Maharashtra Judiciary — Prelims 2021

Correct answer: C

Section 53 of the Maharashtra Rent Control Act, 1999 makes the offence under Section 24 (recovery of possession / unlawful eviction) cognizable.

Correct answer: C

The Preamble to the Constitution of India resolves to constitute India into a Sovereign Socialist Secular Democratic Republic.

Correct answer: B

Default (statutory) bail is provided under the proviso to Section 167(2) Cr.P.C., 1973, when investigation is not completed within the prescribed period (60/90 days).

Correct answer: B

Fundamental Duties are enumerated in Article 51A of the Constitution (inserted by the 42nd Amendment, 1976).

Correct answer: B

Under Article 76 of the Constitution, the President appoints the Attorney General of India.

Correct answer: B

Protection of life and personal liberty under Article 21 is a fundamental right guaranteed by Part III of the Constitution.

Correct answer: A

Under Order VI Rule 2 CPC, pleading means stating material facts, not the evidence by which they are to be proved.

Correct answer: C

A lease (Section 105 TPA) transfers the right to enjoy the property for a term in consideration of rent; the lessee gets enjoyment, not ownership.

Correct answer: B

Section 96 IPC provides that nothing done in the exercise of the right of private defence is an offence.

Correct answer: D

Section 12 of the Indian Partnership Act, 1932 gives every partner the right to take part in conduct of business, the duty to attend diligently, and the right to access/inspect books (Sec 12 read with Sec 9/12(d)). Hence all the above.

Correct answer: C

Under Section 33 of the Maharashtra Rent Control Act, 1999, for the area of Brihan Mumbai the court of jurisdiction is the Court of Small Causes, Mumbai.

Correct answer: D

While both Supreme Court (Art 32) and High Court (Art 226) can issue writs, the option-specific phrasing 'power to issue directions' for enforcement of fundamental rights points to the Supreme Court under Article 32, the constitutional remedy itself a fundamental right.

Correct answer: D

Common object is provided in Section 149 IPC (every member of an unlawful assembly guilty of offence committed in prosecution of the common object). Section 141 defines unlawful assembly.

Correct answer: D

Section 326 IPC defines and punishes voluntarily causing grievous hurt by dangerous weapons or means.

Correct answer: B

Mortgage is defined in Section 58 of the Transfer of Property Act, 1882.

Correct answer: D

Section 4 IPC extends the Code to any offence committed by any citizen of India in any place without and beyond India.

Correct answer: B

Under Section 21 TPA, an interest created to take effect only on the happening of a specified uncertain event is a contingent interest.

Correct answer: B

General Exceptions (Sections 76 to 106) are contained in Chapter IV of the Indian Penal Code.

Correct answer: D

Under Section 7 of the Indian Partnership Act, 1932, where no provision is made for duration or determination, the partnership is a partnership at will.

Correct answer: C

Under Article 368 of the Constitution, the power to amend the Constitution vests in Parliament.

Correct answer: B

Article 121 of the Limitation Act, 1963 prescribes sixty days for an application to set aside an abatement (from date of abatement).

Correct answer: C

Under Section 32(1) of the Evidence Act, a dying declaration is a statement as to the cause of the declarant's death or the circumstances of the transaction resulting in death.

Correct answer: C

Under Section 2(2) CPC, a decree may be either preliminary or final (or partly preliminary and partly final).

Correct answer: C

Section 111 of the Transfer of Property Act provides for the determination (termination) of a lease.

Correct answer: A

Under Section 67 IPC, imprisonment for non-payment of fine shall not exceed two months when the fine does not exceed fifty rupees.

Correct answer: C

Under Section 3 of the Indian Evidence Act, 1872, 'Evidence' means and includes oral evidence (statements of witnesses) and documentary evidence (documents produced for inspection). Hence both (1) and (2).

Correct answer: B

The Schedule to the Limitation Act, 1963 has three divisions; the First Division (Articles 1-113) is for Suits.

Correct answer: D

The three legislative lists (Union, State, Concurrent) are set out in the Seventh Schedule to the Constitution of India (Article 246).

Correct answer: B

The Specific Relief (Amendment) Act, 2018 changed the regime so that specific performance is the general rule (no longer in the court's discretion under amended Section 10), with damages as the exception.

Correct answer: C

Rent is recoverable according to the British calendar month, as held/applied under rent control law (the term of tenancy and rent payment run by the British/Gregorian calendar).

Correct answer: C

Section 44 Cr.P.C., 1973 empowers a Magistrate to arrest a person when an offence is committed in his presence, within his local jurisdiction (sub-sec.1) and also a person for whose arrest he is competent even otherwise; the option covering both presence within and beyond local jurisdiction is correct as per the section.

Correct answer: B

Section 55 of the C.P.C., 1908 deals with arrest and detention (in execution of a decree).

Correct answer: C

Under Section 29(2) Cr.P.C., 1973 a Magistrate of the first class may pass imprisonment not exceeding three years (and fine up to Rs.10,000).

Correct answer: B

Section 83 Cr.P.C., 1973 provides for attachment of property of an absconding person (proclaimed under Section 82).

Correct answer: A

Under the Maharashtra Rent Control Act, 1999 (Section 7), 'standard rent' in relation to premises means the rent fixed by the Court.

Correct answer: D

Under Section 16 MRC Act, 1999, when the interest of a tenant is determined for any reason, a sub-tenant to whom the premises have been lawfully sub-let becomes the tenant of the landlord.

Correct answer: D

Section 20-A (and 20) inserted/dealing with substituted performance of contract by the Specific Relief (Amendment) Act, 2018; substituted performance is provided under Section 20. The provision for substituted performance is Section 20.

Correct answer: B

Under Section 62 Cr.P.C., 1973, every summons shall be served by a police officer or, subject to rules, by an officer of the Court or other public servant.

Correct answer: C

Section 5 of the Limitation Act, 1963 provides for condonation of delay (extension of prescribed period on sufficient cause).

Correct answer: C

Order V Rule 20 C.P.C., 1908 provides for substituted service of summons.

Correct answer: D

Under Section 3 of the Indian Evidence Act, 1872, 'document' means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means. Hence all the above.

Correct answer: D

Section 53 of the Transfer of Property Act, 1882 - a transfer of immovable property made with intent to defeat or delay creditors is a fraudulent transfer (voidable at the option of the creditor).

Correct answer: A

Article 65 of the Limitation Act, 1963 prescribes twelve years for a suit for possession of immovable property based on title.

Correct answer: A

Section 97 Cr.P.C., 1973 empowers a Magistrate to issue a search warrant for a person wrongfully confined under circumstances amounting to an offence.

Correct answer: A

Section 2(x) Cr.P.C., 1973 defines 'warrant-case' as a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Correct answer: C

The Supreme Court is a court of record under Article 129 of the Constitution (and High Courts under Article 215). Among the options, the Supreme Court is the court of record.

Correct answer: D

Section 16 of the Specific Relief Act, 1963 bars specific performance in favour of a person who has obtained substituted performance under Section 20, who has become incapable of performing, or who fails to prove performance of essential terms - the consolidated correct option.

Correct answer: D

Under Section 27(2) of the Specific Relief Act, 1963, the court may refuse to rescind where the plaintiff has ratified, where third parties acquired rights in good faith, or where a part not severable is sought to be rescinded - all the above.

Correct answer: C

Section 39 of the Specific Relief Act, 1963 - a mandatory injunction may be granted where, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts.

Correct answer: B

Under Section 28 of the Maharashtra Rent Control Act, 1999, the landlord is entitled to inspect the premises let or given on licence at a reasonable time after giving prior notice to the tenant/licensee.

Correct answer: A

Under Sec. 2(12) CPC, 'mesne profits' expressly excludes profits due to improvements made by the person in wrongful possession. Hence such profits are not included.

Correct answer: C

The plea of alibi is admissible under Section 11 of the Evidence Act (facts not otherwise relevant become relevant if inconsistent with a fact in issue), as held in Sahabuddin v. State of Assam.

Correct answer: D

Section 3(1) of the Maharashtra Rent Control Act, 1999 provides that the Act applies in the first instance to premises in the areas specified in Schedule I and Schedule II.

Correct answer: C

Article 19 of the Schedule to the Limitation Act, 1963 prescribes three years for money payable for money lent, running from when the loan is made.

Correct answer: A

Section 101 of the Evidence Act: whoever desires a court to give judgment as to a right/liability depending on facts which he asserts must prove those facts exist.

Correct answer: D

Section 58(f) TPA: where a person in a notified town (e.g., Bombay) delivers documents of title to immovable property to a creditor with intent to create security, it is a mortgage by deposit of title deeds (equitable mortgage).

Correct answer: A

The doctrine of eclipse flows from Article 13 (laws inconsistent with or in derogation of fundamental rights), under which a pre-Constitution law inconsistent with FRs is eclipsed, not dead. Case: Bhikaji Narain Dhakras v. State of M.P.

Correct answer: C

Section 26 of the Indian Contract Act, 1872: every agreement in restraint of marriage of any person, other than a minor, is void.

Correct answer: C

Abetment by instigation (Sec. 107 IPC) is complete on instigation; abetment is punishable even if the act abetted is not committed (Sec. 116). A is guilty of abetting B to commit murder.

Correct answer: C

Article 159 of the Constitution: the oath of office to the Governor is administered by the Chief Justice of the High Court (or, in his absence, the senior-most Judge available).

Correct answer: D

All three are seller's duties under Section 55(1) TPA: to disclose material defects, to produce documents of title for examination, and to pay public charges/rent accrued up to the date of sale.

Correct answer: B

Res gestae corresponds to Section 6 of the Evidence Act: facts so connected with a fact in issue as to form part of the same transaction are relevant.

Correct answer: B

Order XXI of the CPC, 1908 contains the detailed provisions for execution of decrees and orders.

Correct answer: A

Order VIII Rule 1 CPC: the defendant shall present a written statement within thirty days from the date of service of summons on him.

Correct answer: D

Section 55 of the Maharashtra Rent Control Act, 1999 makes the tenancy/leave-and-licence agreement compulsorily registrable in writing, with the responsibility on the landlord.

Correct answer: A

Section 24 IPC: a person doing a thing with intent to cause wrongful gain to one person or wrongful loss to another is said to do it 'dishonestly'.

Correct answer: D

Section 41(ha) of the Specific Relief Act, 1963 (inserted by the 2018 Amendment): no injunction shall be granted in a suit involving a contract relating to an infrastructure project where it would impede/delay progress.

Correct answer: B

Section 31 of the Sale of Goods Act, 1930: it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them. Hence the seller's duty is to deliver the goods.

Correct answer: B

Section 62 of the Evidence Act: primary evidence means the document itself produced for the inspection of the court. The other options are incorrect (contents of documents are generally proved by documentary, not oral, evidence; admitted facts need not be proved; confession before police is inadmissible).

Correct answer: D

All three are general exceptions in the IPC: act of a judge acting judicially (Sec. 77), act justified by law (Sec. 76/79), and act done by accident (Sec. 80). Hence all the above.

Correct answer: D

Section 14 of the Specific Relief Act, 1963 lists contracts not specifically enforceable, including all the situations stated (no substituted performance obtained, continuous duty the court cannot supervise, and contract not determinable). Hence all the above.

Correct answer: B

Section 11 CPC defines res judicata: no court shall try any suit/issue directly and substantially in issue in a former suit between the same parties already heard and finally decided.

Correct answer: D

Section 11 of the Indian Contract Act, 1872: every person is competent to contract who is of the age of majority, of sound mind, and not disqualified by any law. Hence all the above.

Correct answer: D

Section 106 of the Evidence Act: when any fact is especially within the knowledge of a person, the burden of proving that fact is upon him.

Correct answer: D

Section 75 CPC empowers the court to issue commissions to examine any person, to make a local investigation, to make a partition, and for other purposes. Hence all the above.

Correct answer: C

Section 3(1)(a) of the Maharashtra Rent Control Act, 1999 exempts premises belonging to the Government or a local authority from the Act's application.

Correct answer: C

Section 15 of the Specific Relief Act, 1963 is titled 'Who may obtain specific performance' (party, representative in interest/principal, etc.).

Correct answer: A

The Criminal Law (Amendment) Act, 2018 was enacted to amend the law relating to rape, notably introducing stricter punishment and the death penalty for rape of girls below 12 years.

Correct answer: B

Estoppel (Section 115, Evidence Act) is a rule of equity, founded on the maxim that one cannot approbate and reprobate; it prevents a party from denying a fact previously asserted and relied upon.

Correct answer: A

The Schedule to the Limitation Act, 1963 is divided into three divisions: First (Suits), Second (Appeals), and Third (Applications).

Correct answer: B

Under Section 19 IPC, a Magistrate having power only to commit a case for trial to another court is NOT a 'Judge' within the meaning of the section.

Correct answer: D

Section 122 of the Transfer of Property Act, 1882 defines 'gift' as transfer of certain existing movable or immovable property made voluntarily and without consideration.

Correct answer: C

An agreement to do an act impossible in itself (walking a hundred miles in an hour) is void under Section 56 of the Indian Contract Act, 1872; this is the illustration itself.

Correct answer: D

Section 38 of the Specific Relief Act, 1963 provides for a perpetual injunction to prevent the breach of an obligation existing in favour of the applicant, whether express or implied.

Correct answer: C

Under Section 6 of the Transfer of Property Act, a public office cannot be transferred (clause f); a right to future maintenance (d) and a mere right to sue (e) are also non-transferable, so only 'public office cannot be transferred' is correct.

Correct answer: C

Section 38 of the CPC, 1908 provides that a decree may be executed either by the court which passed it or by the court to which it is sent for execution.

Correct answer: D

Section 58 of the Maharashtra Rent Control Act, 1999 repeals all three named enactments (the 1947 Bombay, 1946 CP & Berar, and 1954 Hyderabad rent control laws).

Correct answer: B

Section 5 of the Limitation Act, 1963 (condonation of delay) applies to appeals and applications, but expressly NOT to suits.

Correct answer: B

Under Section 70 of the Indian Contract Act (quasi-contract), where a person enjoys the benefit of goods delivered non-gratuitously and treats them as his own, he is bound to pay; this is the statutory illustration.

Correct answer: A

Under Section 12 of the Sale of Goods Act, 1930, a stipulation in a contract of sale may be either a condition or a warranty; of the options given, warranty is correct.

Correct answer: A

Section 74 of the Evidence Act, 1872 classifies public records kept in any State of private documents as public documents.

Correct answer: C

Section 164 of the Cr.P.C., 1973 empowers a Metropolitan or Judicial Magistrate to record confessions and statements made during the course of an investigation.

Correct answer: C

Section 2(a) of the Indian Contract Act, 1872 defines a 'proposal': when one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining that other's assent.

Correct answer: A

Section 6(2)(a) of the Specific Relief Act, 1963 bars a suit for possession (based on prior possession) brought after the expiry of six months from the date of dispossession.

Correct answer: B

Under Article 67 of the Limitation Act, 1963, the twelve-year limitation for a landlord's suit to recover possession from a tenant runs from when the tenancy is determined.

Correct answer: B

Post the Jammu and Kashmir Reorganisation Act, 2019, Section 1(2) of the Cr.P.C., 1973 now extends to the whole of India; the J&K exception has been removed.

Correct answer: C

This is incorrect: Section 12(1) of the Limitation Act, 1963 provides that the day from which the period is reckoned shall be EXCLUDED, not included as the option wrongly states.

Correct answer: D

Section 14 of the Indian Contract Act, 1872: consent is free when not caused by coercion, undue influence, fraud, misrepresentation or mistake; hence all the above.

Correct answer: B

Section 5 of the Limitation Act, 1963 allows an appeal to be admitted after the prescribed period if the appellant satisfies the court he had sufficient cause for not preferring it in time.

Correct answer: C

Section 2(b) of the Indian Contract Act, 1872: a proposal, when accepted, becomes a promise.