Maharashtra Judiciary Mock Test 9 — Questions & Solutions
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The court found that the defendant had raised a false and vexatious defence which he knew to be false at the time of raising it, causing needless expense to the plaintiff. The court's power to award compensatory costs in such a situation is contained in
aSection 35B of the Code of Civil Procedure.
bSection 144 of the Code of Civil Procedure.
cSection 34 of the Code of Civil Procedure.
dSection 35A of the Code of Civil Procedure.
Answer: D
Section 35A CPC empowers the court to award compensatory costs, subject to the statutory ceiling, in respect of false or vexatious claims or defences.
In a money decree where the agreement was silent as to interest, the court directed payment of interest. As per Section 34 of the Code of Civil Procedure, the court may award interest
aon the principal sum adjudged, for the period prior to suit, during the pendency of the suit, and from the date of decree till payment.
bonly for the period from institution of the suit till the date of decree.
cin no case, where the contract is silent as to interest.
donly from the date of the decree till realisation.
Answer: A
Section 34 CPC empowers the court to award interest at three stages on the principal sum adjudged: pre-suit interest, pendente lite interest from the date of suit to the date of decree, and future interest from the decree till payment.
Under Section 9 of the Code of Civil Procedure, 1908, a Civil Court has jurisdiction to try all suits of a civil nature except suits of which their cognizance is
aexpressly barred only
beither expressly or impliedly barred
cbarred by a notification of the State Government only
dimpliedly barred only
Answer: B
Section 9 vests Civil Courts with jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. Exclusion of civil court jurisdiction is not readily inferred and requires express words or clear implication.
The doctrine of res judicata embodied in Section 11 of the Code of Civil Procedure bars the trial of a matter which has been
adirectly and substantially in issue in a former suit between the same parties and finally decided by a competent court
bdecided by a court of small causes only
craised but expressly left undecided in the former suit
dmerely incidentally or collaterally in issue in a former suit
Answer: A
Section 11 bars re-litigation of a matter directly and substantially in issue in a former suit between the same parties (or those claiming under them), litigated under the same title, and heard and finally decided by a competent court. Matters merely collaterally in issue are not hit by res judicata.
Under Section 96 of the Code of Civil Procedure, an appeal from an original decree does NOT lie
awhere the value of the subject-matter exceeds the pecuniary limit
bfrom a decree passed with the consent of the parties
cfrom a preliminary decree
dfrom a decree passed ex parte
Answer: B
Section 96(3) provides that no appeal shall lie from a decree passed by the court with the consent of parties. An appeal does lie from an ex parte decree (Section 96(2)); in petty suits cognisable by Courts of Small Causes, no appeal lies except on a question of law where the value does not exceed the stated limit.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure lies only when the case involves
aa substantial question of law
ban error apparent on the face of the record
cany question of fact
da mixed question of fact and law of a trivial nature
Answer: A
After the 1976 amendment, Section 100 confines a second appeal to cases involving a substantial question of law; under sub-section (4) the High Court must formulate that question. The High Court cannot reappreciate findings of fact.
An application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure may succeed where the defendant satisfies the court that
ahe has since acquired fresh evidence
bthe plaintiff has not executed the decree within limitation
cthe summons was not duly served, or he was prevented by sufficient cause from appearing
dthe decree is erroneous on merits
Answer: C
Order IX Rule 13 allows an ex parte decree to be set aside where the defendant shows that summons was not duly served or that he was prevented by sufficient cause from appearing. Mere error on merits is not a ground under this Rule.
Under Order XXI Rule 90 of the Code of Civil Procedure, a sale of immovable property in execution may be set aside on the ground of
athe auction-purchaser being a stranger to the decree
bthe judgment-debtor's subsequent ability to pay the decretal amount
cinadequacy of price alone
dmaterial irregularity or fraud in publishing or conducting the sale resulting in substantial injury to the applicant
Answer: D
Order XXI Rule 90 permits setting aside a sale only where there is material irregularity or fraud in publishing or conducting the sale and the applicant has sustained substantial injury by reason thereof. Mere inadequacy of price is not, by itself, a ground.
Under Section 89 of the Code of Civil Procedure, where it appears to the court that there exist elements of a settlement, the court may refer the dispute for
aarbitration, conciliation, judicial settlement including Lok Adalat, or mediation
breference to the High Court for opinion
cmediation only, with consent of both parties
darbitration only
Answer: A
Section 89 empowers the court, where settlement elements exist, to formulate terms and refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation. Of these, mediation, Lok Adalat and judicial settlement may be ordered without the consent of a party; arbitration and conciliation require consent.
Under Order VII Rule 11 of the Code of Civil Procedure, a plaint shall be rejected where
athe defendant fails to file a written statement within time
bthe parties have not attempted alternative dispute resolution
cthe plaintiff resides outside the local limits of the court
dit does not disclose a cause of action, or the suit appears from the plaint to be barred by any law
Answer: D
Order VII Rule 11 mandates rejection of a plaint where it discloses no cause of action, where the suit appears from the statement in the plaint to be barred by any law, or where defects of valuation or stamp duty are not cured within time. The plaint alone is looked at.
A legal set-off under Order VIII Rule 6 of the Code of Civil Procedure can be claimed by a defendant only where the cross-claim is
aan ascertained sum of money legally recoverable and within the pecuniary jurisdiction of the court
ba claim that exceeds the plaintiff's claim in amount
cany unascertained claim for damages arising out of the same transaction
da claim that has become time-barred
Answer: A
Order VIII Rule 6 (legal set-off) is available only for an ascertained sum of money legally recoverable, not exceeding the pecuniary limits of the court's jurisdiction, where both parties fill the same character as in the plaintiff's suit. Unascertained damages fall under equitable set-off, not Rule 6.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when the question is whether a man is alive or dead and it is shown that he has not been heard of for seven years by those who would naturally have heard of him,
athe court shall presume that he is alive
bthe court shall presume that he is dead
cthe burden of proving that he is alive is shifted to the person who affirms it
dno presumption arises and the fact must be strictly proved
Answer: C
Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 provides that where a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive shifts to the person who affirms it. The Act does not itself raise a presumption of death.
A printout taken from a computer is sought to be tendered as evidence of the electronic record it contains. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such an electronic record is admissible
aonly after examination of a handwriting expert
bon production of a certificate identifying the electronic record and describing the manner of its production, signed by a responsible person
conly on production of the original computer in court
dwithout any certificate, like any other document
Answer: B
Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 requires a certificate identifying the electronic record, describing the manner of its production and giving particulars of the device, signed by a person in charge of the device (and an expert), to render the computer output admissible.
a. A child of tender years may be a competent witness if the court is satisfied that he understands the questions and can give rational answers. b. It is mandatory to administer an oath to such a child witness before recording his evidence. 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: B
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023, a child is competent if he can understand questions and give rational answers; administering an oath is not mandatory for a child who does not understand its nature. Hence (a) is correct and (b) is incorrect.
Oral evidence, in all cases, must be direct. Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), if it 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
cit is a matter of common knowledge
dhe heard it from another credible person
Answer: B
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 requires oral evidence to be direct: a fact which could be heard must be proved by the witness who says he heard it himself, excluding hearsay.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is
aan incompetent witness against an accused person
ba competent witness against an accused person, and a conviction is not illegal if it proceeds upon his corroborated testimony
ccompetent only if granted pardon by the court
dcompetent only in summons cases
Answer: B
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, 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; illustration (b) to Section 119 further allows the court to presume that an accomplice is unworthy of credit unless corroborated in material particulars.
A document is sought to be proved by production of a certified copy obtained from a public office. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a certified copy is
aadmissible only with leave of the High Court
binadmissible in all circumstances
cprimary evidence
dsecondary evidence
Answer: D
Under Sections 58 and 60 of the Bharatiya Sakshya Adhiniyam, 2023, certified copies are secondary evidence, admissible to prove the contents of the original in the circumstances specified, including where the original is a public document.
a. The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events. b. Such a presumption is conclusive and cannot be displaced by evidence. Choose the correct option in respect of the presumption under Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are correct
dBoth are incorrect
Answer: A
Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 permits the court to presume the existence of likely facts having regard to the common course of natural events; being a 'may presume' provision, it is rebuttable and not conclusive. Hence (a) is correct and (b) is incorrect.
In a suit on a promissory note, the defendant admits execution but pleads that consideration was wholly absent. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving the absence of consideration
alies on the plaintiff throughout
bdoes not arise once execution is admitted
clies on the defendant who asserts it
dlies on the court to investigate
Answer: C
Under Sections 104 and 106 of the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving a particular fact lies on the party who asserts it; the defendant pleading want of consideration must prove that fact.
Leading questions, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), may be asked
ain re-examination as a matter of right
bnever, in any stage of the proceeding
cin cross-examination
din examination-in-chief as a matter of right
Answer: C
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 permits leading questions in cross-examination, while in examination-in-chief and re-examination they may be asked, if objected to, only with the permission of the court.
When the conduct of any party to a proceeding, or of an agent to such party, in reference to the suit or to any fact in issue or relevant fact, is itself a relevant fact under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), it is made relevant by
aSection 9
bSection 15
cSection 6
dSection 4
Answer: C
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 makes the conduct of any party or his agent, in reference to the suit or any fact in issue or relevant fact, a relevant fact, where such conduct influences or is influenced by the fact.
Section 14 of the Limitation Act, 1963 permits exclusion of the time spent in prosecuting another civil proceeding where that proceeding was :
aprosecuted in any court irrespective of good faith or diligence
bprosecuted with due diligence, in good faith, in a court unable to entertain it for defect of jurisdiction or other like cause
cdismissed on merits after a full trial
dabandoned by the plaintiff for reasons of convenience
Answer: B
Section 14 allows exclusion of time during which the plaintiff was, with due diligence and in good faith, prosecuting another proceeding in a court unable to entertain it owing to defect of jurisdiction or other cause of a like nature.
Under Section 18 of the Limitation Act, 1963, where an acknowledgment of liability in respect of a right is made in writing signed by the party before the prescribed period expires :
athe right is wholly extinguished
ba fresh period of limitation is computed from the time when the acknowledgment was signed
cthe original period of limitation continues unaffected
dthe period is extended by exactly one year from the acknowledgment
Answer: B
Section 18 provides that a valid written and signed acknowledgment made before expiry of the period gives rise to a fresh period of limitation computed from the time the acknowledgment was signed.
A debtor makes a part-payment towards a debt before the prescribed period of limitation expires, and the fact of payment appears in his own handwriting in the account. Under Section 19 of the Limitation Act, 1963, a fresh period of limitation shall be computed from :
athe close of the year in which the debt arose
bthe date the debt was originally incurred
cthe time when the payment was made
dthe date of the next demand by the creditor
Answer: C
Section 19 provides that where part-payment of a debt is made before expiry of the period, a fresh period of limitation runs from the time when the payment was made, provided the fact appears in writing signed by the payer.
Where, after the institution of a suit, a new defendant is substituted or added, Section 21(1) of the Limitation Act, 1963 provides that, as regards him, the suit shall be deemed to have been instituted :
awhen he was so made a party
bon the date of discovery of the cause of action against him
con the date of the first hearing
don the date of the original plaint in every case
Answer: A
Section 21(1) provides that where a new plaintiff or defendant is substituted or added, the suit as regards him is deemed instituted when he was made a party, save where the court finds the omission was due to a bona fide mistake.
Under Section 27 of the Limitation Act, 1963, on the determination of the period prescribed for a person to institute a suit for possession of any property :
aonly his remedy is barred but his right to the property survives
bthe property vests in the State
chis right to such property is extinguished
dthe period may be revived by a fresh acknowledgment
Answer: C
Section 27 is an exception to the general rule that limitation bars only the remedy; it extinguishes the very right to the property once the period to sue for possession expires.
The period of limitation for a suit for possession of immovable property or any interest therein based on title (Article 65 of the Schedule to the Limitation Act, 1963) is twelve years, and time begins to run :
awhen the possession of the defendant becomes adverse to the plaintiff
bfrom the date of the plaintiff's first demand for possession
cfrom the date of registration of the title document
dfrom the date the plaintiff acquired title
Answer: A
Under Article 65, a suit for possession based on title carries a 12-year period running from the time the defendant's possession becomes adverse to the plaintiff.
Under Article 137 of the Schedule to the Limitation Act, 1963, an application for which no period of limitation is provided elsewhere in the Division must be made within :
aOne year from when the right to apply accrues
bThirty days from when the right to apply accrues
cNinety days from when the right to apply accrues
dThree years from when the right to apply accrues
Answer: D
Article 137 is the residuary article for applications, prescribing three years from when the right to apply accrues.
Under Article 1 of the Schedule to the Limitation Act, 1963, the period of limitation for a suit for the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties, is three years, computed from :
athe close of the year in which the last item admitted or proved is entered in the account
bthe date on which the account was opened
cthe date of the last item entered in the account
dthe date of the first demand made by either party
Answer: A
Article 1 prescribes three years running from the close of the year in which the last item admitted or proved is entered in the account, such year being computed as in the account.
The Constitution (103rd Amendment) Act, 2019, which inserted Articles 15(6) and 16(6), is concerned with
aanti-defection provisions
breservation in promotion for Scheduled Castes and Scheduled Tribes
cthe National Commission for Backward Classes
da maximum of ten per cent reservation for economically weaker sections
Answer: D
The 103rd Amendment Act, 2019 inserted Articles 15(6) and 16(6) enabling up to 10% reservation for economically weaker sections (EWS); it was upheld in Janhit Abhiyan v. Union of India (2022).
Match the Articles of the Constitution of India with the right they protect and choose the correct option: a. Article 20(1) b. Article 20(2) c. Article 20(3) d. Article 22 / I. Protection against double jeopardy II. Protection against ex-post-facto law III. Protection against arrest and detention in certain cases IV. Protection against self-incrimination
aa-I, b-II, c-III, d-IV
ba-III, b-IV, c-I, d-II
ca-IV, b-III, c-II, d-I
da-II, b-I, c-IV, d-III
Answer: D
Article 20(1) bars ex-post-facto laws, 20(2) bars double jeopardy, 20(3) protects against self-incrimination, and Article 22 gives protection against arbitrary arrest and detention.
Under Article 312 of the Constitution of India, the creation of a new All-India Service, including an All-India Judicial Service, may be initiated only if
aall the State Legislatures ratify a proposal of Parliament
bthe Rajya Sabha declares by resolution supported by not less than two-thirds of the members present and voting that it is necessary in the national interest
cthe Lok Sabha passes a resolution by simple majority
dthe President issues a proclamation under Article 356
Answer: B
Article 312(1) requires the Council of States (Rajya Sabha) to pass a resolution supported by at least two-thirds of members present and voting, declaring it necessary in the national interest, before Parliament may create a new All-India Service.
Statement (a): The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32. Statement (b): Article 32 itself is a Fundamental Right. Choose the correct option.
aBoth are incorrect
ba is incorrect and b is correct
cBoth are correct
da is correct and b is incorrect
Answer: C
Article 226 permits writs for enforcement of fundamental rights "and for any other purpose", so it is wider in scope than Article 32 which is confined to fundamental rights; Article 32, being the right to constitutional remedies, is itself a fundamental right.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court of India propounded which doctrine limiting the amending power of Parliament under Article 368?
aDoctrine of basic structure
bDoctrine of colourable legislation
cDoctrine of pith and substance
dDoctrine of eclipse
Answer: A
In Kesavananda Bharati (AIR 1973 SC 1461), the Supreme Court held that Parliament under Article 368 cannot amend the Constitution so as to alter or destroy its basic structure.
An order of preventive detention can, ordinarily, be extended beyond three months only on the report of
athe Council of Ministers
bthe District Magistrate concerned
cthe Attorney General of India
dan Advisory Board consisting of persons qualified to be High Court Judges
Answer: D
Article 22(4) provides that a law of preventive detention shall not authorise detention beyond three months unless an Advisory Board, consisting of persons who are or have been qualified to be High Court Judges, reports sufficient cause for such detention.
Under the Constitution of India, the Governor of a State is empowered to grant pardons, reprieves, respites or remissions of punishment under
aArticle 163
bArticle 213
cArticle 161
dArticle 72
Answer: C
Article 161 empowers the Governor of a State to grant pardons, reprieves, respites or remissions of punishment in respect of offences against laws relating to matters to which the State's executive power extends; the corresponding power of the President is under Article 72.
The Supreme Court of India may, in its discretion, grant special leave to appeal from any judgment or order passed by any court or tribunal in the territory of India under Article 136. This power does NOT extend to any judgment or order passed by
aa civil tribunal of limited jurisdiction
ba court or tribunal constituted under any law relating to the Armed Forces
ca Family Court
da High Court in a criminal matter
Answer: B
Article 136(2) expressly bars the special leave jurisdiction in relation to any judgment, determination or order passed by any court or tribunal constituted by or under any law relating to the Armed Forces.
Statement (a): Right to freedom of speech and expression under Article 19(1)(a) is available to citizens as well as to foreigners. Statement (b): The right to protection of life and personal liberty under Article 21 is available to all persons, whether citizens or not. 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
The freedoms under Article 19 are available only to citizens of India, so statement (a) is incorrect; Article 21 uses the word "person" and protects citizens and non-citizens alike, so statement (b) is correct.
Under Article 235 of the Constitution of India, the control over District Courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State, is vested in
athe High Court
bthe State Public Service Commission
cthe Governor of the State
dthe State Government in the Law Department
Answer: A
Article 235 vests in the High Court the control over the subordinate judiciary, including posting, promotion and grant of leave to persons in the judicial service of the State (other than District Judges).
The offence of cheating, earlier scattered across Sections 417, 418 and 420 of the Indian Penal Code, is now consolidated principally under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 318
bSection 303
cSection 316
dSection 320
Answer: A
Section 318 BNS consolidates cheating; Section 318(4) corresponds to the old Section 420 (cheating and dishonestly inducing delivery of property). Criminal breach of trust is separately placed in Section 316.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust (corresponding to Sections 405-409 of the Indian Penal Code) is now contained in
aSection 318
bSection 324
cSection 316
dSection 314
Answer: C
Section 316 BNS consolidates criminal breach of trust, clubbing the erstwhile IPC Sections 405-409 (including breach by carrier, clerk, public servant, banker etc.) into one provision.
Nothing is an offence which is done by a child under what age, as per the general exception in the Bharatiya Nyaya Sanhita, 2023?
aSix years
bTwelve years
cSeven years
dTen years
Answer: C
Section 21 BNS (corresponding to old Section 82 IPC) provides absolute immunity (doli incapax) to a child under seven years of age. Between seven and twelve, immunity is qualified under Section 22 BNS, depending on maturity of understanding.
A engages in sexual intercourse with a woman by deceitfully making a false promise of employment or marriage, where such intercourse does not amount to rape. Under the Bharatiya Nyaya Sanhita, 2023, this is an offence under
aSection 64
bSection 69
cSection 63
dSection 70
Answer: B
Section 69 BNS is a new provision penalising sexual intercourse obtained by deceitful means (including a false promise of marriage, employment or promotion, or by suppressing identity), where it does not amount to rape; punishment extends to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum punishment prescribed for the offence of gang rape under Section 70(1) is rigorous imprisonment for a term which shall not be less than
aten years
bfourteen years
ctwenty years
dseven years
Answer: C
Section 70(1) BNS prescribes rigorous imprisonment of not less than twenty years, which may extend to imprisonment for the remainder of the person's natural life, and fine, for gang rape.
The offence of 'terrorist act', not previously found in the general penal code, has been introduced into the Bharatiya Nyaya Sanhita, 2023 under
aSection 113
bSection 111
cSection 112
dSection 152
Answer: A
Section 113 BNS newly defines and punishes a 'terrorist act' threatening the unity, integrity, sovereignty, security or economic security of India. Section 111 separately deals with organised crime.
Under the Bharatiya Nyaya Sanhita, 2023, where culpable homicide not amounting to murder is committed with the intention of causing death, the offence is punishable under Section 105 with imprisonment for life or imprisonment for a term which may extend to
afive years
bseven years
cfourteen years
dten years
Answer: D
Section 105 BNS provides that where the act is done with intention to cause death (or such injury as is likely to cause death), the punishment is imprisonment for life or imprisonment of not less than five years extending to ten years, plus fine.
A consumes liquor of his own accord and, while voluntarily intoxicated, commits an act which would be an offence. Under the Bharatiya Nyaya Sanhita, 2023, the defence of intoxication under Section 23
ais never available as a defence in any circumstance
bis available only if he was a habitual drunkard
cis available only where the intoxication was caused without his knowledge or against his will
dis available, as intoxication negatives mens rea in every case
Answer: C
Section 23 BNS (corresponding to old Section 85 IPC) excuses an act done by a person incapable of judgment by reason of intoxication only where the intoxicating thing was administered without his knowledge or against his will; voluntary intoxication is no defence.
Under the Bharatiya Nyaya Sanhita, 2023, the general punishment for voluntarily causing grievous hurt under Section 117(2) is imprisonment which may extend to
afive years
bthree years
cseven years
dten years
Answer: C
Section 117(2) BNS (corresponding to old Section 325 IPC) punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine. Where the hurt causes permanent disability or persistent vegetative state, Section 117(3) prescribes a minimum of ten years.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is prescribed under
aSection 102
bSection 105
cSection 101
dSection 103
Answer: D
Section 101 BNS defines when culpable homicide amounts to murder, while Section 103(1) prescribes the punishment for murder, namely death or imprisonment for life, and fine.
Under Section 3 of the Maharashtra Rent Control Act, 1999, the Act does NOT apply to premises let to a private limited or public limited company having a paid-up share capital exceeding :
aOne crore rupees
bFifty lakh rupees
cFive crore rupees
dTwenty-five lakh rupees
Answer: A
Section 3(1)(b) excludes from the Act premises let to a private or public limited company whose paid-up share capital exceeds one crore rupees, among other excluded entities such as banks and public sector undertakings.
Under Section 55 of the Maharashtra Rent Control Act, 1999, an agreement for leave and license or for letting of any premises entered into after the commencement of the Act :
aShall be in writing but need not be registered
bShall be in writing and shall be registered under the Registration Act, 1908
cShall be registered only if the monthly rent exceeds rupees five thousand
dMay be either oral or in writing, at the option of the parties
Answer: B
Section 55(1) makes it compulsory that every such agreement be in writing and registered under the Registration Act, 1908, the responsibility for registration being cast on the landlord.
Where a landlord fails to get the tenancy or leave and license agreement registered as required by Section 55 of the Maharashtra Rent Control Act, 1999, then in the absence of a registered written agreement :
aThe Competent Authority shall determine the terms afresh
bThe contention of the tenant about the terms and conditions shall prevail, unless proved otherwise
cThe contention of the landlord about the terms and conditions shall prevail
dNo tenancy is deemed to exist at all
Answer: B
The proviso to Section 55 provides that in the absence of a registered written agreement, the contention of the tenant about the terms on which the premises were given shall prevail, unless proved otherwise.
Failure of the landlord to comply with the compulsory registration requirement under Section 55 of the Maharashtra Rent Control Act, 1999 is punishable with :
aImprisonment which may extend to three months or fine not exceeding rupees five thousand or both
bImprisonment which may extend to six months only
cFine only, not exceeding rupees one thousand
dImprisonment which may extend to one year or fine not exceeding rupees ten thousand or both
Answer: A
Section 55(2) prescribes that on conviction the landlord is punishable with imprisonment up to three months, or fine not exceeding rupees five thousand, or both.
For the purposes of clause (g) of sub-section (1) of Section 16 of the Maharashtra Rent Control Act, 1999 (bona fide requirement of the landlord), the expression 'landlord' does NOT include :
aA rent-farmer
bAll of the above
cAn estate-manager
dA rent-collector
Answer: B
The Explanation to Section 16(1)(g) provides that for that clause the expression 'landlord' does not include a rent-farmer, a rent-collector or an estate-manager.
Under Section 16(2) of the Maharashtra Rent Control Act, 1999, no decree for eviction on the ground of bona fide requirement of the landlord under Section 16(1)(g) shall be passed if the court is satisfied that :
aThe landlord owns another premises in the same city
bGreater hardship would be caused by passing the decree than by refusing to pass it
cThe tenant has paid all arrears of rent with interest
dThe tenancy has subsisted for more than twelve years
Answer: B
Section 16(2) embodies the comparative-hardship test: the court must refuse the eviction decree on the bona fide requirement ground if greater hardship would be caused by granting it than by refusing it.
Under the Maharashtra Rent Control Act, 1999, a landlord is entitled to recover possession of the premises on the ground that the tenant has, without the landlord's written consent :
aPaid rent through a third party
bErected on the premises any permanent structure
cLawfully sub-let the premises with prior intimation
dCarried on his usual lawful business
Answer: B
Section 16(1) makes erection of a permanent structure by the tenant on the premises without the landlord's written consent a ground for recovery of possession; unlawful sub-letting (not lawful sub-letting) is a separate ground.
Where a tenant has incurred liability to eviction for non-payment of standard rent, the tenant may avoid a decree for eviction by paying or tendering, within ninety days of service of summons, the arrears of standard rent and permitted increases together with simple interest at the rate of :
a6 per cent per annum
b18 per cent per annum
c15 per cent per annum
d9 per cent per annum
Answer: C
Section 15 allows the tenant to defeat the eviction by paying, within ninety days of the summons, all arrears with simple interest at fifteen per cent per annum, continuing to pay rent regularly and bearing costs as ordered.
Under Section 7 of the Maharashtra Rent Control Act, 1999, where the standard rent was not previously fixed by a court, the standard rent is the rent at which the premises were let on a notified base date with a statutory increase. That base date is :
a1st day of January 1999
b1st day of October 1980
c1st day of October 1987
d1st day of April 1973
Answer: C
Under the definition of 'standard rent' in Section 7, where rent was not earlier fixed by a court it is the rent at which the premises were let on the 1st day of October 1987, increased by five per cent.
Under Section 33 of the Maharashtra Rent Control Act, 1999, the court having jurisdiction to entertain and try suits and proceedings between landlord and tenant relating to premises situated in Brihan Mumbai is :
aThe High Court of Bombay
bThe City Civil Court, Mumbai
cThe Court of the Metropolitan Magistrate, Mumbai
dThe Court of Small Causes, Mumbai
Answer: D
Section 33 vests jurisdiction over rent disputes in Brihan Mumbai exclusively in the Court of Small Causes, Mumbai (and in the Court of Small Causes or the Court of the Civil Judge elsewhere).
Under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case instituted on a police report, the Magistrate shall furnish to the accused copies of the police report and other documents free of cost in no case beyond:
aThirty days from the date of cognizance
bFourteen days from the date of production or appearance of the accused
cSeven days from the date of production or appearance of the accused
dSixty days from the filing of the charge-sheet
Answer: B
Section 230 BNSS introduces a definite outer limit of fourteen days from the date of production or appearance of the accused for supplying copies of the police report, FIR, witness statements and other documents to the accused (and the victim, if represented).
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time in Indian criminal procedure, a provision for inquiry, trial or judgment in absentia of a proclaimed offender. Such trial in absentia shall not commence until a period of how long has elapsed from the date of framing of the charge?
a90 days
b30 days
c60 days
d180 days
Answer: A
Section 356 BNSS, a new provision, permits trial in absentia of a proclaimed offender who has absconded to evade trial; the trial shall not commence until ninety days have elapsed from the date of framing of the charge.
Under Section 398 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation to prepare and notify a Witness Protection Scheme for the State lies upon:
aEvery State Government
bThe Central Government alone
cThe High Court of the State
dThe Director of Prosecution
Answer: A
Section 398 BNSS is a new provision that mandates every State Government to prepare and notify a Witness Protection Scheme for the State to ensure protection of witnesses.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court if, during investigation, inquiry or trial, he has undergone detention for a period extending up to:
aOne-fourth of the maximum period of imprisonment specified for the offence
bOne-third of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond if he has undergone detention up to one-third of the maximum period of imprisonment; for others, the threshold under the main provision is one-half.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the search and seizure of articles, the preparation of the list of seized articles and the signing of such list by witnesses is required to be:
aCarried out only in the presence of the Public Prosecutor
bAttested only by two independent gazetted officers
cApproved beforehand by the Court of Session
dRecorded through audio-video electronic means, preferably a mobile phone, and forwarded to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the First Class
Answer: D
Section 105 BNSS is a new provision mandating audio-video electronic recording (preferably by mobile phone) of the search and seizure process, with the recording to be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the First Class.
Which of the following statements regarding the Bharatiya Nagarik Suraksha Sanhita, 2023 is correct? (a) The BNSS came into force on 1st July, 2024. (b) Section 531 BNSS repeals the Code of Criminal Procedure, 1973, subject to a savings clause for pending matters. Choose the correct option.
aOnly (a) is correct
bBoth (a) and (b) are correct
cOnly (b) is correct
dNeither (a) nor (b) is correct
Answer: B
The BNSS came into force on 1 July 2024 and Section 531(1) repeals the CrPC, 1973, while Section 531(2)(a) saves pending appeals, applications, trials, inquiries and investigations, which continue under the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the High Court and the Court of Session to grant bail to any person accused of an offence and in custody is contained in:
aSection 483
bSection 478
cSection 480
dSection 484
Answer: A
Section 483 BNSS (corresponding to Section 439 of the old CrPC) confers special powers on the High Court and the Court of Session regarding bail, including the power to impose conditions and to cancel bail already granted.
Under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer is required to inform the informant or the victim about the progress of the investigation within:
aFifteen days
bSixty days
cNinety days
dThirty days
Answer: C
Section 193(3) BNSS introduces a new right whereby the police officer must inform the informant or victim of the progress of the investigation, including by electronic communication, within ninety days.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of a cognizable offence which is punishable with imprisonment for a term which may extend to less than three years, and where the person is sixty years of age or above, a police officer:
aShall not arrest the person except with the prior permission of an officer not below the rank of Deputy Superintendent of Police
bCannot investigate the offence at all
cMay arrest only after the charge-sheet is filed
dMust in every case arrest the person without warrant
Answer: A
The proviso to Section 35(7) BNSS provides that where an offence is punishable with imprisonment for less than three years and the person is infirm or above sixty years of age, arrest shall be made only with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail in a bailable offence is governed by which provision?
aSection 480
bSection 482
cSection 483
dSection 478
Answer: D
Section 478 BNSS (corresponding to Section 436 of the old CrPC) provides for the grant of bail as of right to a person accused of a bailable offence. Section 480 deals with non-bailable offences and Section 482 with anticipatory bail.
A executes a sale deed in favour of B by exercise of undue influence. A apprehends that the deed, if left outstanding, may cause him serious injury. Under Section 31 of the Specific Relief Act, A may sue to have the deed adjudged
avoid only, never voidable
bvalid but unenforceable
crectified to reflect his true intention
dvoid or voidable, and ordered to be delivered up and cancelled
Answer: D
Section 31 permits a person against whom a written instrument is void or voidable, who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
A, being able to seek possession of property in addition to a declaration of his title, sues only for a bare declaration of title and omits to claim possession. Under Section 34 of the Specific Relief Act, the court
amust convert the suit into one for possession suo motu
bshall not make such a declaration
cshall grant declaration but defer the question of possession
dshall grant the declaration as prayed
Answer: B
The proviso to Section 34 bars the court from making a declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Consider the following under the Specific Relief Act: a. A perpetual injunction can be granted only by a decree made at the hearing and upon the merits of the suit. b. A perpetual injunction may be granted where the invasion of the plaintiff's right is such that compensation in money would not afford adequate relief. Choose the correct option.
aa is correct and b is incorrect
ba is incorrect and b is correct
cBoth are incorrect
dBoth are correct
Answer: D
Section 38(1) states a perpetual injunction is granted by a decree at the hearing on the merits, and Section 38(3)(c) lists inadequacy of monetary compensation as a ground. Both statements are correct.
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may grant
aa mandatory injunction under Section 39
ba declaratory decree under Section 34
crescission of contract under Section 28
da temporary injunction under Section 37
Answer: A
Section 39 of the Specific Relief Act empowers the court, in its discretion, to grant a mandatory injunction compelling the performance of acts necessary to prevent the breach of an obligation, where the court is capable of enforcing those acts.
Under Section 41 of the Specific Relief Act, an injunction cannot be granted: a. to restrain any person from instituting or prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless to prevent multiplicity of proceedings. b. when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust. 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 41(a) bars injunctions restraining pending judicial proceedings (save to prevent multiplicity), and Section 41(h) bars injunctions where an equally efficacious relief can be obtained by any other usual mode of proceeding except in case of breach of trust. Both are correct.
A sues B for a perpetual injunction restraining B from a continuing breach of an obligation. Under Section 40 of the Specific Relief Act, the plaintiff may, in addition to or in substitution for the injunction, also claim
arectification of the instrument
ba declaration of title only
crescission only
ddamages
Answer: D
Section 40 permits a plaintiff in a suit for perpetual or mandatory injunction to claim damages either in addition to, or in substitution for, such injunction; the court may award such damages if it thinks fit.
P agrees to purchase from Q a particular house. Q, having no title to the house, contracts to sell it. After the 2018 amendment, can P obtain specific performance against Q?
aNo, because Section 11 and Section 14 do not compel performance where the defendant cannot convey a good title, and a seller without title cannot be compelled to convey what he does not have
bNo, because a contract is in its nature determinable and hence barred under Section 14
cYes, but only on payment of double the consideration
dYes, because specific performance is now a general rule and is granted irrespective of title
Answer: A
Even after the 2018 amendment making specific performance the general rule, a contract cannot be specifically enforced so as to compel a seller who has no title to convey property he does not own; the relief is moulded to what the court can lawfully enforce.
P was dispossessed of his shop on 1st January without his consent and otherwise than in due course of law. He files a suit under Section 6 of the Specific Relief Act on 20th September of the same year. a. The suit is barred by limitation. b. Even if maintainable, no appeal would lie from a 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
Under Section 6(2)(a) no suit can be brought after six months from the date of dispossession; a suit filed after about eight and a half months is time-barred. Section 6(3) bars both appeal and review from any order or decree passed in such a suit, so both statements are correct.
A is forcibly dispossessed of immovable property by B and sues under Section 6 of the Specific Relief Act. During the suit B seeks to lead evidence that he, and not A, is the true owner of the property. As per Section 6, the court
ashall grant possession to A on proof of prior possession and illegal dispossession, notwithstanding any title set up by B
bmust decide the question of title before granting any relief
cshall stay the suit till title is decided in a separate suit
dmust dismiss the suit if B shows a prima facie title
Answer: A
A Section 6 suit is a summary remedy concerned only with possession; under Section 6(1) possession is recovered "notwithstanding any other title that may be set up in such suit", so the question of title is irrelevant to it.
After the Specific Relief (Amendment) Act, 2018, the position regarding specific performance of contracts under Section 10 is that
ait has been abolished for contracts relating to immovable property
bspecific performance shall be enforced subject to the provisions of Sections 11(2), 14 and 16
cit continues to be a purely discretionary relief of the court
dit can be granted only where compensation in money is an inadequate relief
Answer: B
The 2018 Amendment recast Section 10 so that specific performance "shall be enforced" by the court, subject only to Sections 11(2), 14 and 16, converting it from a discretionary remedy into a general rule.
Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer
awhen the goods are weighed or measured
bwhen the contract is made
cwhen the goods are delivered
dwhen the price is paid
Answer: B
Under Section 20 of the Sale of Goods Act, for an unconditional contract of sale of specific goods in a deliverable state, property passes when the contract is made, irrespective of postponement of delivery or payment.
a. The general rule is that no one can give a better title to goods than he himself has (nemo dat quod non habet). b. A buyer to whom goods are delivered which he has not previously examined is deemed to have accepted them immediately on delivery. 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 correct
dBoth are incorrect
Answer: B
Section 27 of the Sale of Goods Act enacts the nemo dat rule, so (a) is correct; under Section 41 a buyer is not deemed to have accepted goods until he has had a reasonable opportunity to examine them, so (b) is wrong.
Under the Sale of Goods Act, a seller of goods is deemed to be an 'unpaid seller' when
aonly when the whole of the price has not been paid
bwhen the whole of the price has not been paid or tendered, or a negotiable instrument received as conditional payment has been dishonoured
conly when the goods are still in his possession
donly when delivery has not been made to the buyer
Answer: B
Under Section 45 of the Sale of Goods Act the seller is an 'unpaid seller' when the whole of the price has not been paid or tendered, or where a bill of exchange or other negotiable instrument received as conditional payment has been dishonoured.
An unpaid seller who has exercised his right of lien wishes to resell the goods which are not of a perishable nature. He may resell and recover damages from the original buyer for any loss only if he
agives notice to the buyer of his intention to resell
bfirst refunds the part of the price already received
cresells the goods by public auction only
dobtains the leave of the court before resale
Answer: A
Under Section 54(2) of the Sale of Goods Act, where the goods are not perishable, the unpaid seller must give notice to the buyer of his intention to resell; only then can he recover the loss on resale from the original buyer.
Under the Indian Partnership Act, where no provision is made by contract between the partners for the duration or for the determination of their partnership, the partnership is
aa particular partnership
ba partnership at will
cno partnership in law
da limited partnership
Answer: B
Under Section 7 of the Indian Partnership Act, where the contract makes no provision for the duration or determination of the partnership, it is a 'partnership at will'.
A person admitted to the benefits of partnership during his minority may elect to become or not to become a partner by giving public notice within
asix months of obtaining knowledge that he had been so admitted only
bone year of attaining majority only
cthree months of attaining majority only
dsix months of attaining majority, or of obtaining knowledge that he had been so admitted, whichever date is later
Answer: D
Under Section 30(5) of the Indian Partnership Act such a person may give public notice of his election within six months of attaining majority, or of obtaining knowledge of his admission, whichever date is later.
An outgoing partner, where the surviving partners carry on the business without a final settlement of accounts, is entitled, at his option, to such share of subsequent profits attributable to the use of his share of property or to interest at the rate of
asix per cent per annum on the amount of his share in the property of the firm
bsuch rate as the court may fix in each case
ctwelve per cent per annum on the amount of his share
dnine per cent per annum on the amount of his share
Answer: A
Under Section 37 of the Indian Partnership Act the outgoing partner (or his estate) may claim either the share of profits attributable to the use of his share of the firm's property, or interest at six per cent per annum on the amount of his share.
Subject to any contract between the partners, a firm is dissolved on the happening of which of the following? a. Expiry of the fixed term for which it was constituted b. Completion of the adventure for which it was constituted c. Death of a partner d. Adjudication of a partner as an insolvent Choose the correct option.
aa and b only
ba, b and c only
cc and d only
dAll of the above
Answer: D
Section 42 of the Indian Partnership Act provides that, subject to contract, a firm is dissolved by expiry of the fixed term, completion of the adventure, death of a partner, and adjudication of a partner as insolvent.
A firm is not registered under the Indian Partnership Act. Which of the following is correct as to the effect of such non-registration?
aThe firm can sue a third party, but a third party cannot sue the firm
bNeither the firm nor a third party can institute any suit against the other
cThe firm cannot sue a third party to enforce a right arising from a contract, but a third party can sue the firm
dNon-registration has no effect on any right of suit whatsoever
Answer: C
Under Section 69(2) an unregistered firm cannot sue a third party to enforce a contractual right; but Section 69(3) and the scheme of the section leave intact a third party's right to sue the firm.
A promises, in writing and signed by him, to compensate B for trouble which B had already voluntarily taken at A's request before any promise of payment was made. As to consideration, the agreement is
avoid for want of consideration
bvoidable at the option of A
cvalid only if it is registered
dvalid, being a promise to compensate a person who has already voluntarily done something for the promisor
Answer: D
Under Section 25(2) of the Contract Act, a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor is a valid exception to the rule that an agreement without consideration is void.
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, deemed to be a lease from year to year, terminable by :
asix months' notice
bthree months' notice
cthirty days' notice
dfifteen days' notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by six months' notice; any other lease is deemed month to month, terminable by fifteen days' notice. (After the 2002 amendment, the notice need not expire with the end of a year or month of tenancy.)
Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made :
aby an oral agreement accompanied by delivery of possession
bby an unregistered instrument signed by the lessor alone
conly by a registered instrument
dby a registered or unregistered instrument at the option of the lessor
Answer: C
Section 107 provides that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument; all other leases may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.
Under Section 123 of the Transfer of Property Act, a gift of immovable property must be effected by :
adelivery of possession alone
ban unregistered instrument attested by two witnesses
ca registered instrument signed by or on behalf of the donor and attested by at least two witnesses
dan oral declaration before two witnesses
Answer: C
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; for movable property, gift may be by registered instrument or by delivery.
A, the eldest son of B who is in good health, executes a deed for consideration in favour of C transferring "all the property A will inherit from B on B's death". During B's lifetime, the transfer in favour of C is
avalid and binds the property the moment B dies
bvalid only if registered and attested by two witnesses
cvoidable at the option of B
dvoid, being a transfer of a mere spes successionis
Answer: D
Under Section 6(a) of the Transfer of Property Act, the chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred, and such a transfer is void ab initio.
A owes B a debt of Rs. 50,000. B wishes to transfer this debt to C. As per the Transfer of Property Act, such transfer of the actionable claim
acan be made orally and is complete on mere delivery of possession of the debt
bis valid only if prior notice in writing is given to the debtor A
ccan be effected only by an instrument in writing signed by the transferor or his duly authorised agent
dmust be compulsorily registered to be valid
Answer: C
Section 130 TPA requires transfer of an actionable claim, with or without consideration, to be effected only by an instrument in writing signed by the transferor or his agent; registration and prior notice are not conditions of validity.
A is the ostensible owner of immovable property with the express consent of the real owner B. A sells the property to C for consideration. C, after taking reasonable care to ascertain A's power to transfer, acted in good faith. In a suit by B to set aside the sale on the ground that A was not the owner,
aC gets no title because consent of the real owner is irrelevant
bthe sale is void as A was not the true owner
cthe sale is voidable at B's option as he is the real owner
dthe sale is not voidable on that ground, the transfer being protected under Section 41
Answer: D
Section 41 TPA protects a transferee from an ostensible owner who holds with the real owner's consent, provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
A, fraudulently representing that he was authorised to transfer certain immovable property, sells it for consideration to B though A then had no title. Subsequently A inherits and acquires the very property. As per the Transfer of Property Act,
aA may keep the property as the original sale was a nullity
bB can only sue A for damages and cannot claim the property
cthe earlier sale remains void and B acquires nothing
dB may, at his option, require the transfer to operate on the interest A subsequently acquired
Answer: D
Section 43 TPA (feeding the grant by estoppel) allows the transferee, at his option, to claim the interest the transferor subsequently acquires while the contract of transfer subsists.
During the pendency of a suit relating to immovable property, a party to the suit transfers that property to a stranger without the court's leave. As per the doctrine of lis pendens under the Transfer of Property Act, the transfer
ais void and conveys no title whatsoever to the transferee
brequires the prior written permission of the opposite party to the suit
cis valid and binds all parties to the suit
dis not prohibited, but is subject to the rights of the parties under any decree or order the court may pass
Answer: D
Section 52 TPA does not void a transfer pendente lite; the property may be transferred, but such transfer cannot affect the rights of any other party under the decree or order the court may make, except with the court's authority.
For the purpose of the doctrine of lis pendens under Section 52 of the Transfer of Property Act, the pendency of a suit is deemed to commence from
athe date on which issues are framed
bthe date of the first hearing of the suit
cthe date of presentation of the plaint or institution of the proceeding in a court of competent jurisdiction
dthe date the defendant is served with summons
Answer: C
The Explanation to Section 52 TPA provides that pendency commences from the date of presentation of the plaint or institution of the proceeding and continues until final disposal and complete satisfaction of the decree.
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