Maharashtra Judiciary Mock Test 8 — Questions & Solutions
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A bank filed a suit against B on a dishonoured cheque adopting the summary procedure under Order 37 of the Code of Civil Procedure. After being served with the summons for judgment, within what period must B apply for leave to defend?
aWithin 10 days from service of the summons for judgment.
bWithin 30 days from service of the summons for judgment.
cWithin 60 days from service of the summons for judgment.
dWithin 90 days from the institution of the suit.
Answer: A
Under Order 37 Rule 3 CPC, the defendant must apply for leave to defend within ten days of service of the summons for judgment, failing which the plaintiff becomes entitled to a decree.
a. The doctrine of res judicata under Section 11 of the Code of Civil Procedure applies only when the former suit was decided by a court of competent jurisdiction. b. A matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue. 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: C
Section 11 CPC requires that the former suit be decided by a competent court, and Explanation IV embodies the doctrine of constructive res judicata covering matters that might and ought to have been raised.
A filed a suit against the State of Maharashtra for recovery of compensation for damage caused by a government department, but instituted it without serving any prior notice. As per Section 80 of the Code of Civil Procedure, the suit is
amaintainable only if filed in the High Court.
bliable to be returned for presentation to the proper court.
cmaintainable, as no notice is required in money suits.
dliable to be dismissed for want of statutory notice, unless leave to sue without notice was obtained for urgent relief.
Answer: D
Section 80(1) CPC mandates two months' prior notice for a suit against the Government; only with the court's leave under Section 80(2) can such a suit be instituted without notice where urgent relief is sought.
During the pendency of a suit for partition, the plaintiff applied to add as a party a co-sharer who had been omitted but whose presence was necessary to effectually adjudicate the dispute. The court's power to direct that such a person be added as a party flows from
aSection 151 of the Code of Civil Procedure.
bOrder 7 Rule 11 of the Code of Civil Procedure.
cOrder 6 Rule 17 of the Code of Civil Procedure.
dOrder 1 Rule 10 of the Code of Civil Procedure.
Answer: D
Order 1 Rule 10(2) CPC empowers the court, at any stage, to add a party whose presence is necessary to enable the court to effectually and completely adjudicate upon the questions involved.
An appellate court reversed a money decree under which the judgment-debtor had already paid the decretal amount to the decree-holder. The judgment-debtor now seeks to recover the amount paid. The appropriate remedy under the Code of Civil Procedure is an application for
acompensatory costs under Section 35A.
brevision under Section 115.
creview under Section 114.
drestitution under Section 144.
Answer: D
Section 144 CPC provides for restitution, requiring the court to place the parties in the position they would have occupied but for the decree that has since been varied or reversed.
A decree directed the defendant to deposit the balance sale price by a fixed date, on failure of which the suit would stand dismissed. The defendant, for genuine reasons, could not deposit it in time and applied for extension. The court's power to enlarge the time so fixed is traceable to
aOrder 9 Rule 13 of the Code of Civil Procedure.
bSection 100 of the Code of Civil Procedure.
cSection 144 of the Code of Civil Procedure.
dSection 148 of the Code of Civil Procedure.
Answer: D
Section 148 CPC empowers the court to enlarge any period fixed or granted by it for the doing of an act prescribed or allowed by the Code, even after the original period has expired.
a. A 'precept' under Section 46 of the Code of Civil Procedure is an order by which a court that passed a decree directs another court to attach property of the judgment-debtor situate within its jurisdiction. b. An attachment under a precept remains in force for two months unless an application for execution is made or the attachment is withdrawn earlier. Choose the correct option in respect of the above statements.
aBoth are correct
ba is incorrect and b is correct
ca is correct and b is incorrect
dBoth are incorrect
Answer: A
Section 46 CPC defines a precept as a direction to attach property pending transfer of the decree, and the proviso limits the attachment to two months unless extended by an execution application.
In a suit for permanent injunction, the plaintiff sought a temporary injunction restraining the defendant from alienating the suit property during the pendency of the suit. To grant such interim relief, the court must be satisfied of
athe existence of a registered title deed only.
bthe defendant's prior conviction in a related matter.
ca substantial question of law only.
da prima facie case, balance of convenience and irreparable injury.
Answer: D
Under Order 39 Rules 1 and 2 CPC, a temporary injunction is granted on the well-settled trinity of a prima facie case, balance of convenience in favour of the applicant, and irreparable injury.
The Court of Civil Judge Junior Division, Nagpur, was satisfied that a suit pending before it could be more conveniently tried by another competent court within the same district. The general power to transfer or withdraw any suit, appeal or other proceeding at any stage is conferred by
aSection 151 of the Code of Civil Procedure.
bSection 9 of the Code of Civil Procedure.
cSection 11 of the Code of Civil Procedure.
dSection 24 of the Code of Civil Procedure.
Answer: D
Section 24 CPC confers a general power on the High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage and dispose of it or retransfer it.
a. Under Section 9 of the Code of Civil Procedure, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. b. The exclusion of the jurisdiction of a civil court is readily to be inferred. 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: A
Section 9 CPC vests civil courts with wide jurisdiction over all civil suits, but it is well settled that exclusion of civil court jurisdiction is not to be readily inferred and must be express or by clear implication.
A defendant in a money suit raised a claim for an ascertained sum of money legally recoverable from the plaintiff, arising out of the same transaction, and pleaded it in his written statement to be set off against the plaintiff's demand. This plea of set-off is governed by
aOrder 1 Rule 10 of the Code of Civil Procedure.
bOrder 7 Rule 11 of the Code of Civil Procedure.
cOrder 8 Rule 6 of the Code of Civil Procedure.
dOrder 6 Rule 17 of the Code of Civil Procedure.
Answer: C
Order 8 Rule 6 CPC permits a defendant in a suit for recovery of money to set off an ascertained sum legally recoverable by him from the plaintiff against the plaintiff's claim.
A printout of a CCTV recording is sought to be produced as evidence without examining the original storage device. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such an electronic record is admissible only if accompanied by
apermission of the court under Section 62
ban affidavit of the investigating officer
cthe oral evidence of any person who saw the recording
da certificate satisfying the conditions of Section 63(4)
Answer: D
Under Section 63(4) of the BSA (the successor to Section 65B IEA, as explained in Anvar P.V. v P.K. Basheer (2014) 10 SCC 473 and Arjun Panditrao Khotkar (2020) 7 SCC 1), a certificate complying with the statutory conditions is a mandatory pre-condition for admissibility of a secondary electronic record.
Oral evidence must, in all cases whatever, be direct. As per Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), if the evidence refers to a fact which could be heard, it must be the evidence of a witness who says
ahe believes it to be true
bhe heard it
che heard it from a reliable source
dit was generally known
Answer: B
Section 55 of the BSA requires oral evidence to be direct: as to a fact which could be heard, it must be the evidence of a witness who says he heard it himself.
A court has to form an opinion on the identity of handwriting in a disputed document. Under which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the opinion of a person specially skilled in such matters a relevant fact?
aSection 39
bSection 55
cSection 26
dSection 92
Answer: A
Section 39 of the BSA makes the opinion of persons specially skilled in foreign law, science, art, handwriting or finger impressions a relevant fact when the court has to form an opinion on such points.
A child of tender age is offered as a witness. Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the test of competency to testify is whether the witness
ais produced with the consent of both parties
bis capable of taking an oath
cis able to understand the questions put and give rational answers to them
dhas attained the age of twelve years
Answer: C
Section 124 of the BSA makes all persons competent to testify unless prevented, by tender years, extreme old age, disease or the like, from understanding the questions or giving rational answers; there is no fixed minimum age.
a. A confession made by an accused while in the custody of a police officer is inadmissible unless it is made in the immediate presence of a Magistrate. b. This bar is contained in Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). 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: C
Section 23(2) of the BSA bars proof of a confession made by a person while in police custody against him, unless it is made in the immediate presence of a Magistrate; both statements are correct.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused while in the custody of a police officer is governed by which of the following propositions? a. Such confession is not provable against the accused. b. It becomes provable if made in the immediate presence of a Magistrate. 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
Section 23(2) of the BSA bars proof of a confession made in police custody, but the saving clause permits a confession made in the immediate presence of a Magistrate. Hence both statements are correct.
A person who heard the deceased make a statement as to the cause of his death deposes about it in court. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a dying declaration is relevant under
aSection 24
bSection 26(a)
cSection 27
dSection 55
Answer: B
A statement by a person as to the cause of his death, or the circumstances of the transaction resulting in his death, is relevant under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023.
A is accused of an offence and pleads that his act fell within the General Exceptions of the Bharatiya Nyaya Sanhita, 2023 (private defence). Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving the existence of circumstances bringing the case within the exception lies on
athe prosecution
bthe complainant
cthe court
dthe accused
Answer: D
Section 108 of the BSA places the burden of proving the existence of circumstances bringing the case within any General Exception of the Bharatiya Nyaya Sanhita on the accused, and the court presumes the absence of such circumstances.
a. The opinion of a person specially skilled in foreign law, science, art, or in questions as to identity of handwriting or finger impressions, is relevant. b. Such a person is called an expert under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Choose the correct option.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are correct
dBoth are incorrect
Answer: C
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinion of persons specially skilled in such matters relevant and designates them as 'experts'. Both statements are correct.
Information received from an accused in police custody leads to the discovery of a fact. Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), what portion of that information may be proved?
aOnly the part admitting guilt
bOnly so much of the information as relates distinctly to the fact thereby discovered
cNothing, as the accused was in custody
dThe entire confessional statement
Answer: B
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 permits proof of only so much of the information received from an accused in custody as relates distinctly to the fact thereby discovered, whether or not it amounts to a confession.
A debtor, before the expiry of the prescribed period, makes a written acknowledgment of his liability signed by him. As per Section 18 of the Limitation Act, 1963, the effect of such acknowledgment is that
aa fresh period of limitation begins to run from the time the acknowledgment was signed
bthe right to sue is extinguished
cthe period of limitation already run is condoned
dthe debt becomes immediately payable and recoverable without limit of time
Answer: A
Section 18 provides that a written acknowledgment of liability signed before expiry of the prescribed period sets a fresh period of limitation running from the date the acknowledgment was signed.
Under the Schedule to the Limitation Act, 1963, the period of limitation for an appeal to a High Court from a decree or order under the Code of Civil Procedure, 1908, and for an appeal to any other court from such decree or order, are respectively
a60 days and 30 days
b90 days and 30 days
c30 days and 90 days
d90 days and 60 days
Answer: B
Article 116 prescribes ninety days for an appeal to a High Court from a CPC decree or order, and thirty days for an appeal to any other court from such decree or order.
A files a suit for possession of immovable property based on his title. The defendant has been in possession. Under Article 65 of the Schedule to the Limitation Act, 1963, the limitation period is twelve years computed from
athe date the plaintiff acquired title
bthe date the defendant first entered into possession
cthe date the plaintiff serves notice to vacate
dwhen the possession of the defendant becomes adverse to the plaintiff
Answer: D
Article 65 gives twelve years for a suit for possession based on title, and time begins to run only when the defendant's possession becomes adverse to the plaintiff, not from the date of title.
An application is required to be made for which no period of limitation is provided elsewhere in the Third Division of the Schedule to the Limitation Act, 1963. The applicable residuary article and period is
aArticle 137, three years
bArticle 136, twelve years
cArticle 137, thirty days
dArticle 113, three years
Answer: A
Article 137 is the residuary provision for applications, prescribing three years from when the right to apply accrues; Article 113 is the residuary article for suits, not applications.
A files a suit for specific performance of a contract of sale in which no date was fixed for performance. Under the Schedule to the Limitation Act, 1963, the three-year limitation period begins to run from
athe date the consideration was paid
bthe date the plaintiff has notice that performance is refused
cthe date of registration of the agreement
dthe date of execution of the agreement
Answer: B
Under Article 54, where no date is fixed for performance, the three-year period runs from when the plaintiff has notice that performance has been refused (not from the date of the contract).
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period of limitation, the court :
ashall dismiss the suit, although limitation has not been set up as a defence
bmay proceed with the suit unless the defendant raises the plea of limitation
cshall dismiss the suit only if the defendant specifically pleads limitation in the written statement
dshall refer the matter to the High Court for condonation
Answer: A
Section 3(1) makes it the duty of the court to dismiss every suit, appeal or application made after the prescribed period, even if limitation has not been set up as a defence by the opposite party.
Where the period prescribed for any suit, appeal or application expires on a day when the court is closed, under Section 4 of the Limitation Act, 1963 :
athe suit, appeal or application may be instituted on the day the court reopens
bthe limitation is computed excluding all holidays during the entire period
cthe suit, appeal or application is barred and cannot be entertained
dthe period stands automatically extended by thirty days
Answer: A
Section 4 provides that where the prescribed period expires on a day when the court is closed, the proceeding may be instituted on the day the court reopens.
Consider the following statements regarding Section 9 of the Limitation Act, 1963 : Statement (I) : Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it. Statement (II) : A disability arising after the period of limitation has commenced suspends the further running of time.
aStatement (I) is correct, (II) is incorrect
bStatement (II) is correct, (I) is incorrect
cBoth statements are correct
dBoth statements are incorrect
Answer: A
Section 9 lays down that once time has begun to run, no subsequent disability or inability stops it (subject only to the narrow exception regarding letters of administration to a creditor's estate).
The power of the President to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute sentences, is conferred by
aArticle 161
bArticle 123
cArticle 74
dArticle 72
Answer: D
Article 72 confers the pardoning power on the President; the corresponding power of the Governor is under Article 161, which does not extend to court-martial sentences or death sentences.
Article 32, the right to move the Supreme Court for enforcement of fundamental rights, was described by Dr. B.R. Ambedkar as the 'heart and soul' of the Constitution. This right itself is
aan ordinary statutory right capable of being suspended by an executive order at any time
bitself a fundamental right contained in Part III
ca directive principle of State policy
davailable only to citizens and not to corporations
Answer: B
Article 32 is itself a fundamental right guaranteed under Part III; the right to constitutional remedies cannot be suspended except as otherwise provided by the Constitution (e.g. Article 359).
Under Article 233 of the Constitution, the appointment of persons to be District Judges in any State shall be made by
athe Chief Justice of India
bthe High Court alone
cthe Governor of the State in consultation with the High Court exercising jurisdiction in that State
dthe State Public Service Commission
Answer: C
Article 233(1) provides that appointments of District Judges in a State are made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
Part IVA (Article 51A) containing the Fundamental Duties was inserted by the 42nd Amendment, 1976, acting on the recommendations of the Swaran Singh Committee.
The 42nd Amendment, 1976 amended the Preamble to insert the words 'Socialist' and 'Secular' and changed 'unity of the Nation' to 'unity and integrity of the Nation'.
Under Article 233 of the Constitution of India, a person not already in the service of the Union or the State is eligible to be appointed as a District Judge only if he has been an advocate or pleader for not less than
afive years
bseven years
cthree years
dten years
Answer: B
Article 233(2) provides that a person not already in service of the Union or State must have been an advocate or pleader for at least seven years and be recommended by the High Court for appointment as District Judge.
The expression "district judge" as defined in Article 236 of the Constitution of India includes which of the following? a. Judge of a City Civil Court b. Additional District Judge c. Chief Judge of a Small Cause Court d. Chief Presidency Magistrate
aa and b only
ba, b, c and d
cb, c and d only
da, b and c only
Answer: B
Article 236(a) defines "district judge" to include judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge.
The words "SOCIALIST", "SECULAR" and "INTEGRITY" were inserted into the Preamble of the Constitution of India by which amendment?
aThe Constitution (42nd Amendment) Act, 1976
bThe Constitution (52nd Amendment) Act, 1985
cThe Constitution (44th Amendment) Act, 1978
dThe Constitution (24th Amendment) Act, 1971
Answer: A
The Constitution (42nd Amendment) Act, 1976 amended the Preamble to add the words "Socialist" and "Secular" and changed "unity of the Nation" to "unity and integrity of the Nation".
Part IV-A containing Fundamental Duties (Article 51A) was added to the Constitution of India by
athe 44th Amendment Act, 1978
bthe 1st Amendment Act, 1951
cthe 42nd Amendment Act, 1976
dthe 86th Amendment Act, 2002
Answer: C
The Constitution (42nd Amendment) Act, 1976 inserted Part IV-A with Article 51A listing ten Fundamental Duties; an eleventh duty was later added by the 86th Amendment Act, 2002.
Match the following writs with their literal meaning and choose the correct option: a. Mandamus b. Quo Warranto c. Certiorari d. Habeas Corpus / I. "To be certified" II. "We command" III. "You may have the body" IV. "By what authority"
aa-III, b-I, c-IV, d-II
ba-II, b-IV, c-I, d-III
ca-I, b-II, c-III, d-IV
da-IV, b-III, c-II, d-I
Answer: B
Mandamus = "we command", Quo Warranto = "by what authority", Certiorari = "to be certified", and Habeas Corpus = "you may have the body"; all five prerogative writs are issuable under Articles 32 and 226.
The offence of 'organised crime' — committed by a crime syndicate by use of violence, intimidation, or other unlawful means to obtain pecuniary benefit — has been introduced for the first time in the general penal code by which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 111
bSection 113
cSection 112
dSection 109
Answer: A
Section 111 BNS newly defines and punishes 'organised crime'; Section 112 deals with 'petty organised crime' and Section 113 with 'terrorist act' — all fresh additions to the general criminal code.
A enters a shop and represents that a brass article is gold, thereby dishonestly inducing the shopkeeper to part with money. Under the Bharatiya Nyaya Sanhita, 2023, A has committed cheating, the general definition and punishment of which is contained in
aSection 308
bSection 314
cSection 318
dSection 316
Answer: C
Section 318 BNS defines cheating (corresponding to Sections 415 and 420 IPC). Section 314 deals with dishonest misappropriation and Section 316 with criminal breach of trust.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of robbery and dacoity are respectively defined in
aSection 311 and Section 312
bSection 307 and Section 308
cSection 309 and Section 310
dSection 303 and Section 304
Answer: C
Section 309 BNS defines and punishes robbery; Section 310 deals with dacoity, which requires five or more persons conjointly committing or attempting to commit robbery.
The provision in the Bharatiya Nyaya Sanhita, 2023 that penalises exciting secession, armed rebellion or subversive activities or endangering the sovereignty, unity and integrity of India — and which replaces the offence of sedition under the old Section 124A IPC — is
aSection 147
bSection 197
cSection 152
dSection 150
Answer: C
Section 152 BNS replaces sedition (old Section 124A IPC) and penalises acts endangering the sovereignty, unity and integrity of India; an explanation protects lawful criticism of government measures seeking reform.
A voluntarily restrains B by obstructing him so as to prevent B from proceeding in a direction in which B has a right to proceed, but A does not confine B within any circumscribing limits. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of
acriminal force under Section 129
bassault under Section 130
cwrongful restraint under Section 126
dwrongful confinement under Section 127
Answer: C
Section 126 BNS defines wrongful restraint (voluntarily obstructing a person so as to prevent him proceeding in a direction he has a right to proceed). Wrongful confinement under Section 127 additionally requires restraint within circumscribing limits.
Under the Bharatiya Nyaya Sanhita, 2023, where five or more persons acting in concert commit murder on the ground of race, caste or community, sex, place of birth, language or personal belief, each member shall be punished with death or imprisonment for life or imprisonment for a term which shall not be less than
athree years
bfive years
cseven years
dten years
Answer: C
Section 103(2) of the BNS, the new mob-lynching provision, prescribes death, imprisonment for life, or imprisonment of not less than seven years, plus fine, for each member of such a group.
A registered medical practitioner causes the death of a patient by a rash or negligent act while performing a medical procedure, not amounting to culpable homicide. Under the Bharatiya Nyaya Sanhita, 2023, the maximum imprisonment that may be imposed is
aseven years
bfive years
ctwo years
dthree years
Answer: C
Under the proviso to Section 106(1) BNS, where the offence of causing death by negligence is committed by a registered medical practitioner during a medical procedure, the punishment is reduced to imprisonment up to two years and fine.
A drives a vehicle rashly and negligently, causing the death of a pedestrian, and escapes from the scene without reporting it to a police officer or Magistrate soon after the incident. Under the Bharatiya Nyaya Sanhita, 2023, he is punishable with imprisonment which may extend to
aseven years
bfive years
cten years
dimprisonment for life
Answer: C
Section 106(2) BNS introduces a distinct hit-and-run offence: where the driver escapes without reporting soon after, punishment extends to ten years and fine, and the offence is non-bailable.
Under the Bharatiya Nyaya Sanhita, 2023, 'snatching' as a distinct offence is dealt with under
aSection 304
bSection 316
cSection 309
dSection 303
Answer: A
Section 304 BNS creates the new standalone offence of snatching, where the offender suddenly, quickly or forcibly seizes or grabs movable property to commit theft; punishment under Section 304(2) is imprisonment up to three years and fine.
Which of the following is NOT a punishment recognised under Section 4 of the Bharatiya Nyaya Sanhita, 2023?
aForfeiture of property
bImprisonment for life
cCommunity service
dSolitary confinement
Answer: D
Section 4 BNS lists death, imprisonment for life, imprisonment, forfeiture of property, fine and the newly introduced community service. Solitary confinement is a mode of executing imprisonment (Sections 11-12 BNS), not a substantive punishment under Section 4.
Under Section 7 of the Maharashtra Rent Control Act, 1999, the definition of 'tenant', on the death of the tenant, includes:
aNo one, the tenancy automatically determining on death
bOnly the eldest surviving son of the deceased tenant
cAny member of the tenant's family residing with or using the premises with him at the time of his death
dOnly a legal heir who obtains letters of administration
Answer: C
Section 7(15) extends the definition of 'tenant' on the tenant's death to any member of his family residing with or using the premises with him at the time of death, and the explanation makes this applicable on each subsequent tenant's death.
Under Section 26 of the Maharashtra Rent Control Act, 1999, in the absence of a contract to the contrary, a tenant:
aMay assign his interest but not sub-let
bMay freely sub-let any part of the premises without restriction
cShall not sub-let the whole or any part of the premises, nor assign or transfer his interest therein
dMay sub-let only with the prior approval of the Competent Authority
Answer: C
Section 26 prohibits a tenant, in the absence of a contract to the contrary, from sub-letting the whole or part of the premises or assigning, transferring or giving on license his interest therein.
Under Section 34 of the Maharashtra Rent Control Act, 1999, an appeal from a decree or order made by the Court of Small Causes, Mumbai lies to:
aThe City Civil Court, Mumbai
bThe District Court
cA bench of two Judges of the said Court of Small Causes
dA single Judge of the High Court of Bombay
Answer: C
Section 34 provides that in Greater Mumbai the appeal lies to a bench of two Judges of the Court of Small Causes, Mumbai; elsewhere it lies to the District Court.
Under the Maharashtra Rent Control Act, 1999, for premises whose standard rent has not earlier been fixed, the 'standard rent' as defined in Section 7 ordinarily refers to the rent at which the premises were let on the 1st day of October 1987, with an increase of:
aFour per cent
bFive per cent
cFifteen per cent
dTen per cent
Answer: B
The definition of 'standard rent' in Section 7(14) takes the rent at which the premises were let on 1 October 1987 plus an increase of five per cent (or earlier fixed rent plus five per cent).
Under Section 34 of the Maharashtra Rent Control Act, 1999, against a decision rendered in an appeal:
aA second appeal lies to the High Court on a substantial question of law
bA further appeal lies to the District Court
cA letters patent appeal lies as of right
dNo further appeal shall lie
Answer: D
Section 34 expressly provides that no further appeal shall lie against any decision in appeal; only limited revisional supervision is available where no appeal lies.
Under the Maharashtra Rent Control Act, 1999, an appeal under Section 34(1) from a decree or order of the Court of Small Causes must be filed within :
aForty-five days from the date of the decree or order
bNinety days from the date of the decree or order
cSixty days from the date of the decree or order
dThirty days from the date of the decree or order
Answer: D
Section 34(1) provides that every appeal shall be made within thirty days from the date of the decree or order, with Sections 4, 5 and 12 of the Limitation Act, 1963 applying to its computation.
In Brihan Mumbai, an appeal under Section 34 of the Maharashtra Rent Control Act, 1999 from a decree or order of the Court of Small Causes, Mumbai, exercising jurisdiction under Section 33, lies to :
aThe High Court of Bombay
bThe Chief Metropolitan Magistrate, Mumbai
cThe City Civil Court, Mumbai
dA bench of two Judges of the Court of Small Causes which shall not include the Judge who made the decree or order
Answer: D
Under Section 34(1), in Brihan Mumbai the appeal lies to a bench of two Judges of the Court of Small Causes (excluding the Judge who passed the order); elsewhere the appeal lies to the District Court.
Under Section 11 of the Maharashtra Rent Control Act, 1999, after the commencement of the Act a landlord is entitled to make an increase in the rent of the premises of :
a10 per cent per annum
b4 per cent per annum
c2 per cent per annum
d6 per cent per annum
Answer: B
Section 11 entitles a landlord to an annual permitted increase of 4 per cent per annum in the rent; higher increases (e.g., 15 per cent for special additions, 25 per cent for structural repairs) are separately provided.
Under the Maharashtra Rent Control Act, 1999, no suit for recovery of possession on the ground of non-payment of standard rent or permitted increases can be instituted by a landlord against the tenant until the expiration of :
aSixty days after notice in writing of the demand of the standard rent
bNinety days after notice in writing of the demand of the standard rent
cOne hundred and twenty days after notice in writing of the demand of the standard rent
dThirty days after notice in writing of the demand of the standard rent
Answer: B
Section 15 bars such a suit until the expiry of ninety days next after a notice in writing of the demand of the standard rent or permitted increases is served on the tenant.
A person appointed as 'Competent Authority' under the Maharashtra Rent Control Act, 1999 may be a person who :
aIs holding or has held an office not lower in rank than that of a Deputy Collector
bHas been for not less than five years an Advocate enrolled under the Advocates Act, 1961
cIs holding or has held a post of a Civil Judge, Junior Division
dAny of the above
Answer: D
Section 40(2) sets out three alternative qualifications for a Competent Authority: a Deputy Collector-rank officer, a Civil Judge (Junior Division), or an advocate of not less than five years' standing.
The provision for plea bargaining, under which the Court allows time not exceeding sixty days to work out a mutually satisfactory disposition, is contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 in :
aChapter XXIII, Sections 290 to 300
bSections 265-A to 265-L
cChapter XXI, Sections 270 to 281
dChapter XXIII, Sections 289 to 300
Answer: A
Plea bargaining is dealt with in Chapter XXIII (Sections 289 to 300) of the BNSS, 2023; Section 290 provides that the Court shall allow time not exceeding sixty days for a mutually satisfactory disposition.
Inquiry, trial or judgment in absentia of a proclaimed offender is a new provision introduced under the Bharatiya Nagarik Suraksha Sanhita, 2023 by :
aSection 339
bSection 356
cSection 365
dSection 371
Answer: B
Section 356 of the BNSS, 2023 is a new provision enabling inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (one never previously convicted of any offence) shall be released on bond by the Court on having undergone detention up to :
aOne-third of the maximum period of imprisonment specified for the offence
bThe whole of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: A
Under the first proviso to Section 479(1) of the BNSS, 2023, a first-time offender is to be released on bond on having undergone detention up to one-third of the maximum period of imprisonment specified for the offence.
The term 'victim' as defined under the Bharatiya Nagarik Suraksha Sanhita, 2023 :
aMeans only a person against whom a cognizable offence has been committed
bMeans a person who has suffered any loss or injury caused by the act or omission of the accused, and includes his guardian or legal heir
cExcludes the guardian and legal heir of the person who suffered loss or injury
dIs identical to the definition of 'complainant'
Answer: B
Section 2(1)(y) of the BNSS, 2023 defines 'victim' as a person who has suffered loss or injury by reason of the act or omission of the accused, and includes the guardian or legal heir of such victim.
A new statutory time-limit introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the police officer to inform the informant or victim of the progress of the investigation within :
aThirty days
bSixty days
cFifteen days
dNinety days
Answer: D
Section 193(3)(ii) of the BNSS, 2023 requires the police officer to inform the informant or victim about the progress of the investigation within ninety days, including by electronic communication.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate is dealing with an accused under investigation for an offence punishable with a maximum of seven years' imprisonment. On adequate grounds the Magistrate may authorise detention from time to time, but the total period of detention shall not exceed:
a15 days
b180 days
c60 days
d90 days
Answer: C
Under Section 187(3) BNSS, the maximum period of detention is 90 days where the offence is punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, and 60 days for any other offence. As a seven-year offence does not fall in the first category, the limit is 60 days.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of limitation for taking cognizance of an offence punishable with imprisonment for a term not exceeding one year is:
aOne year
bSix months
cThree years
dTwo years
Answer: A
Under Section 514(2) BNSS, the period of limitation is six months if the offence is punishable with fine only, one year if punishable with imprisonment not exceeding one year, and three years if punishable with imprisonment exceeding one year but not exceeding three years.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a person apprehending arrest on accusation of a non-bailable offence to apply to the High Court or Court of Session for a direction that he be released on bail in the event of arrest?
aSection 482
bSection 483
cSection 480
dSection 478
Answer: A
Anticipatory bail is governed by Section 482 BNSS (corresponding to Section 438 of the old CrPC). Section 480 deals with bail in non-bailable offences and Section 483 with the powers of the High Court and Court of Session regarding bail.
A senior police officer receives information about a cognizable offence committed outside the territorial jurisdiction of his police station. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, what is he required to do?
aRegister it only after obtaining the permission of the Magistrate
bRegister the information as a 'Zero FIR' irrespective of the area where the offence was committed and forward it to the police station having jurisdiction
cRefuse to register the information and direct the informant to the correct police station
dRecord it only in the General Diary and take no further action
Answer: B
Section 173(1) BNSS statutorily recognises the 'Zero FIR' concept, allowing registration of information about a cognizable offence irrespective of the area where the offence is committed, which is then forwarded to the police station having territorial jurisdiction.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, on receipt of information relating to the commission of an offence which is made punishable for seven years or more, it is mandatory for the officer in charge of the police station to:
aObtain the prior sanction of the Director of Prosecution
bCause a forensic expert to visit the crime scene to collect forensic evidence and cause videography of the process on a mobile phone or other electronic device
cForward the case directly to the Court of Session
dArrest the accused within twenty-four hours
Answer: B
Section 176(3) BNSS introduces a new mandatory requirement that for offences punishable with seven years or more, a forensic expert shall visit the crime scene to collect forensic evidence and the process shall be videographed, subject to a five-year window for States to develop the capacity.
Under Section 31 of the Specific Relief Act, 1963, any person against whom a written instrument is void or voidable, and who has reasonable apprehension that it may cause him serious injury if left outstanding, may sue to have it adjudged void or voidable, and the court may order :
aIt to be delivered up and cancelled
bIts rectification
cIts specific performance
dIts compulsory registration
Answer: A
Section 31 empowers the court to adjudge a void or voidable instrument as such and order it to be delivered up and cancelled.
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny his title to such character or right, and the court may in its discretion make a declaration. This declaratory relief is provided under :
aSection 31
bSection 34
cSection 41
dSection 38
Answer: B
Section 34 of the Specific Relief Act, 1963 provides for a discretionary declaration of legal character or right as to property; its proviso bars relief where the plaintiff omits to seek further available relief.
Consider the following statements under the Specific Relief Act, 1963 : Statement (I) : A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit. Statement (II) : A mandatory injunction is granted to compel the performance of certain acts which the court is capable of enforcing.
aBoth statements are correct
bBoth statements are incorrect
cStatement (I) is correct, (II) is incorrect
dStatement (II) is correct, (I) is incorrect
Answer: A
Section 38 provides that a perpetual injunction is granted by the decree at the hearing on the merits, and Section 39 provides for mandatory injunctions to compel performance of acts the court can enforce — both statements are correct.
A is dispossessed of immovable property otherwise than in due course of law and files a suit under Section 6 of the Specific Relief Act, 1963. Consider the following: a. The suit must be filed within six months from the date of dispossession. b. No appeal or review lies from any order or decree passed in such a suit. 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 incorrect
dBoth are correct
Answer: D
Section 6(2)(a) bars a suit after expiry of six months from the date of dispossession, and Section 6(3) provides that no appeal and no review shall lie from any order or decree passed under this section. Both statements are correct.
Under Section 6 of the Specific Relief Act, 1963, a suit for recovery of possession on the strength of prior possession alone cannot be brought against
athe Government
ba tenant holding over
ca licensee
da co-owner
Answer: A
Section 6(2)(b) expressly provides that no suit under this section shall be brought against the Government; the summary remedy of Section 6 is unavailable against the State.
A files a suit under Section 6 of the Specific Relief Act and the suit is dismissed. Which of the following correctly states his remaining remedy?
aHe may only file a review of the dismissal before the same court.
bHe is wholly barred from any further litigation over the property.
cHe is not barred from suing to establish his title to the property and to recover possession thereof.
dHe may file a first appeal challenging the dismissal.
Answer: C
Section 6(4) preserves the right of the person to sue to establish his title and recover possession on the basis of title (under Section 5), notwithstanding dismissal of the summary Section 6 suit.
After the Specific Relief (Amendment) Act, 2018, which of the following contracts can still NOT be specifically enforced under Section 14?
aA contract the breach of which can be compensated in money
bA contract running into numerous minute or numerous details
cA contract for the transfer of immovable property
dA contract whose performance involves the performance of a continuous duty which the court cannot supervise
Answer: D
After the 2018 amendment, the categories of money-compensable contracts and contracts of minute details were deleted. A contract involving a continuous duty which the court cannot supervise remains non-enforceable under amended Section 14.
A contract relating to an infrastructure project specified in the Schedule is the subject of a suit under the Specific Relief Act. The court, after the 2018 amendment,
amay grant an injunction only with the consent of the Central Government
bhas unfettered discretion to grant any injunction
cmust grant a temporary injunction to protect the contractor
dshall not grant an injunction where it would cause impediment or delay in the progress or completion of such project
Answer: D
Section 20A, inserted by the 2018 amendment, bars the grant of an injunction in a suit involving a contract relating to a scheduled infrastructure project where it would impede or delay the progress or completion of that project.
In a suit for specific performance of a contract, the plaintiff must, as required by Section 16(c) of the Specific Relief Act,
aprove only that the defendant committed a breach
bactually tender the purchase money into court before filing the suit
cdeposit double the consideration as security
daver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
Answer: D
Under Section 16(c), the plaintiff must plead and prove continuous readiness and willingness to perform his part of the contract; the Explanation makes clear that it is not essential to actually tender the money into court.
B commits a breach of contract that B was obliged to perform. Under the substituted-performance provision inserted by the 2018 amendment (Section 20), the aggrieved party may get the contract performed by a third party or his own agency and recover the costs from B, after giving notice in writing of not less than
aninety days
bsixty days
cthirty days
dfifteen days
Answer: C
Section 20, as substituted in 2018, allows substituted performance by a third party at the cost of the defaulting party only after the aggrieved party gives written notice of not less than thirty days calling upon the party in breach to perform.
A buys a refrigerator from B, a dealer, relying on B's skill and judgment after making known the particular purpose. The general rule that the buyer must beware, subject to statutory exceptions, is embodied in which section of the Sale of Goods Act?
aSection 12
bSection 27
cSection 16
dSection 19
Answer: C
Section 16 enacts the doctrine of caveat emptor along with its exceptions, including the implied condition of fitness for purpose where the buyer makes known the purpose and relies on the seller's skill or judgment.
A, who is not the owner of certain goods and has no authority to sell, purports to sell them to B. As per Section 27 of the Sale of Goods Act, embodying the maxim nemo dat quod non habet, B
aacquires good title because he purchased in good faith.
bacquires title only if he registered the sale.
cordinarily acquires no better title to the goods than the seller had.
dacquires absolute title in all cases.
Answer: C
Section 27 enacts the rule nemo dat quod non habet: where goods are sold by a person who is not the owner and sells without authority, the buyer acquires no better title than the seller had, subject to the statutory exceptions.
As per Section 4 of the Indian Partnership Act, 1932, partnership is the relation between persons who have agreed to share the profits of a business carried on by
aa manager appointed by them.
ball or any of them acting for all.
cany one of them only.
dall of them only.
Answer: B
Section 4 defines partnership as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all; the words 'acting for all' embody the principle of mutual agency.
a. A minor admitted to the benefits of partnership must, within six months of attaining majority or of obtaining knowledge of his admission (whichever is later), elect by public notice whether to become or not to become a partner. b. If he fails to give such notice, he is deemed not to have become a partner. Choose the correct option as per Section 30 of the Indian Partnership Act.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are incorrect
dBoth are correct
Answer: A
Under Section 30(5) the six-month election period is correct, but on failure to give public notice the minor is deemed to HAVE become a partner in the firm on the expiry of that period, not the contrary. Hence statement b is incorrect.
A, B and C are partners in an unregistered firm. The firm supplies goods to D, who fails to pay. The firm wishes to sue D for the price. As per Section 69 of the Indian Partnership Act,
athe suit to enforce a right arising from the contract is barred, the firm being unregistered.
bthe suit is maintainable, registration being optional.
cthe suit is maintainable but the decree cannot be executed.
dthe suit is maintainable only if D consents.
Answer: A
Section 69 bars an unregistered firm (and partners suing as such) from instituting a suit against a third party to enforce a right arising from a contract. The suit against D is not maintainable until the firm is registered.
a. An agreement made without consideration on account of natural love and affection between parties in near relation is valid only if it is expressed in writing and registered. b. A promise in writing and signed by the debtor to pay a debt barred by the law of limitation is valid even without fresh consideration. 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
Under Section 25(1) of the Contract Act the natural-love-and-affection agreement must be in writing AND registered AND between persons in near relation; under Section 25(3) a written, signed promise to pay a time-barred debt is enforceable without fresh consideration.
A proposal, when accepted, becomes a promise; a promise for which there is consideration is
aan agreement
ba contract
ca voidable contract
da quasi-contract
Answer: A
Under Section 2 of the Contract Act an accepted proposal becomes a promise [2(b)] and a promise with consideration is an agreement [2(e)]; an agreement enforceable by law is a contract [2(h)].
In a contract of guarantee, the person who gives the guarantee is called the
acreditor
bindemnifier
csurety
dprincipal debtor
Answer: C
Under Section 126 of the Contract Act the person who gives the guarantee is the 'surety', the person in respect of whose default it is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
a. A bailment can be created only by actual physical delivery of the goods to the bailee. b. Bankers and factors, in the absence of a contract to the contrary, may retain goods bailed to them as security for a general balance of account. Choose the correct option.
aa is correct and b is incorrect
bBoth are incorrect
cBoth are correct
da is incorrect and b is correct
Answer: D
Delivery for bailment under Section 148 may be actual or constructive/symbolic, so statement (a) is wrong; the general lien of bankers and factors under Section 171 makes statement (b) correct.
A stipulation in a contract of sale of goods which is essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated, is
aa condition
ba representation
ca warranty
da collateral term
Answer: A
Under Section 12 of the Sale of Goods Act a condition is a stipulation essential to the main purpose of the contract whose breach allows repudiation; a warranty is collateral and its breach gives only a claim for damages.
Under the rule against perpetuity in Section 14 of the Transfer of Property Act, the vesting of an interest cannot be postponed beyond the lifetime of one or more persons living at the date of transfer and :
aa further period of thirty years
ba further period of eighteen years in all cases
ca further period of twenty-one years
dthe minority of some person who shall be in existence at the expiration of that period
Answer: D
Section 14 permits postponement of vesting only up to the lifetime of living persons plus the minority of some person who shall be in existence at the expiration of that period; the interest must vest on the minor attaining majority.
Where a transfer is made upon a condition the fulfilment of which is impossible, or is forbidden by law, or is fraudulent, or opposed to public policy, the transfer under Section 25 of the Transfer of Property Act is :
avoidable at the option of the transferor
bvoid
cvalid, the condition alone being void
dvalid if for consideration
Answer: B
Section 25 provides that an interest created on a condition precedent fails (the transfer is void) if the fulfilment of the condition is impossible, forbidden by law, of such a nature that it defeats the provisions of any law, fraudulent, involves injury to person or property, or is opposed to public policy.
Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and afterwards acquires an interest in that property, the transfer, at the option of the transferee, operates on such after-acquired interest. This rule is contained in :
aSection 53A of the Transfer of Property Act
bSection 43 of the Transfer of Property Act
cSection 41 of the Transfer of Property Act
dSection 52 of the Transfer of Property Act
Answer: B
Section 43 embodies the doctrine of feeding the grant by estoppel; the transferee may, at his option, claim the interest the transferor subsequently acquires while the contract of transfer subsists, provided the transferee acted in good faith.
Under Section 41 of the Transfer of Property Act, a transfer by an ostensible owner for consideration shall not be voidable on the ground that the transferor was not authorised, provided that the transferee, before completing the transfer :
aobtained the written consent of the real owner
bpaid the full consideration in advance
ctook reasonable care to ascertain that the transferor had power to make the transfer and acted in good faith
dregistered the instrument of transfer
Answer: C
Section 41 protects a bona fide transferee for consideration from an ostensible owner (held out as owner with the consent of the real owner) only where the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor under Section 53 of the Transfer of Property Act is :
avoid ab initio
bvalid against all creditors
cvoidable at the option of any creditor so defeated or delayed
dvoidable at the option of the transferee
Answer: C
Section 53(1) makes such a transfer voidable (not void) at the option of any creditor so defeated or delayed, but does not impair the rights of a transferee in good faith and for consideration.
For the doctrine of part performance under Section 53A of the Transfer of Property Act to be invoked by a transferee in possession, the contract to transfer the immovable property must be :
ain writing signed by the transferee only
bin writing signed by the transferor, from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty
coral but proved by two witnesses
dregistered and attested
Answer: B
Section 53A requires a written contract signed by the transferor (or on his behalf) from which the terms can be ascertained with reasonable certainty, the transferee being in possession in part performance and willing to perform his part; after the 2001 amendment the contract need not be registered but the absence of registration bars the transferee's protection.
Under Section 54 of the Transfer of Property Act, in the case of tangible immovable property of the value of one hundred rupees and upwards, a sale can be made :
aby delivery of the property alone
bonly by a registered instrument
cby a registered instrument or by delivery of the property
dby an unregistered instrument attested by two witnesses
Answer: B
Section 54 requires a registered instrument for the sale of tangible immovable property of value one hundred rupees or upwards; only where the value is less than one hundred rupees may such sale be made either by a registered instrument or by delivery of the property.
A contract for the sale of immovable property under Section 54 of the Transfer of Property Act :
ais void unless registered
bcreates an interest in or charge on such property
coperates as an immediate transfer of ownership
ddoes not, of itself, create any interest in or charge on such property
Answer: D
The last paragraph of Section 54 declares that a contract for the sale of immovable property is merely an agreement that a sale shall take place on terms settled between the parties, and does not, of itself, create any interest in or charge on such property.
A mortgage where the mortgagor binds himself personally to pay the mortgage-money and agrees that, in the event of his failing to pay, the mortgagee shall have a right to cause the mortgaged property to be sold, but possession is NOT delivered, is called a :
aEnglish mortgage
busufructuary mortgage
cmortgage by conditional sale
dsimple mortgage
Answer: D
Under Section 58(b), a simple mortgage is one where, without delivering possession, the mortgagor binds himself personally to pay and agrees that on default the mortgagee may cause the mortgaged property to be sold and apply the proceeds.
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