Madhya Pradesh Judiciary Mock Test 1 — Questions & Solutions
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Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration of :-
aone month next after notice in writing has been delivered
bsix months next after notice in writing has been delivered
ctwo months next after notice in writing has been delivered
dthree months next after notice in writing has been delivered
Answer: C
Section 80(1) bars a suit against the Government or a public officer until the expiration of two months after a written notice has been delivered to or left at the office of the prescribed authority.
The Supreme Court laid down the categories of cases suitable and unsuitable for reference to Alternative Dispute Resolution under Section 89 of the Code of Civil Procedure in :-
aBooz Allen & Hamilton Inc. Vs. SBI Home Finance Ltd.
bSalem Advocate Bar Association Vs. Union of India
cK.K. Velusamy Vs. N. Palanisamy
dAfcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co.
Answer: D
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010) 8 SCC 24, the Supreme Court illustratively classified categories of cases as suitable and unsuitable for ADR under Section 89 and held that holding a hearing to consider ADR is mandatory though actual reference is not in every case.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie except on a question of law from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed :-
aten thousand rupees
bthree thousand rupees
ctwenty thousand rupees
dfive thousand rupees
Answer: A
Section 96(4), as amended in 1999 (w.e.f. 01-07-2002), bars any appeal except on a question of law from a small-cause-nature decree where the value of the original suit does not exceed ten thousand rupees.
A High Court can entertain a second appeal under Section 100 of the Code of Civil Procedure, 1908 only if the case involves :-
aa wrong appreciation of evidence by the lower appellate court
ban error of fact apparent on the face of the record
ca substantial question of law
da mixed question of law and fact
Answer: C
Section 100 confines the jurisdiction of the High Court in second appeal to cases involving a substantial question of law, which must be formulated by the Court, and the appeal is heard only on that question.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, where a defendant fails to file his written statement within thirty days, the Court may allow him to file it for reasons recorded in writing, but not later than :-
aninety days from the date of service of summons
bone hundred twenty days from the date of service of summons
csixty days from the date of service of summons
done hundred eighty days from the date of service of summons
Answer: A
The proviso to Order VIII Rule 1 caps the extended time for filing a written statement (in an ordinary civil suit) at ninety days from the date of service of summons; the 120-day outer limit applies to commercial suits.
Under Section 148 of the Code of Civil Procedure, 1908, where any period is fixed or granted by the Court for the doing of any act, the Court may enlarge such period, even though the period originally fixed may have expired, by a maximum of :-
asixty days in total
bninety days in total
cfifteen days in total
dthirty days in total
Answer: D
After the 1999 amendment, Section 148 permits enlargement of a court-fixed period by a maximum of thirty days in total, though the inherent power of the Court is not wholly ousted thereby.
An application to set aside an ex-parte decree passed against a defendant is made under which provision of the Code of Civil Procedure, 1908 :-
aOrder IX Rule 9
bOrder IX Rule 13
cOrder IX Rule 7
dOrder IX Rule 4
Answer: B
Order IX Rule 13 enables a defendant against whom an ex-parte decree is passed to apply to set it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing; Rule 9 deals with dismissal of suit for plaintiff's default.
The doctrine of restitution, requiring the Court to place the parties in the position they would have occupied but for a decree since varied or reversed, is contained in :-
aSection 114 of the Code of Civil Procedure
bSection 115 of the Code of Civil Procedure
cSection 151 of the Code of Civil Procedure
dSection 144 of the Code of Civil Procedure
Answer: D
Section 144 embodies the doctrine of restitution, empowering the Court which passed the decree to order restitution where the decree is varied, reversed, set aside or modified.
A decree for specific performance of a contract may be enforced in execution by detention in civil prison of the judgment-debtor or by attachment of his property under :-
aOrder XXI Rule 30
bOrder XXI Rule 35
cOrder XXI Rule 32
dOrder XXI Rule 38
Answer: C
Order XXI Rule 32 provides that where a party against whom a decree for specific performance (or injunction or restitution of conjugal rights) is passed has wilfully failed to obey it, the decree may be enforced by detention in civil prison, by attachment of property, or by both.
The fundamental right to free and compulsory education for all children of the age of six to fourteen years, as a justiciable right, was inserted into the Constitution by which amendment and is contained in which Article?
a93rd Amendment; Article 15(5)
b86th Amendment; Article 21A
c44th Amendment; Article 21
d42nd Amendment; Article 45
Answer: B
The Constitution (86th Amendment) Act, 2002 inserted Article 21A, making free and compulsory education for children aged 6 to 14 a fundamental right. Article 45 (a Directive Principle) was correspondingly recast to cover children below six years.
The doctrine of 'basic structure' of the Constitution, limiting the amending power of Parliament under Article 368, was propounded by the Supreme Court in:
aA.K. Gopalan v. State of Madras (1950)
bKesavananda Bharati v. State of Kerala (1973)
cGolak Nath v. State of Punjab (1967)
dMinerva Mills v. Union of India (1980)
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held by a 7:6 majority that Parliament can amend any part of the Constitution but cannot alter or destroy its basic structure. Minerva Mills later reinforced, but did not originate, the doctrine.
Parliament is empowered to create a new All-India Service (including an All-India Judicial Service) only if the Council of States (Rajya Sabha) first passes a resolution to that effect supported by:
aNot less than two-thirds of the members present and voting
bThree-fourths of the total membership of the House
cA simple majority of the members present and voting
dAn absolute majority of the total membership of the House
Answer: A
Under Article 312, the Rajya Sabha must declare by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest, before Parliament may create such a service.
The Eleventh Schedule, which lists subjects to be devolved upon Panchayats, was added to the Constitution by the:
a69th Amendment Act, 1991
b65th Amendment Act, 1990
c73rd Amendment Act, 1992
d74th Amendment Act, 1992
Answer: C
The Constitution (73rd Amendment) Act, 1992 added Part IX (The Panchayats) and the Eleventh Schedule containing 29 subjects. The Twelfth Schedule (Municipalities) was added by the 74th Amendment.
Provisions as to disqualification of members of Parliament and State Legislatures on the ground of defection are contained in which Schedule of the Constitution?
aTenth Schedule
bTwelfth Schedule
cNinth Schedule
dEighth Schedule
Answer: A
The anti-defection provisions are in the Tenth Schedule, inserted by the Constitution (52nd Amendment) Act, 1985, and operate with Articles 102(2) and 191(2). The Eighth Schedule deals with languages and the Ninth Schedule with protected laws.
The writ jurisdiction of a High Court under Article 226 is regarded as wider than that of the Supreme Court under Article 32 principally because Article 226 permits the issuance of writs:
aOnly against the State and its instrumentalities
bOnly when no alternative remedy is available
cFor the enforcement of fundamental rights as well as 'for any other purpose'
dOnly in respect of disputes arising within the High Court's territory
Answer: C
Article 32 is confined to enforcement of fundamental rights, whereas Article 226 allows a High Court to issue writs both for fundamental rights and 'for any other purpose', i.e., enforcement of ordinary legal rights, making it broader.
When a fact is deposed to as discovered in consequence of information received from an accused person in the custody of a police officer, the portion of such information that may be proved under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is :-
aso much of such information as relates distinctly to the fact thereby discovered
bno part of the information, since it was made in police custody
conly that part which does not amount to a confession
dthe whole of the information, whether or not it amounts to a confession
Answer: A
The proviso to Section 23(2) of the BSA permits proof of only so much of the information received from an accused in police custody as 'relates distinctly to the fact thereby discovered', whether or not it amounts to a confession. The proviso is attached to Section 23(2) and lifts the bar created by Section 23(1) and the main part of Section 23(2) of the BSA (corresponding to old Section 27 IEA).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused person is irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat, coercion or promise which :-
aproceeds from any private individual whatsoever
bis made after the inducement has been fully removed
chas reference to the charge and proceeds from a person in authority, giving reasonable grounds for supposing a temporal advantage or avoidance of evil
drelates only to a future spiritual benefit
Answer: C
Section 22 of the BSA (corresponding to old Section 24 IEA) renders a confession irrelevant only when the inducement, threat, coercion or promise has reference to the charge, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing he would gain a temporal advantage or avoid a temporal evil. A spiritual exhortation or an inducement from an outsider does not attract the bar.
Which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that no confession made to a police officer shall be proved as against a person accused of any offence ?
aSection 23
bSection 22
cSection 25
dSection 24
Answer: A
Section 23(1) of the BSA (corresponding to old Section 25 IEA) imposes an absolute bar on proving a confession made to a police officer against the accused. Section 23(2) bars confessions made in police custody unless made in the immediate presence of a Magistrate.
Where more persons than one are being tried jointly for the same offence and a confession made by one of them affecting himself and some other of such persons is proved, the Court under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) :-
acannot use the confession for any purpose whatsoever
bmay take such confession into consideration as against the co-accused as well as the maker
cmust treat the confession as substantive evidence equal to sworn testimony
dmust convict the co-accused solely on that confession
Answer: B
Section 24 of the BSA (corresponding to old Section 30 IEA) permits the Court to 'take into consideration' the confession of a co-accused against the other accused jointly tried for the same offence. It is not substantive evidence and cannot by itself form the sole basis of conviction; it can only lend assurance to other evidence.
In Pakala Narayana Swami v. King Emperor (AIR 1939 PC 47), regarding a statement admissible as a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Privy Council held that :-
athe declarant must have been under expectation of imminent death when making the statement
bthe statement is admissible even though the declarant had no expectation of death at the time it was made
cthe statement is admissible only if made to a Magistrate
dthe statement is admissible only in cases of homicide and not suicide
Answer: B
The Privy Council held that under what is now Section 26(a) of the BSA, a statement as to the cause of death or the circumstances of the transaction resulting in death is admissible irrespective of whether the declarant was, at the time, under any expectation of death. This is a key point of departure from English law.
Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of a person specially skilled is a relevant fact when the Court has to form an opinion upon a point of :-
aany disputed question of fact, whether technical or not
bforeign law, science, art, identity of handwriting and finger impressions
cdomestic procedure and local custom only
dIndian law, science and art only
Answer: B
Section 39 of the BSA makes expert opinion relevant on points of foreign law, science, art or any other field, and as to identity of handwriting or finger impressions. Opinion on Indian law is for the Court itself and is not covered.
The Nobel Peace Prize for the year 2024 was awarded to:
aNarges Mohammadi
bWorld Food Programme
cMaria Ressa
dNihon Hidankyo
Answer: D
The 2024 Nobel Peace Prize was awarded to Nihon Hidankyo, the Japanese organisation of atomic bomb survivors, for its work towards a world free of nuclear weapons.
Under the Indian Contract Act, 1872, the communication of a revocation of a proposal by the proposer is complete as against the proposer -
aas soon as the proposer decides to revoke
bwhen it comes to the knowledge of the person to whom it is made
cwhen the proposal itself is communicated to the offeree
dwhen it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it
Answer: D
Under Section 4 of the Act, the communication of a revocation is complete as against the person who makes it when it is put into a course of transmission to the person to whom it is made, so as to be out of his power; it is complete as against the person to whom it is made only when it comes to his knowledge.
abefore the communication of its acceptance is complete as against the acceptor, but not afterwards
bonly with the consent of the acceptor
ceven after the acceptance has come to the knowledge of the proposer
dbefore the communication of its acceptance is complete as against the proposer, but not afterwards
Answer: D
Section 5 provides that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards; communication of acceptance is complete as against the proposer when it is put in course of transmission to him.
'A' threatens to commit suicide unless his wife 'B' executes a release deed in favour of his brother. 'B' executes the deed under this threat. The consent of 'B' is said to have been caused by -
afraud under Section 17
bcoercion under Section 15
cundue influence under Section 16
dmisrepresentation under Section 18
Answer: B
Coercion under Section 15 includes committing or threatening to commit any act forbidden by the Penal law; a threat to commit suicide (attempt to suicide being an offence) amounts to coercion, as held in Chikkam Ammiraju v. Chikkam Seshamma.
Which of the following is NOT a recognised exception under Section 25 to the rule that an agreement made without consideration is void?
aA promise to compensate a person who has already voluntarily done something for the promisor
bAn oral agreement to make a gift of immovable property to a distant friend
cA promise in writing and signed to pay a time-barred debt
dAn agreement made on account of natural love and affection between parties standing in a near relation, expressed in writing and registered
Answer: B
Section 25 saves three categories of agreements without consideration: those based on natural love and affection (written and registered), promise to compensate for a past voluntary act, and a written promise to pay a time-barred debt; an oral gift promise to a friend falls under none of these.
In the landmark case of Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is -
avoid ab initio
benforceable against the minor on attaining majority
cvoidable at the option of the minor
dvalid and binding on the minor
Answer: A
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that a minor's agreement is void ab initio (void from the very beginning), since under Section 11 a minor is not competent to contract.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder (death or imprisonment for life, and also liable to fine) is provided in -
aSection 103
bSection 105
cSection 101
dSection 102
Answer: A
Section 103(1) BNS prescribes the punishment for murder as death or imprisonment for life, and also fine, corresponding to the erstwhile Section 302 IPC.
For the first time, the offence of murder committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief (commonly called mob lynching) has been specifically made punishable under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 101(2)
bSection 111(2)
cSection 103(2)
dSection 117(4)
Answer: C
Section 103(2) BNS newly criminalises mob lynching, prescribing death or imprisonment for life or imprisonment of not less than seven years, with fine, for each member of such a group.
A driver causes death by rash and negligent driving not amounting to culpable homicide and escapes without reporting the incident to a police officer or Magistrate soon after. Under the Bharatiya Nyaya Sanhita, 2023, the enhanced punishment (which may extend to ten years) for such a 'hit-and-run' is found in -
aSection 106(1)
bSection 125
cSection 106(2)
dSection 105
Answer: C
Section 106(2) BNS provides that a person who causes death by rash or negligent driving and escapes without reporting to police or a Magistrate may be punished with imprisonment up to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the principle of doli incapax - that nothing is an offence which is done by a child under seven years of age - is contained in -
aSection 82
bSection 20
cSection 22
dSection 21
Answer: B
Section 20 BNS embodies doli incapax, providing that an act of a child under seven years of age is not an offence; Section 21 deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in which section is the concept of "Zero FIR" (registration of an FIR for a cognizable offence irrespective of the territorial jurisdiction in which the offence is committed) statutorily recognised?
aSection 175
bSection 176
cSection 173
dSection 154
Answer: C
Section 173(1) of the BNSS, 2023 codifies the Zero FIR concept, mandating registration of information relating to a cognizable offence irrespective of the area where the offence is committed.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention that a Magistrate may authorise (the police-custody portion of which may be sought in whole or in part during the first forty days) in respect of an offence not punishable with death, imprisonment for life or imprisonment for ten years or more is:
aSixty days
bNinety days
cForty days
dFifteen days
Answer: A
Section 187 of the BNSS caps total detention at sixty days for ordinary offences (ninety days where the offence is punishable with death, life imprisonment or imprisonment of ten years or more).
Under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer is required to issue a notice (instead of effecting arrest) directing the person to appear, where the offence complained of is punishable with imprisonment for a term:
aof life imprisonment
bless than three years or which may extend up to seven years
cexceeding seven years
dwhich may extend to three years
Answer: B
Section 35(3) BNSS mandates a notice of appearance, in lieu of arrest, where the offence is punishable with imprisonment of less than seven years (the provision covers offences punishable with up to seven years).
Anticipatory bail, i.e. direction for grant of bail to a person apprehending arrest on accusation of a non-bailable offence, is dealt with under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 480
cSection 438
dSection 483
Answer: A
Section 482 BNSS provides for anticipatory bail by the High Court or Court of Session, corresponding to the former Section 438 of the CrPC.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an undertrial prisoner who is a first-time offender (with no previous conviction) shall be released on bond when he has undergone detention for a period extending up to:
aone-third of the maximum period of imprisonment specified for such offence
bone-fourth of the maximum period of imprisonment specified for such offence
cone-half of the maximum period of imprisonment specified for such offence
dthe entire maximum period of imprisonment specified for such offence
Answer: A
The first proviso to Section 479(1) BNSS entitles a first-time offender to release on bond on completing detention of one-third of the maximum imprisonment, as against one-half for other undertrials.
Under the Specific Relief Act, 1963, as amended by the Specific Relief (Amendment) Act, 2018, the relief of specific performance of a contract is :-
ato be granted at the discretion of the court
bto be enforced by the court, subject only to the provisions of sections 11(2), 14 and 16
cavailable only in respect of immovable property
davailable only where compensation in money is not an adequate relief
Answer: B
The 2018 Amendment substituted section 10 so that specific performance 'shall' be enforced by the court subject to sections 11(2), 14 and 16, removing the earlier element of judicial discretion and the 'adequacy of compensation' test.
A person dispossessed of immovable property without his consent and otherwise than in due course of law files a suit for possession under section 6 of the Specific Relief Act, 1963. Such suit shall not be brought after the expiry of :-
athree months from the date of dispossession
btwelve years from the date of dispossession
cone year from the date of dispossession
dsix months from the date of dispossession
Answer: D
Section 6(2)(a) bars a suit under section 6 after the expiry of six months from the date of dispossession; clause (b) also bars such a suit against the Government.
With respect to a decree or order passed in a suit instituted under section 6 of the Specific Relief Act, 1963, which of the following is correct ?
aAn appeal lies but no review is allowed
bA review is allowed but no appeal lies
cNo appeal shall lie and no review shall be allowed
dBoth appeal and review are available as of right
Answer: C
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit instituted under section 6, nor shall any review of such order or decree be allowed.
Under section 20 of the Specific Relief Act, 1963 (as substituted in 2018), before a party suffering breach of contract may obtain substituted performance through a third party or his own agency, he must give the party in breach a written notice of not less than :-
asixty days
bthirty days
cfifteen days
dninety days
Answer: B
Section 20(2) requires the aggrieved party to give a written notice of not less than thirty days to the party in breach calling upon him to perform before substituted performance can be undertaken.
Under Section 6 of the Transfer of Property Act, 1882, which one of the following CAN be validly transferred?
aThe chance of an heir-apparent succeeding to an estate
bA mere right to sue
cAn actionable claim
dA right to future maintenance secured in favour of a Hindu widow
Answer: C
Section 6 bars transfer of a spes successionis [6(a)], a mere right to sue [6(e)] and a right to future maintenance [6(dd)], but an actionable claim is expressly transferable under Sections 6 read with 130.
'A', expecting to inherit his father's estate, transfers that expectancy to 'B' for consideration while his father is still alive. The transfer is:
avalid and binding on A
bvalid only if subsequently ratified by A's father
cvoidable at the option of the father
dvoid, being a transfer of a mere spes successionis
Answer: D
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate (spes successionis) is not transferable; such a transfer is void ab initio.
'A' transfers property to 'B' with an absolute condition that 'B' shall never sell or otherwise alienate the property. Under Section 10 of the Transfer of Property Act, 1882, the legal effect is that:
athe transfer is valid but the condition restraining alienation is void
bboth the transfer and the condition are void
cthe transfer is voidable at the option of A
dthe condition is valid and binds B absolutely
Answer: A
Section 10 renders void a condition or limitation absolutely restraining the transferee from parting with his interest; the transfer itself takes effect as if the condition did not exist.
The rule against perpetuity contained in Section 14 of the Transfer of Property Act, 1882 limits the postponement of vesting of an interest to a maximum period of:
athe life or lives of persons living at the date of transfer only
beighteen years from the date of the transfer in all cases
cthe life or lives in being plus a fixed term of 21 years
dthe life or lives in being plus the minority of the ultimate beneficiary
Answer: D
Section 14 permits postponement of vesting up to the lifetime of one or more living persons plus the minority of the ultimate beneficiary who must be in existence at the expiry of those lives.
Under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961, a suit for eviction on the ground of arrears of rent is maintainable only if the tenant has neither paid nor tendered the whole of the arrears legally recoverable within :
atwo months of the date on which a notice of demand for the arrears has been served on him by the landlord in the prescribed manner
bone month of the date of service of the notice of demand
cfifteen days of the date of service of the notice of demand
dthree months of the date of service of the notice of demand
Answer: A
Section 12(1)(a) permits eviction only where the tenant has failed to pay or tender the whole of the arrears within two months of the date on which a notice of demand was served by the landlord in the prescribed manner.
On a suit for eviction being instituted by a landlord on a ground referred to in Section 12, within what period must the tenant make the first deposit/payment of rent under Section 13(1) of the M.P. Accommodation Control Act, 1961 ?
aWithin one month of the service of writ of summons
bWithin three months of the service of writ of summons
cWithin fifteen days of the service of writ of summons
dWithin two months of the service of writ of summons
Answer: A
Section 13(1) requires the tenant to deposit in court or pay to the landlord, within one month of service of the writ of summons (or notice of appeal/proceeding), the rent for the period of default, and thereafter month by month by the 15th of each succeeding month.
Under Section 13 of the M.P. Accommodation Control Act, 1961, after the first deposit the tenant must continue to deposit or pay rent month by month by :
athe 1st of each succeeding month
bthe 15th of each succeeding month
cthe 7th of each succeeding month
dthe 10th of each succeeding month
Answer: B
Section 13(1) directs the tenant to continue to deposit or pay, month by month, by the 15th of each succeeding month, a sum equivalent to the rent until the decision of the suit, appeal or proceeding.
Under Section 3 of the M.P. Land Revenue Code, 1959, the Board of Revenue for Madhya Pradesh shall consist of :-
aa President and two or more other members
ba President and one other member
ca President alone, sitting singly
da Chairman and four members
Answer: A
Section 3 provides that there shall be a Board of Revenue for Madhya Pradesh consisting of a President and two or more other members appointed by the State Government.
Under Section 23 of the M.P. Land Revenue Code, 1959, unless the Collector otherwise directs, a Naib-Tahsildar in a tahsil shall be subordinate to the :-
aTahsildar
bCollector
cSuperintendent of Land Records
dSub-Divisional Officer
Answer: A
Section 23 states that, unless the Collector otherwise directs, every Revenue Officer in a sub-division shall be subordinate to the Sub-Divisional Officer, and a Naib-Tahsildar in a tahsil shall be subordinate to the Tahsildar.
Under the M.P. Land Revenue Code, 1959, the appointment of Tahsildars, Additional Tahsildars and Naib-Tahsildars in each tahsil is made by the State Government under :-
aSection 19
bSection 22
cSection 16
dSection 24
Answer: A
Section 19 empowers the State Government to appoint in each tahsil a Tahsildar and one or more Naib-Tahsildars (and Additional Tahsildars) to exercise the powers conferred under the Code.
Which of the following is an example of system software rather than application software?
aMicrosoft Excel
bAdobe Photoshop
cGoogle Chrome
dMicrosoft Windows
Answer: D
Microsoft Windows is an operating system, which is system software that manages hardware and provides a platform for applications; the others are application software.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation shall be dismissed -
aonly with the prior sanction of the State Government
bonly if the defendant pleads limitation as a defence
calthough limitation has not been set up as a defence
donly where the Court records reasons in writing
Answer: C
Section 3 makes the bar of limitation mandatory: every suit, appeal or application made after the prescribed period 'shall be dismissed, although limitation has not been set up as a defence', and the Court is bound to take note of it suo motu.
Where the prescribed period of limitation for a suit expires on a day when the Court is closed, under Section 4 of the Limitation Act, 1963 the suit may be instituted -
aby lodging it with the District Magistrate the same day
bonly after obtaining condonation of delay under Section 5
cwithin thirty days of the Court reopening
don the day the Court reopens
Answer: D
Section 4 provides that where the period of limitation 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; no separate condonation is required.
Under Section 138 of the Negotiable Instruments Act, 1881, the offence of dishonour of a cheque for insufficiency of funds is punishable with imprisonment which may extend to :-
aTwo years
bOne year
cThree years
dSix months
Answer: A
Section 138 provides that the drawer shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
The general power to transfer and withdraw any suit, appeal or other proceeding pending in a subordinate court, on the application of a party or suo motu, is conferred on the High Court and the District Court by :-
aSection 25 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 23 of the Code of Civil Procedure
dSection 22 of the Code of Civil Procedure
Answer: B
Section 24 confers the general power of transfer and withdrawal on the High Court or the District Court, exercisable on the application of a party (after notice) or by the Court of its own motion; Section 25 deals with transfer from one State to another by the Supreme Court.
Leave to sue or appeal as an indigent person is governed by which provision of the Code of Civil Procedure, 1908 :-
aOrder XXXIII of the Code
bOrder XXXVII of the Code
cOrder XXXV of the Code
dOrder XXXII of the Code
Answer: A
Order XXXIII deals with suits by indigent persons (Order XLIV extends it to appeals); a person is indigent if not possessed of sufficient means, other than property exempt from attachment and the subject-matter of the suit, to pay the prescribed court fee.
Which one of the following orders is appealable as of right under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 :-
aan order under Order IX Rule 13 rejecting an application to set aside an ex-parte decree
ban order refusing to strike out an issue under Order XIV Rule 5
can order under Order VIII Rule 10 pronouncing judgment for failure to file written statement
dan order under Order X Rule 2 for oral examination of a party
Answer: A
Order XLIII Rule 1(d) expressly provides an appeal from an order under Order IX Rule 13 rejecting an application to set aside an ex-parte decree; the other listed orders are not in the enumerated list of appealable orders.
A decree passed against the Union of India or a State Government shall not be executed unless the decree remains unsatisfied for a period of :-
atwo months from the date of the decree
bone month from the date of the decree
csix months from the date of the decree
dthree months from the date of the decree
Answer: D
Section 82(2) of the Code provides that execution of a decree against the Government shall not issue unless it remains unsatisfied for the period of three months computed from the date of the decree.
An order discharging, varying or setting aside an order of temporary injunction obtained ex-parte may be made by the Court under which provision of the Code of Civil Procedure, 1908 :-
aOrder XXXIX Rule 7
bOrder XXXIX Rule 4
cOrder XXXIX Rule 2A
dOrder XXXIX Rule 3
Answer: B
Order XXXIX Rule 4 empowers the Court to discharge, vary or set aside any order of injunction; Rule 2A deals with consequences of disobedience of an injunction order.
Under Section 11 of the Code of Civil Procedure, 1908, for the bar of res judicata to operate, the matter directly and substantially in issue in the subsequent suit must have been :-
amerely raised but not decided in the former suit
bdecided by any court irrespective of its competence to try the subsequent suit
cdirectly and substantially in issue in a former suit and heard and finally decided by a competent court
dincidentally or collaterally in issue in the former suit
Answer: C
Section 11 bars re-trial of a matter that was directly and substantially in issue in a former suit between the same parties (or those claiming under them) and was heard and finally decided by a court competent to try the subsequent suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is :-
abarred by a contract between the parties
bexpressly or impliedly barred
conly impliedly barred
donly expressly barred by statute
Answer: B
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred; the Explanation makes both kinds of bar relevant.
The doctrine of 'constructive res judicata' is contained in which provision of the Code of Civil Procedure, 1908?
aSection 10
bExplanation IV to Section 11
cOrder II Rule 2
dExplanation I to Section 11
Answer: B
Explanation IV to Section 11 embodies constructive res judicata: any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue.
Under Section 13 of the Code of Civil Procedure, 1908, a foreign judgment shall NOT be conclusive where it :-
ahas been given on the merits of the case
bhas been obtained by fraud
cis founded on a correct view of international law
dhas been pronounced by a Court of competent jurisdiction
Answer: B
Clause (e) of Section 13 provides that a foreign judgment obtained by fraud is not conclusive; the other options describe conditions under which it would be conclusive.
Under the Constitution of India, the right to constitutional remedies guaranteed by Article 32 has itself been described by Dr. B.R. Ambedkar as:
aThe heart and soul of the Constitution
bA Fundamental Duty of the citizen
cA Directive Principle of State Policy
dAn ordinary statutory right
Answer: A
Article 32, which guarantees the right to move the Supreme Court for enforcement of fundamental rights, was called by Dr. Ambedkar 'the very heart and soul' of the Constitution. It is itself a fundamental right.
'Untouchability' is abolished and its practice in any form forbidden by which Article of the Constitution of India?
aArticle 16
bArticle 15
cArticle 18
dArticle 17
Answer: D
Article 17 abolishes 'untouchability' and forbids its practice in any form, making its enforcement an offence punishable by law. Article 18 abolishes titles.
The provision that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India is found in:
aArticle 44
bArticle 51
cArticle 48
dArticle 39
Answer: A
Article 44, a Directive Principle of State Policy, directs the State to endeavour to secure a uniform civil code for citizens throughout India. It is non-justiciable but a goal of State policy.
The separation of the judiciary from the executive in the public services of the State is enjoined upon the State by which Article of the Constitution?
aArticle 233
bArticle 235
cArticle 50
dArticle 39A
Answer: C
Article 50, a Directive Principle, requires the State to take steps to separate the judiciary from the executive in the public services of the State. Articles 233 and 235 deal with appointment and control of district judges.
The Finance Commission, which recommends the distribution of taxes between the Union and the States, is constituted by the President under:
aArticle 280
bArticle 281
cArticle 282
dArticle 263
Answer: A
Article 280 requires the President to constitute a Finance Commission every fifth year (or earlier) to recommend, inter alia, the distribution of the net proceeds of taxes between the Union and the States.
The administration and control of the Scheduled Areas and Scheduled Tribes (such as the Scheduled Areas in Madhya Pradesh) is provided for under which Schedule of the Constitution?
aSeventh Schedule
bSixth Schedule
cFourth Schedule
dFifth Schedule
Answer: D
The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes in States other than the tribal areas of Assam, Meghalaya, Tripura and Mizoram, which are governed by the Sixth Schedule. Madhya Pradesh has Fifth Schedule areas.
Under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which of the following is relevant ?
aAny fact which shows or constitutes a motive or preparation for, or is conduct previous or subsequent to and influenced by, a fact in issue or relevant fact
bOnly a motive for any fact in issue or relevant fact
cOnly the subsequent conduct of an accused after arrest
dOnly preparation for any fact in issue or relevant fact
Answer: A
Section 6 of the BSA makes relevant any fact showing motive or preparation for a fact in issue or relevant fact, as well as the previous or subsequent conduct of a party or accused which influences or is influenced by such fact.
When a person accused of an offence pleads a General Exception under the Bharatiya Nyaya Sanhita, Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that :-
athe Court must presume the existence of the exception in favour of the accused
bthe burden of proving the existence of circumstances bringing the case within the exception is on the accused, and the Court shall presume the absence of such circumstances
cthe prosecution must disprove the existence of the exception beyond reasonable doubt
dno burden lies on either party regarding the exception
Answer: B
Section 105 of the BSA places the burden of proving that the case falls within a General Exception (or any special exception or proviso) upon the accused, and the Court shall presume the absence of such circumstances until the contrary is shown.
The presumption as to dowry death under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) arises where it is shown that soon before her death the woman had been subjected by the accused to cruelty or harassment in connection with a demand for dowry. The nature of this presumption is :-
ait is a conclusive proof not open to rebuttal
bit operates only in civil proceedings
cthe Court 'shall presume' that such person had caused the dowry death
dthe Court 'may presume' the dowry death
Answer: C
Section 117 of the BSA uses the mandatory expression 'the Court shall presume that such person had caused the dowry death' once the foundational facts are established. It is a rebuttable presumption of law, distinguishable from the discretionary 'may presume' under Section 116 of the BSA for abetment of suicide.
Read Section 138 with Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Which statement is correct ?
aAn accomplice is an incompetent witness and his testimony must be excluded
bAn accomplice is a competent witness, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, and the Court may presume he is unworthy of credit unless corroborated in material particulars
cCorroboration of an accomplice's testimony is wholly unnecessary in every case
dAn accomplice's evidence is conclusive proof of guilt
Answer: B
As enacted, Section 138 of the BSA declares an accomplice a competent witness and provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice' (a departure from the 'uncorroborated' wording of repealed Section 133 IEA). Illustration (b) to Section 119 of the BSA likewise allows the Court to presume an accomplice unworthy of credit unless corroborated in material particulars.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who called him, subsequent to his cross-examination, is called :-
aexamination-in-chief
bcross-examination
cre-examination
dfurther examination-in-chief
Answer: C
Section 142 of the BSA defines re-examination as the examination of a witness, subsequent to cross-examination, by the party who called him. Examination-in-chief is the first examination by the calling party, and cross-examination is by the adverse party.
Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a witness is sought to be contradicted by his previous statement in writing, the correct procedure is that :-
athe writing can be used only to corroborate, not to contradict
bthe previous writing can never be used to contradict a witness
che may be cross-examined as to previous statements made by him in writing without such writing being shown to him, but if it is intended to contradict him, his attention must be called to those parts of the writing to be used for contradiction before the writing is proved
dthe writing must always be shown to the witness before any question is put
Answer: C
Section 148 of the BSA allows cross-examination as to previous statements in writing without first showing the writing to the witness; however, if the writing is to be used to contradict him, his attention must, before the writing is proved, be called to those parts of it which are to be used for contradiction.
The Bhimbetka rock shelters, noted for their prehistoric cave paintings and a UNESCO World Heritage Site, are located in which district of Madhya Pradesh?
aSehore
bRaisen
cHoshangabad
dVidisha
Answer: B
The Bhimbetka rock shelters, in the Raisen district of Madhya Pradesh, contain some of the earliest traces of human life in India.
Which Article of the Constitution of India empowers the Governor of a State to grant pardons, reprieves and remit, suspend or commute sentences?
aArticle 163
bArticle 72
cArticle 213
dArticle 161
Answer: D
Article 161 confers on the Governor the power to grant pardons and to suspend, remit or commute sentences, paralleling the President's power under Article 72.
Where a minor is supplied by another person with necessaries suited to his condition in life, the person who furnished such supplies under Section 68 of the Indian Contract Act, 1872 is entitled to be reimbursed -
afrom the guardian personally in all cases
bpersonally from the minor
conly after the minor attains majority
dfrom the property of such minor
Answer: D
Section 68 provides that a person who supplies necessaries to a person incapable of contracting (such as a minor) is entitled to be reimbursed from the property of such incapable person; the minor is not personally liable.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful in which of the following cases?
aAll of the above
bWhere the Court regards it as immoral or opposed to public policy
cWhere it involves or implies injury to the person or property of another
dWhere it is forbidden by law
Answer: A
Section 23 declares the consideration or object of an agreement unlawful if it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to person or property, or is immoral or opposed to public policy.
Every agreement by which any person is restrained from exercising a lawful profession, trade or business of any kind is, under the Indian Contract Act, 1872 -
avoidable at the option of the restrained party
bvalid if reasonable
cillegal and punishable
dvoid to that extent
Answer: D
Section 27 declares that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is to that extent void, subject only to the statutory exception relating to sale of goodwill.
The rule in Hadley v. Baxendale, relating to remoteness of damages, is embodied in which provision of the Indian Contract Act, 1872?
aSection 73
bSection 56
cSection 75
dSection 74
Answer: A
Section 73, dealing with compensation for loss or damage caused by breach of contract, incorporates the principle of Hadley v. Baxendale by limiting damages to losses naturally arising from the breach or those in the contemplation of the parties at the time of contract.
The leading Indian authority on the doctrine of frustration of contract under Section 56 of the Indian Contract Act, 1872 is -
aCarlill v. Carbolic Smoke Ball Co.
bBalfour v. Balfour
cMohori Bibee v. Dharmodas Ghose
dSatyabrata Ghose v. Mugneeram Bangur & Co.
Answer: D
In Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44), the Supreme Court authoritatively explained the doctrine of frustration of contract under Section 56, holding that impossibility means impracticability rather than mere commercial hardship.
Which of the following is a new mode of punishment introduced for the first time under Section 4 of the Bharatiya Nyaya Sanhita, 2023?
aWhipping
bSolitary confinement
cCommunity service
dForfeiture of property
Answer: C
Section 4(f) BNS introduces community service as a new form of punishment, alongside death, imprisonment for life, imprisonment, forfeiture of property and fine.
The Bharatiya Nyaya Sanhita, 2023 has introduced 'snatching' as a distinct offence. It is defined and made punishable (imprisonment which may extend to three years and fine) under -
aSection 312
bSection 304
cSection 309
dSection 303
Answer: B
Section 304 BNS defines snatching as theft committed by suddenly, quickly or forcibly seizing or grabbing movable property, punishable with imprisonment up to three years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required to constitute the offence of dacoity (Section 310) is -
aTwo or more
bFour or more
cThree or more
dFive or more
Answer: D
Section 310 BNS requires five or more persons conjointly committing or attempting robbery (including those present and aiding) to constitute dacoity, the same threshold as the erstwhile Section 391 IPC.
Criminal conspiracy - an agreement between two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means - is defined under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 120B
bSection 61
cSection 59
dSection 111
Answer: B
Section 61 BNS defines and punishes criminal conspiracy, replacing the old Sections 120A and 120B IPC.
Under the Bharatiya Nyaya Sanhita, 2023, a man who, by deceitful means or by making a false promise to marry without intending to fulfil it, has sexual intercourse with a woman (such intercourse not amounting to rape) is punishable under -
aSection 85
bSection 69
cSection 64
dSection 67
Answer: B
Section 69 BNS is a new provision punishing sexual intercourse by deceitful means or false promise of marriage with imprisonment up to ten years and fine; the Explanation includes false promise of employment, promotion or marrying by suppressing identity.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time, the procedure for trial in absentia of a proclaimed offender who has absconded to evade trial and against whom there is no immediate prospect of arrest?
aSection 299
bSection 355
cSection 356
dSection 84
Answer: C
Section 356 BNSS is a new provision permitting trial and pronouncement of judgment in absentia against a declared proclaimed offender, deeming his absconding a waiver of the right to be present.
Under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence on a complaint, the Magistrate is required to:
arecord the statement of the complainant on oath only
bgive the accused an opportunity of being heard
crefer the complaint to the police for investigation
dissue process to the accused without any hearing
Answer: B
The proviso to Section 223(1) BNSS is a new safeguard requiring that the accused be given an opportunity of being heard before the Magistrate takes cognizance on a complaint.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition by a convict under sentence of death to the President or the Governor must be filed within:
athirty days from the date the Superintendent of jail informs him of the dismissal of his appeal
bfifteen days from the date the Superintendent of jail informs him of the dismissal of his appeal
csixty days from the date of confirmation of sentence
dninety days from the date of confirmation of sentence
Answer: A
Section 472(1) BNSS, a new statutory mercy-petition provision, prescribes a thirty-day window from the date the jail Superintendent informs the convict of dismissal of his appeal/review/SLP.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure and preparation of the list of seized things is required to be:
arecorded only in writing by the investigating officer
baudio-video electronically recorded, preferably by mobile phone
cwitnessed by at least four independent persons
dattested by a Judicial Magistrate in person
Answer: B
Section 105 BNSS mandates that search, seizure and the preparation of the list of seized articles be recorded through audio-video electronic means, preferably a mobile phone.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence where the offence is punishable with imprisonment for a term of:
afive years or more
bthree years or more
cten years or more
dseven years or more
Answer: D
Section 176(3) BNSS makes forensic investigation at the crime scene compulsory for offences punishable with imprisonment of seven years or more.
A party who has obtained substituted performance of a contract under section 20 of the Specific Relief Act, 1963 :-
ashall not be entitled to claim relief of specific performance against the party in breach, but may claim compensation
bis entitled to claim specific performance in addition to the cost of substituted performance
cis entitled to neither specific performance nor compensation
dmust first obtain leave of the court before recovering the cost
Answer: A
Under section 20, a party who obtains substituted performance cannot thereafter claim specific performance against the party in breach, but he remains entitled to recover the expenses and costs actually incurred and to claim compensation.
Special provisions making it impermissible for a court to grant an injunction in any suit where granting it would cause hindrance or delay in the progress or completion of an infrastructure project specified in the Schedule, are contained in which section of the Specific Relief Act, 1963 ?
aSection 20C
bSection 20A
cSection 20B
dSection 14A
Answer: B
Section 20A, inserted by the 2018 Amendment, bars the grant of an injunction in suits relating to infrastructure projects specified in the Schedule where it would impede or delay the project.
Under section 20B of the Specific Relief Act, 1963, a Special Court is required to endeavour to dispose of a suit relating to an infrastructure project, from the date of service of summons to the defendant, within a period of :-
asix months, extendable by three months
btwelve months, extendable by a further period not exceeding six months in aggregate
ctwenty-four months, extendable by six months
deighteen months, not extendable
Answer: B
Section 20B (read with section 20C) provides that Special Courts shall endeavour to dispose of such suits within twelve months from the date of service of summons, extendable by a further period not exceeding six months in the aggregate for reasons recorded.
The power of the court to engage one or more experts, to direct such experts to report on any specific issue and to secure their attendance, is conferred by which section of the Specific Relief Act, 1963 ?
aSection 20A
bSection 14A
cSection 21A
dSection 14
Answer: B
Section 14A, inserted by the 2018 Amendment, empowers the court to engage experts on specific issues in a suit and to secure their attendance; their opinion forms part of the record.
Under Section 13 of the Transfer of Property Act, 1882, an interest created for the benefit of an unborn person:
amust comprise the whole of the remaining interest of the transferor (an absolute interest)
bmust always be a limited life interest
cis void in every case as the beneficiary is not in existence
dmay be created directly in favour of the unborn person
Answer: A
Section 13 requires that a transfer for an unborn person be preceded by a prior life interest and that the unborn person take the whole of the transferor's remaining interest; a mere life estate cannot be conferred on the unborn.
The doctrine that a person who takes a benefit under an instrument must also bear the burden under it, and cannot approbate and reprobate the same transaction, is embodied in which section of the Transfer of Property Act, 1882?
aSection 35 (Election)
bSection 41 (Ostensible owner)
cSection 51 (Improvements by bona fide holder)
dSection 43 (Feeding the grant by estoppel)
Answer: A
Section 35 enacts the doctrine of election: where a transferor professes to transfer property he has no right to transfer and confers a benefit on its owner, the owner must elect to confirm the transfer or relinquish the benefit.
Section 41 of the Transfer of Property Act, 1882 (transfer by an ostensible owner) protects a transferee only where, among other conditions, the transferee:
atook the transfer gratuitously and without enquiry
bwas a relative of the real owner
cacted in good faith after taking reasonable care to ascertain that the transferor had power to make the transfer
dobtained the consent of the real owner in writing
Answer: C
Section 41 protects a transferee for consideration from an ostensible owner only if he acted in good faith after taking reasonable care to ascertain that the transferor had power to transfer.
'A', having no title, fraudulently represents that he is entitled to certain land and sells it to 'B' for value. 'A' later acquires good title to that very land. Under Section 43 of the Transfer of Property Act, 1882:
aA may rescind the sale on acquiring title
bB can only claim damages and not the property
cB may, at his option, require the after-acquired interest to be transferred to him, the contract of transfer still subsisting
dthe sale remains void and B acquires nothing
Answer: C
Section 43 (feeding the grant by estoppel) allows the misled transferee for consideration, at his option, to claim the interest the transferor subsequently acquires, so long as the contract subsists, as affirmed in Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847.
Under Section 13(2) of the M.P. Accommodation Control Act, 1961, the court is required to fix a reasonable provisional rent where, in the suit or proceeding, there is a dispute as to :
athe date of commencement of the tenancy
bthe relationship of landlord and tenant
cthe amount of rent payable by the tenant
dthe arrears of rent only
Answer: C
Section 13(2) requires the court, on a plea taken at the earliest opportunity, to fix a reasonable provisional rent where there is a dispute as to the amount of rent payable by the tenant.
If a tenant fails to deposit or pay any amount as required by Section 13 of the M.P. Accommodation Control Act, 1961, the court :
ashall initiate contempt proceedings against the tenant
bshall award costs and adjourn the matter sine die
cmay order the defence against eviction to be struck out and proceed with the hearing of the suit
dshall straightway pass a decree of eviction against the tenant
Answer: C
Under Section 13(6), on the tenant's failure to deposit or pay the required amount the court may order the defence against eviction to be struck out and shall proceed with the hearing of the suit, appeal or proceeding.
Under the proviso to Section 12(3) of the M.P. Accommodation Control Act, 1961, a tenant who has once obtained the benefit of protection against eviction for non-payment of rent loses that benefit if he again defaults in payment of rent for :
atwo consecutive months
bthree consecutive months
cfour consecutive months
dsix consecutive months
Answer: B
The proviso to Section 12(3) denies the benefit of the sub-section to a tenant who, having once obtained it for any accommodation, again makes default in payment of rent for three consecutive months.
Under Section 57 of the M.P. Land Revenue Code, 1959, all lands, public roads, lanes, paths, bridges, rivers, streams, tanks and standing and flowing water, mines, quarries, minerals and subsoil are declared to be the property of :-
athe bhumiswami in possession
bthe Gram Panchayat
cthe Board of Revenue
dthe State Government
Answer: D
Section 57 vests State ownership in all lands and the enumerated natural resources, save in so far as any rights therein are expressly conferred on any person by or under the Code or any other enactment.
Diversion of a holding from one purpose to another, with intimation to the Sub-Divisional Officer, is dealt with under which Section of the M.P. Land Revenue Code, 1959?
aSection 165
bSection 172
cSection 59
dSection 178
Answer: B
Section 172 deals with 'Diversion of land', requiring the bhumiswami to give intimation of diversion; Section 59 separately governs variation of land revenue according to the purpose for which land is used.
Under the M.P. Land Revenue Code, 1959, the construction of boundary marks of villages and survey numbers or plot numbers is provided for under :-
aSection 122
bSection 129
cSection 124
dSection 121
Answer: C
Section 124, in Chapter X (Boundaries and Boundary Marks, Survey Marks), provides for the construction of boundary marks of villages and survey numbers or plot numbers.
Identify the sentence that is written in the passive voice.
aThe judge delivered the verdict.
bThe lawyer is arguing the case.
cThe court is hearing the matter today.
dThe verdict was delivered by the judge.
Answer: D
"The verdict was delivered by the judge" is in the passive voice, as the object (verdict) becomes the subject and the agent follows "by"; the others are active.
The benefit of condonation of delay under Section 5 of the Limitation Act, 1963 on showing 'sufficient cause' is available to -
asuits and appeals, but not to applications
bevery suit, appeal and application alike
conly appeals before the High Court
dappeals and applications (other than under Order XXI CPC), but not to suits
Answer: D
Section 5 extends only to any appeal or any application (excluding applications under any provision of Order XXI CPC); it does not apply to suits, for which time can never be extended on the ground of sufficient cause.
A person entitled to institute a suit is a minor at the time from which the prescribed period is to be reckoned. Under Section 6 of the Limitation Act, 1963 he may institute the suit -
aat any time without any limitation whatsoever
bwithin thirty years in every case
cwithin the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed
donly through his guardian during minority, failing which the right is lost
Answer: C
Section 6 allows a person under legal disability (minority, insanity, idiocy) when the period begins to run to institute the suit or make the application within the same period, after the disability has ceased, that would otherwise have been allowed from the time prescribed.
A cheque is dishonoured and the bank's intimation is received by the payee. Within what period of receipt of such information must the payee give a written notice of demand to the drawer to attract liability under Section 138 of the Negotiable Instruments Act, 1881?
aWithin fifteen days
bWithin one month from the date of cause of action
cWithin thirty days
dWithin forty-five days
Answer: C
Proviso (b) to Section 138 (as amended in 2002) requires the payee or holder to make a demand for payment by giving a notice in writing within thirty days of receipt of information from the bank regarding the dishonour.
Under Section 24 of the Code of Civil Procedure, 1908, the general power to transfer and withdraw a suit, appeal or other proceeding may be exercised by :-
aany Court of Small Causes
bthe Supreme Court only
cthe High Court or the District Court only
dthe State Government
Answer: C
Section 24 vests the general power of transfer and withdrawal of suits, appeals and other proceedings in the High Court and the District Court, exercisable on the application of a party or suo motu.
The Supreme Court laid down the procedure and categories of cases suitable for reference to ADR under Section 89 of the Code of Civil Procedure, 1908 in :-
aK.K. Modi v. K.N. Modi
bBooz Allen & Hamilton Inc. v. SBI Home Finance Ltd.
cAfcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
dSalem Advocate Bar Association v. Union of India (I)
Answer: C
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court clarified the working of Section 89 and identified categories of cases suitable and unsuitable for ADR reference.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity until the expiration of how many months next after notice in writing under Section 80 of the Code of Civil Procedure, 1908?
aSix months
bTwo months
cThree months
dOne month
Answer: B
Section 80(1) requires that a suit against the Government or a public officer for an official act be instituted only after the expiry of two months from delivery of the statutory notice in writing.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 shall lie to the High Court only if the High Court is satisfied that the case involves :-
aa question of valuation of property
ba substantial question of law
can error of fact apparent on record
da mixed question of fact and law
Answer: B
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated under sub-section (4).
The power of the High Court to call for the record of a subordinate Court in which no appeal lies, where the subordinate Court appears to have exercised a jurisdiction not vested in it, is provided under :-
aSection 151
bSection 115
cSection 96
dSection 114
Answer: B
Section 115 confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies; Section 114 deals with review and Section 151 with inherent powers.
Where a decree is varied or reversed in appeal, an application for restitution to restore the parties to the position they would have occupied is made under :-
aSection 144
bSection 47
cSection 152
dSection 151
Answer: A
Section 144 embodies the doctrine of restitution, enabling the court which passed the decree to restore to a party what was lost in consequence of a decree that is later varied, reversed, set aside or modified.
Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, no application for amendment of pleadings shall be allowed after the trial has commenced unless :-
athe amendment relates only to a clerical error
bthe suit has not been listed for final arguments
cthe opposite party consents to the amendment
dthe court is satisfied that in spite of due diligence the party could not have raised the matter before the commencement of trial
Answer: D
The proviso added in 2002 bars post-trial amendments unless the court concludes that, despite due diligence, the party could not have raised the matter before trial commenced.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, the plaint shall be rejected where :-
athe defendant denies the allegations in the plaint
bissues have not been framed by the court
cthe plaintiff fails to appear on the first hearing
dthe suit appears from the statement in the plaint to be barred by any law
Answer: D
Order VII Rule 11(d) mandates rejection of a plaint where the suit appears from the plaint's own averments to be barred by any law; the other situations are governed by different provisions.
Where a suit is dismissed under Order IX Rule 8 of the Code of Civil Procedure, 1908 for non-appearance of the plaintiff when the defendant appears, the plaintiff's remedy is to :-
afile a first appeal under Section 96
bfile a fresh suit on the same cause of action as of right
capply for review under Order XLVII
dapply under Order IX Rule 9 to set aside the dismissal on showing sufficient cause
Answer: D
On dismissal under Order IX Rule 8, Order IX Rule 9 bars a fresh suit on the same cause of action and the plaintiff must apply to set aside the dismissal by showing sufficient cause for non-appearance.
On a Proclamation of Emergency on the ground of breakdown of constitutional machinery in a State (President's Rule under Article 356), the maximum period for which such Proclamation may ordinarily remain in force, subject to periodic parliamentary approval and the outer limit prescribed by the Constitution, is:
aSix months in the first instance, extendable up to a maximum of three years
bIndefinitely, at the pleasure of the President
cTwo months only, not extendable
dOne year, with no possibility of extension
Answer: A
A Proclamation under Article 356 approved by both Houses remains in force for six months and may be extended in periods not exceeding six months each, up to a maximum of three years (subject to the conditions in Article 356(5)).
The Comptroller and Auditor-General of India, whose duties and powers relate to the accounts of the Union and the States, holds office and is governed primarily by which Article of the Constitution?
aArticle 315
bArticle 148
cArticle 324
dArticle 76
Answer: B
Article 148 provides for the office of the Comptroller and Auditor-General of India, his appointment by the President and conditions of service. Article 76 deals with the Attorney-General and Article 324 with the Election Commission.
A Judge of a High Court may be removed from office by the President only on the ground of proved misbehaviour or incapacity, after an address by each House of Parliament supported by:
aA majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting
bA simple majority of the members present and voting
cAn absolute majority of both Houses sitting jointly
dThree-fourths of the total membership of that House
Answer: A
Under Article 217 read with Article 124(4), a High Court Judge is removed by the same process as a Supreme Court Judge: an address by each House supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Dr. B.R. Ambedkar described which Article of the Constitution as the "heart and soul" of the Constitution, being the one without which the Constitution would be a nullity?
aArticle 14
bArticle 226
cArticle 21
dArticle 32
Answer: D
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights; Ambedkar called it the very heart and soul of the Constitution as it makes the rights in Part III enforceable.
A resolution for the impeachment of the President under Article 61 must be passed in each House of Parliament by a majority of:
aSimple majority of members present and voting
bTwo-thirds of the members of that House present and voting only
cThree-fourths of the total membership of that House
dNot less than two-thirds of the total membership of that House
Answer: D
Under Article 61(2), the charge must be preferred by a resolution passed by a majority of not less than two-thirds of the total membership of the House, both in the initiating House and after investigation in the other House.
The legislative subjects on which both Parliament and State Legislatures can make laws are enumerated in which List of the Seventh Schedule?
aResiduary List
bList I (Union List)
cList III (Concurrent List)
dList II (State List)
Answer: C
Under Article 246 read with the Seventh Schedule, List III (the Concurrent List) contains subjects on which both Parliament and State Legislatures are competent to legislate, with Union law prevailing in case of repugnancy under Article 254.
The general rule of burden of proof under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is that :-
athe Court itself bears the burden of collecting proof
bthe burden always lies on the defendant or accused
cwhoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist
dthe burden lies on the party who denies the affirmative of the issue
Answer: C
Section 104 of the BSA (corresponding to old Section 101 IEA) lays down the foundational rule: he who asserts must prove. The party desiring the Court to give judgment on a right or liability dependent on certain facts must prove those facts; the burden of proof lies on that person.
In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that, in respect of secondary electronic evidence governed (after the new law) by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) :-
athe certificate may be produced at any stage even after the judgment
bno certificate is required and oral evidence of contents is sufficient
ca certificate under Section 63(4) (formerly Section 65B(4)) is a condition precedent to the admissibility of such electronic record
delectronic records are wholly inadmissible in evidence
Answer: C
Anvar P.V. held that a certificate (now under Section 63(4) of the BSA, corresponding to old Section 65B(4) IEA) is mandatory and a condition precedent for admitting secondary electronic evidence; where the original device itself is produced as primary evidence the certificate is not required.
The doctrine of estoppel embodied in Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) applies where one person :-
ahas, by his declaration, act or omission, intentionally caused or permitted another to believe a thing to be true and to act upon such belief, so that he cannot deny its truth in a suit between himself and that person
bgives evidence on oath which is later found to be untrue
cmakes a mistaken statement of law which the other party also believed
dfails to file a suit within the period of limitation
Answer: A
Section 121 of the BSA (corresponding to old Section 115 IEA) enacts estoppel by representation: where a person by declaration, act or omission intentionally causes or permits another to believe a thing true and to act on that belief, neither he nor his representative shall be allowed, in a suit between themselves, to deny the truth of that thing.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when so much of the information received from a person accused of an offence, while in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved is governed by:
aSection 22
bSection 23(1)
cSection 23(2)
dthe proviso to Section 23(2)
Answer: D
The proviso to Section 23(2) of the BSA (corresponding to old Section 27 IEA) is an exception to Section 23(1) and the main part of Section 23(2) and permits proof of only so much of the information given by an accused in police custody as distinctly relates to the fact thereby discovered. Section 23(1) and 23(2) bar confessions to police and confessions in police custody respectively.
A confession made to a police officer shall not be proved as against a person accused of any offence. This rule is contained in:
aSection 22
bSection 23(2)
cSection 24
dSection 23(1)
Answer: D
Section 23(1) of the BSA (corresponding to old Section 25 IEA) absolutely bars proof of a confession made to a police officer against the accused, to guard against the risk of confessions extracted by coercion. Section 22 deals with confessions caused by inducement, threat, coercion or promise, and Section 23(2) with confessions made while in police custody.
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