Maharashtra Judiciary Mock Test 10 — Questions & Solutions
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Under Section 2(2) of the Code of Civil Procedure, the term "decree" includes
aany order of dismissal for default
ban order granting or refusing temporary injunction
cthe rejection of a plaint and the determination of a question under Section 144
dan order returning a plaint to be presented to the proper court
Answer: C
Under Section 2(2), "decree" expressly includes the rejection of a plaint and the determination of any question within Section 144 (restitution), but excludes adjudications from which an appeal lies as an appeal from an order and any order of dismissal for default.
The remedy of revision to the High Court under Section 115 of the Code of Civil Procedure lies against an order of a subordinate court where such court has
acommitted any error of fact in appreciating the evidence
brefused to grant an adjournment to a party
cpassed a decree that is excessive in quantum
dexercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted with material irregularity in exercise of its jurisdiction
Answer: D
Section 115 confines revisional jurisdiction to jurisdictional errors: where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise one so vested, or acted illegally or with material irregularity in the exercise of its jurisdiction. It is not a remedy for errors of fact or law within jurisdiction.
Under Section 80 of the Code of Civil Procedure, a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, ordinarily requires
adeposit of security for costs
bprior sanction of the High Court
ca notice in writing delivered, expiry of two months before institution of the suit
dleave of the court at the time of institution
Answer: C
Section 80(1) requires a written notice to be delivered or left at the office of the Government or public officer, and bars institution of the suit until two months after such notice. Under Section 80(2), urgent or immediate relief may be sought with the leave of the court without serving notice.
Summons for judgment under Order XXXVII of the Code of Civil Procedure can be issued in a
asummary suit upon a negotiable instrument or written contract for a liquidated sum
bsmall cause suit
cpartition suit
dsuit for specific performance
Answer: A
Order XXXVII (summary procedure) applies to suits upon bills of exchange, hundis, promissory notes, or for recovery of a liquidated demand arising on a written contract, enactment or guarantee. After service, the plaintiff takes out a summons for judgment, and the defendant must seek leave to defend.
Detention of a judgment-debtor in civil prison in execution of a money-decree is NOT permissible where
athe judgment-debtor owns immovable property
bthe decretal amount exceeds rupees five thousand
cthe judgment-debtor is a woman
dthe decree-holder has already realised part of the decretal amount
Answer: C
Under the proviso to Section 51 read with Section 56, the court cannot order arrest and detention in civil prison of a woman in execution of a decree for the payment of money. Other bars to detention include the debtor's intention to apply for insolvency and a money-decree not exceeding the prescribed sum.
Under Order VI Rule 17 of the Code of Civil Procedure, the proviso bars amendment of pleadings after the commencement of trial unless the court concludes that
ain spite of due diligence, the party could not have raised the matter before the trial commenced
bthe suit is at the stage of final arguments
cthe amendment introduces a fresh cause of action
dthe opposite party consents in writing
Answer: A
Order VI Rule 17 permits amendment of pleadings at any stage to determine the real questions in controversy, but the proviso disallows amendment after the trial has commenced unless the court concludes that, despite due diligence, the party could not have raised the matter before the commencement of trial.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by him in his official capacity, until the expiration of :
aOne month next after notice in writing has been delivered to or left at the office of the appropriate authority
bThree months next after notice in writing has been delivered to or left at the office of the appropriate authority
cTwo months next after notice in writing has been delivered to or left at the office of the appropriate authority
dSix months next after notice in writing has been delivered to or left at the office of the appropriate authority
Answer: C
Section 80(1) CPC bars institution of such a suit until the expiration of two months after written notice has been delivered to, or left at the office of, the appropriate authority stating the cause of action, name, description and place of residence of the plaintiff and the relief claimed.
Consider the following statements regarding appeals under the Code of Civil Procedure, 1908 : Statement (I) : No appeal shall lie from a decree passed by the court with the consent of parties. Statement (II) : An appeal lies from an original decree passed ex parte.
aStatement (II) is correct, (I) is incorrect
bBoth statements are incorrect
cStatement (I) is correct, (II) is incorrect
dBoth statements are correct
Answer: D
Section 96(3) CPC bars an appeal from a consent decree, while Section 96(2) expressly permits an appeal from an original decree passed ex parte; hence both statements are correct.
In a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, the defendant, after service of the summons for judgment, must apply for leave to appear and defend the suit within :
aSixty days from service of the summons for judgment
bTen days from service of the summons for judgment
cThirty days from service of the summons for judgment
dNinety days from service of the summons for judgment
Answer: B
Under Order XXXVII Rule 3(5) CPC, the defendant must apply for leave to defend within ten days from service of the summons for judgment, disclosing facts sufficient to entitle him to defend.
Where a decree has been varied or reversed in any appeal, the application for restitution under Section 144 of the Code of Civil Procedure, 1908, is to be made to :
aThe High Court in exercise of its revisional jurisdiction
bThe court of first instance
cThe appellate court which varied or reversed the decree
dAny court in whose jurisdiction the property is situated
Answer: B
Section 144 CPC provides that the application for restitution is to be made to the court which passed the decree or order, i.e. the court of first instance, so as to place the parties in the position they would have occupied but for the decree subsequently varied or reversed.
The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908, may be invoked only in a case decided by a subordinate court :
aOnly where the subordinate court has erred on a question of fact
bWhether or not an appeal lies, at the discretion of the High Court
cIn which an appeal lies to the High Court
dIn which no appeal lies thereto
Answer: D
Section 115 CPC permits revision only where no appeal lies to the High Court and the subordinate court has exercised a jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of its jurisdiction.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made by any person while he is in the custody of a police officer shall be proved against him as such accused, unless it is made :
aAfter the recording of an arrest memo
bIn the immediate presence of a senior police officer not below the rank of Inspector
cIn the presence of two independent witnesses
dIn the immediate presence of a Magistrate
Answer: D
Section 23(2) of the BSA, 2023 bars proof of a confession made in police custody unless it is made in the immediate presence of a Magistrate (carrying forward old Section 26 of the Indian Evidence Act).
Where information is received from a person accused of an offence in the custody of a police officer, so much of such information, whether it amounts to a confession or not, may be proved as :
aRelates distinctly to the fact thereby discovered
bIs reduced to writing and signed by the accused
cIs voluntarily repeated before a Magistrate
dIs corroborated by an independent witness
Answer: A
The proviso to Section 23(2) of the BSA, 2023 (the discovery exception, formerly Section 27 of the Evidence Act) permits proof of only so much of the information as relates distinctly to the fact thereby discovered.
Consider the following statements under the Bharatiya Sakshya Adhiniyam, 2023, regarding a dying declaration. Statement (I) : A statement as to the cause of death made by a person who is dead is relevant only when the person who made it was, at the time of making it, under expectation of death. Statement (II) : Such a statement is relevant whether or not the person who made it was under expectation of death.
aStatement (II) is correct, (I) is incorrect
bStatement (I) is correct, (II) is incorrect
cBoth statements are correct
dBoth statements are incorrect
Answer: A
Under Section 26(a) of the BSA, 2023, a statement as to the cause of death or circumstances of the transaction resulting in death is relevant whether or not the declarant was under expectation of death (same position as old Section 32(1)).
Under the Bharatiya Sakshya Adhiniyam, 2023, oral evidence must in all cases be direct. With respect to an opinion, oral evidence is "direct" if it is the evidence of :
aAny person who heard the opinion being expressed
bA person who read about the opinion in a public record
cThe investigating officer who recorded the opinion
dThe person who holds that opinion, and on the grounds on which he holds it
Answer: D
Section 55 of the BSA, 2023 requires oral evidence to be direct; for an opinion it must be the evidence of the person who holds that opinion and on the grounds on which he holds it.
Under the Bharatiya Sakshya Adhiniyam, 2023, primary evidence means :
aCertified copies of a document
bOral accounts of the contents of a document given by a person who has seen it
cThe document itself produced for the inspection of the Court
dCopies made from the original by a mechanical process
Answer: C
Section 57 of the BSA, 2023 defines primary evidence as the document itself produced for the inspection of the Court; the options in (a), (c) and (d) are forms of secondary evidence under Section 58.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a person specially skilled in foreign law, science or art, or in questions as to identity of handwriting or finger impressions, is :
aInadmissible as it usurps the function of the Court
bConclusive proof of the matter in issue
cRelevant only with the consent of both parties
dA relevant fact
Answer: D
Section 39 of the BSA, 2023 makes the opinion of an expert (in foreign law, science, art, handwriting or finger impressions) a relevant fact.
Under the Bharatiya Sakshya Adhiniyam, 2023, who among the following is competent to testify ?
aOnly a person who is willing to take an oath
bOnly a person who has personally witnessed the fact in issue
cEvery person, including a child, unless the Court considers that he is prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or any other cause of the same kind
dOnly a person who has attained the age of eighteen years
Answer: C
Section 124 of the BSA, 2023 makes every person, including a child, competent to testify unless prevented from understanding questions or giving rational answers by tender years, extreme old age, disease or any cause of the same kind.
Consider the following statements under the Bharatiya Sakshya Adhiniyam, 2023. Statement (I) : An accomplice is not a competent witness against an accused person. Statement (II) : A conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
aStatement (II) is correct, (I) is incorrect
bStatement (I) is correct, (II) is incorrect
cBoth statements are correct
dBoth statements are incorrect
Answer: A
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 enacts: 'An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.' Hence Statement (I) is wrong because an accomplice IS a competent witness, and Statement (II) is correct as worded to match the enacted BSA text (the enacted s.138 uses 'corroborated', unlike the repealed IEA s.133 which used 'uncorroborated'). Correct answer: (b).
Under the Bharatiya Sakshya Adhiniyam, 2023, when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 is :
aEqually divided between the prosecution and the accused
bOn the accused, and the Court shall presume the absence of such circumstances
cOn the prosecution, which must disprove the exception beyond reasonable doubt
dOn the Court, which must investigate the exception suo motu
Answer: B
Section 108 of the BSA, 2023 places the burden of proving circumstances bringing the case within a General Exception on the accused, and the Court shall presume the absence of such circumstances.
Under the Bharatiya Sakshya Adhiniyam, 2023, no particular number of witnesses shall in any case be required for the proof of any fact. This rule is contained in :
aSection 119
bSection 149
cSection 129
dSection 139
Answer: D
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required for the proof of any fact (corresponding to old Section 134 of the Evidence Act).
A money suit is instituted after the prescribed period of limitation has expired. The defendant, however, does not raise the bar of limitation in his written statement. As per Section 3 of the Limitation Act, 1963, the court
ashall dismiss the suit, even though limitation has not been set up as a defence
bshall proceed with the suit, since limitation was not pleaded by the defendant
cmay, in its discretion, condone the delay and proceed
dshall return the plaint for presentation to the proper court
Answer: A
Section 3 makes the dismissal of a time-barred suit mandatory and operates as a duty cast on the court, notwithstanding that limitation has not been set up as a defence by the opposite party.
A litigant wishes to file a suit on the very last day of the prescribed period of limitation, but on that day the court remains closed on account of a public holiday. Under Section 4 of the Limitation Act, 1963, the suit
ais barred, as no provision extends the period for closure of the court
bmay be instituted only after obtaining condonation of delay under Section 5
cmay be instituted on the day the court reopens
dmust be filed before the Registrar at his residence on the holiday itself
Answer: C
Section 4 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
A plaintiff files a suit for specific performance after the prescribed period and applies under Section 5 of the Limitation Act, 1963 to condone the delay, pleading sufficient cause. The Civil Judge should
acondone the delay only with the consent of the defendant
brefer the matter to the District Judge for condonation
creject the Section 5 application, because Section 5 does not apply to suits
dcondone the delay if sufficient cause is shown, as Section 5 applies to all proceedings
Answer: C
Section 5 permits condonation of delay only for appeals and applications (other than applications under Order XXI CPC); it does not extend to suits, which remain governed by the bar under Section 3.
In computing the period of limitation for an appeal preferred to the High Court against a decree, Section 12 of the Limitation Act, 1963 requires exclusion of
aonly the day on which the judgment was pronounced
bthe day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree appealed from
conly the time requisite for obtaining a copy of the decree, but not the day of judgment
dthe entire vacation period of the High Court
Answer: B
Under Section 12(2), in computing the limitation for an appeal, both the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from are excluded.
A debtor, before the expiry of the three-year limitation period for a debt, makes a written and signed acknowledgement of his liability. Under Section 18 of the Limitation Act, 1963, the effect of such acknowledgement is that
aa fresh period of limitation is computed from the time the acknowledgement was signed
bno effect follows unless the acknowledgement is registered
cthe debt becomes irrecoverable as an admission of default
dthe limitation period is extended only by the unexpired balance of the original period
Answer: A
Section 18 provides that where an acknowledgement of liability in writing, signed by the party, is made before the expiration of the prescribed period, a fresh period of limitation is computed from the time the acknowledgement was so signed.
A person remains in open, continuous and hostile possession of immovable property adverse to the true owner for more than twelve years, and the owner files no suit. The combined effect of Article 65 and Section 27 of the Limitation Act, 1963 is that
athe owner may sue at any time, as title is never lost by mere lapse of time
bthe possessor must still obtain a registered conveyance to perfect title
conly the owner's remedy is barred, but his title survives
dthe owner's right to the property is itself extinguished
Answer: D
While the Act generally bars the remedy, Section 27 is an exception: on expiry of the period prescribed for a suit for possession (twelve years under Article 65), the owner's right to the property is extinguished, and the adverse possessor perfects title.
An agreement to sell immovable property fixes a specific date for completion of the sale, but the vendor fails to perform on that date. Under Article 54 of the Limitation Act, 1963, the limitation for a suit for specific performance is
atwelve years from the date fixed for performance
bthree years from the date of the agreement
cthree years from the date fixed for performance
dthree years from the date the plaintiff has notice that performance is refused
Answer: C
Article 54 prescribes three years for a suit for specific performance, running from the date fixed for performance; only where no such date is fixed does time run from when the plaintiff has notice that performance is refused.
A statute confers a right to make an application before a tribunal but is silent as to any period of limitation for that application. Which provision of the Limitation Act, 1963 supplies the period, and what is that period?
aSection 5, thirty days subject to condonation
bArticle 58, three years from when the right to sue first accrues
cArticle 113, three years from accrual of the right to sue
dArticle 137, three years from when the right to apply accrues
Answer: D
Article 137 is the residuary article for applications, prescribing three years from the date the right to apply accrues, and applies where no specific period is otherwise provided.
Under the Schedule to the Limitation Act, 1963, the period of limitation for an appeal to a court other than the High Court from a decree or order under the Code of Civil Procedure (Article 117) is
athirty days
bsixty days
cninety days
done hundred and twenty days
Answer: A
Article 117 prescribes thirty days for an appeal to any court other than the High Court from a decree or order under the CPC; an appeal to the High Court under Article 116 is ninety days.
Statements about the scheme of the Limitation Act, 1963: (a) The general rule is that limitation bars only the remedy and does not extinguish the right. (b) Section 27, dealing with extinguishment of the right to property on lapse of the period for a possession suit, is an exception to this general rule. Choose the correct option.
a(a) is incorrect and (b) is correct
bBoth are correct
c(a) is correct and (b) is incorrect
dBoth are incorrect
Answer: B
As a rule the Limitation Act bars the remedy without extinguishing the underlying right; Section 27 is the recognised exception, extinguishing the owner's right to property once the period for a possession suit has expired.
Which Article of the Constitution of India guarantees the right to move the Supreme Court for the enforcement of the rights conferred by Part III, and was described by Dr. B.R. Ambedkar as the "heart and soul" of the Constitution?
aArticle 226
bArticle 13
cArticle 32
dArticle 136
Answer: C
Article 32 guarantees the right to constitutional remedies and is itself a fundamental right; Dr. Ambedkar called it the heart and soul of the Constitution. It empowers the Supreme Court to issue writs for enforcement of fundamental rights.
a. The writ jurisdiction of the High Court under Article 226 is wider than that of the Supreme Court under Article 32. b. A High Court can issue writs not only for the enforcement of fundamental rights but also for "any other purpose". 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: C
Article 226 permits High Courts to issue writs for enforcement of fundamental rights "and for any other purpose" (i.e. ordinary legal rights), a phrase absent from Article 32, making Article 226 wider in scope.
Match the following constitutional functionaries with the authority that appoints them: a. Attorney-General for India I. President b. Comptroller and Auditor-General of India II. President c. Judges of the Supreme Court III. President d. Chief Election Commissioner IV. President. Choose the correct statement.
aNone is appointed by the President
bOnly a and b are appointed by the President
cOnly c and d are appointed by the President
dAll of the above are appointed by the President
Answer: D
The Attorney-General (Art. 76), the CAG (Art. 148), Supreme Court Judges (Art. 124) and the Chief Election Commissioner (Art. 324) are all appointed by the President of India.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court, by a majority, held that the amending power of Parliament under Article 368
ais subject to ratification by all State Legislatures
bdoes not extend to altering the basic structure of the Constitution
cis unlimited and extends to every provision of the Constitution
dcannot be used to amend the Fundamental Rights at all
Answer: B
The 13-judge bench, by a 7:6 majority, propounded the basic structure doctrine: Parliament may amend the Constitution under Article 368 but cannot alter its basic structure or framework.
Match the following writs with their literal meaning: a. Quo Warranto I. 'By what authority' b. Mandamus II. 'We command' c. Certiorari III. 'To be certified' d. Habeas Corpus IV. 'You may have the body'. Choose the correct option (a b c d).
aI II III IV
bIV III II I
cIII IV I II
dII I IV III
Answer: A
Quo Warranto means 'by what authority', Mandamus means 'we command', Certiorari means 'to be certified', and Habeas Corpus means 'you may have the body'.
The Fundamental Duties of citizens, contained in Article 51A of the Constitution, were inserted by which Constitutional Amendment Act?
aThe Constitution (86th Amendment) Act, 2002
bThe Constitution (42nd Amendment) Act, 1976
cThe Constitution (44th Amendment) Act, 1978
dThe Constitution (24th Amendment) Act, 1971
Answer: B
Part IVA (Article 51A) containing the Fundamental Duties was added by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee.
Under Article 61 of the Constitution, a resolution to impeach the President of India for violation of the Constitution must be passed by
aa two-thirds majority of the members present and voting in a joint sitting
ba majority of not less than two-thirds of the total membership of each House
ca majority of the total membership of each House
da simple majority of the members present and voting in each House
Answer: B
Article 61 requires the impeachment resolution to be passed by a majority of not less than two-thirds of the total membership of each House of Parliament.
a. Under Article 226(2), a High Court may issue a writ to an authority situated outside its territory if the cause of action wholly or in part arises within its territorial jurisdiction. b. The territorial reach of the Supreme Court's power under Article 32 extends to the whole of India. 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: C
Article 226(2) permits a High Court to act where the cause of action arises within its territory notwithstanding that the authority is seated elsewhere; the Supreme Court's writ jurisdiction under Article 32 extends throughout India.
Article 13 of the Constitution provides that a law which is inconsistent with or in derogation of the fundamental rights conferred by Part III shall be
avoid to the extent of such inconsistency
bvoidable at the option of the affected person
cvalid until repealed by the legislature
dvalid but unenforceable against the State
Answer: A
Article 13 declares that any law inconsistent with the fundamental rights in Part III is void to the extent of the inconsistency, embodying the principle of judicial review.
Match the protections under Article 20 of the Constitution with their clauses: a. Protection against ex post facto law I. Article 20(1) b. Protection against double jeopardy II. Article 20(2) c. Protection against self-incrimination III. Article 20(3). Choose the correct option (a b c).
aI II III
bI III II
cII I III
dIII II I
Answer: A
Article 20(1) protects against ex post facto laws, Article 20(2) against double jeopardy (double punishment), and Article 20(3) against testimonial self-incrimination.
An assembly of persons sharing a common object is an "unlawful assembly" under the Bharatiya Nyaya Sanhita, 2023 only if the number of persons is at least
afour
bseven
cfive
dtwo
Answer: C
Section 189(1) BNS defines an unlawful assembly as an assembly of five or more persons having a common object falling within the listed clauses; this carries forward the old Section 141 IPC threshold.
Under the Bharatiya Nyaya Sanhita, 2023, the word "injury" denotes any harm illegally caused to any person in a. body b. mind c. reputation d. property. Choose the correct option.
aa only
bAll of the above
ca, b and c only
da and b only
Answer: B
Section 2(14) BNS defines "injury" as any harm whatever illegally caused to any person in body, mind, reputation or property, reproducing the definition formerly in Section 44 IPC.
A gives a fist blow to Z and thereby causes permanent dislocation of a tooth of Z. The offence committed by A is punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 117 (voluntarily causing grievous hurt)
bSection 118 (grievous hurt by dangerous weapons)
cSection 115 (voluntarily causing hurt)
dSection 130 (assault)
Answer: A
Permanent privation of a tooth falls within "grievous hurt" under Section 116 BNS; its voluntary causation is punishable under Section 117 BNS (the successor to Section 325 IPC).
A finds the key of Z's house-door, which Z had lost, and enters Z's house by opening the door with that found key, without Z's consent, to commit an offence. This act amounts to
ahouse-breaking
btheft
cmischief
dhouse-trespass only
Answer: D
Entering a house with a found key is house-trespass under Section 329 BNS, but it is not house-breaking under Section 330 BNS, because none of the specified modes of effecting entry (such as breaking or forcing) is used.
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 such person is punishable under
aSection 103(1)
bSection 103(2)
cSection 105
dSection 101(2)
Answer: B
Section 103(2) BNS specifically punishes murder committed by a group of five or more persons on the listed discriminatory grounds with death or imprisonment for life or imprisonment of not less than seven years and fine; this provision has no exact counterpart in the old IPC.
Which one of the following is a new substantive offence introduced for the first time in Chapter XVII (offences against property) of the Bharatiya Nyaya Sanhita, 2023, having no corresponding distinct offence in the Indian Penal Code, 1860?
aSnatching (Section 304)
bRobbery (Section 309)
cDacoity (Section 310)
dExtortion (Section 308)
Answer: A
Section 304 BNS creates "snatching" as a distinct offence (sudden, quick or forcible seizing of movable property) for the first time; extortion, robbery and dacoity merely carry forward existing IPC offences.
Under the Bharatiya Nyaya Sanhita, 2023, the principle that "nothing is an offence which is done in the exercise of the right of private defence" is contained in
aSection 38
bSection 34
cSection 35
dSection 18
Answer: B
Section 34 BNS, titled "Things done in private defence", reproduces the general rule earlier found in Section 96 IPC; Section 35 then specifies the body and property capable of being defended.
A, a cement dealer, enters into a contract with Z to deliver 100 bags of cement and takes advance money from Z. Having had no dishonest intention at the time of the contract, A later breaks the contract and fails to deliver the cement. Under the Bharatiya Nyaya Sanhita, 2023, A has
acommitted cheating under Section 318
bnot committed any offence and is only liable to a civil action for breach of contract
ccommitted criminal breach of trust under Section 316
dcommitted dishonest misappropriation under Section 314
Answer: B
Cheating under Section 318 BNS requires a fraudulent or dishonest inducement existing at the inception; a mere subsequent breach of contract without initial dishonest intention is only a civil wrong.
Under the Bharatiya Nyaya Sanhita, 2023, acts done by several persons "in furtherance of the common intention of all" attract joint liability under, and an offence committed by a member of an unlawful assembly "in prosecution of the common object" attracts liability under, respectively
aSection 61 and Section 189
bSection 190 and Section 3(5)
cSection 34 and Section 141
dSection 3(5) and Section 190
Answer: D
Common intention is governed by Section 3(5) BNS (formerly Section 34 IPC), while liability of every member of an unlawful assembly for an offence committed in prosecution of the common object is under Section 190 BNS (formerly Section 149 IPC).
A intentionally puts Z in fear of instant hurt by gesture, intending Z to believe that A is about to strike him, but uses no force. Under the Bharatiya Nyaya Sanhita, 2023, A has committed
acriminal force under Section 129
bassault under Section 130
ccriminal intimidation under Section 351
dan affray under Section 194
Answer: B
A gesture or preparation intended to cause apprehension of imminent criminal force, without actual use of force, is "assault" under Section 130 BNS (formerly Section 351 IPC).
Under Section 11(1) of the Maharashtra Rent Control Act, 1999, after the commencement of the Act a landlord is entitled to make an annual increase in the rent of premises (other than those specified) at the rate of :
a6 per cent per annum
b4 per cent per annum
c2 per cent per annum
d8 per cent per annum
Answer: B
Section 11(1) of the Maharashtra Rent Control Act, 1999 entitles a landlord to make an increase of 4 per cent per annum in the rent of premises let for the purposes referred to in Section 2(1).
Under Section 55 of the Maharashtra Rent Control Act, 1999, the responsibility of getting a tenancy/leave and licence agreement compulsorily registered lies on :
aThe tenant or the licensee
bThe landlord
cBoth the landlord and the tenant jointly
dThe Competent Authority
Answer: B
Section 55 requires every agreement of leave and licence or letting after commencement of the Act to be in writing and registered, and expressly places the responsibility of getting it registered on the landlord.
Where the tenancy or leave and licence agreement is not registered as required under Section 55 of the Maharashtra Rent Control Act, 1999, in a dispute about the terms and conditions on which the premises were given :
aNo evidence as to the terms shall be admissible at all
bThe contention of the tenant shall prevail unless proved otherwise
cThe agreement shall be deemed void ab initio
dThe contention of the landlord shall prevail unless proved otherwise
Answer: B
Under the proviso to Section 55, in the absence of a registered written agreement the contention of the tenant about the terms and conditions on which the premises were given shall prevail, unless proved otherwise.
To be appointed a Competent Authority under Section 40 of the Maharashtra Rent Control Act, 1999, a person must, among the alternatives, have practised as an advocate enrolled under the Advocates Act, 1961 for not less than :
aSeven years
bThree years
cTen years
dFive years
Answer: D
Section 40(2) permits appointment of a person who has been an advocate enrolled under the Advocates Act, 1961 for not less than five years (alternatively a person of Deputy Collector rank or a Civil Judge, Junior Division).
Under Section 7 of the Maharashtra Rent Control Act, 1999, the term "landlord" means :
aOnly a person who has let the premises under a registered agreement
bOnly the registered owner of the premises
cAny person who is for the time being receiving, or entitled to receive, rent in respect of any premises
dA person who occupies the premises along with the tenant
Answer: C
Section 7 defines "landlord" as any person who is for the time being receiving, or is entitled to receive, rent in respect of any premises, whether on his own account or on behalf of another.
Under Section 16(2) of the Maharashtra Rent Control Act, 1999, a landlord cannot recover possession on the ground of non-payment of standard rent and permitted increases until the expiration, after notice in writing demanding the arrears, of :
a30 days
b120 days
c60 days
d90 days
Answer: D
Section 16(2) bars a possession suit on the ground of arrears until the expiration of 90 days next after the landlord serves a written notice on the tenant demanding the standard rent and permitted increases.
An appeal under Section 34(1) of the Maharashtra Rent Control Act, 1999 against a decree or order must ordinarily be filed within :
aNinety days
bFifteen days
cThirty days
dSixty days
Answer: C
Under Section 34(1) of the Act, every appeal from a decree or order is to be made within thirty days, with power in the appellate authority to condone delay on sufficient cause.
Under Section 33 of the Maharashtra Rent Control Act, 1999, the court having jurisdiction to entertain and try suits and proceedings under the Act in Brihan Mumbai (Greater Bombay) is :
aThe Court of Small Causes, Mumbai
bThe City Civil Court, Mumbai
cThe Metropolitan Magistrate's Court
dThe Bombay High Court on its original side
Answer: A
Section 33 confers exclusive jurisdiction over suits and proceedings under the Act in Brihan Mumbai on the Court of Small Causes, Mumbai (and on the Court of Civil Judge, Junior Division, or the Court of Small Causes elsewhere).
Under Section 10 of the Maharashtra Rent Control Act, 1999, any agreement for the payment of rent in excess of the standard rent and permitted increases is :
aValid if reduced to a registered writing
bVoidable at the option of the landlord
cNull and void (illegal) to the extent of such excess
dValid and binding on the tenant
Answer: C
Section 10 declares that it is not lawful to claim or receive rent in excess of the standard rent and permitted increases, and any agreement for such excess is null and void to that extent.
Under Section 7 of the Maharashtra Rent Control Act, 1999, the expression "premises" does NOT include :
aA farm building
bThe garden, grounds and outhouses appurtenant to the building
cA building or part of a building let separately
dAny fittings affixed to the building for the more beneficial enjoyment thereof
Answer: A
Section 7 defines "premises" as a building or part of a building let or given on licence separately, together with appurtenant grounds, outhouses and fittings, but expressly excludes a farm building.
A Judicial Magistrate of the first class, after trial, wishes to impose the maximum fine permissible under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The maximum amount of fine he can impose is
aRupees one lakh
bRupees twenty-five thousand
cRupees fifty thousand
dRupees ten thousand
Answer: C
Under Section 23(2) BNSS, a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service.
A, aged 68 years, is sought to be arrested for an offence punishable with imprisonment of less than three years. As per Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such arrest cannot be made without the prior permission of an officer not below the rank of
aInspector General of Police
bSuperintendent of Police
cOfficer in charge of the police station
dDeputy Superintendent of Police
Answer: D
Section 35(7) BNSS bars arrest of a person above sixty years of age, or infirm, for an offence punishable with imprisonment of less than three years, except with prior permission of an officer not below the rank of Deputy Superintendent of Police.
Information relating to the commission of a cognizable offence is given to the officer in charge of a police station by electronic communication under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such information shall be taken on record only if it is signed by the person giving it within
aSeven days
bTwenty-four hours
cThree days
dFifteen days
Answer: C
Under the proviso to Section 173(1) BNSS, information given by electronic communication shall be taken on record only on being signed within three days by the person giving it.
While effecting the arrest of an accused, a police officer in Maharashtra wishes to use handcuffs. Under Section 43(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, use of handcuffs is permissible, keeping in view the nature and gravity of the offence, in the case of which of the following?
aA habitual or repeat offender who has escaped from custody, or one accused of organised crime, terrorist act, murder, rape or economic offences
bA first-time offender accused of cheating
cAny accused arrested for a non-bailable offence
dAny accused who refuses to disclose his name and address
Answer: A
Section 43(3) BNSS permits use of handcuffs, having regard to nature and gravity of the offence, for a habitual/repeat offender who escaped custody, or one accused of organised crime, terrorist act, drug crimes, illegal arms, murder, rape, acid attack, human trafficking, sexual offences against children, offences against the State or economic offences.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure, including preparation and signing of the list of things seized, is required to be recorded through audio-video electronic means. The police officer shall, without delay, forward such recording to
aThe Public Prosecutor concerned
bThe Director General of Police
cThe District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class
dThe Superintendent of Police of the District
Answer: C
Section 105 BNSS mandates audio-video recording of search and seizure (preferably by mobile phone), and the police officer shall without delay forward such recording to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
An accused is in detention in connection with an offence punishable with imprisonment up to ten years. As per Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of police custody (whether sought at one stretch or in parts) shall not exceed
aFifteen days, and the same may be sought in parts during the first forty days of detention
bFourteen days from the date of arrest
cSixty days during the period of investigation
dThirty days at one stretch
Answer: A
Under Section 187 BNSS, police custody is limited to fifteen days in whole, but may now be sought in parts during the initial forty days (offences up to ten years) or sixty days (offences punishable with more than ten years, life or death).
A person has been declared a proclaimed offender who has absconded to evade trial with no immediate prospect of arrest. Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court may proceed with trial in absentia, but such trial shall not commence until the expiry of
aThirty days from the declaration as proclaimed offender
bNinety days from the date of framing of charge
cOne year from the date of the offence
dSix months from issuance of the proclamation
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender; the trial cannot commence until ninety days have lapsed from the date of framing of charge, and after issuance of two consecutive arrest warrants thirty days apart.
An undertrial prisoner, who is a first-time offender with no previous conviction and is not charged with an offence punishable with death or life imprisonment, becomes entitled to release on bail under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on undergoing detention for a period extending up to
aThe full maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
Under the first proviso to Section 479(1) BNSS, a first-time offender (no prior conviction) shall be released on bond on undergoing detention up to one-third of the maximum period of imprisonment for the offence, as against one-half for others.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death, his legal heir or relative may file a mercy petition. Where the petition is first made to the Governor and is rejected, the petition to the President must be made within
aNinety days from the rejection by the Governor
bThirty days from the rejection by the Governor
cSixty days from the rejection or disposal by the Governor
dForty-five days from the rejection by the Governor
Answer: C
Section 472 BNSS, a new provision codifying mercy petitions, requires that where the petition is initially made to the Governor and rejected/disposed of, the petition to the President shall be made within sixty days from such rejection or disposal.
A complaint is sought to be filed before a Magistrate in respect of an offence punishable only with fine. As per Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court shall not take cognizance of such an offence after the expiry of
aOne year
bSix months
cTwo years
dThree years
Answer: B
Under Section 514(2)(a) BNSS, the period of limitation to take cognizance is six months where the offence is punishable with fine only; one year if punishable up to one year's imprisonment; and three years if punishable above one year but not exceeding three years.
Under the substituted performance provision (Section 20) introduced by the Specific Relief (Amendment) Act, 2018, before procuring performance of the contract through a third party and recovering the costs from the defaulting party, the affected party must first give the defaulting party a written notice of not less than
afifteen days
bsixty days
cninety days
dthirty days
Answer: D
The amended Section 20 permits the aggrieved party to obtain substituted performance through a third party, but only after serving a written notice of a minimum of thirty days on the party in breach calling upon it to perform.
Under Section 20A of the Specific Relief Act, as inserted by the Amendment Act, 2018, in a suit involving a contract relating to an infrastructure project specified in the Schedule, the court
amay grant an injunction on the usual principles of balance of convenience
bshall grant injunction only after hearing the Central Government
cshall not grant any injunction where it would cause impediment or delay in the progress or completion of such infrastructure project
dmay grant injunction only with the prior approval of the State Government
Answer: C
Section 20A bars the grant of an injunction in a suit involving a contract relating to a scheduled infrastructure project where the injunction would impede or delay the project's progress or completion.
P agrees to purchase a flat from D. D refuses to perform. In a suit for specific performance, P neither pleads nor proves that he has been and continues to be ready and willing to perform the essential terms of the contract on his part. As per Section 16(c) of the Specific Relief Act, the suit
amust be decreed because specific performance is now mandatory after the 2018 amendment
bcan be decreed if P offers to pay the price during execution
cis liable to be dismissed for want of pleading and proof of readiness and willingness
dmust be converted into a suit for compensation
Answer: C
Section 16(c) bars specific performance in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract; even after 2018 this personal bar survives.
A executes a written instrument which is voidable against B and which, if left outstanding, may cause B serious injury. Under Section 31 of the Specific Relief Act, B
amust first get the instrument registered before seeking cancellation
bmay sue to have the instrument adjudged void or voidable and the court may, in its discretion, order it to be cancelled and delivered up
ccan only sue for a declaration that the instrument is void, but not for cancellation
dhas no remedy as cancellation lies only in respect of registered documents
Answer: B
Section 31 permits any person against whom a written instrument is void or voidable, and who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable; the court may in its discretion order its cancellation and delivery up.
P, claiming to be the owner of a house in possession of D, files a suit merely for a declaration that he is the owner, although he is out of possession and could also have sought the relief of recovery of possession but omits to do so. As per the proviso to Section 34 of the Specific Relief Act, the court
amust refer the parties to arbitration
bshall grant declaration only on payment of additional court fees
cshall make the declaration and leave possession to be recovered later
dshall not make any such declaration where the plaintiff, being able to seek further relief, omits to do so
Answer: D
The proviso to Section 34 bars a court from making a mere declaration of right where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Which of the following injunctions can be granted by a court under Section 41 of the Specific Relief Act? a. To restrain a person from prosecuting a pending judicial proceeding, where necessary to prevent multiplicity of proceedings. b. To restrain a person from instituting or prosecuting any proceeding in a criminal matter. c. To restrain a person from applying to a legislative body. Choose the correct option.
aa only
bb and c only
ca and b only
dall of the above
Answer: A
Section 41(a) permits restraining a pending judicial proceeding only where necessary to prevent multiplicity of proceedings; clauses (c) and (d) absolutely bar injunctions restraining criminal proceedings or applications to a legislative body. Hence only (a) is permissible.
a. Under Section 41 of the Specific Relief Act, an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust. b. Under Section 39, a mandatory injunction may be granted to compel the performance of acts which the court is capable of enforcing, to prevent the breach of an obligation. Choose the correct option in respect of the above statements.
aa is correct and b is incorrect
bBoth are incorrect
ca is incorrect and b is correct
dBoth are correct
Answer: D
Section 41(h) bars an injunction where equally efficacious relief can certainly be obtained by another usual mode, the only exception being breach of trust. Section 39 empowers the court to grant a mandatory injunction to compel performance of enforceable acts necessary to prevent breach of an obligation. Both statements are correct.
Under Section 20 of the Specific Relief Act, 1963 (as substituted by the 2018 Amendment), a party to a contract who suffers a breach may obtain substituted performance through a third party only after giving the defaulting party a notice in writing of not less than
athirty days
bsixty days
cfifteen days
dninety days
Answer: A
Section 20(2) requires the affected party to first give a written notice of not less than thirty days calling upon the party in breach to perform the contract; only on its failure or refusal can substituted performance be obtained through a third party or by the party's own agency.
Section 20A of the Specific Relief Act, 1963, introduced by the 2018 Amendment, provides that no court shall grant an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule, where granting of injunction would
acause loss of revenue to the contractor
baffect the rights of a bona fide purchaser
cprejudice the interest of the State Government
dcause impediment or delay in the progress or completion of such infrastructure project
Answer: D
Section 20A bars the grant of an injunction in suits involving contracts relating to Scheduled infrastructure projects where the injunction would cause impediment or delay in the progress or completion of such project, the aim being to prevent court proceedings from stalling public infrastructure.
With respect to a suit instituted under Section 6 of the Specific Relief Act, 1963 (suit by a person dispossessed of immovable property), which of the following is correct?
aAn appeal lies but no review is allowed
bA review is allowed but no appeal lies
cNeither an appeal nor a review lies from any order or decree passed in such suit
dBoth an appeal and a review lie as in an ordinary suit
Answer: C
Section 6(3) expressly bars both appeal and review from any order or decree passed in a suit under Section 6; the aggrieved party's remedy is to file a separate suit to establish title under Section 6(4).
A, a wealthy man, agrees by a registered instrument, out of natural love and affection for his brother B, to pay B Rs. 2,00,000. No consideration moves from B. As per the Indian Contract Act, 1872, the agreement is
avalid and enforceable, being a registered agreement made out of natural love and affection between parties standing in a near relation to each other
bvoid, being an agreement without consideration
cvoidable at the option of A, as it is a gratuitous promise
denforceable only if B has, in turn, done something for A
Answer: A
Section 25(1) of the Indian Contract Act, 1872 makes an agreement without consideration valid if it is expressed in writing and registered and is made on account of natural love and affection between parties standing in a near relation to each other. The agreement is therefore enforceable.
a. A contract of guarantee under Section 126 of the Indian Contract Act, 1872 may be either oral or in writing. b. A bank, in the absence of a contract to the contrary, may retain as security for a general balance of account any goods bailed to it. Choose the correct option in respect of the above statements.
aBoth are incorrect
ba is correct and b is incorrect
cBoth are correct
da is incorrect and b is correct
Answer: C
Section 126 expressly provides that a guarantee may be either oral or written, and Section 171 confers a general lien on bankers (among others) over goods bailed to them in the absence of a contract to the contrary. Both statements are correct.
A stipulation in a contract of sale, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, is, under the Sale of Goods Act, 1930, a
awarranty
brepresentation
cguarantee
dcondition
Answer: A
Under Section 12 of the Sale of Goods Act, 1930 a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not a right to reject the goods; a condition, by contrast, goes to the root of the contract.
Goods are sold and the property in them passes to the buyer, but delivery has not yet been made when the goods are destroyed by an accidental fire without fault of either party. There is no contract to the contrary. Under the Sale of Goods Act, 1930, the loss falls on
aboth equally
bthe buyer, because the property in the goods had passed to him
cthe seller, because delivery had not been made
dneither, as the contract becomes void
Answer: B
Section 26 of the Sale of Goods Act, 1930 lays down that, unless otherwise agreed, risk passes with property; once property is transferred the goods are at the buyer's risk whether or not delivery has been made.
a. There is no implied warranty or condition as to the quality or fitness of goods for any particular purpose, save as otherwise provided by the Sale of Goods Act, 1930. b. Where goods are bought by description from a seller who deals in goods of that description, there is an implied condition that the goods shall be of merchantable quality. 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 16 of the Sale of Goods Act, 1930 codifies the rule of caveat emptor (the opening words provide there is no implied condition or warranty as to quality or fitness, subject to the Act) while sub-section (2) supplies the implied condition of merchantable quality on a sale by description. Both statements are correct.
A sells goods to B but continues in possession of them. A then sells and delivers the same goods to C, who buys in good faith and without notice of the earlier sale to B. Under the Sale of Goods Act, 1930, the transfer to C
apasses no title to C, who must look only to A for damages
bhas the same effect as if A were expressly authorised by the owner to make it, and C gets a good title
cis void, as A had no title left to convey after the first sale
dis valid only if C also pays a higher price than B
Answer: B
Section 30(1) of the Sale of Goods Act, 1930 protects a buyer in good faith without notice where the seller continues in possession after sale; the delivery has the same effect as if expressly authorised by the owner, so C obtains a good title.
The seller of goods is deemed to be an 'unpaid seller' under the Sale of Goods Act, 1930 when
athe goods have been delivered but the buyer disputes their quality
bany part, however small, of the price remains unpaid even after the whole price is tendered
cthe buyer has merely delayed in taking delivery of the goods
dthe whole of the price has not been paid or tendered, or a negotiable instrument received as conditional payment has been dishonoured
Answer: D
Section 45 of the Sale of Goods Act, 1930 defines an unpaid seller as one to whom 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.
A minor was admitted to the benefits of a partnership firm with the consent of all partners. Six months after attaining majority he had not given any public notice of his election. Under Section 30 of the Indian Partnership Act, 1932, on the expiry of that period he
abecomes a partner in the firm, the share of profits remaining the same as before
bautomatically ceases to have any connection with the firm
cremains liable only for the acts of the firm done during his minority
dcan become a partner only by executing a fresh partnership deed
Answer: A
Under Section 30 of the Indian Partnership Act, 1932, if such a person fails to give public notice within six months of attaining majority or of obtaining knowledge of his admission (whichever is later), he becomes a partner in the firm.
An unregistered partnership firm seeks to enforce a contractual claim against a third party who purchased goods from it. As per Section 69 of the Indian Partnership Act, 1932,
athe firm can sue the third party, since non-registration affects only suits between partners
bthe firm cannot institute the suit to enforce a right arising from a contract, but the third party may sue the firm
cboth the firm and the third party are wholly barred from suing each other
dthe suit is maintainable provided the firm registers itself before the decree
Answer: B
Section 69 of the Indian Partnership Act, 1932 bars an unregistered firm from suing a third party to enforce a right arising from a contract; however, it does not affect the right of a third party to sue the firm.
On the death of a partner, the surviving partners carry on the business of the firm with its property without any final settlement of accounts with the estate of the deceased, there being no contract to the contrary. As per Section 37 of the Indian Partnership Act, 1932, the estate of the deceased partner is entitled, at its option, to
anothing further once the partner is dead
ba return of the capital only, with no further claim
ca fixed one-half share of all future profits of the firm in perpetuity
dsuch share of the profits made since the death as is attributable to the use of his share of the property, or interest at six per cent per annum on the amount of his share in the property
Answer: D
Section 37 of the Indian Partnership Act, 1932 gives the outgoing partner (or his estate) the option to claim either the share of subsequent 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 in the property.
A contracts in writing signed by him to sell his house to B and puts B in possession in part performance of the contract. B has performed and is willing to perform his part. A later sues to evict B claiming no registered sale deed was executed. Under Section 53A of the Transfer of Property Act,
athe doctrine applies only where the contract is registered and attested
bB becomes the full owner of the house by operation of the doctrine
cA succeeds, as part performance gives B no right against A
dA is debarred from enforcing against B any right in respect of the property other than a right expressly provided by the contract
Answer: D
Section 53A TPA bars the transferor from enforcing rights against a transferee in possession who is willing to perform; it operates as a shield, not as a means of conferring title.
In the absence of a contract, local usage or written agreement, a lease of immovable property for agricultural or manufacturing purposes shall, under the Transfer of Property Act, be deemed to be a lease
afor a fixed term of one year, not terminable by notice
bfrom month to month, terminable by fifteen days' notice
cfrom year to year, terminable by fifteen days' notice
dfrom year to year, terminable by six months' notice
Answer: D
Section 106 TPA deems a lease for agricultural or manufacturing purposes (absent contract or usage) to be from year to year, terminable by six months' notice; leases for any other purpose are month to month, terminable by fifteen days' notice.
A grants B a lease of a shop for a term of five years reserving a yearly rent. As per Section 107 of the Transfer of Property Act, such a lease
arequires attestation by two witnesses but no registration
bmay be made orally accompanied by delivery of possession
cis valid if made in writing but need not be registered
dcan be made only by a registered instrument
Answer: D
Section 107 TPA mandates that a lease from year to year, for a term exceeding one year, or reserving a yearly rent can be made only by a registered instrument; only other leases may be oral with delivery of possession.
In a mortgage, the mortgagor delivers possession of the property to the mortgagee and authorises him to retain possession until payment, and to receive the rents and profits and appropriate them in lieu of interest. This is
aa simple mortgage
ba usufructuary mortgage
ca mortgage by conditional sale
dan English mortgage
Answer: B
Under Section 58(d) TPA, a usufructuary mortgage is where the mortgagor delivers possession and authorises the mortgagee to retain it and to appropriate the rents and profits in lieu of interest or towards the mortgage-money.
A mortgages his property to B, binding himself to repay the mortgage-money on a certain date and transferring the property absolutely to B subject to a proviso that B will re-transfer it to A on payment. This is, under Section 58 of the Transfer of Property Act,
aa usufructuary mortgage
ban English mortgage
ca mortgage by deposit of title-deeds
dan anomalous mortgage
Answer: B
Section 58(e) TPA defines an English mortgage as one where the mortgagor binds himself to repay on a certain date and transfers the property absolutely subject to a proviso for re-transfer on payment.
A makes a gift of his house to B. As per Section 123 of the Transfer of Property Act, the gift of such immovable property
ais valid if made orally before two witnesses
bmay be effected by delivery of possession alone
cmust be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses
drequires only a written but unregistered instrument signed by the donor
Answer: C
Section 123 TPA requires a gift of immovable property to be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; gift of movables may be by registered instrument or by delivery.
Under the rule against perpetuity in Section 14 of the Transfer of Property Act, the vesting of an interest created by transfer may at most be postponed up to
athe lifetime of one or more persons living at the date of the transfer plus the minority of an unborn person who is in existence at the expiration of that period
ba period of twenty-one years from the date of transfer in all cases
ca fixed period of eighteen years from the date of transfer
dthe lifetime of the transferor only
Answer: A
Section 14 TPA permits postponement of vesting only up to the life or lives in being at the date of transfer plus the period of minority of an unborn person existing at the expiration of those lives.
A's lease is determined by forfeiture for breach of a condition. A, with the consent of the lessor, continues in possession of the property and the lessor accepts rent thereafter. The legal status of A under the Transfer of Property Act is that of
aa tenant holding over, a fresh tenancy being created by holding over
ba trespasser liable to be summarily evicted
ca licensee whose licence stands revoked
da tenant at sufferance
Answer: A
Under Section 116 TPA, where a lessee remains in possession after determination of the lease and the lessor assents (e.g., by accepting rent), the lessee is a tenant holding over and a fresh tenancy is created, in contrast to a tenant at sufferance who continues without consent.
A right to future maintenance, in whatsoever manner arising, secured or determined, under the Transfer of Property Act
acan be freely transferred for consideration
bcannot be transferred
ccan be transferred only by a registered instrument attested by two witnesses
dcan be transferred only with the leave of the court
Answer: B
Section 6(dd) TPA expressly bars the transfer of a right to future maintenance, in whatever manner it arises, is secured or determined, being a personal right.
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