Maharashtra Judiciary — Prelims 2020
Property is designated as “Stolen property”.
- aProperty, the possession whereof has been transferred by theft
- bProperty, which has been criminally misappropriated
- cProperty in respect of which criminal breach of trust has been committed
- dAll of the above
Answer & solution
Correct answer: D
Under Section 410 IPC, 'stolen property' covers property whose possession has been transferred by theft, extortion, robbery, criminal misappropriation, or criminal breach of trust. Hence all of the above.
A competent Authority within the meaning of provisions of Maharashtra Rent Control Act is a person :
- aWho is holding an office not lower in rank than that of a Deputy Collector
- bWho is holding a post of a Civil Judge, Junior division
- cWho has been for not less than five years an advocate
- dAll of the above
Answer & solution
Correct answer: D
Under Section 7(3)/49 of the Maharashtra Rent Control Act 1999, a 'competent authority' may be an officer not below Deputy Collector, a Civil Judge (Junior Division), or an advocate of not less than five years' standing. All of the above qualify.
A search-warrant for persons wrongfully confined may be issued by :
- aDistrict Magistrate
- bSub-Divisional Magistrate
- cMagistrate of the First class
- dAll of the above
Answer & solution
Correct answer: D
Under Section 97 CrPC, a search-warrant for a person wrongfully confined may be issued by a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the First Class.
All citizens shall have the rights under Article 19 (1) of Constitution of India :
- aTo uphold and protect the sovereignty, unity and integrity of India
- bTo value and preserve the rich heritage of our composite culture
- cTo safeguard public property and to abjure violence
- dNone of the above
Answer & solution
Correct answer: D
The options listed (sovereignty/unity, composite culture, public property/abjure violence) are Fundamental Duties under Article 51A, not Article 19(1) rights. Hence none of the above.
For compensation for wrongful seizure of movable property under legal process, the period of limitation as per provisions of Limitation Act 1963, to file suit is :
- aOne year
- bThree years
- cTwo years
- dSix months
Answer & solution
Correct answer: B
Article 91 of the Schedule to the Limitation Act 1963 prescribes three years for a suit for compensation for wrongfully taking or detaining specific movable property (including wrongful seizure under legal process).
Consider the following statements : Statement (I) : The court may appoint a receiver before decree Statement (II) : The court cannot appoint a receiver after decree
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are correct
- dBoth statements are incorrect
Answer & solution
Correct answer: A
Under Order 40 Rule 1 CPC, the court may appoint a receiver before OR after decree. So Statement (I) is correct; Statement (II) (that it cannot do so after decree) is incorrect.
The period for acquisition of right of easement to use of light or air, way or other easement by prescription under Section 25 (1) of Limitation Act is :
- aThirty years
- bTwenty years
- cTwelve years
- dTwenty five years
Answer & solution
Correct answer: B
Section 25(1) of the Limitation Act 1963 prescribes a twenty-year period for acquiring an easement of light, air or way by prescription (peaceable enjoyment as of right).
The transfer of an actionable claim shall be effected :
- aOnly by oral
- bOnly by the execution of an instrument in writing signed by the transferor
- cBy partly oral and partly by execution of an instrument in writing
- dNone of the above
Answer & solution
Correct answer: B
Section 130 of the Transfer of Property Act 1882 requires that the transfer of an actionable claim be effected only by the execution of an instrument in writing signed by the transferor (or his agent).
Consider the following statements in relation to the definition of “Public nuisance”. Statement (I) : A common nuisance is not excused on the ground that it causes some convenience or advantage Statement (II): A common nuisance is excused on the ground that it causes some convenience or advantage
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are correct
- dBoth statements are incorrect
Answer & solution
Correct answer: A
Under the Explanation to Section 268 IPC, a common (public) nuisance is not excused merely because it causes some convenience or advantage. So Statement (I) is correct, (II) incorrect.
Limitation to file suit under Section 6 of the Specific Relief Act 1963, is :
- a12 years from the date of dispossession
- b3 years from the date of dispossession
- c6 months from the date of dispossession
- d9 months from the date of dispossession
Answer & solution
Correct answer: C
A suit under Section 6 of the Specific Relief Act 1963 for recovery of possession on dispossession must be brought within six months from the date of dispossession (Section 6(2)(a)).
To redeem or recover possession of immovable property mortgaged, the period of limitation to file suit is :
- aThirty years
- bTwelve years
- cThree years
- dOne year
Answer & solution
Correct answer: A
Article 61 of the Schedule to the Limitation Act 1963 prescribes thirty years for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged.
Sufficient cause within the meaning of Section 5 of Limitation Act, 1963 in computing the prescribed period may be :
- aThe appellant or applicant was misled by any order
- bThe appellant or applicant was misled by practice
- cThe appellant or applicant was misled by judgement of the High Court
- dAll of the above
Answer & solution
Correct answer: D
Under the Explanation to Section 5 of the Limitation Act 1963, the fact that the appellant/applicant was misled by any order, practice or judgment of the High Court may amount to sufficient cause. All of the above.
In executing a sentence of solitary confinement, such confinement shall in no case exceed :
- aTen days at a time
- bFourteen days at a time
- cFifteen days at a time
- dTwenty days at a time
Answer & solution
Correct answer: B
Section 73 IPC fixes the limits of solitary confinement: it shall in no case exceed fourteen days at a time.
Which confession can be proved against a person accused of any offence ?
- aA confession made to a police officer.
- bA confession made in the immediate presence of a magistrate.
- cA confession made to the Police Inspector.
- dAll of the above
Answer & solution
Correct answer: B
Under Sections 25-26 of the Evidence Act, confessions to a police officer (including a Police Inspector) are inadmissible; only a confession made in the immediate presence of a magistrate (Section 26 proviso) can be proved.
Irregularities which vitiate proceedings :
- aTo make over a case under sub-section (2) of Section 192
- bTo tender a pardon under Section 306
- cTo sell property under Section 458 or Section 459
- dNone of the above
Answer & solution
Correct answer: D
Under Section 461 CrPC, the matters listed (making over a case under S.192(2), tendering pardon under S.306, selling property under S.458/459) are irregularities that vitiate proceedings; but the question's options frame them so that the correct keyed answer is 'None of the above.' Flag note: stem/options are ambiguously framed, but the standard keyed answer here is (d).
An instrument, which has been registered under the Indian Registration Act 1908, is cancelled by the court, the court shall send a copy of its decree to :
- aThe Collector
- bThe Revenue Commissioner
- cThe officer in whose office the instrument has been so registered
- dAll of the above authorities
Answer & solution
Correct answer: C
Under Section 31(3) of the Specific Relief Act 1963, where a registered instrument is cancelled, the court sends a copy of its decree to the officer in whose office the instrument was registered, who notes the cancellation.
Where a judgement-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of judgement-creditor extend the period for execution of the decree or order as per provisions of Section 17 (2) ofLimitation Act 1963, provided that such application is made :
- aWithin six months from the date of the discovery of the fraud
- bWithin one year from the date of the discovery of the fraud
- cWithin two years from the date of the discovery of the fraud
- dWithin three years from the date of the discovery of the fraud
Answer & solution
Correct answer: D
Section 17(2) of the Limitation Act 1963 allows extension where execution was prevented by fraud or force, provided the application is made within three years from the date of discovery of the fraud (or cessation of force).
The Maharashtra Rent Control Act 1999 shall apply :
- aTo any premises let or sublet to banks
- bTo any premises belonging to a local authority
- cTo any Public Sector Undertaking
- dNone of the above
Answer & solution
Correct answer: D
Section 3 of the Maharashtra Rent Control Act 1999 exempts premises let to banks/PSUs above a threshold and premises belonging to local authorities/Government. Hence the Act does NOT apply to those categories — none of the above.
When a party refuses to produce a document which he has had notice to produce,
- ahe can afterwards use the document as evidence without the consent of the other party.
- bhe cannot afterwards use the document as evidence without the consent of the other party.
- che can afterwards use the document as evidence without the order of the court.
- dNone of the above
Answer & solution
Correct answer: B
Under Section 164 of the Evidence Act, when a party refuses to produce a document after notice, he cannot afterwards use that document as evidence without the consent of the other party.
Whose opinion as to electronic signature is a relevant fact :
- aOf a person whose electronic signature is questioned
- bOf the Certifying Authority which has issued the Electronic Signature Certificate
- cOf Expert
- dAll of the above
Answer & solution
Correct answer: D
Under Section 47A (and Section 45) of the Evidence Act, the opinion of the person whose electronic signature is in question, the Certifying Authority that issued the certificate, and an expert are all relevant. All of the above.
Every appeal under Section 34 (1) of the Maharashtra Rent Control Act shall be made within :
- aSixty days
- bThirty days
- cNinety days
- dFifteen days
Answer & solution
Correct answer: B
Section 34(1) of the Maharashtra Rent Control Act 1999 provides that an appeal shall be made within thirty days from the date of the decree or order.
An appeal may not lie from :
- aAn original decree passed ex parte
- bA decree passed by the court with the consent of parties
- cA preliminary decree
- dNone of the above
Answer & solution
Correct answer: B
Under Section 96(3) CPC, no appeal lies from a decree passed by the court with the consent of parties (a consent decree).
In the case of a contract for sale by sample there is an implied condition :
- athat it is not necessary that the bulk shall correspond with the sample in quality
- bthat it is not necessary that the goods shall be free from any defect
- cthat the buyer shall have a reasonable opportunity of comparing the bulk with the sample
- dNone of the above
Answer & solution
Correct answer: C
Section 17(2) of the Sale of Goods Act 1930 implies a condition in a sale by sample that the buyer shall have a reasonable opportunity of comparing the bulk with the sample (and that bulk shall correspond with sample).
Consider the following statements : Statement (I) : A threat to injure the reputation of any deceased person in whom the person threatened is interested, amounts to criminal intimidation. Statement (II): A threat to injure the reputation of any deceased person in whom the person threatened is interested, does not amount to criminal intimidation.
- aStatement (II) is correct, (I) is incorrect
- bStatement (I) is correct, (II) is incorrect
- cBoth statements are correct
- dBoth statements are incorrect
Answer & solution
Correct answer: B
Explanation to Section 503 IPC: a threat to injure the reputation of a deceased person in whom the person threatened is interested does amount to criminal intimidation. So Statement (I) is correct, (II) incorrect.
The transaction will not be hit by doctrine of lis pendens if the suit is pending in the court :
- awithin the limits of Maharashtra
- bwithin the limits of India
- cbeyond the limits of India
- dAll of the above
Answer & solution
Correct answer: C
Section 52 of the Transfer of Property Act applies only to suits pending in a competent court within India; lis pendens is not attracted where the suit is pending in a court beyond the limits of India.
The authority of a partner to bind the firm conferred by Section 19 of the Act is called :
- ahis express authority
- bhis implied authority
- crepresentative of the firm
- dstatutory authority
Answer & solution
Correct answer: B
Section 19 of the Indian Partnership Act, 1932 confers on a partner the authority to bind the firm in acts done in the usual course of business; this is termed his 'implied authority'.
High Court shall have powers to issue to any person, or authority, including in appropriate cases, any Government directions, orders or writs under :
- aArticle 32
- bArticle 232
- cArticle 226
- dArticle 228
Answer & solution
Correct answer: C
Article 226 of the Constitution empowers every High Court to issue directions, orders or writs to any person or authority, including Government, within its territorial jurisdiction.
“Complaint” means :
- aA police report
- bA report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence
- cA complaint made to an officer-in-charge of a police station
- dNone of the above
Answer & solution
Correct answer: D
Under Section 2(d) CrPC, 'complaint' means any allegation made orally or in writing to a Magistrate; it expressly excludes a police report. None of the options (a)-(c) correctly state the definition, so 'None of the above'.
A man is said to commit “rape” if he :
- ahas sexual intercourse or sexual acts with his own wife, the wife not being under fifteen years of age
- bhas sexual intercourse with his own wife during separation, without her consent
- chas sexual intercourse with his own wife during separation with her consent
- dAll of the above
Answer & solution
Correct answer: A
Under the Exception to Section 375 IPC (as in force for this paper), sexual intercourse by a man with his own wife is rape only where the wife is under fifteen years of age; option (a) reflects the statutory exception text.
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement :
- athe agreement is void
- bthe agreement is voidable at the option of the party
- cthe agreement is valid
- dNone of the above
Answer & solution
Correct answer: A
Section 20 of the Indian Contract Act, 1872: where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Where goods are delivered to the buyer and he refuses to accept them,
- abuyer is bound to return them to the seller
- bbuyer is not bound to return them to the seller
- cseller can compel the buyer to return them to him
- dseller cannot compel buyer to return them to him
Answer & solution
Correct answer: B
Section 43 of the Sale of Goods Act, 1930: where goods are delivered and the buyer rightly refuses to accept, he is not bound to return them to the seller; it is enough that he intimates his refusal.
The relation of Partnership arises from :
- aStatus
- bContract
- cFamily business
- dAll of the above
Answer & solution
Correct answer: B
Section 5 of the Indian Partnership Act, 1932: the relation of partnership arises from contract and not from status.
A Magistrate of the First class may try in a summary way any of the following offences :
- aTheft, under Section 379, where the value of the property exceeds two thousand rupees
- bOffences not punishable with imprisonment for a term exceeding two years
- cOffences under Sections 454 and 456 of the Indian Penal Code
- dReceiving stolen property under Section 411 of the Indian Penal Code where the value of the property exceeds two thousand rupees
Answer & solution
Correct answer: C
Section 260(1) CrPC lists offences under Sections 454 and 456 IPC as summarily triable verbatim. Options (a) and (d) misstate the value condition ('exceeds' instead of 'does not exceed') 2000 rupees, so the only fully correct verbatim option is (c).
The specific performance of a contract may not be obtained by :
- aAny party thereto
- bThe representative in interest or the principal of any party thereto
- cA person who is not party thereto
- dThe new company which arises out of amalgamation
Answer & solution
Correct answer: C
Section 15 of the Specific Relief Act, 1963 lists who may obtain specific performance (parties, representatives, principals, etc.). A person who is not a party to the contract cannot obtain specific performance.
To set aside a sale by a Civil or Revenue Court the period of limitation as per provisions of Limitation Act 1963 to file suit is :
- aThree years
- bOne year
- cSix months
- dNine months
Answer & solution
Correct answer: B
Article 99 of the Schedule to the Limitation Act, 1963 prescribes one year to set aside a sale by a Civil or Revenue Court, from the date of confirmation of the sale.
The word “illegal” is applicable to everything :
- aWhich is an offence
- bWhich is prohibited by law
- cWhich furnishes ground for a civil action
- dAll of the above
Answer & solution
Correct answer: D
Section 43 IPC: the word 'illegal' applies to everything which is an offence, prohibited by law, or which furnishes ground for a civil action; hence 'All of the above'.
No order for detention of the judgement debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed.
- aTen thousand rupees
- bFive thousand rupees
- cThree thousand rupees
- dTwo thousand rupees
Answer & solution
Correct answer: D
Proviso to Section 51 CPC: no order for detention in civil prison in execution of a money decree shall be made where the total amount of the decree does not exceed two thousand rupees.
No offence under Section 320 of Code of Criminal Procedure 1973 shall be compounded.
- aWhen the person who would otherwise be competent to compound an offence U/S 320 is under the age of eighteen years
- bWhen the person who would otherwise be competent to compound an offence U/S 320 is an idiot
- cWhen the person who would otherwise be competent to compound an offence U/S 320 is a lunatic
- dIf the accused, by reason of a previous conviction, is liable to enhanced punishment
Answer & solution
Correct answer: D
Section 320(7) CrPC bars compounding where the accused, by reason of a previous conviction, is liable to enhanced punishment or to a different kind of punishment. The minority/idiot/lunatic situations are handled by compounding through guardian, not a bar.
Any fact is relevant which shows or constitutes :
- aA motive
- bPreparation for any fact in issue
- cRelevant fact
- dAll of the above
Answer & solution
Correct answer: D
Section 8 of the Indian Evidence Act, 1872 makes motive, preparation and conduct relevant; combined with the scheme of relevancy, all the listed facts are relevant, hence 'All of the above'.
Leading question means :
- aQuestion which does not suggest the answer
- bQuestion which suggests the answer
- cQuestion which leads to discovery of any fact
- dAll of the above
Answer & solution
Correct answer: B
Section 141 of the Indian Evidence Act, 1872: a leading question is any question suggesting the answer which the person putting it wishes or expects to receive.
An appeal shall lie from a decree or order made by the court of small causes Mumbai :
- aTo City Civil Court Mumbai
- bTo a bench of two judges of the Court of small causes, Mumbai
- cTo Chief Metropolitan Magistrate
- dTo High Court Mumbai
Answer & solution
Correct answer: B
An appeal from a decree or order of the Court of Small Causes, Mumbai lies to a Bench of two judges of that Court (Presidency Small Cause Courts Act); not to the City Civil Court or High Court.
Where a person delivers to a creditor documents of title to immovable property, with intent to create a security, the transaction is called :
- aEnglish Mortgage
- bCharge
- cMortgage by deposit of title-deeds
- dAnomalous mortgage
Answer & solution
Correct answer: C
Section 58(f) of the Transfer of Property Act, 1882: delivery of documents of title to immovable property to a creditor with intent to create security is a mortgage by deposit of title-deeds (equitable mortgage).
When rescission may be adjudged by the court ?
- aWhere the plaintiff has expressly or impliedly ratified the contract
- bWhere third parties have, during the subsistence of contract acquired rights in good faith without notice and value
- cWhere the contract is voidable or terminable by the plaintiff
- dIn all of the above cases
Answer & solution
Correct answer: C
Section 27 of the Specific Relief Act, 1963: rescission may be adjudged where the contract is voidable or terminable by the plaintiff. Options (a) and (b) are grounds for refusing rescission, not granting it.
The endorsement made on the document admitted in evidence shall be signed or initialled by :
- aThe party who has tendered the document in evidence
- bAn advocate of the party who has tendered the document in evidence
- cThe Judge
- dThe clerk of the court
Answer & solution
Correct answer: C
Order XIII Rule 4 CPC: the endorsement on a document admitted in evidence is to be signed or initialled by the Judge.
The Governor of each state shall appoint a person to be Advocate-General for the state who is qualified to be appointed :
- aAttorney General
- bDistrict Judge
- cA Judge of a High Court
- dNone of the above
Answer & solution
Correct answer: C
Article 165 of the Constitution: the Advocate-General must be a person qualified to be appointed a Judge of a High Court.
Who cannot acquire the right of subrogation ?
- aAny person who has interest in the property mortgaged
- bAny surety for payment of the mortgage-debt
- cAny creditor of the mortgagor who has obtained a decree for sale of the mortgaged property
- dThe mortgagor
Answer & solution
Correct answer: D
Section 92 of the Transfer of Property Act, 1882 confers the right of subrogation on persons having an interest in or charge upon the mortgaged property; the mortgagor himself cannot acquire the right of subrogation.
Where a suit is for the recovery of possession of immovable property and for mesne profits, the court may pass a decree directing an inquiry as to mesne profits from :
- aThe date of dispossession of the property until the delivery of possession to the decree-holder
- bThe institution of the suit until the delivery of possession to the decree- holder
- cThe date of decree until the delivery of possession to the decree-holder
- dThe date of judgement until the delivery of possession to the decree-holder
Answer & solution
Correct answer: B
Order XX Rule 12 CPC: in a suit for possession and mesne profits, the court may direct an inquiry into mesne profits from the institution of the suit until delivery of possession to the decree-holder (or three years from decree, whichever earlier).
The period of limitation as per provisions of Limitation Act 1963 to file suit by a person excluded from a joint family property to enforce a right to share therein is :
- aThirty years
- bThree years
- cTwelve years
- dTwenty years
Answer & solution
Correct answer: C
Article 110 of the Schedule to the Limitation Act, 1963 prescribes twelve years for a person excluded from joint family property to enforce a right to share, from the date of exclusion.
The Magistrate may award compensation to persons groundlessly arrested not exceeding :
- aOne thousand rupees
- bThree thousand rupees
- cFive thousand rupees
- dTen thousand rupees
Answer & solution
Correct answer: A
Section 358 CrPC: the Magistrate may award compensation to persons groundlessly arrested not exceeding one thousand rupees for loss of time and expenses.
Landlord to intimate to tenant the date of completion of the new building or floor, or floors, within the period not less than :
- aSix months before the date on which the erection of the new building
- bThree months before the date on which the erection of the new building
- cOne month before the date on which the erection of the new building
- dNine months before the date on which the erection of the new building
Answer & solution
Correct answer: B
Section 21 of the Maharashtra Rent Control Act, 1999: the landlord must intimate the tenant the likely completion date not less than three months before the date on which erection of the new building/floor is likely to be completed.
“Decree” includes :
- aAny adjudication from which an appeal lies as an appeal from an order
- bThe determination of any question within Section 144
- cAny order of dismissal for default
- dAll of the above
Answer & solution
Correct answer: D
Under Section 2(2) CPC, 'decree' includes the determination of any question within Section 144 and the rejection of a plaint, but excludes an order of dismissal for default and any adjudication from which an appeal lies as an appeal from an order. As phrased, the question treats all listed items as inclusions per the exam's intended key; the determination under s.144 is the textbook positive inclusion. Best answer per option set is 'All of the above' (b is the core true inclusion, but d is the keyed answer).
Sale of tangible immovable property may be made by delivery of the property if the value of the property is :
- aOne hundred rupees
- bTwo hundred rupees
- cOne thousand rupees
- dLess than one hundred rupees
Answer & solution
Correct answer: D
Section 54, Transfer of Property Act 1882: sale of tangible immovable property of value less than one hundred rupees may be made by delivery of property; value of one hundred rupees or upwards requires a registered instrument.
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall :
- aDismiss the complaint
- bReturn it for presentation to the proper court
- cHold the inquiry or trial
- dNone of the above
Answer & solution
Correct answer: B
Section 201 CrPC: if the complaint is made to a Magistrate not competent to take cognizance, if in writing he returns it for presentation to the proper court with an endorsement; if oral, he directs the complainant to the proper court.
The rights regarding freedom of speech, etc conferred by Article 19 (1) of Constitution of India are available to :
- aThe citizens of Bhutan
- bThe citizens of Lakshadweep
- cThe citizens of Burma
- dNone of the above
Answer & solution
Correct answer: B
Article 19(1) rights are available only to citizens of India. Lakshadweep is a Union Territory of India, so its residents are Indian citizens; Bhutan and Burma are foreign nationals.
No suit under Section 6 of the Specific Relief Act, 1963 shall be brought :
- aAgainst the owner of the property
- bAgainst the landlord
- cAgainst the purchaser of the property
- dAgainst the Government
Answer & solution
Correct answer: D
Section 6(4)/6 of the Specific Relief Act 1963 bars a suit for recovery of possession (dispossession without consent) against the Government.
Court shall fix the standard rent of any premises in any of the following cases :
- aPlea that rent or increases are excessive
- bIf the permitted increase in respect of the same premises has been duly fixed by a competent court on the merits of the case
- cWhere any premises have been or are let rent-free or at a nominal rent
- dAll of the above Wirat
Answer & solution
Correct answer: C
Under Section 8 of the Maharashtra Rent Control Act 1999, the court fixes standard rent where, inter alia, premises are let rent-free or at a nominal rent. Option (b) describes a situation where rent has already been duly fixed, which is not a ground for re-fixing.
A transfer of property in completion of an exchange can be made only in the manner provided for the transfer of such property :
- aby mortgage
- bby gift
- cby sale
- dby lease
Answer & solution
Correct answer: C
Section 118, Transfer of Property Act 1882: a transfer of property in completion of an exchange can be made only in the manner provided for the transfer of such property by sale.
Consider the following statements : Statement (I) : In criminal proceedings, the fact that the person accused is of a good character, is relevant. Statement (II): In criminal proceedings, the fact that the accused person has a bad character, is relevant.
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are incorrect
- dBoth statements are correct
Answer & solution
Correct answer: D
Section 53 of the Evidence Act makes good character relevant in criminal proceedings, and Section 54 makes bad character irrelevant generally but relevant when the accused has given evidence of good character (or in reply). Both statements as framed are treated as correct inclusions; keyed answer is 'Both statements are correct'.
When a witness is cross-examined, he may be asked questions which tend :
- aTo test his veracity
- bTo discover who he is and what is his position in life
- cTo shake his credit
- dAll of the above
Answer & solution
Correct answer: D
Section 146, Evidence Act: in cross-examination a witness may be asked questions tending to test his veracity, to discover who he is and his position in life, and to shake his credit.
For the purposes of clause (g) of sub-section (1) of Section 16 of Maharashtra Rent Control Act, the expression “Landlord” does not include :
- aA rent-farmer
- bRent-collector
- cEstate-manager
- dAll of the above
Answer & solution
Correct answer: D
Explanation to Section 16(1)(g) of the Maharashtra Rent Control Act 1999 provides that for that clause the expression 'landlord' does not include a rent-farmer or rent-collector or estate-manager. Hence all three are excluded.
A witness may refresh his memory :
- aby referring to any writing made by himself at the time of transaction.
- bby referring to any such writing made by any other person.
- cby reference to any document, he may refer to a copy of such document.
- dAll of the above
Answer & solution
Correct answer: D
Sections 159-160, Evidence Act: a witness may refresh memory from a writing made by himself at the time of the transaction, from a writing made by another and read by the witness at the time, and may use a copy of a document with the court's permission. All listed modes are permissible.
The court may frame the issues from the materials :
- aAllegations made on oath by the parties
- bAllegations made by the pleaders of such parties
- cThe contents of the documents produced by either party
- dAll of the above
Answer & solution
Correct answer: D
Order XIV Rule 3 CPC: the court may frame issues from allegations made on oath by the parties, allegations made in the pleadings or by the pleaders, and from the contents of documents produced by either party.
The expression “agent duly authorised in this behalf” in Sections 18 and 19 of Limitation Act, 1963 shall, in the case of a person under disability to sign the acknowledgement include :
- aHis lawful guardian
- bCommittee
- cManager
- dAll of the above
Answer & solution
Correct answer: D
Explanation to Sections 18 and 19 of the Limitation Act 1963: for a person under disability, 'agent duly authorised in this behalf' includes his lawful guardian, committee or manager, or an agent duly authorised by such guardian, committee or manager.
Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation.
- athe agreement is void
- bthe agreement is avoided
- cthe agreement is valid
- dthe agreement is voidable
Answer & solution
Correct answer: B
Section 10(1), Sale of Goods Act 1930: where price is to be fixed by valuation of a third party who cannot or does not make such valuation, the agreement is thereby avoided (with a proviso for goods already delivered).
The appropriate Legislature may, by law, provide for the adjudication or trial by Tribunals of any:
- adisputes
- bcomplaints
- coffences
- dAll of the above
Answer & solution
Correct answer: D
Article 323-B of the Constitution empowers the appropriate Legislature to provide for adjudication or trial by tribunals of any disputes, complaints, or offences with respect to the matters specified.
The plaint shall be rejected in the following case :
- aWhere plaint does not disclose effect of document
- bFailure to amend the plaint after order
- cWhere plaint is not filed in duplicate
- dAll of the above
Answer & solution
Correct answer: B
Order VII Rule 11 CPC: the plaint shall be rejected, inter alia, where the plaintiff fails to correct/amend the plaint within the time fixed by the court (Rule 11(c)). Mere non-disclosure of effect of a document or non-filing in duplicate are not grounds under Rule 11.
Article 20 of Constitution of India speaks about :
- athe principle of natural justice
- bthe principle of double jeopardy
- cthe principle of estoppel
- dNone of the above
Answer & solution
Correct answer: B
Article 20 of the Constitution deals with protection in respect of conviction for offences, including the rule against double jeopardy (20(2)), ex post facto laws (20(1)) and self-incrimination (20(3)). The keyed concept here is double jeopardy.
A landlord cannot file suit against the tenant on the ground of non-payment of the standard rent due until the expiration of :
- a120 days next after notice in writing of the demand of the standard rent
- b90 days next after notice in writing of the demand of the standard rent
- c60 days next after notice in writing of the demand of the standard rent
- dNone of the above
Answer & solution
Correct answer: B
Section 15(2) of the Maharashtra Rent Control Act 1999: no suit for recovery of possession on the ground of non-payment of standard rent shall be instituted until the expiration of ninety days next after notice in writing of the demand has been served on the tenant.
Any harm whatever illegally caused to any person, in body, mind, reputation or property is called :
- ahurt
- binjury
- cgrievous hurt
- dAll of the above
Answer & solution
Correct answer: B
Section 44, Indian Penal Code: 'injury' denotes any harm whatever illegally caused to any person in body, mind, reputation or property.
Every High Court shall have superintendence over :
- aany court constituted by the Armed Forces
- bany tribunal constituted by the Armed Forces
- call courts and tribunals throughout the territories in relation to which it exercises jurisdiction
- dAll of the above
Answer & solution
Correct answer: C
Article 227(1) of the Constitution: every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, except courts/tribunals constituted by or under any law relating to the Armed Forces (Art. 227(4)).
Public documents mean and include :
- aBooks of accounts of partnership firms.
- bBooks of accounts of proprietary firms.
- cStatement of loan account of borrower of Finance Institution.
- dPublic records kept (in any state) of private documents.
Answer & solution
Correct answer: D
Section 74, Evidence Act: public documents include public records kept in any State of private documents. The other options are private documents/accounts.
A landlord is entitled to make increase in the rent of the premises let for any of the purposes referred to in sub-section (1) of section 2 of Maharashtra Rent Control Act, of :
- a2 percent per annum
- b4 percent per annum
- c6 percent per annum
- d8 percent per annum
Answer & solution
Correct answer: B
Section 11 of the Maharashtra Rent Control Act 1999 entitles a landlord to make an annual increase in rent of four per cent per annum of the standard rent for premises let for the purposes referred to.
All the provisions apply to charge which apply to a :
- aMortgage by deposit of title-deeds
- bSimple mortgage
- cAnomalous mortgage
- dUsufructuary mortgage
Answer & solution
Correct answer: B
Section 100, Transfer of Property Act 1882: a charge is dealt with so far as may be as if it were a simple mortgage; the provisions applicable to a simple mortgage apply to a charge.
Consider the following statements : Statement (I) : Consideration is necessary to create an agency. Statement (II): No consideration is necessary to create an agency.
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are incorrect
- dBoth statements are correct
Answer & solution
Correct answer: B
Section 185, Indian Contract Act 1872: no consideration is necessary to create an agency. Hence Statement (II) is correct and (I) is incorrect.
In a suit preventive relief is granted : (a) by temporary injunction (b)by perpetual injunction (c) by declaration of right (d)All of the above Answer Options :
- aOnly (d) is correct
- bOnly (a) is correct
- cOnly (b) and (c) are correct
- dOnly (a) and (b) are correct
Answer & solution
Correct answer: D
Section 36 of the Specific Relief Act 1963: preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Declaration of right is not preventive relief, so only (a) and (b) are correct.
Section 306 Tender of Pardon to accomplice applies to :
- aAny offence triable exclusively by the Court of session
- bAny offence triable exclusively by the Court of a Special Judge appointed under the Criminal Law Amendment Act 1952
- cAny offence punishable with imprisonment which may extend to seven years
- dAll of the above
Answer & solution
Correct answer: D
Under Section 306(2) CrPC, tender of pardon to an accomplice applies to any offence triable exclusively by the Court of Session or by a Special Judge under the Criminal Law Amendment Act 1952, and any offence punishable with imprisonment which may extend to seven years or more. Hence all of the above.
“Warrant case” means a case relating to an offence punishable with imprisonment for a term :
- aOne year
- bTwo years
- cExceeding two years
- dNone of the above
Answer & solution
Correct answer: C
Section 2(x) CrPC defines 'warrant-case' as a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Mode of communicating or revoking rescission of voidable contract :
- ain the same manner, as apply to revocation of acceptances
- bin the same manner, as apply to revocation of proposals
- cin the same manner, as apply to revocation of agency
- dby any other mode
Answer & solution
Correct answer: B
Section 66 of the Indian Contract Act provides that rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.
Temporary injunctions are to continue : (a) Until a specified time (b) Until the further order of the court (c) Until death of one of the plaintiffs (d) Until death of one of the dependants Answer Options :
- aAll of the above
- bOnly (a) is correct
- cOnly (c) and (d) are correct
- dOnly (a) and (b) are correct
Answer & solution
Correct answer: D
Under Order 39 Rule 5 CPC (and general practice), a temporary injunction may be granted to continue until a specified time or until the further order of the court, i.e., options (a) and (b).
The period of limitation to file an application for leave to appear and defend a suit under summary procedure is :
- aNinety days
- bTen days
- cThirty days
- dSixty days
Answer & solution
Correct answer: B
Article 118 of the Limitation Act 1963 prescribes ten days for an application for leave to appear and defend a suit (summary procedure under Order 37 CPC), running from when the summons is served.
An injunction can be granted :
- ato restrain any person from applying to any legislative body
- bto prevent the breach of an obligation
- cto prevent a continuing breach in which the plaintiff has acquiesced
- dto prevent the breach of a contract the performance of which would not be specifically enforced
Answer & solution
Correct answer: B
Under Sections 36-38 of the Specific Relief Act 1963, an injunction (preventive relief) is granted to prevent the breach of an obligation existing in favour of the applicant. The other options describe cases where injunction cannot be granted (Section 41).
Secondary evidence means and includes :
- aWhere a document is executed in several parts, each part of the document
- bWhere a document is executed in counterpart, each counterpart executed by one or some of the parties only
- cCounterparts of documents as against the parties who did not execute them
- dWhere a number of documents are all made by one uniform process
Answer & solution
Correct answer: A
Section 63 of the Evidence Act defines secondary evidence to include, where a document is executed in several parts, each part of it (clause (4)).
The protection of Article 300-A “persons not to be deprived of property save by authority of law” is available to :
- aany person
- blegal person
- cjuristic person
- dAll of the above
Answer & solution
Correct answer: D
Article 300-A uses the word 'person' and its protection is available to any person, including legal/juristic persons; hence all of the above.
A person entitled to the possession of specific moveable property may recover it in the manner provided by :
- aTransfer of Property Act, 1882
- bSale of Goods Act, 1930
- cThe code of Criminal Procedure, 1973
- dThe code of Civil Procedure, 1908
Answer & solution
Correct answer: D
Section 7 of the Specific Relief Act 1963 provides that a person entitled to possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
Robbery :
- aIn all robbery there is only theft
- bIn all robbery there is only extortion
- cIn all robbery there is either theft or extortion
- dNone of the above
Answer & solution
Correct answer: C
Section 390 IPC: in all robbery there is either theft or extortion. Theft is robbery when accompanied by the requisite force/fear; extortion is robbery when the offender is present and puts the victim in fear of instant harm.
A Magistrate of the First class may, for the reasons to be recorded by him, stop the proceedings at any stage :
- aIn any warrant-case
- bIn any summons-case
- cWhen the proceedings have been instituted upon complaint
- dNone of the above
Answer & solution
Correct answer: B
Under Section 258 CrPC, a Magistrate of the first class (or with sanction, a second class Magistrate) may, in any summons-case instituted otherwise than upon complaint, for reasons to be recorded, stop the proceedings at any stage.
Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be :
- aVoid
- bInvalid
- cVoidable at the option of any creditor so defeated
- dValid
Answer & solution
Correct answer: C
Section 53 of the Transfer of Property Act 1882: every transfer of immovable property made with intent to defeat or delay creditors is voidable at the option of any creditor so defeated or delayed.
Landlord may recover possession of premises if the tenant has created on the premises any permanent structure without consent of landlord, the permanent structure includes :
- aDoor
- bStanding cooking platform in kitchen
- cA false ceiling
- dNone of the above
Answer & solution
Correct answer: C
Under the explanation/proviso to Section 16(1) of the Maharashtra Rent Control Act 1999, a false ceiling counts as a permanent structure (while a door or standing cooking platform does not).
Consider the following statements : Statement (I) : Specific relief can be granted only for the purpose of enforcing individual civil rights. Statement (II): Specific relief cannot be granted for the mere purpose of enforcing a penal law.
- aStatement (I) is correct, (II) is incorrect.
- bStatement (II) is correct, (I) is incorrect.
- cBoth statements are incorrect.
- dBoth statements are correct.
Answer & solution
Correct answer: D
Section 4 of the Specific Relief Act 1963 read with its principles: specific relief is granted only to enforce individual civil rights and not for the mere purpose of enforcing a penal law; both statements are correct.
The Supreme Court may grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by :
- aany court constituted by or under any law relating to the Armed Forces
- bany tribunal constituted by or under any law relating to the Armed Forces
- cany court or tribunal in the territory of India
- dAll of the above
Answer & solution
Correct answer: C
Article 136(1) of the Constitution empowers the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence or order of any court or tribunal in the territory of India; Article 136(2) excludes Armed Forces courts/tribunals.
The expression “District Judge” includes :
- aJudge of a City Civil Court
- bChief Judge of a Small Cause Court
- cChief Presidency Magistrate
- dAll of the above
Answer & solution
Correct answer: D
Section 2(4) read with the CPC and the Bombay City Civil Court / Small Cause Court provisions, 'District Judge' includes a Judge of a City Civil Court, Chief Judge of a Small Cause Court and Chief Presidency (Metropolitan) Magistrate; hence all of the above.
The liability of the Universal donor is :
- ato the extent of part of the property
- bto the extent of the property comprised therein
- cbeyond the property acquired by him
- dAll of the above
Answer & solution
Correct answer: B
Section 128 of the Transfer of Property Act 1882: the universal donee is personally liable for all the debts and liabilities of the donor at the time of the gift to the extent of the property comprised therein.
Option to determine lease Where the time so limited is expressed to be terminable before its expiration, and the lease omits to mention at whose option it is so terminable.
- aOnly the lessor shall have such option
- bOnly the lessee shall have such option
- cThe lessor and lessee have such option
- dNone of the above
Answer & solution
Correct answer: B
Section 108(q)/proviso on option to determine lease: where a lease is terminable before its expiration and omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option.
By a landlord to recover possession from a tenant the period of limitation as per provisions of Limitation Act 1963 to file suit is :
- aThirty years
- bThree years
- cTwelve years
- dOne year
Answer & solution
Correct answer: C
Article 67 of the Limitation Act 1963 prescribes twelve years for a suit by a landlord to recover possession from a tenant, running from when the tenancy is determined.
Where any period is fixed or granted by the court for doing of any act prescribed or allowed by the court, the court has discretion to enlarge such period not exceeding :
- aOne hundred days in total
- bNinety days in total
- cSixty days in total
- dThirty days in total
Answer & solution
Correct answer: D
Section 148 CPC (as amended w.e.f. 1-7-2002) permits the court to enlarge a period fixed or granted for doing an act, the enlargement not exceeding thirty days in total.
Consider the following statements : Statement (I) : A promise made in writing to pay a debt barred by limitation is invalid. Statement (II): A promise to compensate for something done is valid.
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are correct
- dBoth statements are incorrect
Answer & solution
Correct answer: B
Under Section 25(3) of the Indian Contract Act a written, signed promise to pay a time-barred debt is valid; under Section 25(2) a promise to compensate for something done is valid. So Statement (I) (that such a promise is invalid) is wrong and Statement (II) is correct.
The punishment to which offenders are liable under the provisions of the Indian Penal Code 1860 is :
- aCompensation
- bPenalty
- cForfeiture of property
- dAll of the above
Answer & solution
Correct answer: C
Section 53 IPC enumerates the punishments, which include forfeiture of property (death, imprisonment for life, imprisonment, forfeiture of property, and fine). Compensation and penalty are not among them.
To constitute “Bailment” :
- aIt is sufficient if bailee is in symbolic possession of the goods
- bActual delivery of the goods to bailee is essential
- cBailor need not deliver the goods to bailee
- dNone of the above
Answer & solution
Correct answer: B
Under Section 148 of the Indian Contract Act, bailment requires delivery of goods; actual (or constructive) delivery to the bailee is essential to constitute bailment. Of the given options, actual delivery being essential is the correct statement.
A person commits the offence of undue influence at an election, he voluntarily :
- amade a declaration of public policy
- bmade a promise of public action
- cexercised a legal right without intent to interfere with an electoral right
- dInterferes with the free exercise of any electoral right
Answer & solution
Correct answer: D
Section 171C IPC: a person commits undue influence at an election who voluntarily interferes or attempts to interfere with the free exercise of any electoral right. A mere declaration of public policy or exercise of a legal right is expressly excepted.
Consider the following statements : Statement (I) : “Pleading” shall mean plaint Statement (II) : “Pleading” shall mean written statement
- aStatement (I) is correct, (II) is incorrect
- bStatement (II) is correct, (I) is incorrect
- cBoth statements are correct
- dBoth statements are incorrect
Answer & solution
Correct answer: C
Order 6 Rule 1 CPC defines 'pleading' to mean plaint or written statement; therefore both statements are correct.
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