or 16, and is no longer merely discretionary.
bIt remains a purely discretionary relief which the court may refuse even where no statutory bar applies.
cIt can be granted only where the contract relates to an infrastructure project.
dIt can be granted only if the plaintiff first avails substituted performance.
Answer: A
By substituting Section 10 and deleting the old Sections 10 and 20, the 2018 Amendment made specific performance a general remedy that the court shall enforce, subject only to Sections 11(2), 14 and 16, rather than a discretionary one.
Subject to the provisions of the Act and any other law in force, the general rule under Section 16 of the Sale of Goods Act, 1930, is that there is
aan implied warranty as to the quality and fitness of goods in every sale
ban implied condition that goods shall always be of merchantable quality without exception
cno implied condition or warranty as to quality or fitness for any particular purpose, embodying the rule of caveat emptor
dan absolute guarantee of fitness imposed on the seller in all cases
Answer: C
Section 16 opens with the rule of caveat emptor: there is no implied warranty or condition as to quality or fitness for any particular purpose, except in the situations specified in the section itself (such as fitness for a disclosed purpose or merchantable quality).
Goods are sold by A to B. Before the price is paid, the goods remain in A's possession. B becomes insolvent before taking delivery. As an unpaid seller in possession of the goods, A may
aclaim ownership of the goods as if no sale had taken place
bonly sue for the price but must deliver the goods immediately
cautomatically rescind the sale and treat the goods as never sold
dexercise a lien and retain possession of the goods until payment or tender of the price
Answer: D
Under Section 47 of the Sale of Goods Act, 1930, an unpaid seller in possession of the goods is entitled to retain possession (a lien) until payment or tender of the price, including where the buyer becomes insolvent.
a. Where goods are sold by a person who is not the owner and who sells without the owner's authority, the buyer ordinarily acquires no better title than the seller had (nemo dat quod non habet). b. Unless otherwise agreed, the risk in the goods passes prima facie with the property in them, irrespective of whether delivery has been made. Choose the correct option in respect of the above statements.
aBoth are correct
bBoth are incorrect
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: A
Section 27 of the Sale of Goods Act embodies nemo dat quod non habet, and Section 26 provides that risk prima facie passes with property unless otherwise agreed; hence both statements are correct.
Where goods are of a perishable nature, an unpaid seller who has exercised his right of lien or stoppage in transit, and the buyer does not pay within a reasonable time,
acannot resell the goods under any circumstances
bmust first obtain a decree of the court before he can resell the goods
closes all rights against the original buyer once he resells
dmay resell the goods and recover from the original buyer damages for any loss occasioned by the breach
Answer: D
Under Section 54 of the Sale of Goods Act, 1930, where the goods are perishable, or after notice of intention to resell in other cases, the unpaid seller may resell and recover damages for loss; if a profit is made on resale he need not account for it to the original buyer.
Under the Indian Partnership Act, 1932, the relation of partnership arises from
astatus
binheritance
ccontract
doperation of law
Answer: C
Section 4 of the Indian Partnership Act, 1932, 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; it arises from contract, not from status.
A minor was admitted to the benefits of a partnership firm with the consent of all the partners. As to his liability for the acts of the firm,
athe minor is personally liable to the full extent for all acts of the firm
bneither the minor nor his share is liable in any manner
cthe minor is liable jointly and severally along with the adult partners
dthe minor's share in the firm is liable for the acts of the firm, but he is not personally liable
Answer: D
Under Section 30(3) of the Indian Partnership Act, 1932, a minor admitted to the benefits of partnership has his share liable for the acts of the firm, but he is not personally liable for any such act.
A minor who was admitted to the benefits of a partnership attains majority on 1st January. He neither gives any public notice electing to become a partner nor any notice electing not to become one. As per Section 30 of the Indian Partnership Act, 1932,
ahe is automatically excluded from the firm with effect from the date of majority
bhe must obtain fresh court permission to continue in the firm
chis share automatically vests in the remaining partners
don the expiry of six months he becomes a partner in the firm
Answer: D
Under Section 30(5) of the Indian Partnership Act, the person has six months from attaining majority (or knowledge, whichever is later) to give public notice of his election; if he fails to give such notice, he becomes a partner in the firm on the expiry of that period.
a. A partner is the agent of the firm for the purposes of the business of the firm. b. The act of a partner done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are correct
cBoth are incorrect
da is incorrect and b is correct
Answer: B
Section 18 of the Indian Partnership Act declares a partner to be the agent of the firm for the business of the firm, and Section 19 provides that an act done in the usual course of business binds the firm under the partner's implied authority; both statements are correct.
An unregistered partnership firm seeks to recover money due under a contract from a third party, while the third party also wishes to sue the firm. As per Section 69 of the Indian Partnership Act, 1932,
aboth the firm and the third party are barred from suing each other
bregistration is wholly irrelevant to the maintainability of either suit
cthe firm can sue the third party, but the third party cannot sue the firm
dthe firm cannot sue the third party to enforce a contractual right, but the third party can sue the firm
Answer: D
Section 69(2) bars an unregistered firm from suing a third party to enforce a right arising from a contract; however, there is no corresponding bar on a third party suing the unregistered firm.
Despite the bar contained in Section 69 of the Indian Partnership Act, 1932, non-registration of a firm does not affect the right
ato sue for the dissolution of the firm or for accounts of a dissolved firm or to realise the property of a dissolved firm
bof a partner to sue a third party to enforce a contractual right of the firm
cof an unregistered firm to set up a claim of set-off exceeding Rs. 100
dof the firm to sue a third party for breach of a commercial contract
Answer: A
Section 69(3) preserves, notwithstanding non-registration, the right to sue for dissolution of the firm, for accounts of a dissolved firm, and the right or power to realise the property of a dissolved firm.
A, who has no subsisting title to a field but fraudulently represents to B that he is the owner, sells it to B for consideration. B acts in good faith. Subsequently A inherits the field on his father's death. As per the Transfer of Property Act, the position of B is that
athe sale is void and B can only sue A for the price.
bB may, at his option, require the after-acquired interest of A to be made good in the field sold.
cB must obtain a fresh sale deed from A as the first transfer conferred no interest.
dthe sale automatically becomes void on A acquiring the interest.
Answer: B
Section 43 (feeding the grant by estoppel): where a person erroneously or fraudulently represents authority to transfer and transfers for consideration, then on later acquiring the interest the transfer operates on it, at the option of the transferee who acted in good faith.
A, expecting to inherit his father's house, executes a deed transferring his 'right to inherit' the house to B for consideration during the father's lifetime. As per the Transfer of Property Act, the transfer is
avoid, being a transfer of a mere chance of an heir-apparent (spes successionis).
bvalid but takes effect only on the father's death.
cvalid as a transfer of a contingent interest.
dvoidable at the option of the father.
Answer: A
Section 6(a) bars transfer of the mere chance of an heir-apparent succeeding to an estate (spes successionis); such an expectancy is not transferable property and the transfer is void.
A lease of immovable property for manufacturing purposes, in the absence of a contract or local usage to the contrary, is, under the Transfer of Property Act, deemed to be a lease
afrom month to month, terminable by thirty days' notice.
bfrom year to year, terminable by six months' notice.
cfrom month to month, terminable by fifteen days' notice.
dfrom year to year, terminable by fifteen days' notice.
Answer: B
Section 106: a lease for agricultural or manufacturing purposes is deemed year to year, terminable by six months' notice; a lease for any other purpose is deemed month to month, terminable by fifteen days' notice.
A notice terminating a monthly tenancy under Section 106 of the Transfer of Property Act, after the 2002 Amendment, expires
afifteen days from the end of the tenancy month.
bfifteen days from the date of receipt of the notice.
cthirty days from the date of despatch of the notice.
dfifteen days from the date the notice is signed.
Answer: B
After the Transfer of Property (Amendment) Act, 2002, the period of notice under Section 106 is computed from the date of receipt of the notice, and the earlier requirement of expiry with the end of the tenancy period was relaxed.
Sale of tangible immovable property of the value of one hundred rupees and upwards, under the Transfer of Property Act, can be made
aonly by a registered instrument.
bby an unregistered instrument attested by two witnesses.
ceither by a registered instrument or by delivery of possession.
donly by delivery of possession.
Answer: A
Section 54: sale of tangible immovable property of value of Rs.100 or more, or of a reversion or intangible thing, can be made only by a registered instrument; below Rs.100, either by registered instrument or by delivery.
A mortgagor delivers possession of the mortgaged property to the mortgagee, authorising him to retain possession until repayment and to appropriate the rents and profits in lieu of interest. This is, under Section 58 of the Transfer of Property Act, a
ausufructuary mortgage [Section 58(d)].
bmortgage by conditional sale [Section 58(c)].
csimple mortgage [Section 58(b)].
dEnglish mortgage [Section 58(e)].
Answer: A
Section 58(d): a usufructuary mortgage is where the mortgagor delivers possession and authorises the mortgagee to retain it and to receive the rents and profits in lieu of interest, or principal, or both.
Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee subject to a proviso for re-transfer on repayment, the mortgage, under Section 58 of the Transfer of Property Act, is
aa mortgage by conditional sale.
ban anomalous mortgage.
can English mortgage.
da mortgage by deposit of title-deeds.
Answer: C
Section 58(e): an English mortgage involves a personal covenant to repay on a certain date plus an absolute transfer of the property, subject to a proviso for re-transfer on repayment.
During the pendency of a suit in which the right to immovable property is directly and specifically in question, the defendant transfers the suit property to a stranger. Under the doctrine of lis pendens (Section 52, Transfer of Property Act), the transfer is
avalid but the transferee takes subject to the decree that may be passed.
bvoidable at the option of the plaintiff.
cvalid only if the court's prior permission was obtained.
dvoid ab initio.
Answer: A
Section 52: a transfer pendente lite is not void; it is valid as between the parties but binds the transferee to the result of the suit, i.e., he takes subject to the decree.
With the implied consent of the real owner, X is the ostensible owner of a house and sells it for consideration to Y. The real owner later seeks to avoid the sale on the ground that X had no authority. Under Section 41 of the Transfer of Property Act, the sale is protected if
aY paid the entire consideration before execution of the sale deed.
bY obtained possession of the property within a reasonable time.
cY took reasonable care to ascertain X's power to transfer and acted in good faith.
dthe sale deed was registered and attested by two witnesses.
Answer: C
Section 41: a transfer by an ostensible owner is not voidable on the ground of want of authority, provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
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