Maharashtra Judiciary Mock Test 7 — Questions & Solutions
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Where the plaintiff appears but the defendant does not appear when the suit is called on for hearing, despite due service of summons, the court may proceed
ato refer the matter compulsorily to arbitration
bto dismiss the suit for default
cto issue a warrant of arrest against the defendant
dex parte against the defendant
Answer: D
Under Order IX Rule 6 CPC, where summons has been duly served and the defendant does not appear while the plaintiff appears, the court may order the suit to proceed ex parte against the defendant.
The power of a civil court to grant a temporary injunction under Section 94(c) of the Code of Civil Procedure is to be exercised in accordance with the conditions laid down in
aOrder XXXVIII Rules 1 and 2
bOrder XXXIX Rules 1 and 2
cOrder XL Rule 1
dOrder XXVI Rule 9
Answer: B
Section 94(c) is a supplemental provision empowering the court to grant a temporary injunction; the substantive conditions are contained in Order XXXIX Rules 1 and 2 CPC. Order XL deals with receivers and Order XXXVIII with attachment before judgment.
Under Order I Rule 10 of the Code of Civil Procedure, the court may, at any stage of the proceedings
aadd or strike out parties whose presence is necessary to effectually and completely adjudicate upon the questions involved
btransfer the suit to another court for joinder of parties
cadd parties only with the written consent of all existing parties
donly strike out a party improperly joined, but never add a party
Answer: A
Order I Rule 10(2) CPC empowers the court, at any stage, to add or strike out the name of any party whose presence is necessary or proper for completely and effectually adjudicating upon the questions involved in the suit.
Under Section 56 of the Code of Civil Procedure, the court
ashall not order the arrest of any judgment-debtor, whether man or woman, in execution of a money-decree
bshall not order the arrest or detention in civil prison of a woman in execution of a decree for the payment of money
cmay order the arrest of a woman in execution of a money-decree only with the prior sanction of the High Court
dmay detain a woman in civil prison for a maximum period of three months in execution of a money-decree
Answer: B
Section 56 CPC expressly prohibits the court from ordering the arrest or detention in civil prison of a woman in execution of a decree for the payment of money.
A 'precept' under Section 46 of the Code of Civil Procedure is
aan order directing the Collector to effect a partition of an estate as per the decree
ba direction to the judgment-debtor to disclose his assets on oath
can order of a court which passed a decree, to any other competent court, to attach property of the judgment-debtor
da certified copy of the decree sent for execution to another court
Answer: C
Under Section 46 CPC a precept is an order passed by the court which passed the decree, on application of the decree-holder, to any other competent court to attach property of the judgment-debtor within its local limits.
a. Summons for judgment is a feature peculiar to a summary suit instituted under Order XXXVII of the Code of Civil Procedure. b. In a summary suit, the defendant is entitled to defend as of right without obtaining leave to defend from the court. 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: D
Summons for judgment under Order XXXVII Rule 3 CPC is unique to summary suits. The defendant in a summary suit must apply for and obtain leave to defend; he cannot defend as of right.
An interpleader suit under Section 88 read with Order XXXV of the Code of Civil Procedure lies where
aa plaintiff claims relief against two defendants in the alternative
bthe subject matter of the suit is below the pecuniary jurisdiction of the court
ctwo or more persons claim adversely to one another the same debt, sum of money or property from a person who claims no interest therein other than charges or costs
dthe State Government is a necessary party to the dispute
Answer: C
An interpleader suit (Section 88, Order XXXV CPC) is filed by a stakeholder who has no interest in the property except charges or costs, when two or more persons claim it adversely to each other, so that the rival claimants may interplead.
Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, an application for amendment of pleadings shall not be allowed after the trial has commenced unless the court concludes that
athe value of the suit is increased by the amendment
bin spite of due diligence the party could not have raised the matter before the commencement of trial
cthe opposite party has no objection to the amendment
dthe amendment relates only to a clerical or arithmetical error
Answer: B
The proviso to Order VI Rule 17 CPC bars amendment after commencement of trial unless the court is satisfied that, despite due diligence, the party could not have raised the matter before trial commenced.
A notice under Section 80 of the Code of Civil Procedure is a condition precedent for instituting a suit
afor grant of a temporary injunction in any suit
bagainst the Government or a public officer in respect of an act purporting to be done by such public officer in his official capacity
cagainst any private individual carrying on trade
dfor recovery of immovable property between private parties
Answer: B
Section 80 CPC requires a prior notice of two months before instituting a suit against the Government or against a public officer in respect of an act purporting to be done in his official capacity.
A obtained a money decree against B in the Court of Civil Judge Junior Division, Pune. The decree was passed with the express written consent of both parties recorded in the judgment. B, having later regretted the bargain, wishes to challenge it in appeal. As per Section 96 of the Code of Civil Procedure, 1908
aan appeal lies, but only on a question of law.
bno appeal lies from a decree passed by the court with the consent of parties.
can appeal lies only with the leave of the appellate court.
dan appeal lies, as every original decree is appealable.
Answer: B
Section 96(3) CPC expressly bars an appeal from a decree passed by the court with the consent of parties. The remedy lies elsewhere, not by way of first appeal.
a. A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court only if the case involves a substantial question of law. b. While deciding a second appeal, the High Court is bound to formulate the substantial question of law involved. Choose the correct option in respect of the above statements.
aa is incorrect and b is correct
ba is correct and b is incorrect
cBoth are incorrect
dBoth are correct
Answer: D
Section 100 CPC permits a second appeal only on a substantial question of law, and sub-section (4) mandates that the High Court formulate that question.
A makes a confession to a police officer while not in custody, admitting that he committed theft. In the trial against A, this confession
acan be proved only with the accused's consent
bcannot be proved against A in any circumstances
ccan be proved against A, as he was not in custody
dcan be proved if reduced to writing by the police officer
Answer: B
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) bars proof of any confession made to a police officer against the accused, irrespective of whether the maker was in custody at the time.
A, in the custody of a police officer, states 'I have hidden the stolen ornaments in my well' and the ornaments are recovered from the well in consequence of that information. As per the proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), what is admissible?
aSo much of the information as relates distinctly to the fact thereby discovered
bOnly the confessional part of the statement
cNothing, since the statement was made in police custody
dThe entire statement, as it led to recovery
Answer: A
The proviso to Section 23(2) of the BSA permits proof of only so much of the information, whether or not amounting to a confession, as relates distinctly to the fact thereby discovered, and operates as an exception to the bar on custodial confessions in Section 23(2).
a. Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement as to the cause of death is relevant only when made by a person who was under expectation of death at the time. b. Such a statement is relevant in both civil and criminal proceedings in which the cause of the person's death comes into question. Choose the correct option.
aa is incorrect and b is correct
ba is correct and b is incorrect
cBoth are correct
dBoth are incorrect
Answer: A
Under Section 26(a) of the BSA, unlike English law, the maker need not be under expectation of death (Pakala Narayana Swami v Emperor), and the statement is relevant whatever be the nature of the proceeding in which the cause of death is in issue.
A is prosecuted for an offence and pleads the general exception of private defence. As per Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving the existence of circumstances bringing the case within that exception is on
athe court, which must call for further evidence
bneither party, as it is a question of law
cthe accused, and the court shall presume the absence of such circumstances
dthe prosecution, as part of proof beyond reasonable doubt
Answer: C
Section 108 of the BSA places the burden of proving a general exception of the Bharatiya Nyaya Sanhita, 2023 (or other special exception) on the accused, and the court shall presume the absence of such circumstances.
a. An accomplice is a competent witness against an accused person. b. A conviction is illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. Choose the correct option with reference to Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
aa is correct and b is incorrect
bBoth are incorrect
cBoth are correct
da is incorrect and b is correct
Answer: A
Section 138 of the BSA, as enacted, declares an accomplice a competent witness against an accused person and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Statement a is therefore correct. Statement b is incorrect: Section 138 does not lay down that a conviction is illegal merely because it rests on uncorroborated accomplice testimony; the section is framed around the validity of a conviction on corroborated testimony.
The rule of prudence requiring corroboration of accomplice evidence in material particulars, read with Section 138, is traceable to which illustration of Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aThe illustration that a man in possession of stolen goods soon after a theft is either the thief or a receiver
bThe illustration that evidence which could be and is not produced would, if produced, be unfavourable to the person withholding it
cThe illustration that a bill of exchange accepted for value was accepted for good consideration
dThe illustration that an accomplice is unworthy of credit unless corroborated in material particulars
Answer: D
Illustration (b) to Section 119 of the BSA allows the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars; combined with Section 138 it forms the working rule on accomplice evidence.
A party who could produce a material document in its possession withholds it without explanation. Which illustration of Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the court to presume that the evidence, if produced, would be unfavourable to that party?
aIllustration (g)
bIllustration (h)
cIllustration (d)
dIllustration (a)
Answer: A
Illustration (g) to Section 119 of the BSA permits an adverse presumption that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.
In a trial, the examination of a witness by the party who calls him is called examination-in-chief; the examination by the adverse party is called cross-examination. As per Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness subsequent to the cross-examination, by the party who called him, is called
are-examination
bfurther examination-in-chief
crecall of witness
dre-cross-examination
Answer: A
Section 142 of the BSA defines re-examination as the examination of a witness, subsequent to the cross-examination, by the party who called him.
a. Under Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), cross-examination must be confined to the facts to which the witness testified in his examination-in-chief. b. Re-examination shall be directed to the explanation of matters referred to in cross-examination. Choose the correct option.
aBoth are correct
bBoth are incorrect
ca is correct and b is incorrect
da is incorrect and b is correct
Answer: D
Section 143 of the BSA expressly provides that cross-examination need not be confined to the facts deposed in examination-in-chief, while re-examination shall be directed to explaining matters referred to in cross-examination; hence the first statement is incorrect.
A witness is to be cross-examined as to a previous statement made by him in writing relating to matters in question, with a view to contradicting him. Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), before the writing can be used to contradict him,
ahis attention must be called to those parts of the writing which are to be used for contradicting him
bthe maker of the writing must be examined
cthe court must record reasons in writing
dthe writing must first be marked as an exhibit
Answer: A
Section 148 of the BSA requires that if a witness is to be contradicted by his previous statement in writing, his attention must, before the writing can be proved, be called to those parts which are to be used for contradiction.
A mortgaged immovable property to B. As per the Schedule to the Limitation Act, 1963, the period of limitation for a suit by the mortgagor to redeem or recover possession of the mortgaged property is
aTwelve years
bThirty years
cTwenty years
dSixty years
Answer: B
Article 61(a) of the Schedule prescribes thirty years for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged, computed from when the right to redeem or recover possession accrues.
a. Section 5 of the Limitation Act, 1963 enables condonation of delay in filing a suit on sufficient cause being shown. b. Section 5 does not apply to applications under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are incorrect
cBoth are correct
da is incorrect and b is correct
Answer: D
Section 5 applies only to appeals and applications (other than Order XXI applications), never to suits; hence statement (a) is wrong and statement (b) is correct.
Under the Schedule to the Limitation Act, 1963, a suit by a landlord to recover possession of immovable property from a tenant is governed by a limitation period of twelve years computed from
athe date the landlord issues a quit notice
bthe date the tenant defaults in payment of rent
cthe date the tenancy is determined
dthe date the tenant denies the landlord's title
Answer: C
Article 67 prescribes twelve years for a landlord's suit to recover possession from a tenant, and the period begins to run only 'when the tenancy is determined'.
A's right to sue first accrued on 1st June 2020. He was a minor at that time and attained majority on 1st June 2024. During the running of limitation, in 2022, he became of unsound mind. As per Section 9 of the Limitation Act, 1963
athe supervening unsoundness of mind in 2022 stops the running of time
bonce time has begun to run, the subsequent disability does not stop it
climitation is suspended for the entire duration of unsoundness of mind
dlimitation is reckoned afresh from the date of unsoundness of mind
Answer: B
Section 9 provides that where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.
Where access and use of light or air to and for any building has been peaceably enjoyed as an easement and as of right, without interruption, the right becomes absolute and indefeasible under Section 25(1) of the Limitation Act, 1963 after a continuous enjoyment for
aSixty years
bTwenty years
cTwelve years
dThirty years
Answer: B
Section 25(1) fixes twenty years of peaceable and uninterrupted enjoyment of light, air, way, watercourse or other easement as of right for the right to become absolute and indefeasible.
a. The effect of the bar of limitation upon an ordinary suit for recovery of a debt is to bar the remedy without extinguishing the right. b. Under Section 27 of the Limitation Act, 1963, where the period for a suit for possession of property has expired, the right to such property is extinguished. Choose the correct option in respect of the above statements.
aBoth are correct
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are incorrect
Answer: A
The general rule of limitation bars only the remedy; but Section 27 is an exception that extinguishes the very right to property once the limitation for a possession suit expires.
As per the Schedule to the Limitation Act, 1963, the period of limitation for a suit to enforce payment of money secured by a mortgage or otherwise charged upon immovable property is
aThirty years
bTwelve years
cThree years
dSixty years
Answer: B
Article 62 prescribes twelve years for a suit to enforce payment of money secured by a mortgage or otherwise charged upon immovable property, running from when the money sued for becomes due.
Limitation for an application under the Code of Civil Procedure, 1908 to set aside an abatement of a suit, under the Schedule to the Limitation Act, 1963, is
a90 days from the date of abatement
b30 days from the date of abatement
c90 days from the date of death
d60 days from the date of abatement
Answer: D
Article 121 prescribes sixty days from the date of abatement for an application to set aside an abatement; (whereas Article 120 gives ninety days from death to bring the legal representative on record).
A obtained an ex parte decree against B. The summons in the suit was duly served upon B. Under the Schedule to the Limitation Act, 1963, the limitation for B to apply to set aside the ex parte decree is
a90 days from the date of the decree
b30 days from the date of knowledge of the decree
c60 days from the date of the decree
d30 days from the date of the decree
Answer: D
Article 123 prescribes thirty days, running from the date of the decree where summons was duly served; only where service was not duly effected does time run from the applicant's knowledge of the decree.
a. Under the Limitation Act, 1963, every suit instituted after the prescribed period shall be dismissed even though limitation has not been set up as a defence. b. In computing the period of limitation, the day from which such period is to be reckoned shall be excluded. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are correct
dBoth are incorrect
Answer: C
Section 3 mandates dismissal of a time-barred suit even if limitation is not pleaded, and Section 12(1) excludes the day from which the period is to be reckoned; both statements are correct.
Under the Constitution of India, the protection against arrest and detention provided by Article 22(1) and (2) is NOT available to a person who is
aa foreign national accused of a bailable offence
ba citizen accused of a cognizable offence
can enemy alien or a person arrested under a law providing for preventive detention
da person arrested on a warrant issued by a Magistrate
Answer: C
Article 22(3) expressly excludes from the safeguards of clauses (1) and (2) an enemy alien and any person arrested or detained under a preventive detention law.
The maximum period for which a person may be detained under a preventive detention law without obtaining the opinion of an Advisory Board, as originally fixed by Article 22(4)(a), is
athree months
btwo months
csix months
done month
Answer: A
Article 22(4) provides that no preventive detention law shall authorise detention for a longer period than three months unless an Advisory Board has reported sufficient cause for such detention.
In Maneka Gandhi vs Union of India (1978) 1 SCC 248, the Supreme Court held that the 'procedure established by law' under Article 21 must be
asubject only to the approval of the Council of Ministers
bright, just, fair and reasonable, and not arbitrary, fanciful or oppressive
cidentical to the American concept of substantive due process
dany procedure prescribed by a validly enacted statute, however arbitrary
Answer: B
Maneka Gandhi expanded Article 21, holding that the procedure depriving a person of life or personal liberty must be fair, just and reasonable, importing the principle of non-arbitrariness.
Match the writ with its literal meaning: 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'
aa-IV, b-III, c-II, d-I
ba-III, b-IV, c-I, d-II
ca-II, b-I, c-IV, d-III
da-I, b-II, c-III, d-IV
Answer: C
Quo Warranto means 'by what authority', Mandamus 'we command', Certiorari 'to be certified', and Habeas Corpus 'you may have the body'; all five writs are available under Articles 32 and 226.
A High Court's power to issue writs under Article 226, as compared with the Supreme Court's power under Article 32, is wider in one respect, namely that the High Court may issue writs
aonly for enforcement of fundamental rights
bonly against the State and not against private persons
cfor enforcement of fundamental rights and 'for any other purpose'
donly with the prior sanction of the Governor
Answer: C
Article 226 empowers a High Court to issue writs for the enforcement of fundamental rights and 'for any other purpose', whereas Article 32 is confined to enforcement of fundamental rights.
The 'basic structure' doctrine, limiting Parliament's amending power under Article 368, was propounded by the Supreme Court in
aGolak Nath vs State of Punjab, AIR 1967 SC 1643
bA.K. Gopalan vs State of Madras, AIR 1950 SC 27
cMinerva Mills vs Union of India, (1980) 3 SCC 625
dKesavananda Bharati vs State of Kerala, (1973) 4 SCC 225
Answer: D
In Kesavananda Bharati, a 13-judge Bench held that Parliament may amend the Constitution under Article 368 but cannot alter or destroy its basic structure.
Under Article 368, a constitutional amendment affecting matters such as the election of the President, the extent of the executive power of the Union and States, or the representation of States in Parliament requires, in addition to a special majority of Parliament,
aa referendum of the electorate
bratification by the legislatures of all the States
capproval of the President in his discretion
dratification by the legislatures of not less than one-half of the States
Answer: D
The proviso to Article 368(2) requires ratification by the legislatures of not less than one-half of the States for amendments to the entrenched provisions enumerated therein.
Which of the following matches the fundamental right with its correct Article? a. Protection against ex-post-facto law I. Article 20(2) b. Protection against double jeopardy II. Article 20(1) c. Protection against self-incrimination III. Article 20(3)
aa-II, b-III, c-I
ba-II, b-I, c-III
ca-III, b-II, c-I
da-I, b-II, c-III
Answer: B
Article 20(1) bars ex-post-facto conviction, Article 20(2) protects against double jeopardy, and Article 20(3) protects against testimonial self-incrimination.
The Right to Education, making free and compulsory education a fundamental right for children of the age of six to fourteen years (Article 21A), was inserted into the Constitution by the
aConstitution (Forty-second Amendment) Act, 1976
bConstitution (Eighty-sixth Amendment) Act, 2002
cConstitution (Forty-fourth Amendment) Act, 1978
dConstitution (Seventy-third Amendment) Act, 1992
Answer: B
Article 21A was inserted by the 86th Amendment, 2002, making free and compulsory education for children aged 6 to 14 years a fundamental right.
Under Article 124(2), a Judge of the Supreme Court holds office until he attains the age of
asixty-two years
bseventy years
csixty years
dsixty-five years
Answer: D
Article 124(2) provides that a Judge of the Supreme Court shall hold office until he attains the age of sixty-five years; a High Court Judge under Article 217 retires at sixty-two.
A, intending to commit theft of B's gold chain, suddenly seizes it from B's neck while B is walking and runs away, without using any force or fear beyond the sudden seizure itself. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
asnatching punishable under Section 304
brobbery punishable under Section 309
cextortion punishable under Section 308
dtheft punishable under Section 303
Answer: A
Section 304 BNS creates the new distinct offence of 'snatching' — theft committed by suddenly or quickly seizing or grabbing movable property from a person. The sudden seizure without aggravated force or fear falls under snatching, not robbery.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an 'unlawful assembly' only if it consists of
atwo or more persons with a common object
bthree or more persons with a common object
cfive or more persons with a common object specified in the section
dseven or more persons with a common object
Answer: C
Section 189(1) BNS, like the erstwhile Section 141 IPC, requires an assembly of five or more persons sharing one of the common objects enumerated in the section.
A married woman dies of burn injuries within six years of her marriage, and it is shown that she was subjected to cruelty by her husband in connection with a demand for dowry soon before her death. The husband is most appropriately chargeable for dowry death under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 80
bSection 85
cSection 79
dSection 84
Answer: A
Section 80 BNS defines dowry death where a woman dies of burns or bodily injury otherwise than under normal circumstances within seven years of marriage, having been subjected to cruelty for dowry soon before death. The minimum punishment is seven years, extendable to imprisonment for life.
Z, a male aged seventeen years, is taken out of the keeping of his lawful guardian without the guardian's consent. Under the Bharatiya Nyaya Sanhita, 2023, this amounts to kidnapping from lawful guardianship because the age threshold for a minor (whether male or female) under Section 137 is
abelow sixteen years for a male and below eighteen years for a female
bbelow twenty-one years for a male and below eighteen years for a female
cbelow fourteen years for both a male and a female
dbelow eighteen years for both a male and a female
Answer: D
Section 137 BNS departs from the old Section 361 IPC (which used 16 for boys, 18 for girls) and fixes a uniform age of below eighteen years for both male and female children for kidnapping from lawful guardianship.
Five or more persons, acting in concert, cause grievous hurt to a victim on the ground of his caste. Under the Bharatiya Nyaya Sanhita, 2023, each such person is liable under which sub-section, which is a fresh aggravated provision?
aSection 117(4)
bSection 116
cSection 118(2)
dSection 115(2)
Answer: A
Section 117(4) BNS is a new aggravated provision: where five or more persons acting in concert cause grievous hurt on grounds such as race, caste, community, sex, place of birth, language or personal belief, each is punishable with imprisonment up to seven years and fine.
A group of seven persons, on grounds of community, acts in concert and murders Z. Under the Bharatiya Nyaya Sanhita, 2023, this 'mob lynching' situation is dealt with by which sub-section, which prescribes punishment of death or imprisonment for life?
aSection 103(2)
bSection 111(2)
cSection 105(2)
dSection 101(2)
Answer: A
Section 103(2) BNS is a new provision: when a group of five or more persons acting in concert commits murder on grounds of race, caste, community, sex, place of birth, language, personal belief or any similar ground, each member is punished with death or life imprisonment and fine.
A commits culpable homicide which does not amount to murder, the act being done with the intention of causing death. Under the Bharatiya Nyaya Sanhita, 2023, the punishment for culpable homicide not amounting to murder is provided in
aSection 105
bSection 103
cSection 101
dSection 106
Answer: A
Section 100 BNS defines culpable homicide and Section 101 defines murder; punishment for murder is in Section 103, while punishment for culpable homicide not amounting to murder is laid down in Section 105 BNS.
Two or more persons agree to do an illegal act. Under the Bharatiya Nyaya Sanhita, 2023, where the agreement is to commit an offence other than one punishable with death, life imprisonment, or rigorous imprisonment of two years or upwards, the agreement amounts to criminal conspiracy only if
aat least five persons are party to the agreement
bsome act besides the agreement is done by one or more parties in pursuance of it
cthe illegal act is in fact completed
dthe agreement is reduced to writing
Answer: B
Under the proviso to Section 61(2) BNS (mirroring Section 120A IPC), for conspiracies other than to commit a serious offence, a mere agreement is not enough — some act besides the agreement must be done by one or more parties in pursuance of it.
A new feature of the offence of defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, as compared with Section 500 of the Indian Penal Code, is that on conviction the court may, in addition to or instead of imprisonment or fine, impose
arigorous imprisonment up to seven years
bexternment from the district
ccommunity service
dforfeiture of property
Answer: C
Section 356(2) BNS retains simple imprisonment up to two years or fine or both, but newly adds 'community service' as a sentencing option for defamation, an innovation absent from Section 500 IPC.
Z attempts to commit suicide with the intent thereby to compel a public servant to refrain from discharging his official duty. Under the Bharatiya Nyaya Sanhita, 2023, this specific offence is punishable under
aSection 224
bSection 309
cSection 115
dSection 226
Answer: D
Section 226 BNS specifically punishes attempt to commit suicide with intent to compel or restrain a public servant from exercising lawful power, with simple imprisonment up to one year, or fine, or community service, or all.
Under the Maharashtra Rent Control Act, 1999, the provisions of the Act do NOT apply to premises let or sub-let to a private limited company or public limited company having a paid-up share capital of:
aExceeding rupees ten lakhs
bExceeding rupees fifty lakhs
cExceeding rupees one crore
dExceeding rupees five crores
Answer: C
Section 3(1)(b) exempts from the Act, inter alia, premises let to a private or public limited company having a paid-up share capital exceeding rupees one crore.
A landlord under the Maharashtra Rent Control Act, 1999 is entitled to make an annual increase in rent (apart from increases for improvement or repairs) at the rate of:
aFour per cent per annum
bTen per cent per annum
cFifteen per cent per annum
dSix per cent per annum
Answer: A
Section 11(1) entitles the landlord to make an increase of four per cent per annum in the rent of the premises let after the commencement of the Act.
Under Section 15 of the Maharashtra Rent Control Act, 1999, no suit for recovery of possession on the ground of non-payment of standard rent or permitted increases shall be instituted by a landlord until the expiration of:
aSixty days next after notice in writing of the demand is served on the tenant
bNinety days next after notice in writing of the demand is served on the tenant
cThirty days next after notice in writing of the demand is served on the tenant
dOne hundred and twenty days next after notice in writing of the demand is served on the tenant
Answer: B
Section 15(2) bars a suit on the ground of arrears of standard rent or permitted increases until ninety days expire after a written notice of demand is served on the tenant.
Every appeal under Section 34 of the Maharashtra Rent Control Act, 1999 shall be made within a period of:
aNinety days from the date of the decree or order
bSixty days from the date of the decree or order
cThirty days from the date of the decree or order
dForty-five days from the date of the decree or order
Answer: C
Section 34 provides that an appeal shall be filed within thirty days from the date of the decree or order, with the provisions of the Limitation Act, 1963 applying to its computation.
Under Section 33 of the Maharashtra Rent Control Act, 1999, for areas within Greater Mumbai (Brihan Mumbai), the court competent to entertain and try a suit between a landlord and tenant relating to recovery of rent or possession is:
aThe Court of the Metropolitan Magistrate
bThe High Court of Bombay
cThe Court of Small Causes, Mumbai
dThe City Civil Court, Mumbai
Answer: C
Section 33(1) confers exclusive jurisdiction in Greater Mumbai on the Court of Small Causes, Mumbai, notwithstanding the amount of the claim involved.
Under Section 55 of the Maharashtra Rent Control Act, 1999, the responsibility of getting a tenancy or leave and license agreement compulsorily registered lies on:
aThe Sub-Registrar suo motu
bThe tenant or licensee
cBoth landlord and tenant jointly
dThe landlord
Answer: D
Section 55(2) places the responsibility of registering the written tenancy/leave and license agreement on the landlord; failure attracts imprisonment up to three months or fine up to rupees five thousand or both.
Under Section 55 of the Maharashtra Rent Control Act, 1999, where there is no written registered agreement, the contention of the tenant about the terms and conditions on which the premises were given to him shall:
aBe disregarded entirely
bBe decided only by the Competent Authority
cPrevail conclusively without any contrary proof being allowed
dPrevail, unless proved otherwise
Answer: D
The proviso to Section 55(2) provides that in the absence of a registered agreement, the tenant's contention as to the terms of tenancy shall prevail unless proved otherwise.
Under Section 16(1) of 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 the purpose for which they were let, for a continuous period of:
aTwelve months immediately preceding the date of the suit
bSix months immediately preceding the date of the suit
cThree months immediately preceding the date of the suit
dNine months immediately preceding the date of the suit
Answer: B
Section 16(1)(n) permits recovery of possession where the premises have not been used without reasonable cause for the purpose let for a continuous period of six months immediately preceding the suit.
Under Section 16(1)(b) of the Maharashtra Rent Control Act, 1999, which of the following, if erected by the tenant, would NOT amount to a 'permanent structure' enabling the landlord to recover possession?
aAn additional pucca room on the open land
bA masonry wall replacing an existing partition
cA standing cooking platform in the kitchen
dA reinforced concrete loft permanently fixed to the walls
Answer: C
The explanation to Section 16(1)(b) excludes minor works such as a standing cooking platform, wooden partitions, doors, windows, false ceilings and similar items from the expression 'permanent structure'.
Under Section 15 of the Maharashtra Rent Control Act, 1999, where a tenant pays or tenders the arrears of standard rent and permitted increases together with interest, no decree for eviction on the ground of arrears shall be passed if such payment is made within:
aThe first date of hearing only
bThirty days from the date of service of the summons of the suit
cSixty days from the date of service of the summons of the suit
dNinety days from the date of service of the summons of the suit
Answer: D
Section 15(3) protects the tenant from an eviction decree on the ground of arrears if he pays the arrears with fifteen per cent simple interest and costs within ninety days from service of the summons of the suit.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a police officer to arrest any person without an order from a Magistrate and without a warrant is contained in :
aSection 46
bSection 50
cSection 41
dSection 35
Answer: D
Section 35 of the BNSS, 2023 enumerates the circumstances in which a police officer may arrest a person without a warrant; it corresponds to the former Section 41 CrPC.
Information relating to the commission of a cognizable offence may now be given orally or by electronic communication, and registration of a 'Zero FIR' irrespective of territorial jurisdiction is recognised under :
aSection 173 BNSS
bSection 154 BNSS
cSection 190 BNSS
dSection 175 BNSS
Answer: A
Section 173 of the BNSS, 2023 governs registration of the First Information Report, expressly permitting electronic information and Zero FIR regardless of the place of occurrence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect evidence is mandatory in respect of offences punishable with imprisonment for :
aFive years or more
bSeven years or more
cTen years or more
dThree years or more
Answer: B
Section 176(3) of the BNSS, 2023 makes forensic investigation at the crime scene mandatory for offences punishable with imprisonment of seven years or more.
A direction to a person apprehending arrest on an accusation of a non-bailable offence (anticipatory bail) may be granted by the High Court or Court of Session under :
aSection 480 BNSS
bSection 438 BNSS
cSection 483 BNSS
dSection 482 BNSS
Answer: D
Section 482 of the BNSS, 2023 provides for grant of bail to a person apprehending arrest (anticipatory bail); it replaces Section 438 of the CrPC.
Where investigation cannot be completed within twenty-four hours, the provision authorising a Magistrate to remand the accused and dealing with the maximum period of detention during investigation (default bail) under the BNSS, 2023 is :
aSection 193
bSection 187
cSection 190
dSection 167
Answer: B
Section 187 of the BNSS, 2023 deals with the procedure when investigation cannot be completed in twenty-four hours and prescribes the outer limits (sixty/ninety days) for default bail.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of ninety days for completion of investigation (failing which the accused is entitled to be released on bail) applies where the offence is punishable with :
aAny term of imprisonment exceeding three years
bImprisonment of less than seven years
cDeath, imprisonment for life, or imprisonment for a term of not less than ten years
dFine only
Answer: C
Under Section 187(3) BNSS, the ninety-day limit applies to offences punishable with death, imprisonment for life or imprisonment for not less than ten years; sixty days applies to other offences.
The recording of confessions and statements by a Judicial Magistrate during the course of investigation, with provision for audio-video electronic means, is governed under the BNSS, 2023 by :
aSection 164
bSection 185
cSection 183
dSection 180
Answer: C
Section 183 of the BNSS, 2023 (corresponding to Section 164 CrPC) provides for recording of confessions and statements, now including recording by audio-video electronic means.
An order for maintenance of wives, children and parents who are unable to maintain themselves may be made by a Judicial Magistrate of the first class under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 ?
aSection 144
bSection 125
cSection 146
dSection 148
Answer: A
Section 144 of the BNSS, 2023 provides for the order for maintenance of wives, children and parents; it corresponds to Section 125 of the CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the search and seizure conducted by a police officer is required to be :
aRecorded through audio-video electronic means, preferably mobile phone
bConducted only in the presence of a Magistrate
cReported to the State Government within seven days
dCarried out only during daytime
Answer: A
Section 105 of the BNSS, 2023 mandates that the process of search and seizure be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
On a police report, the Magistrate is required to furnish to the accused (and the victim, if represented by an advocate) copies of the police report and other documents under Section 230 of the BNSS, 2023 within :
aSeven days
bTwenty-one days
cFourteen days
dThirty days
Answer: C
Section 230 of the BNSS, 2023 requires the Magistrate to supply copies of the police report and connected documents within fourteen days of production or appearance of the accused.
Under the Specific Relief Act, 1963, as amended with effect from 1 October 2018, the specific performance of a contract shall be enforced by the court subject to the provisions contained in :
aSection 9, Section 10 and Section 12 only
bSub-section (2) of Section 11, Section 14 and Section 16
cThe unfettered discretion of the court in every case
dSection 20 and Section 21 only
Answer: B
The amended Section 10 makes specific performance the general rule, enforceable by the court subject to sub-section (2) of Section 11, Section 14 and Section 16 — the wide pre-2018 discretion having been removed.
A person dispossessed of immovable property without his consent otherwise than in due course of law may recover possession under Section 6 of the Specific Relief Act, 1963, by filing a suit within :
aTwelve years from the date of dispossession
bSix months from the date of dispossession
cThree years from the date of dispossession
dTwo years from the date of dispossession
Answer: B
Section 6(2)(a) bars a suit under Section 6 after the expiry of six months from the date of dispossession.
Consider the following statements regarding a suit under Section 6 of the Specific Relief Act, 1963 : Statement (I) : No appeal shall lie from any order or decree passed in any suit instituted under Section 6. Statement (II) : No suit under Section 6 shall be brought against the Government.
aStatement (I) is correct, (II) is incorrect
bStatement (II) is correct, (I) is incorrect
cBoth statements are correct
dBoth statements are incorrect
Answer: C
Section 6(3) bars any appeal or review from an order or decree in a Section 6 suit, and Section 6(4) (in effect, sub-section (a)/(b)) bars such a suit against the Government — both statements are correct.
Under Section 8 of the Specific Relief Act, 1963, a person having possession or control of an article (not being its owner) is compellable to deliver it specifically to the person entitled, in which of the following situations :
aWhen the thing claimed is held by the defendant as the agent or trustee of the claimant
bWhen compensation in money would not afford adequate relief for the loss of the thing claimed
cWhen it would be extremely difficult to ascertain the actual damage caused by its loss
dAll of the above
Answer: D
Section 8 lists all these situations (clauses (a) to (d), including where the thing is wrongfully transferred from the claimant's possession) in which delivery of a specific movable may be compelled.
Under the amended Specific Relief Act, 1963, where the party in breach refuses or fails to perform a contract, the aggrieved party who intends to get the contract performed through a third party or his own agency under the doctrine of substituted performance must first give to the party in breach a written notice of not less than :
aFifteen days
bSeven days
cThirty days
dSixty days
Answer: C
Section 20(2), inserted by the 2018 amendment, requires the aggrieved party to give a written notice of not less than thirty days to the party in breach before resorting to substituted performance.
A new provision inserted in the Specific Relief Act, 1963 by the 2018 amendment empowers the court, in any suit, to engage experts to assist it on any specific issue involved in the suit and to secure their attendance. This is contained in :
aSection 41A
bSection 14A
cSection 20A
dSection 22A
Answer: B
Section 14A, inserted by the Specific Relief (Amendment) Act, 2018, empowers the court to engage one or more experts and secure their attendance to assist on specific issues in the suit.
Under Section 14 of the Specific Relief Act, 1963 (as substituted in 2018), which of the following contracts cannot be specifically enforced :
aA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
bA contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
cA contract which is in its nature determinable
dAll of the above
Answer: D
Substituted Section 14 lists these (along with contracts where substituted performance has been obtained under Section 20) as contracts that cannot be specifically enforced.
Consider the following statements as to Section 16(c) of the Specific Relief Act, 1963 after its amendment in 2018 : Statement (I) : A plaintiff seeking specific performance need only prove that he has performed or has always been ready and willing to perform the essential terms of the contract. Statement (II) : The earlier requirement that the plaintiff must aver such readiness and willingness in the plaint has been done away with.
aStatement (I) is correct, (II) is incorrect
bStatement (II) is correct, (I) is incorrect
cBoth statements are incorrect
dBoth statements are correct
Answer: D
The 2018 amendment to Section 16(c) replaced 'who fails to aver and prove' with 'who fails to prove', so the plaintiff need only prove readiness and willingness — both statements are correct.
Under Section 21 of the Specific Relief Act, 1963, in a suit for specific performance of a contract, the plaintiff :
aMay also claim compensation for the breach, either in addition to, or in substitution of, such performance
bCan in no case claim any compensation along with specific performance
cMust always elect between specific performance and compensation before filing the suit
dMay claim compensation only if he abandons the relief of specific performance at the outset
Answer: A
Section 21 permits a plaintiff in a specific-performance suit to also claim compensation for breach, either in addition to or in substitution of such performance.
When a court directs rescission of a contract under the Specific Relief Act, 1963, it is dealt with under :
aSection 31
bSection 28
cSection 36
dSection 34
Answer: B
Rescission of contracts is dealt with by Sections 27 to 30; Section 28 specifically provides for rescission in certain circumstances of contracts for sale or lease of immovable property where specific performance was decreed.
A, by a registered instrument made out of natural love and affection, promises to pay his estranged brother B a sum of Rs. 2,00,000. B furnishes no consideration. As per Section 25 of the Indian Contract Act, 1872, the agreement is
avoid for want of consideration.
bvalid only if B has rendered some past service.
cvalid and enforceable, being in writing, registered, and made on account of natural love and affection between parties in a near relation.
dvoidable at the option of A.
Answer: C
Section 25(1) excepts from the consideration rule an agreement made out of natural love and affection between parties standing in a near relation, provided it is in writing and registered. Both formalities being satisfied, the promise is enforceable.
a. An agreement to do an act impossible in itself is void from the very beginning. b. A contract to do an act which, after the contract is made, becomes impossible by reason of an event the promisor could not prevent, becomes void when the act becomes impossible. Choose the correct option as per Section 56 of the Indian Contract Act.
aa is incorrect and b is correct
bBoth are correct
cBoth are incorrect
da is correct and b is incorrect
Answer: B
The first paragraph of Section 56 declares an agreement to do an act impossible in itself void ab initio; the second paragraph embodies the doctrine of frustration (supervening impossibility). Both statements are correct.
Under Section 73 of the Indian Contract Act, the party suffering a breach is entitled to compensation for loss or damage which
ais remote or indirect, provided it can be proved.
bthe suffering party actually incurred, irrespective of foreseeability.
cnaturally arose in the usual course of things, or which the parties knew when they made the contract to be likely to result from the breach.
dthe defaulting party expressly agreed to pay as a penalty.
Answer: C
Section 73 incorporates the rule in Hadley v. Baxendale: compensation lies for loss naturally arising in the usual course or within the contemplation of the parties; no compensation is given for remote or indirect loss.
a. The liability of a surety is co-extensive with that of the principal debtor, unless otherwise provided by the contract. b. A continuing guarantee is one which extends to a series of transactions. Choose the correct option as per the Indian Contract Act.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: A
Section 128 makes the surety's liability co-extensive with that of the principal debtor unless the contract provides otherwise, and Section 129 defines a continuing guarantee as one extending to a series of transactions. Both are correct.
A, an agent at Mumbai, buys goods for B, a merchant resident in London, without disclosing that he acts for B. As per Section 230 of the Indian Contract Act, in the absence of a contract to the contrary,
athe contract is void for non-disclosure of the principal.
bA is presumed to have undertaken personal liability, the principal being a merchant resident abroad.
cA can neither enforce nor be bound personally by the contract in any circumstance.
donly B is liable, A being a mere agent.
Answer: B
Section 230 ordinarily exempts an agent from personal liability, but expressly presumes a contract to the contrary where the agent acts for a merchant resident abroad. A is personally liable.
A pledges his gold ornaments with a pawnbroker as security for a loan. The relationship created and the parties are governed by which provision of the Indian Contract Act?
aSection 126, the surety and creditor.
bSection 124, the indemnifier and indemnity-holder.
cSection 172, the pawnor and pawnee in a contract of pledge.
dSection 148, the bailor and bailee in a contract of bailment.
Answer: C
Section 172 defines pledge (pawn) as the bailment of goods as security for payment of a debt; the bailor is the pawnor and the bailee the pawnee. A delivery of goods as security squarely falls under it.
a. Where goods are sold and the property therein has passed to the buyer, the goods are at the buyer's risk even though delivery has not been made. b. Risk and property pass together unless otherwise agreed. Choose the correct option as per Section 26 of the Sale of Goods Act, 1930.
aa is incorrect and b is correct
bBoth are incorrect
ca is correct and b is incorrect
dBoth are correct
Answer: D
Section 26 lays down that risk prima facie passes with property: until property is transferred the goods are at the seller's risk, and once transferred they are at the buyer's risk whether or not delivery has been made. Both statements are correct.
Goods are put up for sale in several lots at an auction. As per Section 64 of the Sale of Goods Act, the sale of each lot is complete
awhen the auctioneer announces its completion by the fall of the hammer or in other customary manner.
bwhen the auctioneer accepts the bid in writing.
cwhen the highest bid is recorded by the auctioneer's clerk.
dwhen the buyer pays the price and takes delivery.
Answer: A
Section 64(2) provides that the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner, and until then any bidder may retract his bid.
At an auction not notified as subject to a right to bid on behalf of the seller, the seller secretly employs a person to make pretended bids to raise the price. As per Section 64 of the Sale of Goods Act, the sale is
avoidable at the option of the buyer.
bvalid, the seller being entitled to protect his interest.
cvoid ab initio.
dvoidable at the option of the seller.
Answer: A
Section 64(6) provides that where the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.
a. A contract whereby a seller transfers the property in goods to the buyer for a price is a 'sale'. b. Where the transfer of property is to take place at a future time or subject to a condition, it is an 'agreement to sell'. Choose the correct option as per Section 4 of the Sale of Goods Act.
aa is incorrect and b is correct
bBoth are incorrect
cBoth are correct
da is correct and b is incorrect
Answer: C
Section 4 distinguishes a sale (property in goods transferred presently for a price) from an agreement to sell (transfer to take place at a future time or subject to a condition thereafter to be fulfilled). Both statements are correct.
Statement a: Under Section 53A of the Transfer of Property Act, the transferee seeking protection of part performance must have performed or be willing to perform his part of the contract. Statement b: Section 53A confers on such a transferee a right to sue for specific performance of the contract. 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 53A requires the transferee to have performed or be willing to perform his part. The doctrine is a shield, not a sword: it bars the transferor from enforcing rights against the transferee but does not by itself create an active right to sue for specific performance.
A gift of immovable property under the Transfer of Property Act is effected
aby delivery of possession alone.
bby a registered instrument signed by the donee.
cby a registered instrument signed by the donor and attested by two witnesses.
dby an unregistered writing signed by the donor.
Answer: C
Section 123: a gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
In a lease of immovable property, in the absence of a contract or local usage to the contrary, the duty to disclose to the lessee any material defect in the property which the lessor is aware of and the lessee is not, lies on the lessor under
aSection 111 of the Transfer of Property Act.
bSection 108 of the Transfer of Property Act.
cSection 106 of the Transfer of Property Act.
dSection 105 of the Transfer of Property Act.
Answer: B
Section 108(a): among the rights and liabilities of the lessor and lessee, the lessor is bound to disclose to the lessee any material defect in the property of which the lessor is, and the lessee is not, aware.
Statement a: A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. Statement b: All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. Choose the correct option as per the Transfer of Property Act.
aBoth are correct
ba is correct and b is incorrect
ca is incorrect and b is correct
dBoth are incorrect
Answer: A
Section 107: leases from year to year, or for a term exceeding one year, or reserving a yearly rent must be by registered instrument; all other leases may be made by registered instrument or by oral agreement accompanied by delivery of possession.
An interest in immovable property is transferred to take effect only on the happening of an uncertain specified event, the transferee acquiring no right to enjoyment unless and until that event happens. Such an interest, under the Transfer of Property Act, is
aan absolute interest.
ba conditional limitation.
ca vested interest.
da contingent interest.
Answer: D
Section 21: where a transfer creates an interest to take effect only on the happening of a specified uncertain event, the interest is contingent and becomes vested only when the event happens (or becomes certain).
Under Section 5 of the Transfer of Property Act, 1882, "transfer of property" means an act by which a living person conveys property, in present or in future, to :
aany person whether living or to be born
bhimself alone in all cases
cone or more other living persons, or to himself, or to himself and one or more other living persons
done or more other living persons only
Answer: C
Section 5 defines transfer of property as conveyance by a living person to one or more other living persons, or to himself, or to himself and one or more other living persons; "living person" includes a company, association or body of individuals.
The chance of an heir-apparent succeeding to an estate (spes successionis) :
acannot be transferred
bmay be transferred for consideration
cmay be transferred only by a registered instrument
dmay be transferred with the consent of the holder of the estate
Answer: A
Section 6(a) of the Transfer of Property Act expressly provides that the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, or any other mere possibility of a like nature, cannot be transferred.
A condition or limitation absolutely restraining the transferee from parting with or disposing of his interest in the property transferred is :
avalid only if registered
bvoidable at the option of the transferor
cvalid in all cases
dvoid, except in the case of a lease where the condition is for the benefit of the lessor
Answer: D
Section 10 renders void a condition absolutely restraining alienation, save in the case of a lease where the condition is for the benefit of the lessor or those claiming under him, and (by the proviso) in the case of property transferred for the benefit of a woman not being a Hindu, Muhammadan or Buddhist.
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